General Terms and Conditions

LazyDB

Entry into force: 08 08 2021

Purpose

The company Web.Workers (hereinafter referred to as "Web.Workers") exploits the website lazydb.com (hereinafter referred to as the "Website") through which it offers to its customers a solution named "LazyDB".

The purpose of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) is to define the terms and Conditions of the services provided by Web.Workers (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this context.

These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website.

They may be completed by specific conditions, including the term of its contractual undertaking, the list of the Services and their financial terms and conditions (hereinafter referred to as the "Specific Conditions"), which, in the event of contradiction, prevail over the General Terms and Conditions, and together form the agreement (hereinafter referred to as the "Agreement").

Manager of the Website and Services, Contact Details

The Website and the Services are managed by the company Web.Workers SAS, a French simplified joint stock company, registered under number 895 293 926 with the Registry of Trade and Companies of Paris, whose head office is located at 8 RUE LEMERCIER 75017 PARIS

Web.Workers can be contacted through any of the following channels:

Street Address: 8 RUE LEMERCIER 75017 PARIS
Email address: support@lazydb.com

Access to the Website and Services

The Website and the Services can be accessed by:

Any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative.

Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.

Website and Services for professional and personal use

The Website and the Services are designed and meant for :

Professional customers are understood as any natural or legal person exercising a remunerated activity on a non-occasional basis in all sectors of industry and commerce (hereinafter referred to as the “Professional Customers”) and,
Individual customers (hereinafter referred to as the “Individual Customers”).

(hereinafter together referred to as the “Customers”).

Acceptance of the General Terms and Conditions

These General Terms and Conditions can be accepted by registering to LazyDB alpha.

This acceptance can only be full and complete. Any qualified acceptance is considered as null and void. Customers who do not accept to be bound by the General Terms and Conditions must not access the Website or use the Services.

Registering

In order to use the Services, Customers must either:

Complete the registration form that is available on the Website.

Registering automatically entails the opening of an account in the Customer’s name (hereinafter referred to as the "Account"), giving Customer access to their own Personal Space (hereinafter referred to as the "Personal Space ") which shall enable them to use the Services in a format and according to the technical means that Web.Workers deem the most appropriate for providing the said Services.

Customers guarantee that all information they provide in the registration form is exact, up to date, and sincere and is in no way misleading or dishonest.

They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.

Customer is hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Customer shall be binding upon confirmation.

Customer can access their Personal Space by logging in to the Website using its connection ID and password.

Customer agrees to use the Services themselves personally and agrees not to allow any third party to use them on their behalf unless accepting full responsibility for the consequences.

Customer is also responsible for keeping its connection ID and password confidential, as any access to the Website with this ID and password are deemed to be made by the Customer. The Customers shall contact Web.Workers immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions, if it notices that their Account has been used without its knowledge. Customer acknowledges Web.Workers's right to take all measures it deems appropriate in a case such as this.

Services

Description of the Services

Web.Workers's offers are described on the Website, knowing that only one offer is proposed:

The “Alpha access” offer.

The Solution gives the customers access to their own LazyDB alpha server, including 500 mo of storage, 200 requests/ second, 100 online users, and all the features of LazyDB

Customers have access to the Services, in a format and according to the technical means that Web.Workers deem the most appropriate.

Hosting of the Website

Since the service LazyDB is in ALPHA, Web.Workers do not warranty the work of the services and may not behold as responsible if the service is temporarily unavailable or if data created by the user is lost.

Term of the Services and subscription

Customers subscribe to the Services in the form of a subscription (hereinafter referred to as the "Subscription"). Subscription to Services is taken out for a term of unlimited duration.

Customers can opt-out of the Services at any time from their Personal Space. Web.Workers will get in touch with the Customer to confirm his request.

Their Subscription shall be canceled within a maximum of 15 days from the date of this request. This shall cause the automatic deletion of their Account and all the data stored on their LazyDB server.

Financial Conditions

Price of the Services

The “Alpha access” offer is subject to a monthly subscription of 14.99€ / Month.

Web.Workers reserve the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to propose promotional offers, price reductions, or free Subscription periods.

Payment delays and incidents

Customer is hereby informed and expressly agrees that any payment delay of all or part of any payable amount due to Web.Workers at its due term shall automatically entail, and from the day following the payment date indicated on the invoice:

The forfeiture of the term of all amounts payable by the Customer and their immediate playability, regardless of the terms of payment that had been provided;

The immediate suspension of the Services and access to the Website until full payment of all amounts due.

Agreement in relation to proof

Customers expressly acknowledge and accept that:

Data collected on Web.Worker's Website and its computer equipment attest to the reality of the transactions performed in the context of this Agreement,
This data is the main means of acceptable proof between the parties.

Obligations for Customers

Without prejudice to other obligations provided for in this Agreement, Customers undertake to respect the following obligations.

Customers agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.

It is solely responsible for its use of the Website and the Services.

Customers agree to provide Web.Workers with all information necessary for the proper performance of the Services. More generally, Customers agree to actively cooperate with Web.Workers with a view to ensuring the proper performance of this Agreement.

Customers are solely responsible for the documents, elements, data, information, and any content that it provides to Web.Workers in the context of the use of the Services. Customers guarantee to Web.Workers that it is authorized to provide it with these elements and that it has all the rights and authorizations necessary for their use in the context of the Services.

Customers acknowledge being aware of the Website and its characteristics.

Customers undertake to make strictly personal use of the Services. Consequently, it undertakes to refrain from assigning, conceding, or transferring all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.

Customers' Guarantee

Each Customer agrees to defend, indemnify and hold Web.Workers harmless from and against any claims, demands, actions, and/or grievances whatsoever, that Web.Workers could incur as a result of a breach by the Customer in the question of any one of its obligations or guarantees under this Agreement.

Customers agree to compensate Web.Workers for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.

Liability and guarantee of Web.Workers

Web.Woerkers agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this is without any obligation of result, and this is expressly acknowledged and agreed by Customers.

Web.Workers do not guarantee the Customers that the Services offered will satisfy all of their needs and expectations.

Web.Workers shall not be held liable for decisions taken by the Customers or by any third party designated by the Customers. Likewise, Web.Workers may not under any circumstances be held liable for the Content published by the Customers on the Website, over which it exercises no control, verification, or moderation of any kind.

Web.Workers reserve the right to temporarily interrupt access to the Website for maintenance reasons.

Likewise, Web.Workers shall not be held liable for momentary difficulties or impossibilities in accessing its Website due to circumstances beyond its control, force majeure, or disruptions in the telecommunications networks, as the Customers are informed of the complexity of the global networks and the influx of Internet Customers at certain times of the day.

The Services are provided by Web.Workers as is and without any guarantee of any kind, whether express or implicit. In particular, Web.Workers do not guarantee to Customers (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for the benefit of a given Customers according to his own personal constraints, will specifically meet his needs and expectations.

Prohibited behaviour

It is strictly prohibited to use the Services to the following ends:

Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
Violating public order or any local policy or laws,
Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
Sending unsolicited emails and / or prospecting or commercial solicitation,
Tampering with the aim to improve referencing of another site,
Using the Website for the release of information or links to third party Websites,
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
And more generally, any action that uses the Services for any other purpose than that for which they were designed.

Customers are strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology, or any other component of Web.Workers's Website.

The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Web.Workers's IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Web.Workers or of the Customers of its Website and finally, more generally, (vii) any breach of these General Terms and Conditions.

It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and / or shared on the Website.

Sanctions for breaches

In the event of a breach by a Customer of any of the provisions of this Agreement or more generally of any infringement by the former of any laws and regulations in force, Web.Workers reserve the right to take any measures it deems appropriate and in particular:

to suspend, cancel or prevent access to the Services for any Customer who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
to delete all Content related to said breach or the infringement, in total or part,
to publish on the Website any related informational message that Web.Workers deem useful,
to take any appropriate measures and to commence and prosecute any legal proceedings,
to inform, where appropriate, any relevant authorities, to cooperate with them and to provide them with all information that may be required for the investigation and the repression of illegal or illicit activities.

The Customer is informed and accepts that any failure to fulfill its obligations may result, in addition to the consequences provided for above, in the immediate termination of the Agreement by Web.Workers, by any written means.

Confidentiality

Each party undertakes to keep strictly confidential the documents, elements, data, and information of the other party which it may receive which are expressly identified by the other party as confidential. As far as Web.Workers are concerned, the parties expressly agree that this obligation of confidentiality shall cover the personal data that it will be required to process for the Customer within the framework of the Services.

All of this information is hereinafter referred to as "Confidential Information".

The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party for a period of 3 (three) years from the end of the performance of the Services concerned. It may only transmit them to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided for herein. This obligation does not extend to documents, elements, data and information:

of which the receiving party was already aware;
which were already public at the time of their communication or which would become public without breach of this Agreement;
which would have been lawfully received from a third party;
the disclosure of which is required by judicial authorities, pursuant to laws and regulations or in order to establish a party's rights under this Agreement.

Intellectual Property of Web.Workers

The systems, software, structures, infrastructures, databases, and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Web.Workers on the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying, and, more generally, any reproduction, representation, publishing, or use of all or part of any of these items, without Web.Workers's authorization is strictly prohibited and could lead to prosecution.

Personal data

The Customer expressly authorizes Web.Workers to cite and use as appropriate reproduction of its trademark or logo as a customer reference, in particular during events, in its commercial documents, on its Website, in any form whatsoever during the term of the Agreement and 5 (five) years after its expiry.

Web.Workers can in no way be held liable for the technical availability or unavailability of Internet sites or mobile Websites operated by third parties (including its potential partners) which Customers would access through links on the Website.

Web.Workers shall not be liable for content, advertisements, products, and/or services available on such third-party sites or mobile websites, and Customers are hereby reminded that these sites are governed by their own terms and Conditions.

Web.Workers shall not be liable for any transactions conducted between Customers and any advertisers, professionals or salespersons (including its potential partners) to which Customers may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.

Force majeure

Neither Party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the Parties' control and constitutes force majeure, as defined in Article 1218 of the French Civil Code.

The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties shall come together to determine together the most appropriate means to alleviate, if possible, the consequences of the event(s) constituting force majeure.

If the case of force majeure lasts for more than 3 (three) months, each party may terminate the Agreement, ipso jure, without legal formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.

If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the fulfillment of the obligations not affected by the case of force majeure as well as its payment obligations.

As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume the performance of the affected obligations within a reasonable period of time.
Amendments

Web.Workers reserve the right to amend these General Terms and Conditions at any time.

Customers shall be informed of these amendments through any pertinent channel.

Any Customer who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out in Article “Term of the Services, unsubscription”.

Customers who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.

Provisions only applicable to Individual Customers

Express waiver to right of withdrawal

Individual Customers are informed that a right of withdrawal applies in principle to all distance service agreements concluded between professionals and consumers, and that this right may be exercised within 14 (fourteen) days from this Agreement’s conclusion.

They are however expressly informed and accept that Services are provided to them once they are registered and are therefore fully performed before the expiry of the above-mentioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which cannot be exercised, pursuant to article L.221-28 of the French consumer Code.

Language

In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.

Law and Jurisdiction

These General Terms and Conditions are governed by French law.