BaaS

Legal Notice and Terms of Use

Legal notice

Website publisher

  • The baas.sh website and its subdomains (including coffre-fort-numerique.baas.sh) are published by BAAS.SH, a simplified joint stock company (SAS) with share capital of €20,000.00.
  • SIREN number: 942 224 189 – Trade and Companies Register (RCS) number: 942 224 189 R.C.S. Angers.
  • EU VAT number: FR41942224189.
  • Registered office: 8 PLACE MONSEIGNEUR RUMEAU, 49100 ANGERS, France.
  • NAF / APE code: 62.01Z (Computer programming).
  • Contact: [email protected]

Hosting

  • The site is hosted by Cloudflare, Inc.
  • Address: 101 Townsend Street, San Francisco, CA 94107, United States.
  • Website: https://www.cloudflare.com.
  • Cloudflare notably provides hosting, security and content delivery network (CDN) services.

Intellectual property

  • The website as a whole and its content are protected by French and international copyright and intellectual property laws.
  • Trademarks, domain names, logos, graphic elements, interfaces, texts, software and databases of BaaS.sh are the exclusive property of BAAS.SH or its partners.
  • Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorization of BAAS.SH.

General terms of use of the BaaS.sh Service

These general terms of use (the "Terms") define the conditions under which BAAS.SH makes available the baas.sh website (including its subdomains, in particular coffre-fort-numerique.baas.sh) and the associated technology infrastructure service (the "Service"), and the conditions under which users access and use it. Any use of the Service implies full and unreserved acceptance of these Terms.

1. Definitions

User

  • Any natural or legal person who accesses the website or uses the Service, for its own account or on behalf of a third-party entity.

Customer

  • Any legal entity that has entered into a contract, purchase order or subscription offer with BAAS.SH for access to the Service.

Account

  • The online space enabling the User or Customer to access the functionalities of the Service, secured by unique login credentials.

2. Access to the Service and user account

2.1 Account creation

  • Access to certain functionalities of the Service requires the creation of an Account.
  • The User undertakes to provide accurate, complete and up-to-date information when creating an Account.
  • BAAS.SH reserves the right to refuse or suspend any Account in the event of manifestly inaccurate or fraudulent information.

2.2 Account security

  • The User is responsible for maintaining the confidentiality of their login credentials and authentication methods.
  • Any connection or action carried out using these credentials is deemed to have been performed by the User.
  • The User undertakes to notify BAAS.SH without undue delay of any unauthorized use of their Account or any suspected security breach.

2.3 Authorized use

  • The User undertakes to use the Service in compliance with applicable regulations and the rights of third parties.
  • It is forbidden to disrupt or attempt to disrupt the proper functioning of the Service, in particular by distributing malware or deliberately overloading resources.
  • It is forbidden to attempt to gain unauthorized access to BAAS.SH systems, data or infrastructure, or those of its customers.

3. Description of the Service

BaaS.sh provides technology infrastructure and digital vault services, including in particular: - development and production environments; - API access and SDKs; - monitoring, logging and integrity-proof features; - infrastructure, compliance and governance management tools.

4. Financial terms

4.1 Pricing and invoicing

  • The pricing conditions applicable to the Service are specified in the commercial offers, quotations, purchase orders or contracts concluded between BAAS.SH and the Customer.
  • Prices are expressed in euros and are exclusive of tax, unless otherwise stated.
  • Unless otherwise provided, invoicing is carried out according to the periodicity set out in the contract (monthly, annual or otherwise).

4.2 Late payment

  • Any late payment may give rise to the application of late payment interest and a fixed indemnity for collection costs, in accordance with applicable regulations.
  • In the event of persistent late payment after a formal notice has remained without effect, BAAS.SH reserves the right to suspend access to the Service until payment has been regularized.

5. Service levels and maintenance

5.1 Availability

  • In production environments, BAAS.SH uses reasonable efforts to ensure high availability of the Service, in accordance with the service levels set out in the contracts concluded with Customers (excluding planned maintenance operations and force majeure events).
  • In development environments, the Service is provided on a best-effort basis.
  • Planned maintenance operations likely to affect the availability of the Service are, as far as possible, notified to Customers in advance.

5.2 Support

  • The support terms (time windows, channels, levels of criticality, target response times) are specified in the offers and contracts concluded with Customers.
  • BAAS.SH may offer different levels of support (standard, priority, 24/7) depending on the subscribed plans.

6. Data, confidentiality and security

6.1 Data ownership

  • The Customer retains full ownership of the data, content and information that it stores, processes or transmits via the Service.
  • BAAS.SH acquires no ownership rights over such data, except for the rights strictly necessary for the performance of the Service.
  • In the event of termination of the Service, BAAS.SH uses reasonable efforts to enable the Customer to retrieve its data within a reasonable period, as contractually specified.

6.2 Confidentiality

  • BAAS.SH undertakes to keep confidential the non-public information communicated by the Customer in connection with the use of the Service.
  • Such information may only be disclosed to third parties with the Customer's consent or in cases provided for by law or a court decision.

6.3 Security

  • BAAS.SH implements reasonable technical and organizational measures to protect the Service and data against unauthorized access, loss, alteration or disclosure.
  • Such measures may include encryption of data in transit, access controls, logging and security monitoring mechanisms, as well as regular audits.

7. Personal data (GDPR)

7.1 Data controller

  • For personal data collected via the baas.sh website and its subdomains (including coffre-fort-numerique.baas.sh) (contact forms, Account creation, etc.), the data controller is BAAS.SH, as identified in the "Legal notice" section.

7.2 Purposes and legal bases

  • Handling contact and information requests (legitimate interest of BAAS.SH in responding to enquiries).
  • Management of user Accounts and provision of the Service (performance of the contract).
  • Sending of information or marketing communications, subject to consent or applicable legitimate interest.
  • Improvement of the website and the Service (legitimate interest).

7.3 Data subject rights

  • In accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act, any data subject has the right of access, rectification, erasure, restriction, objection on legitimate grounds and data portability.
  • These rights may be exercised by contacting BAAS.SH at the following address: [email protected]
  • The data subject also has the right to lodge a complaint with the competent supervisory authority (in France: the CNIL).

7.4 Retention periods

  • Personal data is retained for the period strictly necessary for the purposes described above and, where applicable, extended by the statutory limitation periods.

8. Cookies and trackers

8.1 Principle

  • The website may use different types of cookies and trackers necessary for its operation, audience measurement and, where applicable, marketing purposes.

8.2 Audience measurement (Google Analytics)

  • BAAS.SH may use audience measurement tools such as Google Analytics in order to better understand how the website is used and improve its operation.
  • Where required, the placement of these cookies is subject to the prior consent of the User.

8.3 Settings

  • The User may adjust their cookie preferences at any time via their browser settings and, where applicable, via the consent management tool provided on the website.

9. Liability

9.1 Principle

  • The Service is provided "as is" and BAAS.SH does not warrant the total absence of errors or interruptions.
  • BAAS.SH shall not be liable for indirect, non-material or consequential damages, such as loss of profit, loss of opportunity, loss of data or damage to image.

9.2 Limitation

  • In any case where BAAS.SH's liability is established in connection with the performance of these Terms, the compensation due to the Customer shall be expressly limited, all causes taken together, to the amount excluding tax actually paid by the Customer to BAAS.SH for the Service during the twelve (12) months preceding the event giving rise to the claim.

9.3 Force majeure

  • BAAS.SH shall not be held liable in the event of an occurrence of force majeure within the meaning of French law and case law.

10. Subcontracting

10.1 Use of service providers

  • BAAS.SH may use service providers and subcontractors for the provision of the Service (hosting, security, support, etc.).
  • Where these service providers process personal data on behalf of BAAS.SH, they are contractually required to provide sufficient guarantees in terms of security and confidentiality, including where data is transferred outside the European Union under conditions compliant with applicable regulations.

11. Governing law and jurisdiction

11.1 Governing law

  • These Terms are governed by French law.

11.2 Dispute resolution

  • In the event of a dispute relating to the interpretation, validity or performance of these Terms, and failing amicable resolution, exclusive jurisdiction is granted to the courts within the jurisdiction of the Angers Court of Appeal, notwithstanding multiple defendants or third-party proceedings.

12. Changes to the Terms

12.1 Updates

  • BAAS.SH reserves the right to amend these Terms at any time in order to adapt them to changes in the Service or in the applicable laws and regulations.
  • The applicable version is the one in force on the date of use of the website and the Service, as published on this page.

For any question regarding this legal notice or the terms of use, you can contact us at the following address:
[email protected]