The company ODAPTOS (the "Company") is a simplified joint-stock company listed on the Montpellier Trade and Companies Register under number 887 589 554 and having its registered office at 24 route des Lattes, 34470, Pérols.
The Company can be contacted under the following details:
The Company offers Internet users (the "Users") to interrupt their browsing on websites operated by various companies (the "Brands") in order to apply for a study carried out by them to try their products, services, tools and/or systems by integrating a panel of testers (the "Panel") and thus communicate their feedback on their usability.
If the User is selected by the Company to join a Panel, his feedback is materialised by interviews conducted by videoconference with the Brand (the "Interviews") as well as the delivery of a gift card.
(Together the “Services”).
The Services are in particular carried out through the Odaptos widget integrated on the Brand's website (the "Platform").
| Role of the Terms and Conditions | The terms and conditions (the "Terms and Conditions") constitute the sole document governing the contractual relationship of the Company with the User and define: : The terms of use of its Services; the respective obligations of the Parties. |
| Location of the Terms and Conditions | The User can find them by following a direct link at the bottom of the Platform. |
| Terms of Acceptance of the Terms and Conditions | The User accepts the Terms and Conditions by ticking a box on the registration form. If he does not accept all of the Terms and Conditions, he cannot access the Services. They may be supplemented by special terms and conditions, which, in the event of a contradiction, shall prevail over the Terms and Conditions. |
In order to access the Services, the User must be a natural person with full legal capacity and who is a private consumer, understood as any natural person who is acting for purposes that are outside his professional activity.
The User is invited to apply for a Brand study by clicking on the Odaptos widget integrated on the Brand's website.
In order to register, the User must:
(i) Have the following hardware or software: Fully functional computer, camera and microphone
(ii) Fill in the form provided for this purpose on the Platform and provide the Company with all the information marked as mandatory and in particular his surname, first name, email, age, sex, and information relating to his education and lifestyle habits.
Only one application per User (same name, same first name, same postal address) throughout the period of the study carried out by the Brand is allowed. It is in particular strictly forbidden for the same User to participate in the study with several email addresses.
The Company will then study the information provided by the User as part of his application to verify his eligibility to join a Panel. If the User is eligible, he may be selected by the Company to join a Panel and conduct a Paid Interview with the Brand. He will be notified of his eligibility by a notification sent by the Company through his Account.
However, the User expressly understands and accepts that the Company offers him no guarantee to integrate a Panel. The number of testers constituting a Panel is limited and the selection obeys strict rules relating to the targeting desired by the Brand.
Before any subscription, the User acknowledges that he can read on the Platform the characteristics of the Services and their constraints, in particular technical.
The User acknowledges that the implementation of the Services requires being connected to the Internet and that the quality of the Services depends on that connection, which the Company is not responsible for.
The Services to which the User has subscribed to are described on the Platform. The Company reserves the right to offer any other Service.
During the term of the Services, the User will benefit from corrective and scalable maintenance. In this context, access to the Platform may be limited or suspended.
Regarding corrective maintenance, the Company will endeavour to provide the User with any corrective maintenance to correct any malfunctions or bugs found on the Platform.
As regards scalable maintenance, the User will benefit during the term of the Services from scalable maintenance, which the Company will be able to carry out automatically and without prior information, and which includes improvements to the functionalities of the Platform, the addition of new functionalities and/or technical facilities used in the context of the Platform (aimed at introducing minor or major extensions).
Updates are made throughout the term hereof.
Access to the Platform may also be limited or suspended for planned maintenance, which may include the aforementioned corrective and scalable maintenance operations.
Pursuant to a duty of care, the Company hosts the Platform, as well as any data produced and/or entered by/on the Platform, on servers located in a territory of the European Union.
If the User encounters any difficulties when using the Services, he can contact the Company using the contact details referred to in the section “Identification of the Company”.
The technical support service is available from Monday to Friday, excluding non-working days or holidays, from 08.00 to 18.00. Based on the identified need, the Company will estimate the response time and keep the User informed.
The User subscribes to the Services for the period necessary for the performance of the Services.
In return for the performance of an Interview by the User, the Company will give him a gift card the unit value of which is left to the discretion of the Brand and indicated on its website.
The gift card will be sent by the Company within an indicative period of 7 calendar days by any means and in particular by email to the User. In case of mailing, the delivery costs will be borne by the User.
The Company cannot be held liable if the User (i) does not consult his messaging, and/or (ii) does not use the gift card before its deadline, and/or (iii) has transmitted erroneous information to the Company.
Gift cards may not be exchanged, refunded or paid in cash.
The connection Services are fully executed before the end of the withdrawal period, therefore the User does not have the possibility to exercise a right of withdrawal in the context of the Services.
The consumer has two years from the supply of the digital content or the digital service to obtain the implementation of the legal guarantee of conformity if a non-conformity occurs. During a period of one year from the date of supply, the consumer is only required to establish the existence of the non-conformity and not its date of occurrence.
The legal guarantee of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or the digital service.
The legal guarantee of conformity gives the consumer the right to bring the digital content or the digital service into conformity without undue delay according to his request, at no cost and without major inconvenience to him.
The consumer may obtain a price reduction by retaining the digital content or the digital service or may terminate the contract and be reimbursed in full against waiver of the digital content or the digital service, if: 1° The professional refuses to bring the digital content or the digital service into conformity, 2° The bringing into conformity of the digital content or the digital service is unjustifiably delayed, 3° The bringing into conformity of the digital content or the digital service may not take place without fees imposed on the consumer, 4° The bringing into conformity of the digital content or the digital service causes a major inconvenience for the consumer, 5° The non-conformity of the digital content or the digital service persists despite the professional's unsuccessful attempt to bring it into conformity.
The User is also entitled to a price reduction or the rescission of the contract when the non-conformity is so serious that it justifies the immediate price reduction or rescission of the Contract. The consumer is then not required to request the bringing into conformity of the digital content or digital service in advance.
In cases where the non-conformity is minor, the consumer is only entitled to the cancellation of the contract if the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of bringing it into conformity shall suspend the remaining guarantee until the digital content or digital service is supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
The professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee shall give rise to a price reduction if the digital content or digital service is maintained or to a full refund against waiver of the digital content or digital service.
The Platform is the property of the Company, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that it operates. They are protected by any intellectual property rights or rights of the database producers in force. The licence that the Company grants the User does not entail any transfer of ownership. The User benefits from a non-exclusive, personal and non-transferable SaaS licence to use the Platform for the period provided for in the section "Term of subscription to the Services".
By subscribing to the Services, the User acknowledges that the Interviews are conducted in video format. The User may also give testimonials concerning his use of the Services. Therefore, the User consents that the Company may:
As part of the Services provided by the Company to the Brand, the User authorises the Company to use the image as well as his name and voice captured in the Interviews free of charge in order to carry out behavioural analyses in particular through artificial intelligence as part of the study of the usability of the product, service and/or system thus tested.
The User undertakes to provide the Company with all information necessary for the subscription and use of the Services.
The User guarantees that the information sent in the application form is accurate and acknowledges that this information constitutes proof of his identity and commits him as soon as it is validated.
The User is responsible for his use of the Services and any information he shares in connection with them. He undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.
The User agrees not to divert the Services for purposes other than those for which they were designed, and in particular, not to:
The User shall also refrain from:
The Customer agrees not to distribute any Interview (this list is not exhaustive):
The Customer undertakes to distribute and exchange information solely intended to provide feedback on the usability of the product, service and/or system tested.
As such, the Customer acknowledges that he is subject to the confidentiality of the information exchanged with the Brand, and that he undertakes to comply with the confidentiality agreements that he may conclude with the Brand.
The User is responsible for any relationships he may have with other users of the Platform, in particular the Brands. He undertakes to act with caution and respect the usual rules of politeness and courtesy in his exchanges with other users.
The User is prohibited from contacting, by any means, other users of the Platform for the purpose of circumventing the Services and in particular of selling his products and/or offering his services outside the Platform. The Company may, where applicable, take any measures it deems necessary with regard to Users who do not comply with this provision.
As part of the connection through the Platform with other users, the User may be subject to tax and social obligations. The Company recommends that he read it.+
The User is responsible for all formalities and payments incumbent upon him in connection with the use of the Services.
The User will hold the Company harmless from any claim and/or action that may be brought against it as a result of a breach of any of the User's obligations. The User will compensate the Company for any harm suffered and reimburse it for any sums it may have to bear as a result.
The Company undertakes to provide the Services diligently, it being specified that it is bound by a duty of care.
To that end, it regularly carries out checks to verify that its Services are operational and accessible and can thus carry out planned maintenance under the conditions specified in the section "Maintenance".
However, the Company is not responsible for any temporary difficulties or impossibilities to access its Services that may arise from:
The Company is responsible for the operation of its servers, the outer limits of which are the connection points.
Furthermore, it does not guarantee that the Services: which are subject to constant research to improve their performance and progress, will be completely free from errors, malfunctions or defects. being standard and not proposed according to the User's personal constraints, will specifically meet his needs and expectations.
The Company is responsible for the operation of its servers, the outer limits of which are the connection points.
Furthermore, it does not guarantee that the Services:
The Company does not propose any Platform service level guarantee
The Company will however endeavour to ensure that the Platform is accessible 24 hours a day, 7 days a week, except in the case of planned maintenance under the conditions defined in the section "Maintenance" or force majeure.
The Company will endeavour to save any data produced and/or entered via/on the Platform.
Except in the case of proven errors on the Company's part, it is not responsible for any loss of data during maintenance operations.
The Company will provide sufficient storage capacity to operate the Services.
The Company will endeavour to ensure data security by implementing measures to protect infrastructure and the Platform, detect and prevent malicious acts and recover data.
The Company will act as a hosting provider for the Interviews conducted on the Platform. As a result, it is not responsible for such Interviews.
If the Company receives any notification regarding an unlawful Interview, it will act promptly to remove or prevent access to it, and it may take the steps described in the section “Sanctions in case of a breach".
The Company acts as a broker in the relationships between the User and the Brands.
The Company cannot therefore be held liable in the context of these relationships, nor can it be a party to any potential disputes whatsoever.
The Company does not guarantee any volume of business that the User could carry out through the use of the Services and in particular the performance of the Interviews.
The Company may use subcontractors in connection with the performance of the Services, which are subject to the same obligations as its own in connection with their intervention. It shall however remain solely responsible for the proper performance of the Services with regard to the User.
The Company may substitute any person which will be subrogated in all its rights and obligations under its contractual relationship with the User. If necessary, it will inform the User of this substitution by any written means.
The Company's liability is limited only to proven direct damage the User suffers as a result of using the Services.
Proof may be provided by any means.
The User is hereby informed that messages exchanged via the Platform as well as the data collected on the Platform and the Company's IT equipment are the main methods of proof accepted, in particular to demonstrate the reality of the Services performed and the calculation of their price.
The Users' personal data is processed by the Company in the name and on behalf of the Brands. In this respect, the Company acts as a processor within the meaning of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR").
For more information on the terms of processing carried out by the Brand, the User is invited to read the privacy policy or other information provided by the Brand.
Unless otherwise agreed in writing by the other party, the parties undertake to keep confidential, for the duration of their contractual relationship and for 3 years thereafter, any and all information relating to or held by the other party of which they have become aware in connection with the conclusion and performance of their contractual relationship.
In particular, the User undertakes to keep confidential all information transmitted by the Brand under the terms and conditions indicated in the confidentiality agreement that will be communicated by it.
This obligation does not extend to information:
Confidential information may be conveyed to the parties' respective employees, staff, interns, agents and co-contractors, provided that they are subject to the same confidentiality obligation.
The parties cannot be held liable for breaches or delays in the performance of their respective contractual obligations which are due to a force majeure event occurring during their relationship, as defined in article 1218 of the French Civil Code.
If either party is prevented from performing its/his obligations due to a force majeure event, it/he must inform the other party thereof by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable period of time upon cessation of the force majeure event.
The prevented party remain nevertheless bound to perform those obligations which are unaffected by a force majeure event and any payment obligations.
The following are essential obligations towards the User (the "Essential Obligations"):
-not to provide erroneous or incomplete information to the Company;
In the event of breach of any of these Essential Obligations, the Company may:
These sanctions shall be without prejudice to any damages the Company may claim from the User.
In the event of a breach of any obligation other than an Essential Obligation, the Company will ask the User by any written means to remedy the breach within a maximum period of 15 calendar days. Should the breach not be remedied, the Services will be terminated at the end of this period.
The Company may amend its Terms and Conditions at any time and will notify the User by any written means (including by email) at least 7 days before they enter into force. The amended Terms and Conditions shall be applicable upon their entry into force.
If the User does not accept these changes, he must unsubscribe from the Services in accordance with the terms set out in the section "End of the Services".
If the User uses the Services after the amended Terms and Conditions enter into force, the Company will deem the User to have accepted them.
In accordance with law n°2014-344 of 17 March 2014, the User is informed that as a consumer within the meaning of the French Consumer Code, he has the possibility to register for free on the BLOCTEL telephone canvassing objection list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom he does not have an ongoing contractual relationship.
In the event of a dispute between the User and the Company, the User may resort free of charge to the following consumer mediator to seek an amicable resolution:
Consumer Mediation Centre for Judicial Conciliators (Centre de médiation de la consommation de conciliateurs de justice or CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 01 89 47 00 14
If the User is a foreign consumer but located in the European Union, he can go to the European consumer law dispute resolution platform accessible here.
The Terms and Conditions are governed by French law.