General conditions of use

‍The SaaS platform entitled “RemyAI”, the website available at the following address https://remyai.app, and the “RemyAI” application on which the platform will be available are the property of the company NOMAD TECHNOLOGIES FRANCE, a single-member simplified joint stock company, registered in the Paris Trade and Companies Register under number 889 928 214, whose head office social is located 122, rue Amelot – 75011 Paris (hereinafter “Nomad”).

‍ARTICLE 1. DEFINITIONS

‍The following terms have, when used in these T&Cs, the following meaning, it being specified that the definition given for a term applies, whether this term is used in the singular or in the plural:

“Application”: designates the application called “RemyAI” available on the Apple Store and Google Play and from which Users can access the Services using the Platform. The Application includes the infrastructure as well as the content, in particular texts, sounds, still or animated images, videos and databases.

“CGU”: designates the general conditions of use of the Services defining the conditions and terms of access and use of Nomad’s Services;

“User Account” designates the User’s personalized space allowing them to access the Services available via the Platform;

“Platform” refers to the SaaS platform operated by Nomad and which notably includes all IT components (in particular software and IT developments, including programs in source and object code, preparatory design work, specifications and preliminary studies , documentation relating to use), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content, in particular texts, sounds, still or animated images, videos and databases , on the Site, and the Application;

“Privacy Policy” means the document which defines the way in which Nomad collects, uses, stores and transfers Users' personal data;

“Services” means all the services offered to Users via the Platform and described in Article 6 of the T&Cs and in particular the functionality of recording, recording, transcription of conversations and suggestions for commercial actions to be carried out, including the The User benefits from a dedicated telephone number assigned once registration on the Platform is completed;

“Site”: designates the Nomad website, accessible at the following address: https://remyai.app, and which includes the Platform, as well as in particular all IT components (in particular software and IT developments and Web pages, including programs in source and object code, preparatory design work, specifications and preliminary studies , the documentation relating to the use and operation of the website), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content, in particular texts, sounds, still images or animated, videos and databases;

“User” means the real estate professional client of Nomad, using the Platform and benefiting from the Services in a professional capacity.


ARTICLE 2. PURPOSE

‍2.1 The purpose of these T&Cs is to set the rules for the use of the Services offered on the Platform by Nomad to Users.

2.2 The T&Cs are systematically brought to the attention of Users to enable them to create a User Account. They apply exclusively to all requests for the creation of a User Account accepted by Nomad and take precedence over all other conditions, with the exception of those which have been expressly accepted by Nomad. Consequently, all other conditions are binding on Nomad only after written confirmation from it.

IMPORTANT: NOTE TO USERS

ANY USE OF THE SERVICES FROM THE PLATFORM AND/OR THE APPLICATION IMPLIES PRIOR, FULL AND COMPLETE ACCEPTANCE BY THE USER OF THE T&CS, BY SIGNING THE COPY OF THE T&CS SENT BY NOMAD BY EMAIL TO THE USER.


‍ARTICLE 3. PREREQUISITES FOR SERVICES

3.1 To be able to benefit from the Services from the Platform and/or the Application, it is necessary that the User:

- can, if necessary, present to Nomad his transaction card or the one he uses;

- has a computer, smartphone and/or tablet, connected to an internet network;

- has a wifi or 3G/4G/5G cellular internet connection;- access the Platform via internet browser (without prior downloading) or mobile application (available on the Apple Store and Google Play Store);

- has created a User Account in accordance with the terms provided for in Article 4 of the General Terms and Conditions;

- is not a competitor of Nomad and/or does not use the Platform for the purposes of competing with Nomad, in a fraudulent manner and/or in such a way as to harm the interests of Nomad.

3.2 Nomad cannot be held responsible in the event of use of the Services by people who do not meet the conditions provided for in article 3.1. of the T&Cs.


ARTICLE 4. CREATION OF THE USER ACCOUNT

‍4.1 Access to the Platform Services through the Site or the Application requires the creation of a User Account by a User. To this end, Nomad will send an email containing an invitation to the User to allow them to use the Platform.

4.2 Thus, Nomad creates for the User their dedicated User Account on “RemyAI”, using their professional email, and invites them to join this account by sending them an invitation to this email address. The User must accept this invitation and finalize their registration to access their User Account.

4.3 The User who has completed the registration process is then defined as administrator of this User Account. After finalizing the creation of their account, the User can download the mobile application and can use “RemyAI”, either from their internet browser or from their mobile application.

4.4 The Administrator User can then invite collaborators - in order to join them on the Platform - if they wish, by sending them invitations to their own professional email addresses.

4.5 Nomad reminds Users that they are responsible for the email box linked to the address provided, storage, free space and its operation.

4.6 Nomad reserves the right to verify the conformity of the information and documents transmitted by the User to allow the validation of a User Account and access to the Services.

4.7 Each User guarantees that the data and documents communicated are sincere, accurate and consistent with reality, and are not tainted by any misleading character. He undertakes to provide a valid email address and telephone number and ensures that he is the sole holder of these. The User undertakes to provide true, accurate, up-to-date and complete information about their identity.

4.8 The User also undertakes not to transmit information which could infringe the rights of third parties and/or good morals. The User also undertakes not to transmit information which could infringe the rights of third parties (in particular use of the surname, pseudonym, a trademark registered by a third party, or works protected by copyright law). intellectual property).

4.9 It is up to the User to communicate any change relating to their personal information.

4.10 In the event that the User provides false, inaccurate, erroneous, outdated, incomplete, misleading or misleading information, Nomad reserves the right to refuse any creation of a User Account and even any access to the Platform. and/or User Services that do not comply with the conditions set out above.

4.11 Furthermore, Nomad cannot be held liable under any circumstances in such a case.

4.12 From their User Account, the Customer will have the possibility of creating sub-accounts and will be able to assign a specific role to each sub-account. This is the case of the User who invites another user.


‍ARTICLE 5.  IDENTIFICATION

5.1 The User Account of each User is protected by identification elements, a username and a password, which are placed under the exclusive responsibility of the User.

5.2 The User can access their User Account at any time using their username and password via the “Connection” tab of the Platform.

5.3 If a User has lost or forgotten their password, the User has the option of requesting a new password through the Platform by going to the “Connection” tab and clicking on the “Password” tab. forget ? ". Nomad then sends him an email inviting him to reset his password.

5.4 The User’s password is personal and confidential. He undertakes to ensure the confidentiality of his password. He assumes sole responsibility for all connections made using his identifiers and password. The User remains solely responsible for the use that may be made of his User Account by a third party who has accessed the Services with his identification details.

5.5 The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the elements of the identifier is lost or stolen, the latter must immediately inform Nomad who will then cancel and/or update the identifier concerned.5.6 Safeguarding the confidentiality of the password entrusted to the User is the entire responsibility of the latter.

5.7 In the event of suspicion of fraudulent use of their Account by the User, the latter must notify Nomad as soon as possible at the following address support@remyai.app so that it can take all measures to remedy it.  

5.8 Nomad cannot be held responsible for usurpation and/or fraudulent use of an Account in the event of unauthorized, fraudulent or abusive use or due to voluntary or involuntary disclosure by the User to a third party. of its identification elements.
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ARTICLE 6. PRESENTATION OF SERVICES AVAILABLE VIA THE PLATFORM

6.1 By connecting to the Platform and following the creation of their User Account, the User can access the information associated with their User Account.

6.2 The User accesses, or will access in the future, via his User Account the following Services, this list not being exhaustive:

- the “Chats” section allows the User to communicate with their contacts centrally by email, WhatsApp and/or SMS;

- the “Contacts” section allows the User to consult the contact details of their purchasing customer contacts;

- the “Properties” section allows the User to manage the real estate properties available and put up for sale on behalf of their clients, namely either by adding data relating to the real estate properties, or by taking them offline;

- finally, the “Calls” section allows the User to consult the transcriptions of their telephone conversations, the Platform ensuring the drafting of summaries of conversations and suggesting proposals for commercial actions to be carried out. Furthermore, through this functionality, the “RemyAI” Platform can receive and send SMS messages.


ARTICLE 7. TERMINATION / SUSPENSION

7.1 The subscription to the Services can be canceled by the User directly on the Site and/or the Platform and/or the Application, from their User Account.

7.2 Termination will then take effect automatically and immediately. The termination of the Services will be immediate and the User will be informed by email of said termination.

7.3 Nomad reserves the right to terminate and/or suspend the Subscription to the Services automatically and without notice in the event of:- non-payment or late payment of more than thirty (30) working days;- use of the Site and/or the Platform and/or the Application and Services by the User that does not comply with the T&Cs;and this, without Nomad being held liable and/or the User being able to claim any compensation.

7.4 If applicable, termination and/or suspension will be notified to the User by email and payments to be made until the end of the subscription will be due and paid monthly.

7.5 In the event of termination of the subscription due to the User's fault before the end of the current contractual period, the balance of the sums owed by the Customer to Nomad until the end of the subscription will become immediately due.


ARTICLE 8. DEACTIVATION OF THE ACCOUNT / PROHIBITION OF ACCESS TO THE ACCOUNT

8.1 The User's Account remains active as long as it is registered on the Platform. He retains the ability to disconnect directly from his User Account.

8.2 The User Account may be deleted by the User by request made to Nomad from their User Account. To do this, the User must send a message by email to the address support@remyai.app requesting the deactivation of their User Account. A copy of an identity document may be requested in order to avoid any risk of identity theft.

8.3 In such cases, Nomad only retains personal data for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements.

8.4 To determine the appropriate retention period for personal data, Nomad takes into account the quantity, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of the personal data, the purposes for which Nomad processes personal data and whether Nomad can achieve these purposes through other means and/or applicable legal requirements.

8.5 Accordingly, in certain circumstances, Nomad may anonymize personal data (so that it can no longer be associated with the User) for research or statistical purposes, in which case Nomad reserves the right to use this information indefinitely without further notice and in particular the data necessary to justify Nomad's decision to suspend the User Account of said User - in accordance with Nomad's confidentiality policy accessible on the Site and the Application.

8.6 Deleting a User Account does not prevent Users from re-registering and creating a User Account again. However, Nomad reserves the right to refuse re-registration and the creation of a new User Account with a new email, particularly if a dispute with the User exists.

8.7 Furthermore, Users can access their data until the effective deletion of their User Account.


ARTICLE 9 RESPONSIBILITY

9.1 Nomad puts in place the means and measures necessary for the smooth running and maintenance of the continuity and quality of the Services and the User acknowledges that Nomad's role is limited to that of a simple intermediary and technical service provider.

9.2 It is agreed between the Users and Nomad that the latter cannot under any circumstances be held responsible for repairing any indirect damage suffered by the Users during the use of the Services.

9.3 In addition, Nomad cannot be held liable for acts (i) resulting from an act or negligence of the User and/or (ii) which do not comply with applicable regulations and/ or to the CGU.

9.4 Nomad declines all liability in the event of a dispute, whatever the cause, between a User and a third party and/or between Users, not attributable to Nomad.


ARTICLE 10. ACCESS AND AVAILABILITY OF THE SITE AND PLATFORM

10.1 The Site and/or the Platform are accessible seven (7) days a week (7) and twenty-four (24) hours a day (24).

10.2 However, access to the Site and/or the Platform and Application is via the internet. Nomad does not guarantee operation and access to the Site and/or the Platform, 7 (seven) days a week (seven) and twenty-four (24) hours a day (24).

10.3 Nomad reserves the right to interrupt the operation of the Site and/or the Platform and/or the Application at any time, with or without notification, in particular for the purpose of ensuring corrective and evolving maintenance of the Site and/or the Platform, or to change its content or presentation and/or for any other legitimate reason.

10.4 As far as possible, Nomad will inform Users prior to a corrective or progressive maintenance operation.

10.5 Furthermore, Users acknowledge that the Site and/or the Platform and/or the Application may be interrupted for reasons beyond the control of Nomad and that Nomad cannot therefore guarantee continued access to the Site and/or the Platform .

10.6 Users are invited to inform Nomad of any technical problem they encounter during their navigation and/or use of the Site and/or the Web Platform and/or the Application by writing to the address following support@remyai.app and describing the problem encountered.


ARTICLE 11. PERSONAL DATA

‍11.1 In accordance with law n°78-17 of January 6, 1978 as amended relating to data processing, files and freedoms known as the “data processing and freedoms” law and Regulation (EU) 2016/679 relating to the protection of natural persons with regard to the processing of personal data and the free movement of these data (hereinafter, the “GDPR”), the User is informed that Nomad carries out automated 11.processing of their personal data for the purposes of operating the Site and the Platform, in compliance with the aforementioned legislation and regulations.

11.2 Nomad, in its capacity as subcontractor within the meaning of Article 28 of the GDPR, concludes with its Professional Users a data processing agreement defining the respective responsibilities of the parties concerning the processing of personal data of the contacts of the User.

11.3 In accordance with the legal provisions in force, each User has the rights of access, modification, rectification, limitation, portability and deletion of data concerning him, as well as a right of opposition to the processing of his data to personal character.

11.4 To exercise their rights, the User is invited to contact the support service by email at support@remyai.app

11.5 Please note that for rectifications and updates of data relating to their User Account, the User makes the necessary modifications and deletions directly on their own User Account via the functionalities provided for this purpose.

11.6 The legal basis for the processing of personal data by Nomad is based on the execution of the contract between Nomad and the Professional User, as well as compliance with the legal and regulatory obligations to which Nomad and the User are subject.

11.7 For more details, the User is invited to read Nomad's confidentiality and personal data processing policy on the site https://www.getremy.ai/privacy-policy-en.


ARTICLE 12. INTELLECTUAL PROPERTY

‍12.1 Certain elements (in particular logo and/or illustrations) appearing on the Platform and/or the Site and/or the Services are protected by laws relating to intellectual property and are the exclusive property of Nomad.

12.2 Likewise, the brands, logos, graphics and animations contained on the Platform and/or the Site and/or the Services are the exclusive intellectual property of Nomad.

12.3 It is agreed that the T&Cs cannot result in any transfer of Nomad's intellectual property rights.

12.4 Nomad grants, on a personal basis, to Users, the non-exclusive and non-transferable right to use the Platform and/or the Site and/or the Services and any associated software, it being specified that they are prohibited – directly or indirectly – to copy, modify, create a derivative work, reverse design or assembly or otherwise attempt to obtain the source code (except as provided by law), sell, assign, sub dismiss or transfer in any way whatsoever any rights relating to the Site, the Platform or the associated Services or software.

12.5 Users undertake not to modify in any way the Platform and/or the Site and/or the Services or the software relating thereto and/or not to use modified versions of these and in particular (without this enumeration or restrictive) with a view to obtaining unauthorized access to the Site and/or the Platform and/or the Services. In particular, Users agree not to access the Services by any means other than the Platform.

12.6 Users are informed and acknowledge that the Site, the Platform, the Services and any software used in connection may contain information that is confidential or protected by current intellectual property rights or any other law.

12.7 In the event of non-compliant or abusive use of intellectual property elements, Nomad reserves all legal remedies to stop the infringement of its intellectual property rights and to unsubscribe and/or deactivate the User Accounts of the Users concerned.

TEXT AND DATA MINING POLICY

Nomad opposes all harvesting and searching of texts and data within the meaning of article L. 122-5-3 of the intellectual property code.

This opposition covers the entire Site and the Content to which it provides access.

All harvesting and text and data mining operations aimed at the Site and its Content, including by automated data collection devices, therefore constitutes acts of counterfeiting unless specific, formally expressed agreement is obtained from Nomad.

Article R. 122-28 of the Intellectual Property Code specifies that the opposition mentioned in III of Article L. 122-5-3 may be expressed by any means, including by recourse to general conditions of The use of a website or a service, the absence of metadata associated with the Site, Site directories, Site Content has no impact on the exercise of the right of opposition expressed by these general conditions of use .

To facilitate the reading of this right of opposition by any automated data collection device, this opposition is also expressed as follows.


‍ARTICLE 13. FORCE MAJEURE

13.1 Expressly, those usually retained by the jurisprudence of French courts and tribunals are considered to be cases of force majeure or fortuitous events.  

13.2 Nomad cannot be held responsible if the non-performance or delay in the performance of any of its obligations, as described in the T&Cs, results from a case of force majeure as defined by the article 1218 of the Civil Code, including due to a health crisis. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.

13.3 However, if the event which gives rise to the case of force majeure (hereinafter "Event") continues for more than two (2) months, preventing Nomad from fulfilling its obligations, Nomad's obligations under the T&Cs will be suspended for the duration of the Event from the notification by Nomad to Users informing them of the impossibility of performing its obligations.

13.4 The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages.

13.5 In the event that the Event lasts more than one (1) year, on one occasion or on several occasions, definitively preventing Nomad from fulfilling its obligations, the Parties undertake to meet in order to determine the outcome. give to the Services and are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.


ARTICLE 14. MODIFICATIONS TO THE T&Cs

‍14.1 In order to comply with any legal, jurisprudential, editorial, functional and/or technical developments of the Site, the Platform and/or the Services, Nomad reserves the right to amend and/or modify, at any time, the CGU.

14.2 A change in the T&Cs does not in any way constitute grounds for deletion of the User Account.

14.3 The version of the T&Cs which prevails is the one which is accessible online on the day of validation of the User Account.

14.4 The creation of a User Account by the User after the publication of the revised T&Cs means that he unreservedly and expressly accepts these modifications.  

14.5 The T&Cs are updated regularly. Consequently, Users are invited to consult and accept them when Nomad modifies the T&Cs and notifies Users of such a change by email.


‍ARTICLE 15.  DIVERS

‍15.1 The language of interpretation of the T&Cs is French. In the event that it is translated into one or more languages, only the French text will be authentic in the event of a dispute (https://www.getremy.ai/terms-and-conditions-fr).

15.2 The T&Cs constitute the entire agreement between the User and Nomad regarding the Services.

15.3 The T&Cs govern all the conditions and terms of use of the Services, subject to particular or specific conditions governing certain Services, for which the User must give express consent, as well as the question of the processing of personal data. personnel as mentioned in article 10 of the T&Cs.

15.4 In the event of a contradiction between the T&Cs and other elements, rules or guidelines appearing on the Site, the T&Cs will prevail.

15.5 In general, if one or more stipulations of the T&Cs were held to be invalid or declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain all their effects. The User and Nomad then agree to replace this provision declared null and invalid by a clause which will be most relevant in terms of its content to the clause initially adopted, in order to maintain the contractual balance.

15.6 The same principles will apply in the event of incomplete provisions.  

15.7 No tolerance whatever its nature, extent, duration or frequency may be considered as creating any right, nor be interpreted as a waiver of any of the provisions of the T&Cs.

15.8 Any failure to exercise or delay in the exercise of a right or prerogative by Nomad or the User cannot be considered as a waiver to subsequently exercise this right or prerogative for the benefit of Nomad or the User. benefit of the User.

15.9 In the same way, the exercise of a single right or the partial exercise of a right or a prerogative does not exclude the subsequent exercise of other rights or prerogatives provided for in the T&Cs.

15.10 No waiver will be effective unless stipulated in writing. A waiver applies only to the party to whom the waiver is addressed and in the circumstances for which it is given. No waiver shall result from the success or failure of any other action.

15.11 Sections, paragraphs and other headings contribute to readability and indexing only, and cannot be used to interpret their meaning in favor of Nomad or the User.

15.12 The User must comply with applicable laws by respecting their obligations and exercising their rights in accordance with the T&Cs.


ARTICLE 16. LAWS AND DISPUTES

‍16.1 The T&Cs are subject to French law.

16.2 For any difficulty and/or question about the Services, the User is invited to contact Nomad at support@remyai.app

16.3 In the event of a disagreement between the User and Nomad, the injured Party must inform the other Party by means of a registered letter with acknowledgment of receipt. Upon receipt of this letter, and within fifteen (15) days, one of the Parties must propose an amicable solution to the dispute.

16.4 The Parties undertake to follow the amicable settlement procedure before going to court, this attempt at mediation being a condition of admissibility to any legal action.

16.5 IN THE EVENT OF FAILURE OF ANY ATTEMPT TO SEARCH FOR AN AMICABLE SOLUTION OR ABSENCE OF RESPONSE, ALL DISPUTES RELATING TO THE SITE AND THE PLATFORM, THE INTERPRETATION OR EXECUTION OF THE CGU OR THOSE WHICH WILL RESULT OR CONSEQUENCE WILL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF PARIS, EVEN IN THE EVENT OF A CALL FOR GUARANTEE OR OF PLURALITY OF DEFENDANTS.

‍ARTICLE 17. ENTRY INTO FORCE

‍The T&Cs come into force on November 13, 2024