Terms of Service

Last modified: October 6, 2022

Fernand SAS, a company organized under the laws of France (hereafter, “Fernand”, “Getfernand.com”, “we”, “our” and/or “us”) is a technology company that provides an online software-as-a-service (SaaS) platform (the “Service”) containing instruction, tools, applications and other materials designed to assist individuals and companies throughout the world in managing conversations with their customers.  Fernand markets and promotes the Service under the trademarks and trade names “Fernand” and “Getfernand.com”. We will provide you (“you” or “User”) with use of the Service, including a browser interface and data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Getfernand.com website at https://getfernand.com incorporated by reference herein, including but not limited to our privacy policy. For reference, a Definitions section is included at the end of this Agreement.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

We may revise the Terms from time to time. If a revision is material, as determined solely by us, we will notify you (for example via email to the email address associated with your account). The most current version will always be posted on our Terms page. By continuing to use Height after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Fernand.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

THE SERVICE IS INTENDED TO BE USED FOR LEGAL ACTIVITIES ONLY.  PLEASE READ SECTION 3A OF THESE TERMS AND CONDITIONS CAREFULLY ABOUT YOUR LIABILITY IN THE EVENT YOU USE THE SERVICE, OR CAUSE IT TO BE USED, IN VIOLATION OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.

Privacy and security disclosure

Our Privacy Policy, which may be viewed at https://getfernand.com/privacy, describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any payment account information you may provide to us either for purposes of creating an Account, submitting an inquiry or to receive further information, updates and promotions about or related to the Service.  

It is your responsibility to comply with all applicable privacy and data protection laws and to ensure that you have provided all required notices and obtained all necessary consents from your Users and clients (including with respect to third parties’ access), and that your clients have agreed to the collection of their Customer Data and the access of their Customer Data by you, by us, and, where applicable, other third parties. Any sample documentation that is provided by Getfernand.com for obtaining consent is for illustration only, and you alone (and not Getfernand.com) are responsible to ensure that such documentation is adequate and enforceable to obtain requisite consent (including with respect to clients who are under 18 years of age, consent from their parents or legal guardians). In the event that we receive a subpoena or other legal or court order compelling the disclosure of any of your clients’ Customer Data or any of your data, unless ordered to not do so by a court of competent jurisdiction, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law, we will notify you of the subpoena or other legal or court order prior to disclosing the Customer Data or other data. We will make commercially reasonable efforts to maintain the Service in a manner that includes appropriate administrative, technical, and physical security measures designed to protect the confidentiality, availability, and integrity of Customer Data that is in our possession, as required by applicable law.

Getfernand.com reserves the right to modify its privacy policy in its reasonable discretion from time to time.  Note that because the Service is a hosted, online application, Getfernand.com occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.

License Grant & Restrictions

Getfernand.com hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement.  All rights not expressly granted to you are reserved by Getfernand.com and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

You may use the Service only for your internal business purposes and shall not:  (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

Your Responsibilities, Prohibited Conduct and Content

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, European Union and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.  You shall: (i) notify Getfernand.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Getfernand.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Getfernand.com user or provide false identity information to gain access to or use the Service.  

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Service. Without limiting the foregoing, you will not:

In addition, although we have no obligation to screen, edit or monitor Customer Data, we may delete or remove or suspend the use of Customer Data at any time and for any reason.

By accessing or using the Service, you consent to the processing, transfer, and storage of information about you and your Users in and to the United States and other countries outside the European Union, where you may not have the same rights and protections as you do under local law.

Account information and Data

Getfernand.com does not own any data, information, or material that you submit to the Service in the course of using the Service (“Customer Data”).  You, not Getfernand.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Getfernand.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Getfernand.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination.  Getfernand.com reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Getfernand.com shall have no obligation to maintain or forward any Customer Data.

Intellectual Property Ownership

Getfernand.com alone (and its licensors, where applicable) shall own all rights, titles, and interests, including all related Intellectual Property Rights to Getfernand.com’s Technology, Content, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, Getfernand.com’s Technology, or the Intellectual Property Rights owned by Getfernand.com. The “Fernand” name, the Getfernand.com logo, and the product names associated with the Service are trademarks of Fernand or third parties, and no right or license is granted to use them. 

Third-Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. Getfernand.com and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. Getfernand.com does not endorse any sites on the Internet that are linked through the Service. Getfernand.com provides these links to you only as a matter of convenience, and in no event shall Getfernand.com or its licensors be responsible for any content, products, or other materials on or available from such sites.  Getfernand.com provides the Service to you pursuant to the terms and conditions of this Agreement.  You recognize, however, that certain third-party providers of ancillary software, hardware, or services may require your agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware, or services.  

Charges and Payment of Fees

The Getfernand.com service is a Software-as-a-Service application that is offered in both free and paid versions.  The free version offers only some of the features and benefits of the Getfernand.com service; by subscribing to the free version you agree to be bound by all provisions of these Terms of Service except those relating to payment and billing.  To obtain the full benefit of the Getfernand.com service, you must subscribe to the paid version of the Getfernand.com application, which is offered as either a monthly or an annual subscription. If you choose a monthly account for the Service, subscription fees will be paid monthly in advance on the first day of each calendar month by charging your PayPal® or Stripe® account.  If you choose an annual account for the Service, subscription fees will be paid annually in advance on the anniversary of your account opening date by charging your PayPal® or Stripe® account. If you no longer wish to subscribe to the Getfernand.com service, you must terminate your free or paid account in the manner provided in Section 10 below; any such termination will be effective on the next renewal date, and Getfernand.com will have no obligation to refund any fees previously paid by you.

You shall pay all fees or charges to your account in accordance with the Order Form which outlines fees, charges, and billing terms that are in effect at the time a fee or charge is due and payable.  You must provide Getfernand.com with valid PayPal® or Stripe® information as a condition for signing up for a paid account, including but not limited to all information necessary for Getfernand.com to debit your account automatically when payments are due.  Getfernand.com reserves the right to modify its fees and charges for future billing periods and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. 

Billing and Renewal

Getfernand.com charges and collects in advance for use of the paid version of the Service. Getfernand.com will automatically renew and bill your credit card via Stripe® or issue an invoice to you every month or year, depending upon the subscription you select.  Fee increases will be effective the billing period immediately following notice to you. Fees for other services will be charged on an as-quoted basis. Getfernand.com’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only European Union, national, state, and local taxes based solely on Fernand’s income.

You agree to provide Getfernand.com with complete and accurate Stripe® information, billing, and contact information, including but not limited to all information necessary for Getfernand.com to debit your account automatically when payments are due. This information includes your e-mail address. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Getfernand.com reserves the right to terminate your access to the Service in addition to any other legal remedies.  

Unless Getfernand.com in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the European Union will be billed in Euros and subject to European Union payment terms and pricing schemes; all other entities will be billed in U.S. dollars, Swiss francs or local currency and be subject to either European Union or non-European Union payment terms and pricing schemes at the discretion of Getfernand.com.

If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Non-Payment and Suspension

In addition to any other rights granted to Getfernand.com herein, Getfernand.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears), or if you initiate a chargeback or other dispute on PayPal® or Stripe® not authorized in advance by Getfernand.com. Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month (compounding) on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for subscriptions during any period of suspension. If you or Getfernand.com initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Getfernand.com may charge such unpaid fees to you or otherwise bill you for such unpaid fees.

Getfernand.com reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service.  You agree and acknowledge that Getfernand.com has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.

Term of Subscription; Termination upon Expiration/Reduction in Number of Subscriptions

This Agreement commences on the Effective Date in the Order Form, or the date of your registration to use the Service if earlier. Your credit card will be charged automatically on the first day of each calendar month (for monthly subscriptions) or on the anniversary of your account opening date (for annual subscriptions until you cancel your subscription on the Getfernand.com website, which must be done not later than the next renewal date (for monthly or annual subscriptions) to avoid further charges. In the event that this Agreement is terminated (other than by reason of your breach), Getfernand.com will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination.  You agree and acknowledge that Getfernand.com has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination, unless required to retain the Customer Data by applicable law. 

Termination for Cause

Any breach of your payment obligations or unauthorized use of Getfernand.com’s Technology or Service will be deemed a material breach of this Agreement.  Getfernand.com, in its sole discretion, may block and/or terminate your account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Getfernand.com may terminate a free account at any time at its sole discretion. You agree and acknowledge that Getfernand.com has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Intellectual Property Rights

Service Content, Software, and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of e-mail forwarding techniques and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Getfernand.com, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Getfernand.com, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Fernand.

The Getfernand.com name and logos are trademarks and service marks of Getfernand.com (collectively the “Getfernand.com Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Getfernand.com. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Getfernand.com Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Getfernand.com Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Getfernand.com be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Getfernand.com does not pre-screen items or content, but that Getfernand.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Getfernand.com and its designees shall have the right to remove any item or content that violates these Terms or is deemed by Getfernand.com, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, “User Content”). You will not post any content that you did not create or that you do not own all rights, titles, and interests in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Getfernand.com and it’s affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Getfernand.com, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Getfernand.com are non-confidential and Getfernand.com shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Getfernand.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Getfernand.com, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

Infringement Policy: Getfernand.com respects the intellectual property of others, and we ask our users to do the same. Getfernand.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the copyright laws of the European Union and its member states and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, Getfernand.com will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to Getfernand.com’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: [email protected] (Subject line: “Copyright Infringement”). You may also contact us by mail at:

Fernand SAS
128 rue la Boétie
75008 Paris, France

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.  Getfernand.com represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Getfernand.com help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your contact information is correct.

Indemnification

You shall indemnify and hold Getfernand.com, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement,  provided in any such case that Getfernand.com(a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Getfernand.com of all liability and such settlement does not affect Getfernand.com’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

Disclaimer of Warranties

GETFERNAND.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. GETFERNAND.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GETFERNAND.COM AND ITS LICENSORS.

Internet Delays

Getfernand.com’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  GETFERNAND.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.  

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Additional Rights

Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you. 

Disclaimer of Warranties as to Use Outside of the European Union

Getfernand.com is a service based in France. We make no representation that any aspect of the Service is appropriate or available for use outside of the European Union or may be used for persons who are not citizens of the European Union or residents of other countries. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Service is subject to applicable export laws and restrictions.

Releases

You agree not to hold Getfernand.com liable for the Content, actions, or inactions of you or other Users of the Service or of other third parties. As a condition of access to the Service, you release Getfernand.com (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not Getfernand.com becomes involved in any resolution or the attempted resolution of the dispute. If you are a resident of the State of California, U.S.A., you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Notices

Getfernand.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Getfernand.com’s account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice to Getfernand.com (such notice shall be deemed given when received by Getfernand.com) at any time by any of the following: through the website at https://Getfernand.com; by electronic mail to [email protected]; or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Getfernand.com at the following address: Fernand SAS, 128 rue la Boétie, 75008 PARIS, France, in either case, addressed to the attention of: Managing Director. 

Modification to Terms

Getfernand.com reserves the right to modify the terms and conditions of these Terms of Services or its policies relating to the Service at any time, effective upon posting of an updated version of these Terms of Service on the Service and notification to you as provided in Section 20.  Continued use of the Service after any such changes shall constitute your consent to such changes.  

Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of Getfernand.com but may be assigned without your consent by Getfernand.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.  Any actual or proposed change in control of you that results or would result in a direct competitor of Getfernand.com directly or indirectly owning or controlling 50% or more of you shall entitle Getfernand.com to terminate this Agreement for cause immediately upon written notice.

Dispute Resolution

In the event of a Dispute between you and Getfernand.com (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the International Chamber of Commerce. The place of the arbitration shall be in Paris, France. In the event that there is any Dispute between you and Getfernand.com that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of France located in Paris. You agree that this Agreement and the relationship between you and Getfernand.com shall be governed by the laws of France without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Note to Users Outside the European Union and Switzerland

If you reside in a country other than the European Union or Switzerland, you represent and warrant that you engage in using the Service, its software, tools and applications will not violate any applicable law, rule or regulation in your home country, or the professional rules of any association or body in your home country with which you are affiliated, and that your use of the Getfernand.com service will not breach or violate any of same.  You indemnify Fernand SAS, its shareholders, directors, members, employees and agents, from and against any loss, claim, damage, liability, cost or expense which any of them may incur arising from or in connection with your knowing or unknowing violation of the foregoing representation and warranty.  Fernand SAS reserves the right to terminate your subscription without notice, among other things, in the event it learns or suspects that your use of the Service violates any applicable law, rule or regulation in any country in which Getfernand.com’s users reside or work.

General

This Agreement shall be governed by the laws of France and controlling federal law of the European Union, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction and venue of the courts of France located in Paris. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Getfernand.com as a result of this agreement or use of the Service. The failure of Getfernand.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Getfernand.com in writing. This Agreement, together with any applicable Order Form and policies, comprises the entire agreement between you and Getfernand.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Definitions

As used in this Agreement and in any Order or Forms now or hereafter associated herewith: 

“Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the Online Web Site, and any materials available on the Getfernand.com website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Getfernand.com from time to time in its sole discretion; 

“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; 

“Customer Data” means any data, User Content, information or material provided or submitted by you to the Service in the course of using the Service; 

“Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the Order Form or the date you begin using the Service; 

“Free Trial Period” means a period of fourteen (14) days beginning on the Effective Date, during which you will not be charged for the Service.

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; 

“Order Form(s)” means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail);  

“Fernand”, “Getfernand.com,” “we”, “our” and/or “us” means Fernand SAS, a company organized and existing under the laws of France having an address at 128 rue la Boétie, 75008 Paris, France.

“Getfernand.com” means the software application Fernand makes available for subscription on its website at https://Getfernand.com; 

“Getfernand.com’s Technology” means all of our proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) made available to you by Getfernand.com in providing the Service; 

“Service(s)” means the specific modules of Getfernand.com’s online subscription-based tools and services identified during the ordering process, developed, operated, and maintained by Getfernand.com, accessible via https://Getfernand.com or another designated website or IP address, or ancillary online or offline products and services provided to you by Getfernand.com, to which you are being granted access under this Agreement, including Getfernand.com’s Technology and the Content; 

“User(s)” means you and your employees, representatives, consultants, contractors, or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Getfernand.com at your request).

Questions and Suggestions

If you have questions or suggestions, please contact us at:

Fernand SAS
128 rue la Boétie
75008 Paris, France

E-Mail:  [email protected]