Terms and Conditions

DEFINITIONS

"Subscription": refers to any Service Order that allows the Client to access one or more Service(s) for a specified period, under the conditions and limits defined in the Subscription offer.

"API": refers to API (Application Programming Interface): a programming interface that enables distinct software or services to communicate with each other.

"Databases": refers to the Databases of which CONITIV is the producer or for which it holds an operating license.

"Order Forms": specifies the details of the Services covered by the Order.

"Client": refers to any professional (natural or legal person) placing an Order or subscribing to free or paid Service(s) from CONITIV.

"Identification Key": or "API key" (Application Programming Interface key) is the unique character string provided to the Client to authenticate and authorize requests sent to the CONITIV API.

"Account": Information accessible after identification, allowing a Client who has registered during the creation of this Account to individually access the services and features offered by CONITIV.

"Order(s)": refers to any subscription to one or more Service(s) placed by a Client.

"Specific Conditions": refers to the specific conditions applicable to each Service, supplementing the T&C with terms to be accepted online or included in an order form.

"Data" or "Information": refers to all data, whether raw, qualified or contextualized, of any nature, published on the Website, communicated or made available to the Client by CONITIV as part of the provision of a Service, in particular those extracted from CONITIV's Databases.

"Administration Area": Refers to the area where the Client accesses the settings and information of their Account using their login credentials and password.

"Specific Offers": refers to the various Services that are and will be offered by CONITIV and that are described on the Website or in commercial offers.

"Privacy Policy": refers to the document that explains how CONITIV processes the personal data of its Clients and informs them of their rights.

"Services": refers to the Services offered by CONITIV, whether free or paid.

"Website": refers to the websites published by CONITIV on which Clients can view Data and Information and use CONITIV's Services.

"T&C": refers to these Terms and Conditions.

PURPOSE OF THE SERVICE

CONITIV provides Services that enable access to Databases covering the vast majority of French companies. CONITIV has developed and enriched these Databases by qualifying the Data collected or obtained through licenses and by contextualizing them with information produced using original algorithms and artificial intelligence. These Services are offered to CONITIV's Clients through online display, API, file export or enrichment, sending, downloading or notification delivery. Access to this Data may be free or paid, depending on the Services subscribed to.

NATURE OF THE SERVICE

CONITIV bases its services on original tools that it has created and developed:

The Conitiv Portfolio: This is a feature that allows users to create lists of third parties, visualize them through data visualization, and place them under monitoring.
Conitiv.impact.rating: CONITIV has developed an original and innovative algorithm that rates the responsible behavior of organizations across four pillars: Environmental, Social, Societal and Governance. This rating can be calculated in 3 different ways: Algorithmic Rating (Class C), Solicited Rating (Class B) or Audited Rating (Class A).
Conitiv.Cyber.Rating illustrates organizations' posture regarding cyber risk. It is a rating system that enables the assessment and management of the cyber performance of organizations and their ecosystem. It relies on a non-intrusive analysis of organizations' entry points through dashboards and provides recommendations to address information system vulnerabilities.
Chat.conitiv: An option that allows users to ask questions about the companies whose profiles are being viewed or to use pre-formatted questions organized by topic for this purpose.
CONITIV Compliance Questionnaires: These provide CONITIV's algorithms with the additional information required for their operation. These are original questionnaires designed and developed by CONITIV. They constitute original works within the meaning of the provisions of the Intellectual Property Code, in particular Articles L.111-1 and following, and as such benefit from full protection. Any consultation or access to these questionnaires is strictly reserved for their intended use, within the contractually defined framework. Consequently, it is strictly prohibited, without prior written authorization from CONITIV, to reproduce, copy, modify, adapt, distribute, sell, publish or reuse all or part of these questionnaires, in any form or medium whatsoever, and for any purpose whatsoever, including for internal, commercial or educational purposes. Any unauthorized use constitutes an act of infringement and may also constitute an act of unfair or parasitic competition, engaging the civil and, where applicable, criminal liability of its author. In this regard, CONITIV conducts monitoring activities to detect any reproduction of its questionnaires and to pursue legal action.

SUBSCRIPTIONS

CONITIV primarily offers its Services through paid Subscriptions:

– CONITIV subscriptions provide access to legal and financial Data, ESG reports and Cybersecurity reports of organizations whenever the Information on the organization is available to calculate and display them. These subscriptions may be supplemented with options; the details of subscriptions and options may be specified in the Order Forms.

These subscriptions may be of various types. When they are specified as "unlimited", this refers to unlimited human use that is reasonable and consistent with the Client's profile and nature (company size, business sector). This means that even unlimited access remains subject to the following conditions:

The User commits to reasonable use, excluding in particular:

any automation through scripts, bots or similar processes for the purpose of mass extraction or generation of content;
the resale, redistribution or provision of access to the Service and its data to third parties;
the use of the Service to feed third-party products or services not explicitly authorized;
the circumvention of technical or contractual limitations for industrial or commercial exploitation purposes not provided for in the Contract.

– The Zen Subscription. This is an unlimited consultation subscription. Its price and volume are adapted to the size of the subscribing company.

– The Per Third-Party Subscription. The client chooses the number of organizations (third parties) they wish to consult during their subscription. Each time a third party is consulted, the purchased quota is decremented and the analysis of that third party remains accessible for the entire duration of the subscription.

– My ESG Rating: This is a Subscription that allows organizations to view, improve and manage their ESG rating by providing them with one of CONITIV's questionnaires to correct and improve this rating, thereby declaring more personal and relevant Information. This declarative data allows the algorithms to recalculate under conditions closer to reality. Organizations that have completed the questionnaire have the opportunity to display the "Conitiv impact transparent company" badge, which demonstrates companies' commitment to sustainable development. This is the SOLICITED RATING / Class B.

Organizations may also request CONITIV to conduct a substantive audit of the organization to provide the rating and the company's declarations: This is the AUDITED RATING: Class A.

BINDING FORCE OF THE T&C

The purpose of these Terms and Conditions (T&C), in addition to any specific terms stipulated upon accessing the service or in order documents (Specific Conditions) and the Privacy Policy, is to govern the contractual relationship for CONITIV's Services with its Clients.

By accepting these Terms and Conditions and their annexes, the Client undertakes to comply with them as well as with the conditions of the Privacy Policy.

Any creation of an Account and/or Order requires acceptance by the Client of these T&C and the Privacy Policy, which apply exclusively and with priority over any other document emanating from the Client. Any exemption granted shall only apply to the specific Order or service concerned and shall not be extended to other Orders or Services placed by the same user.

The T&C applicable to an Order are those in effect at the time of their validation by the Client. CONITIV reserves the right to modify the T&C at any time, in particular to adapt them to changes in the Services offered.

CLIENT ACCOUNT

To place an Order and access all the features of the Services offered on the Website, the Client must have a user Account. The request to create an Account will only be accepted by CONITIV subject to its technical and legal capacity to fulfill it and in light of its existing commitments. Creating an Account requires the communication of certain information, collected and stored in accordance with the terms detailed in the Privacy Policy.

The Account is exclusively registered, personal and individual, particularly to ensure the relevance and personalization of the Services. Indeed, the monitoring and legal tracking Services can only function properly in the case of purely individual use. Consequently, the Client undertakes to create only one Account, to use the Services exclusively for personal purposes and to never allow a third party to use them in their place or on their behalf, except at their own full responsibility. CONITIV reserves the right to suspend any Account and access to the Services without compensation or refund in the event of non-compliance with this rule, established in particular based on abnormally high use of the Services or actions performed with the Account from multiple different devices within a very short period of time.

The Client is required to provide accurate, complete and up-to-date Information regarding their identity, contact details and any other data required by CONITIV. The Client undertakes to update this Information as soon as possible in the event of any change. Any inaccuracy or omission is the Client's exclusive responsibility. Identity theft is strictly prohibited.

The Client acknowledges and accepts being solely responsible for the login credentials and passwords relating to their Account. Any suspicion of disclosure or sharing, whether intentional or not, of login credentials and passwords engages the sole and personal responsibility of the Client, and the Client must immediately inform CONITIV in the event of suspected unauthorized access to their Account or their Identification Key (API).

Under no circumstances shall CONITIV be liable for any unlawful or fraudulent use of the Client's login credentials and passwords, as well as the various tools made available to them.

PROFESSIONAL USE

The Services and Orders are exclusively intended for professionals acting within the scope of their professional activity and to meet their professional needs. In order to enable CONITIV to verify this, the Client must have completed all mandatory identification fields in the Administration Area, demonstrating that they are a professional, and when requested, provide proof of tax and social status and compliance with their inherent obligations.

ACCESS TO THE WEBSITE AND SERVICES

The online Services, forms and any Specific Offers specify whether access to the Data or Information requires payment. The Client may consult on the Website the Information relating to the main Service offers, their prices, the commitment period in the case of a Subscription, as well as the content included in each plan.

Access to paid Services is conditional upon prior and effective payment of the price. For Services subject to a paid Subscription, this price corresponds to either the amount of the first Subscription installment or its full payment.

The Client acknowledges that the display quality and proper functioning of the Website and Services depend primarily on the technical characteristics of their equipment and the type of Internet connection used. It is the Client's responsibility to take all necessary precautions to protect their Data and software against potential viruses that may circulate through the Information exchanged or the Website used to access the Services.

CONITIV reserves the right to make changes to the Website and the Services offered therein, including adding, modifying or removing certain features. The Client will be informed of these changes when they modify the nature of the service by any means that CONITIV deems appropriate.

CONITIV may offer several plans for each Service, adapted to the specific needs of the Client.

ORDERS

To validate an Order, the Client must log in to their Account or create one. Before finalizing their Order, the Client has the opportunity to review the details, including the total price, in order to correct any errors. For online purchases or subscriptions, these details are systematically included in the Order summary appearing in the payment process and sent by CONITIV after the Order has been validated. After validating the Order summary, the Client must accept these T&C, any applicable Specific Conditions and the Privacy Policy by checking the dedicated box(es). Once these steps are completed, payment can be made. CONITIV will confirm the Order by sending an email containing a summary and will provide access to an invoice once payment has been definitively recorded.

CONITIV reserves the right to refuse or cancel any Order placed by a Client in the event of an existing dispute concerning a previous Order or if the conditions required for placing an Order are not met. The Client shall not be entitled to any compensation in such case.

CLIENT OBLIGATIONS

The Client undertakes to use the Services, Data and Information provided by CONITIV in compliance with applicable laws and regulations, including those relating to commercial prospecting, personal data protection, consumer rights protection, advertising, fair commercial practices and intellectual property.

The Client warrants that their activities and all Information transmitted to CONITIV in the context of the Services, particularly when providing declarative data by completing CONITIV's questionnaires, are lawful, accurate, up-to-date and compliant with applicable legal provisions.

The Client assumes full responsibility for their activities and their consequences. The Client undertakes to indemnify and hold CONITIV harmless in the event of any claim, complaint or legal action by third parties. The Client declares that the use of the Services complies with the rules applicable to their profession and warrants that they conduct their business in full compliance with the law. The Client undertakes to avoid any confusion between themselves and CONITIV.

Any harm, even indirect, to the reputation, brand image or interests of CONITIV is prohibited.

In the event of a breach of their legal, contractual or regulatory obligations, the Client shall be solely responsible for any proceedings, claims or sanctions, including those from any competent authority. The Client must indemnify CONITIV for any damage resulting from such breaches, particularly in the event of the company being implicated.

CONITIV reserves the right, on a precautionary or permanent basis, to remove or restrict access to any Client Content that is manifestly unlawful, particularly in the event of notification or complaint by a third party. Such action shall not entitle the Client to any compensation.

At any time, CONITIV may require the Client to provide proof of the legality and accuracy of the Content provided by the Client. In the absence of satisfactory proof, CONITIV may suspend their use and publication without prior notice.

CONITIV'S OBLIGATIONS

In the provision of Services, CONITIV strives to ensure a high level of reliability and accuracy of Data and the quality and integrity of Data and Information offered. However, its liability is limited to a best-efforts obligation in the collection, processing and dissemination of Data, making its best efforts to provide Data that is as accurate and up-to-date as possible.

The Client acknowledges and accepts that certain Data may contain inaccuracies, be incomplete or outdated, and that a margin of error is inevitable. Consequently, CONITIV cannot be held liable for any errors or delays in the provision of such Data.

Unless otherwise stipulated, and given the evolving nature and rapid aging of Data, Database extractions, regardless of how they are provided, cannot be considered up-to-date beyond two weeks after their transmission or provision.

The Client is advised that certain Data and Information provided are generated using generative artificial intelligence tools and that even though they are developed with the greatest care, the probabilistic nature of artificial intelligence models may result in a certain variability or imprecision in results; omissions or different interpretations depending on contexts and queries; and no absolute guarantee as to the accuracy or completeness of the Information generated. It is therefore necessary to verify generated content and the Client is invited to report any errors they may identify in the content provided to them.

After a period of fifteen (15) days, no claims will be taken into account. The Client shall be deemed to have accepted the Data as-is and waives any request for refund, indemnification or compensation in this regard.

LIABILITY

CONITIV does not guarantee that the Services will meet the Client's specific expectations or particular needs. The Client assumes full responsibility for the suitability of the Services for their requirements and for the use they make of the results obtained. The Client is solely responsible for the interpretation and use of the Data provided by CONITIV, whether through the Website or as part of the Services. This Data is provided for informational purposes only and does not constitute a guarantee in any way. It is intended to guide the Client in their own analyses. The Client releases CONITIV from any liability related to the interpretation or use of this Data and remains obligated to verify Information directly with the relevant official sources.

The Client is invited to consider the Data provided as decision-support elements requiring additional validation before any strategic or critical use; to report to the Provider any anomaly or inconsistency observed in order to enable continuous analysis and improvement of the Services provided.

The Client undertakes to read any warnings displayed when accessing the Services or when browsing the Website.

CONITIV's liability shall not be engaged for failures or damages resulting from events beyond its control or not directly arising from its own fault. Under no circumstances shall CONITIV be held liable for indirect damages, such as, in particular:

Loss of revenue, profits, clients or contracts;
Loss of earnings or expected margin;
Commercial or financial loss;
Increase in overhead costs;
Damage to image or reputation;
Any legal action brought by a third party against the Client.

Such damages are considered indirect losses excluded from the scope of CONITIV's liability. In any event, should CONITIV's liability be engaged, regardless of the cause, the total amount of compensation owed by CONITIV to the Client shall not exceed the amount actually paid by the Client for the relevant Order or, in the case of a Subscription, the sums paid by the Client to CONITIV during the three (3) months preceding the event giving rise to the liability.

RIGHT OF WITHDRAWAL

Given that access to the Services is exclusively reserved for professionals and that the contractualization of Services is concluded remotely, without physical meeting between the parties, the Client does not benefit from any right of withdrawal, in accordance with the applicable legal provisions of the Consumer Code.

PRICES

CONITIV reserves the right to modify the prices of the Services at any time. The applicable prices are those in effect on the date the Order is placed, as indicated on the Website or in the commercial documents provided.