Terms of use.

Preamble

Captain Cyber is a web-based platform, available at https://captaincyber.com and as a mobile application on the Apple App Store and Google Play (the 'Platform').

This Platform and its contents are published by Cyberbrief, SASU with a capital of 5,000 euros, having its registered office at 10 Rue de Penthièvre, 75008 Paris, France and registered in the Paris Trade and Companies Register under the identification number 839061165, (hereinafter "the Publisher"). Captain Cyber is accessible to users (the 'User' or 'Users').

Captain Cyber is hosted by SCALEWAY, SAS, whose headquarters are located at 8 rue de la Ville l'Evêque, 75008 Paris. This host can be contacted at this e-mail address: hostmaster@scaleway.com and by post at SCALEWAY SAS BP 438 75366 PARIS CEDEX.

The purpose of the present General Terms of Use (the 'Terms' or taken as a whole, the 'Contract') is to define the terms and conditions governing the relationship between Users and Cyberbrief. In the event of non-compliance with the terms of the present Conditions, Cyberbrief reserves the right to take any measure likely to preserve its interests and, in particular, to ensure their execution.

The User undertakes to comply with all of the present Terms and Conditions without any reservation on each of its visits to the Platform. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he/she is nevertheless personally bound by this Agreement.

Article 1: Purpose of the platform

The Platform allows the User to access the following services in particular: Cybersecurity news and training (the 'Service(s)') .

Cyberbrief, in accordance with these Terms, grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited and constitutes a breach of these Terms.

Article 2: Access to the platform

To be eligible for the Service, the User may be a natural or legal person.

Cyberbrief reserves the right to suspend or refuse access to the Platform to one or more Users.

Article 3: Management of the platform

The Publisher implements the necessary technical solutions to allow continuous access to the Platform for the User. However, it reserves the right to limit or suspend access to all or part of the Platform at any time, without notice. Such an interruption may be necessary for reasons of maintenance of the Platform or its content, or for any other reason deemed necessary for the proper functioning of the Platform by the Publisher.

The use of the Platform requires a connection and an Internet browser or an Android or Apple cell phone. The Platform is accessible at the following address: https://captaincyber.com. In order to ensure the proper functioning of the Platform, it is specified that the Website is optimized for :

• a screen resolution of 1280×768 pixels;
• the latest versions of Edge, Chrome, Firefox and Safari browsers.

The mobile application is optimized for the latest versions of Android and Apple devices.

All hardware and software required to access the Platform and use the Services remain the sole responsibility of the User.

Article 4: Reporting

The User has the possibility to contact the Publisher in order to report any illegal or obviously inappropriate behavior or content. Such a report can be made by email at hello@captaincyber.com

Article 5: Use of the platform's services

1.1 Obligations of the Users

Users shall refrain from:

1. transmitting, publishing, distributing, recording or destroying any material, in particular the contents of Captain Cyber, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information ;

2. distribute data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature, and in general any content that is contrary to the laws and regulations in force or to good morals;

3. refer to or create links to any content or information available on the Captain Cyber Sites and Platforms, except with the express, prior and written consent of Cyberbrief;

4. use information, content or any data present on the Platform in order to offer a service considered competitive to Captain Cyber.

5. Sell, exchange or monetize information, content or data present on the Platform or the Services offered by the Platform, without the express written consent of Cyberbrief;

6. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain the source code for any underlying intellectual property used to provide all or part of the Services;

7. use any manual or automated software or devices, robots or other means to access, crawl, extract or index any page of the Platform;

8. endanger or attempt to endanger the digital security of Captain Cyber. This includes attempts to monitor, scan or test system or network vulnerabilities or to breach security or authentication measures without express prior authorization;

9. Forge or use any of Cyberbrief's products, logos, trademarks or other intellectual property rights;

10. to simulate the appearance or functioning of the Platform, for example by using a mirror effect;

11. disrupt or disturb, directly or indirectly, Captain Cyber, or impose a disproportionate load on the infrastructure of the Platform, or attempt to transmit or activate computer viruses or other malicious codes via or on the Platform.

It is reminded that violations of system or network security may lead to civil and criminal prosecution. Cyberbrief shall verify the absence of such violations and may call upon the legal authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Platform in a fair manner, in accordance with its purpose and with the legal and regulatory provisions, the present Terms and Conditions and the practices in force.

1.2 Users' customer accounts (hereinafter referred to as "Customer Accounts")

The Publisher reserves certain services of Captain Cyber for users who have registered on the Platform, in particular for paying services. When registering, the user agrees to provide valid and sincere information. He agrees to provide the Editor with an email address so that the latter can send him information.

Any information communicated by e-mail from the Editor to the User will be deemed to have been read by the User.

Any user regularly registered on the Platform may request the deletion of his customer account, the Editor undertakes to delete the customer accounts for which he has received such a request.

The personal data of the customers are deleted after 6 months without the customer having connected.

Article 6: Intellectual property

The entire content of the Platform, in particular the designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, belongs to Cyberbrief, which is the sole owner of all related intellectual property rights.

Any representation and/or reproduction and/or exploitation of the contents and Services offered by Captain Cyber, by any means whatsoever, without the prior written authorization of Cyberbrief, is strictly forbidden and may result in legal proceedings.

Article7: Personal data

All personal data held by Cyberbrief are collected legally and fairly in accordance with the terms of the privacy policy accessible at this address: https://captaincyber.com/privacy/.

This data is provided by Users who voluntarily and expressly accept the present Terms and Conditions authorizing Cyberbrief to process, disclose or transfer such data to any third party in order to (i) enable the User to take full advantage of the Services and functions offered by the Platform, (ii) prevent any fraud and/or (iii) for statistical purposes.

In order to facilitate the use of the Platform and to personalize the User's experience of the Platform, Cyberbrief uses cookies and log files. The use of cookies can be deactivated by changing the settings of the Internet browser.

Personal data is stored by Cyberbrief for processing in connection with the use of the Services. It is kept for as long as is necessary for the provision of the Services and functions offered by the Platform.

The User always remains the owner of the information concerning him/her that he/she transmits to Cyberbrief. In accordance with the French law n° 78-17 of January 6, 1978, as consolidated on March 24, 2020, the User has the right to access, rectify and delete personal data concerning him/her, as well as the right to object to the communication of such data to third parties for just cause.

The User may exercise these rights by writing to the following e-mail address: hello@captaincyber.com

The User may also exercise his rights by writing to the following postal address Cyberbrief, 10 rue Penthièvre, 75008 Paris.

A reply to the User's request will be sent within 30 days.

Article 8: Responsibility

It is reminded that the data published by the Users and the information shared by the latter may be captured and exploited by other Users or third parties. In this sense, Cyberbrief does not guarantee the respect of the ownership of these data, it is the User's responsibility to take all necessary measures to preserve the ownership of his data.

Cyberbrief does not guarantee the uninterrupted or error-free operation of the Services; in particular, Cyberbrief shall not be liable for any interruption of access to the Platform due to maintenance, updates or technical improvements.

In any case, Cyberbrief shall not be liable for any indirect or unforeseeable loss or damage to the User or any third party, including but not limited to any loss of profit, unfortunate investment, inaccuracy or corruption of files or data, loss of image or business, loss of turnover or profit, loss of customers or loss of opportunity in any way and on any grounds whatsoever.

In addition, Cyberbrief shall not be liable for any delay or non-performance of this Agreement due to force majeure, as defined by the case law of the French courts.

Article 9: Agreement of proof

The computer systems and files shall be considered as proof in the relationship between Cyberbrief and the User.

Thus, Cyberbrief may validly produce in the framework of any procedure, for the purpose of proof, the data, files, programs, recordings or other elements, received, issued or kept by means of the computer systems used, on any digital or analogical support, and take advantage of it, except for an obvious error.

Article 10: Indivisibility

The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the other provisions of the Contract.

Article 11: Settlement of disputes

The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the country of origin of the User or the country from which the User accesses Captain Cyber and notwithstanding the principles of conflict of laws.

In the event that a dispute concerning the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly granted, even in the case of summary proceedings or multiple defendants.

The User is informed that he can in any case resort to a conventional mediation or to any alternative method of dispute resolution (conciliation for example) in case of dispute.

Article 12: Duration of the general conditions of use

The present general conditions of use are concluded for an indefinite period of time, the User is bound to respect them from the beginning of his use of the Services.

The Publisher reserves the right to modify this document at any time and without notice. The users will be informed of each update of the document.