UNITAG is a simplified joint-stock company (société par actions simplifiée) with a share capital of €138,649, registered with the Toulouse Trade and Companies Register under number 532 050 523, with its registered office at 13 rue Sainte Ursule, 31000 Toulouse (hereinafter referred to as "UNITAG").
UNITAG publishes the following media (the "Media"):
A website available at https://www.UNITAG.io/fr or any other address that may be substituted for it, intended to present UNITAG's business, community and services (the "Website");
An online client platform at https://console.UNITAG.io/login or any other address that may be substituted for it (the "Client Platform").
GTU has the meaning given to it in Article 2 of the GTU.
GTC means the UNITAG General Terms and Conditions of Sale governing the relationship between UNITAG and its Users with respect to Paid Services.
Account means the account that a User creates on the Client Platform to access the Services offered by the Client Platform.
Content means any comment, text, photo, information, message, and more generally any content not directly created or produced by UNITAG.
Data means all data and related information pertaining, on the one hand, to Users and their personal information, insofar as they are legal entities, and on the other hand, to the Website and the Services, including images, texts, drawings, logos, videos, sounds, data, graphics, as well as the software and databases supporting their operation. Content is excluded from Data.
Personal Data means the data of a User who is a natural person that, within the meaning of Data Protection Legislation, allows a natural person to be identified or identifiable, directly or indirectly.
Data Protection Legislation means all laws and regulations relating to the protection of personal data, including in particular the European General Data Protection Regulation 2016/679 ("GDPR"), as well as national legislation implementing the GDPR, including the French Data Protection Act of 6 January 1978 as amended.
Applicable Law means French law.
Client Platform has the meaning given to it in the Preamble of the GTU.
QR Code is used as a generic term. The User is informed that the term "QR Code" is an international trademark registered by KABUSHIKI KAISHA DENSO (DENSO CORPORATION), which has reserved its use.
Services means the Free Services and the Paid Services.
Free Services has the meaning given to it in Article 5 of the GTU.
Paid Services has the meaning given to it in Article 5 of the GTU.
Website has the meaning given to it in the Preamble of the GTU.
Media has the meaning given to it in the Preamble of the GTU.
User means any natural or legal person who visits UNITAG's Media.
These General Terms of Use (hereinafter "GTU") are intended solely to govern access to the Website and the Client Platform, and to define the terms of their use.
The GTU apply to any natural person or legal entity that visits UNITAG's Media (the "Users").
The Client Platform and its associated Free Services are accessible only to Users with an account consisting of a username and associated password, under the conditions of Article 4.2 below (the "Account").
Any User using the Website and the Client Platform acknowledges having read and agrees to the entirety of the GTU.
The User also acknowledges having read and agrees to apply the "Personal Data" and "Legal Notices" sections present on the Website, and more generally all applicable legal and regulatory provisions.
In particular, any User of the Client Platform acknowledges having read and agrees to the entirety of the GTU at the time of their first login to the Client Platform, upon creating an Account, in accordance with Article 4 below.
The Website is accessible via UNITAG's Website, at the address mentioned in the Preamble.
Access to the Website is free of charge.
The User undertakes not to hinder access to the Website and/or the proper functioning of the Website in any way that could damage, intercept or interfere with all or part of the Website.
Access to the Client Platform is free of charge.
To create an Account on the Client Platform and benefit from the Free Services, the User must complete the login information (email and password). A code is sent to the registered email address to confirm registration and allow login to the Client Platform.
Upon registering on the Client Platform, the User is invited to read and accept these GTU.
The User then accesses their dashboard on the Client Platform and is invited to complete their profile with all information likely to enable better use of the Media and to benefit from the Services offered. The information requested includes in particular:
First and last name;
Company name;
Industry sector.
The User may always contact UNITAG by going to the Contact tab in their Account on the Client Platform.
All equipment required to access the Website, the Client Platform and use the Services remains exclusively the Users' responsibility. Users are therefore solely responsible for all equipment necessary to connect to the Client Platform, as well as for its protection.
The User is solely responsible for access to the Client Platform and their Account, and for the use made of their login credentials on the Client Platform and the Account. It is the User's responsibility to take all necessary steps to maintain and secure this access.
The User must immediately notify UNITAG of any loss, fraudulent use or disclosure of credentials to a third party. UNITAG is not responsible for losses and consequences arising from stolen or hacked passwords.
UNITAG does not have access to the User's password. In the event of loss, UNITAG can only provide the User with instructions for resetting their password.
UNITAG is released from all liability in the event of inability to access the Services due to an event beyond its control.
Users are informed that UNITAG staff have administrator access to ensure the proper performance of the Services.
Such access is strictly limited to operations necessary for the proper performance of the Services, in compliance with the confidentiality of the Client's data.
UNITAG cannot update contact details in the User's Account for billing purposes.
The User acknowledges being solely responsible for complying with all laws, regulations and obligations applicable to their use of the Website, the Client Platform and the Services. They assume full responsibility for the actions and decisions they take in this regard, and bear the resulting risks alone.
In general, the User is solely responsible for any decision made on the basis of information contained on the Website and the Client Platform, and for the use that may be made thereof.
The UNITAG User acknowledges having the skills and means necessary to access and use the Website.
The User indemnifies UNITAG against any damage of any nature, any claim or legal action brought by third parties relating to the use of the Services and their results, including in the event of action for infringement or unfair competition. In this regard, the User undertakes to indemnify UNITAG for all types of judgments, as well as compensation, damages and legal fees and court costs.
The User declares and warrants that all information provided when creating an Account, and when accessing the Client Platform and using the Service, is and will remain complete and accurate.
The Website and access to the Client Platform provide access to Free Services offered by UNITAG, as described in this article (the "Free Services").
Paid services requiring a subscription are described in UNITAG's GTC (the "Paid Services") (Free Services and Paid Services together referred to as the "Services").
The Free Services on the Website allow the User to generate personalised QR Codes and download them to their computer for subsequent printing.
QR Codes may in particular contain the following information:
A website URL;
A phone number, email address or Wi-Fi credentials;
An event or a location;
Plain text to display.
The visual appearance of free QR Codes is fully customisable.
The User may download the file corresponding to the QR Code.
At the time of download, the User may choose the quality of their QR Code:
Low definition: free download, with a limited number of scans;
High definition: paid download, with no limit on the number of scans.
It is important that the User carries out their own reading tests under conditions similar to the QR Code's final environment using several QR Code reading applications. The User acknowledges that UNITAG cannot be held liable for reading issues.
A QR Code generated through the Client Platform via a free Account may be edited (printing, digital insertion, etc.) and scanned without any limit on the number of times.
QR Codes may in particular contain the following information:
A website URL;
A phone number, email address or Wi-Fi credentials;
An event or a location;
Plain text to display.
The visual appearance of free QR Codes is fully customisable.
It is important that the User carries out their own reading tests under conditions similar to the QR Code's final environment using several QR Code reading applications. The User acknowledges that UNITAG cannot be held liable for reading issues.
The User will not be able to download the file corresponding to the QR Code.
The User acknowledges and accepts that the limitations of the Free Services are defined by the commercial offer accessible via https://console.unitag.io/plans.
UNITAG reserves the right to modify the definition of the free offer at any time and without notice. UNITAG reserves the right to archive any product that exceeds the limits.
UNITAG undertakes to archive QR codes exceeding the authorised limit for a maximum period of 6 months in order to allow their restoration. After this period, UNITAG reserves the right to permanently delete these QR Codes.
It is strictly prohibited to use the Client Platform to generate QR codes:
Related to illegal activities (scams, phishing, fraud, counterfeiting, etc.);
Containing defamatory, racist, pornographic content, or content contrary to public order, and more generally to applicable legislation;
In violation of third-party intellectual property rights;
Redirecting to malicious websites or content.
Any breach may result in the immediate suspension of the Account and legal proceedings.
The User is solely responsible for their use of the Services and indemnifies UNITAG against any claim.
UNITAG endeavours, as far as possible, to make the Website, the Client Platform and its Services accessible at all times, 7 days a week.
Nevertheless, for the proper management of the Website and the Client Platform, UNITAG may at any time:
Suspend, interrupt or restrict access to all or part of the Website and the Client Platform, or to certain parts thereof, for Users;
Delete any information that may disrupt their operation or that contravenes national or international laws;
Suspend the Website and/or the Client Platform in order to carry out updates, corrective or maintenance work required for the proper functioning of the Website, the Client Platform and the Services.
UNITAG cannot be held liable for any malfunction, suspension or shutdown of the Website, the Client Platform and the Services, for whatever reason, or for any direct or indirect damage resulting in any way from access to the Website, the Client Platform and the Services.
UNITAG cannot be held liable for malfunctions or damage whose cause is directly or indirectly linked to an information system other than its own, in particular that of the Users.
To delete their Account on the Client Platform, the User must send a written request to UNITAG at the following address: support@unitag.io
In the event of a breach by the User of these GTU, UNITAG reserves the right to:
Restrict access to and use of the Website and/or the Client Platform;
Temporarily or permanently suspend (terminate) the User's Account.
In this regard, UNITAG undertakes to notify the User of the implementation of such a measure in order to give them time and the opportunity to provide explanations to UNITAG. The lifting of measures is at UNITAG's sole discretion.
If the Client Account is inactive for twelve months or more, UNITAG reserves the right to close the Client Account without any refund.
UNITAG will inform the Client of the permanent closure of their Client Account by email to the address associated with the Client Account at least three (3) months before the permanent closure.
In the context of the operation of the Website, the Client Platform and the Services by any User, UNITAG is bound by an obligation of means.
UNITAG also reserves the right to carry out technical, maintenance or update operations on the Website, the Client Platform and the Services, resulting in a temporary interruption of access.
In all cases, malfunctions and unavailability of the Website, the Client Platform and the Services resulting therefrom cannot give rise to any compensation for Users.
In particular, UNITAG does not guarantee:
The reliability, performance or completeness of content published on the Website and the Client Platform. Users accept to use this information under their sole responsibility;
The suitability of the Services for the use that Users wish to make of them. The User acknowledges and accepts that the Services offered through the Client Platform are in a particularly complex field of computer technology and cannot, in practice, be tested or experienced to cover all possible uses, particularly in the context of the shared use of their features.
In particular, without this list being exhaustive, UNITAG's liability cannot be engaged with respect to:
Difficulties or access times to the Client Platform due to total or partial non-compliance with an obligation, a failure and/or saturation at certain times of telecommunications network operators and/or internet service providers;
Scanning a QR Code. The technical variety and performance differences between phone cameras mean that UNITAG cannot guarantee their full readability. UNITAG reminds Clients that it is important to carry out their own reading tests under conditions similar to the QR Code's final environment;
Errors of handling and/or interpretation;
Virus contamination of the Users' data and/or software, the protection of which is their responsibility;
Damage that may be suffered by equipment connected to the Client Platform or their misuse, as these are entirely the User's responsibility;
Any misappropriation of credentials, and more generally of any sensitive information belonging to the User;
The suitability of the Services offered to the User's specific needs.
UNITAG undertakes to respond as quickly as possible to Users' requests and complaints, requests for removal or modification of content published on the Website, the Client Platform and the Services, under the conditions set out in these GTU and in compliance with the applicable legal provisions of the Law on Confidence in the Digital Economy.
Generated QR codes may redirect to external websites or content. UNITAG does not control these resources and accepts no liability for their nature, availability or compliance.
The User assumes full responsibility for the consequences of using QR codes.
UNITAG cannot be held liable for content, links or information embedded in QR codes generated by Users. The User is solely responsible for the content of the QR code, its use and its compliance with applicable legislation. UNITAG does not guarantee the accuracy, lawfulness or security of content redirected via QR codes, and accepts no liability for any unlawful, fraudulent or harmful content of QR Codes generated by Users.
The User is solely responsible for their use of QR Codes and indemnifies UNITAG against any claim.
UNITAG is the sole owner of the intellectual property rights in the Data on the Website, the Client Platform and the Services, which are protected by copyright in accordance with the provisions of the Intellectual Property Code.
UNITAG is the owner, assignee or rights holder of all elements making up the Website and the Platform, including in particular texts, data, drawings, graphics, photos, animations, sounds, computer codes, arrangements and assemblies of all or part of any element of this site, including downloadable documents.
All rights, including in particular the rights of exploitation, reproduction and extraction on any medium, of all or part of the data, files and all elements appearing on the web pages of the Website, as well as the rights of representation and reproduction on any medium, of all or part of the Website itself, the rights of modification, adaptation or translation, are reserved exclusively to UNITAG — and to its potential successors in title — subject to the pre-existing rights of third parties who have authorised the digital reproduction and/or integration into this Website by UNITAG of their works of any nature.
By accepting the GTU, UNITAG grants a non-exclusive, personal and non-transferable licence to use the Website, the Client Platform and the Services, in accordance with the purposes of the Website, the Client Platform and the Services.
Except for the limited licence rights expressly granted herein, no rights in the Data on the Website, the Client Platform and the Services are granted hereunder and all such rights are reserved.
Any other use or exploitation of the Website, the Client Platform and the Services, or their Data, without UNITAG's prior written authorisation, is prohibited.
In particular, it is prohibited to:
Reproduce, modify, adapt, distribute, publicly perform or broadcast the Website, the Client Platform and the Services and their Data, except as expressly authorised by UNITAG;
Reconstruct, or attempt to reconstruct, the computer solution of the Website, the Client Platform or the Services, for one's own account or for the purpose of offering, directly or indirectly, whether free of charge or for payment, the same or a comparable service to unauthorised persons, and/or distribute or sell, in any manner whatsoever, any element obtained through the Website, the Client Platform or the Services, for the purpose of assisting a person in reconstructing, in whole or in part, an equivalent service, subject to exceptions provided for by applicable legislation;
Infringe the intellectual property rights held by UNITAG or by third parties over the Website and the Client Platform, as well as over all Data accessible via the Website, the Client Platform and the Services;
Use UNITAG's names, trademarks and logos, as well as, more generally, any other name used in connection with the Website, the Client Platform or the Services, in advertising and commercial documents, without UNITAG's prior written consent.
UNITAG allows the User to personalise their QR Codes through the Client Platform, including by integrating into their QR Codes elements protected by intellectual property law or personality rights (photos, images, logos, texts, etc.).
The User declares and warrants that they hold sufficient rights to authorise UNITAG to display and then reproduce the QR Code generated on the Client Platform in the context of providing the Service.
In the context of making the Website and the Client Platform available and providing the Services, UNITAG acknowledges that it may collect and process Personal Data.
The Personal Data collected by UNITAG is necessary for access to the Services on the Website and the Client Platform, including in particular to:
Create an Account;
Monitor User registrations, compliance with these terms, and the handling of disputes;
The proper performance of the Services;
The sending of information emails and newsletters published by UNITAG.
Accordingly, the User acknowledges and consents that certain Personal Data is automatically transmitted to the Client Platform upon registration and Account creation, to the extent necessary for the proper performance and provision of the Services.
The User acknowledges that UNITAG acts as a data processor within the meaning of Data Protection Legislation and undertakes to process the Personal Data entrusted to it in accordance with the following provisions.
Data is retained for the entire duration of the Account's existence and for a maximum period of 2 years following termination of the Account.
UNITAG undertakes to process the Personal Data entrusted to it in accordance with the legal provisions, and to ensure compliance with those terms by its permanent and non-permanent staff, and its potential subcontractors, in particular by imposing on them similar commitments to those set out below.
UNITAG endeavours to comply with all legal obligations relating to the protection of personal data in France, and in particular confirms having completed all required preliminary formalities with the CNIL in connection with the processing of personal data relating to individual Users.
Individual Users have the right, at any time, upon simple request accompanied where necessary by proof of identity, to exercise the following rights:
Right to object, on legitimate grounds, to the processing of their Personal Data;
Right of access, communication and rectification of their Personal Data;
Right to erasure of their Personal Data;
Right to restriction of the processing of their Personal Data.
Requests must be sent to: team@unitag.io.
If an individual User considers that UNITAG does not comply with its obligations, they must first inform UNITAG and may, in the absence of a satisfactory response, contact the CNIL.
UNITAG may provide links from the Website or the Client Platform to other websites. These sites are independent of the Website and/or the Client Platform. UNITAG does not publish or control these sites.
Links to any site do not in any way constitute an endorsement of their content, products, advertising or any other goods or services presented on those sites. Accordingly, UNITAG cannot be held liable for any damage of any nature resulting from the content of those sites.
The creation of hyperlinks to the Website's homepage is permitted.
The creation by Users of any hyperlink to specific pages of the Website (deep links or "deep linking") or the Client Platform is strictly prohibited, unless prior written authorisation is obtained from UNITAG, requested by email at team@unitag.io
UNITAG is free to refuse this authorisation without having to justify its decision in any way. If UNITAG grants its authorisation, it is in any case only temporary and may be withdrawn at any time, without any obligation of justification on UNITAG's part.
In all cases, any link must be removed upon simple request by UNITAG.
If authorisation is granted, the URL of the target page must be clearly indicated. The user's site must not make the Website appear as its own, misrepresent the content of the target site, or fail to clearly indicate that the user is being directed to the Website. The pages of the Website must not be embedded within the pages of another site, but may be displayed in a new window.
No "mirroring" of the Website, i.e. making it available at another URL, is permitted.
UNITAG may automatically collect standard information through the Website or the Client Platform.
All indirectly collected information will only be used to monitor the volume, type and configuration of traffic using the Website or the Client Platform, to develop its design and layout and for other administrative and planning purposes, and more generally to improve the Services offered by UNITAG.
These GTU express the entire agreement between Users and UNITAG relating to the use of the Website, the Client Platform and the Free Services. Any other document, including any notice on the Website and/or the Client Platform, has only informational value.
UNITAG reserves the right to modify these GTU in order to adapt to its activities and comply with applicable regulations. Any modification to these GTU will be published on the Website and the Client Platform with a note of the update date, without prior notice.
Upon the first opening of a page of the Website or first login to the Client Platform following the modification of the GTU, the User will be required to accept the new version of the GTU via a checkbox. The prevailing version is the one accessible online.
If the User does not accept the GTU or subsequent modifications, access to their Account on the Client Platform and the Website may be blocked.
These GTU are governed by French law (the "Applicable Law").
UNITAG and its Users undertake, in the event of difficulties in the performance of the GTU and prior to any legal proceedings, to seek an amicable settlement of their dispute.
To this end, the Party wishing to initiate this amicable settlement procedure must notify the other Party by registered letter with acknowledgement of receipt, specifying the difficulties encountered in implementation or the breaches observed. This letter constitutes formal notice to remedy the identified breaches.
The other Party will then have fifteen (15) calendar days to communicate its interpretation of events, its own amicable proposal for settling the dispute, or its refusal of an amicable settlement.
The Party that initiated the amicable settlement will then in turn have fifteen (15) calendar days to communicate its response.
However, if within thirty (30) calendar days following this response the Parties have not reached an amicable agreement, each of them will regain full freedom of action and the right to refer the matter to the competent courts under ordinary law conditions.
In accordance with Articles L. 611-1 et seq. of the French Consumer Code, any consumer has the right to have free recourse to a consumer mediator for the amicable resolution of a dispute, following a written complaint by post or registered letter to UNITAG stating the dispute, provided that the request is not manifestly unfounded or abusive.
The request to the mediator must be submitted within one (1) year of the written complaint to UNITAG.
In the event of a cross-border dispute, the consumer may use the European online dispute resolution platform: https://consumer-redress.ec.europa.eu/.
In the event that one or more clauses of the GTU are declared null and void by a court decision or prove impossible to implement, the validity of the other provisions will not be affected.
The headings and subheadings in these GTU are included for convenience only and may not in any circumstances be used to interpret any provision of the GTU.
The fact that UNITAG does not invoke the application of any provision of the GTU or tolerates its non-performance, whether temporarily or permanently, may not under any circumstances be interpreted as a waiver by UNITAG of the rights it holds under these terms. The fact that UNITAG tolerates non-performance or imperfect performance of the GTU, or more generally tolerates any act, omission or failure by the User that does not comply with the provisions of the GTU, shall not confer any right on the User who benefits from such tolerance.
Users acknowledge that the GTU cannot have the effect of creating, between them and UNITAG, a company or association of any form.