Acciline+ is a solution published by Ayming, a simplified joint-stock company (SAS), registered with the Nanterre RCS as number 414 119 735, with €70,665,286.92 in capital, and headquartered at 114, rue Chaptal, 92300 Levallois.
The purpose of these Terms of Use is to set forth the terms governing access and use of the Solution by the client, Ayming's co-contractor, and any Users to whom the former may grant access, and to describe the services associated with such use.
In these Terms of Use, terms beginning with a capital letter, whether used in the singular or the plural form, shall have the meanings given below.
Access: refers to a User's act of accessing the Solution by using their login details.
Acciline+: refers to the Professional Risk Management computer platform named ACCILINE+, created by Ayming, which consists of different modules to which the Client may subscribe. This platform is provided to the Client and remotely accessible via the Internet ("Saas" mode) in web mode or from the dedicated mobile application "MyAcci+", available on Android (and iOS in early 2020).
Anomaly: refers to any operational problem occurring in the Solution, consisting in a difference between the observed operation of the Solution and such proper operation of the Solution as the Client is entitled to expect, which is exclusively attributable to the Provider, is reproducible, and is documented by the Client and/or User.
Mobile Application: means the mobile application published by Ayming, which can be used to access the Solution referred to as MyAcci+. The application is available on Android and can be downloaded via a link provided to the Client by the Provider.
Client: refers to the legal entity that has entered into an Agreement with the Provider with regard to the Solution that assigns direct or indirect Access to a User.
Terms of Use: refers to this document. The current version is the version that is online on the date of Access to the Solution.
Contract: means the agreement entered between Ayming and the Client, an integral part of which is formed by these Terms of Use.
Data: refers to the Client's information and publications, and, in general, all Client data imported and hosted within the Solution, which may be consulted exclusively by Users.
Personal Data: refers to Data of a personal nature, relating to an identified or identifiable individual person.
Login Details: refers to the Mondays, Tuesdays, Wednesdays, Thursdays and Fridays of each week of the year, except for French official holidays.
Business Days: refers to all the data and information that the parties may communicate to one another, and of which they may become aware in the course of their performance of the Contract, in particular accounting, fiscal, commercial, technological information, and know-how.
Personal Data Regulations: refers to all regulations applicable to the processing of Personal Data, namely: (i) law No. 78-17 of 6 January 1978 as amended, on computing, files and civil liberties, (ii) any French legislation amending, replacing or supplementing the above-mentioned law no. 78-17 that may be adopted during the term of this agreement, and (iii) Regulation (EU) no. 2016/679, "General Data Protection Regulation," and any new regulations that may come into force during the performance of the Contract. Each Party may also be required to comply, where appropriate, with codes of professional good practice, as well as with approved codes of conduct and certifications.
Site: refers to the website published and hosted by Ayming, accessible in particular from the URL https://www.accilineplus.com providing Users with access to the Solution.
Solution: refers to all the modules and services subscribed by the Client under the Contract and accessible by the User.
User: refers to a natural person, designated by name by the Client, with an e-mail address in his or her name and with the Client's extension, placed under the Client's responsibility and granted access to the Solution in consideration of the access right(s) acquired by the Client. In some cases, the term may also be used to refer to the Provider's technical team, or to the operational teams involved in executing assignments entrusted to the Provider. Users must agree to comply with the Solution's terms of use.
The Terms of Use apply to any access to or consultation of Acciline+ by a User and to any use of the Solution by a User.
It is a mandatory prerequisite for all Users to accept the Terms of Use. The use of the Solution by the User implies such acceptance. The Client guarantees that the User will comply with the Terms of Use. The user should discontinue his or her use of Acciline+ if he or she disagrees with any of the conditions set forth in the terms of use.
Ayming reserves the right to make changes to the Terms of Use, the Site and/or the Mobile Application (including its means of delivery). Any modification will come into effect as from the date it is posted, or, where appropriate, as from any other date that may be provided under the special conditions applicable to the service. Users must also regularly check the Site and/or the Mobile Application to see if any such modifications have been made. The continued use of the Solution shall imply User acceptance of the new Terms of Use.
The Terms of Use apply to any visit to Acciline+ by an unidentified user but also for the entire duration of the Client's subscription, it being understood that at the end of the subscription all Access to the Solution by the Client's Users will be disabled.
Acciline+ is composed of various modules and services that the Customer may subscribe to or omit in preparing its Solution.
5.1 - List of modules and services available in Acciline+
The features and services available by default are detailed below. It is specified that pursuant to the Contract entered with the Client, Users may be permitted only to access certain specific modules, or to exercise specific access rights as granted to the User by the Client.
- Common Base Module includes action plans, statistics and dashboards,
- Event management tracking module allows the management of Workplace Accidents as well as the management of safety indicators
- Monitoring module allows tracking of HSE regulatory monitoring
- Risk Module allows the evaluation of professional risks
- Absences Module allows tracking and prevention of absenteeism
- Certifications & Training Module allows the tracking of training courses and certifications issued to the Client's employees
- Cause Tree Module allows Qualitative Analysis of Accident Events
- Mobility module: MyAcci+ mobile app
- User Support in accordance with the terms agreed between Ayming and the Client,
Depending on the Contract entered with the Client, Services may be linked to the provision of the Solution.
5.2 - Additional Services
For any additional service, the User must contact the Client's contract manager to have the latter contact the Provider.
Complementary services may for example include project management, the import of specific data, periodic backup restoration, preparation of training activities or of specific interfaces, etc.
5.3 - Access and Availability
The technical conditions for access to the Solution are described in the Contract established between Ayming and the Client.
5.3.1. Contractual Prerequisite
The User's access to the Solution is subject to the existence of a Contract between the Client and the Provider, and to the Client's compliance with all its contractual obligations. The Client is responsible for designating its Users.
5.3.2. Technical Pre-Requisites
A - For Access via the Site
- Internet connection (>= to 1024 K)
- Company mail account
- Minimum Version Supported Web Browser: Chrome 25 / Firefox 19 / Internet Explorer 11
- Software: Adobe Acrobat Reader or other for reading "PDF", Microsoft Excel or other for reading xls
- Interface screen mode: 1280 x 1024 minimum.
B- For Access via the Mobile Application
Access to the Myacci+ Mobile Application must be provided under the Contract between the Client and the Provider.
For use in ON-LINE mode, the User must have a mobile terminal and access to the Internet.
The mobile phone used must have a minimum operating system of Android® 4.4.
5.3.3. User Access
The Client is responsible for determining and creating Users, or requesting that Access to the Solution be created for them.
Users are identified upon Access to the Solution by a unique login, distributed via electronic link. Logins are identical for Access via the Site or via the Mobile Application (provided that such service is provided under the Contract entered with the Client).
Users will use the Logins provided to them each time they connect. Login details are intended to reserve the Access to the Solution constituting the object of the Contract exclusively for the Client's designated Users, so as to protect the integrity and availability of the Solution, as well as the confidentiality of all Client Data.
It is specified that only Users granted Access to the Solution will be able to access the Mobile Solution. The User may use the mobile Solution at his or her own risk.
The Client and/or Users are fully responsible for their Internet and/or mobile connection and their choice of an access provider. The Provider, furthermore, cannot be held responsible for network interruptions, and draws the Client and/or User's attention to the importance of their choice of an Internet access provider and of the services to be provided by the latter.
All Users acknowledge that they are familiar with and understand the Internet and its limits and, in particular, its functional characteristics and levels of technical performance, risks of interruption, the response times for consulting, querying or transferring information, and the risks, of whatever nature, inherent in any transfer of data, in particular over an open network.
A - Solution Access Password Policy
Authentication requirements shall be determined by the Client.
B - Single Sign-On (SSO)
Subject to provisions to be agreed upon with the Client, authentication may be performed via SSO.
C - Lost password
In case of a lost password, a User may request a new one either by clicking the "lost password" link at the bottom of the login box or by contacting technical support. In either case, a reset link will be sent to the User at the email address attached to his or her account. This link will have an expiration time frame specified in the email.
D - Confidentiality of Login Details
Login Details are personal and confidential. They permit access to the Solution via the Site, and to the Mobile Application if the Client has subscribed to the latter. The Client and its Users undertake to make every effort to keep their corresponding login details secret, and not disclose them in any manner whatsoever.
The Client and its Users are fully responsible for their use of their Login Details and shall be responsible for the safekeeping of the Access codes. In general, the Client assumes responsibility for the security of the individual workstations accessing the Solution.
6.1 – The Provider has developed specific computing tools and training modules adapted to the needs of its clients, as well as its own know-how; the User agrees not to disclose to any third parties any Confidential Information, and in particular all or part of the elements constituting this know-how, and not to grant any third party access to the Solution.
6.2 – As part of its obligation of means, the Provider undertakes to ensure the availability and accessibility of the Solution under the conditions set forth in the contract. It does however reserve the right, in exceptional circumstances and where strictly necessary, to temporarily suspend Access to the Solution, particularly in case of:
- a serious challenge, legal proceedings or a lawsuit instituted by a competent and authorized entity on grounds that the Client's data conflicts in whole or in part with public decency or public policy,
- client non-payment of invoices,
- maintenance Services, provided under the terms of the Contract.
The Client will be notified of the dates of any scheduled work. The Provider shall in no case be liable for the corresponding suspension, and the User shall not thereby become entitled to any compensation.
6.3 – Each User agrees not to modify, attempt to modify or violate the integrity of Acciline+ in any manner and not to use any software or any kind of computer program to obtain or make available any content that is protected or not freely available.
6.4 – As soon as the User becomes aware of any anomaly, error or irregularity in the Solution in the course of its use thereof, the User shall notify the Provider by any means and without delay.
6.5 – The Client and/or User are solely responsible for the use they make of the Solution and for compliance with the Terms of Use by all Users. As a result, the Provider declines all liability for any use made of the Solution by any User that does not comply with the Terms of Use. The User agrees to refrain from importing into the Solution any Data likely to infringe the rights of any third parties or that may be considered illegal.
The User and/or Client are solely responsible for the quality, legality, relevance, and veracity of any Data and content they may transmit and/or import into the Solution. The Provider thus disclaims all liability in the event that the Data and/or content fail to comply with laws, regulations, or public policy, or to suit the Client's needs. The Client remains the sole owner of the Data and content it may transmit for purposes of its use in the Solution.
6.6 – The Provider makes no warranty as to the ability of the Solution to meet the specific needs or expectations of any User. Similarly, the Provider is not able to guarantee that no error or other impairment of function or use will occur during the use of the Solution.
6.7 – The Provider shall not be liable for the unavailability of any networks (software or hardware) not entirely under its direct control, or for any modification, suspension or interruption in the dissemination of the Site or Mobile Application, or for their continuity, durability, conformance, compatibility or performance, or the absence of bugs.
6.8 – The User shall be solely responsible for any fraudulent use of his or her login credentials by a third party.
The User shall make use of the Solution under his or her own exclusive responsibility. The User acknowledges the possibility that he or she may be held liable, especially in case of identity theft.
7.1 – General
The Provider warrants that the Solution it has developed is an original creation, within the meaning of the French Intellectual Property Code, that it is the holder of all intellectual property rights relating to the Solution, and that it is the recognized owner of all use and/or operation rights of any third party software necessary for its operation. No intellectual property rights to the Solution are granted to the Client or User under the Terms of Use or the Contract.
The User undertakes to not infringe the rights of the Provider, whether directly or indirectly, and to take all necessary measures to ensure that the latter's ownership rights to the Solution are respected. The User undertakes not to infringe the proprietary notices appearing on Acciline+ and its Documentation.
7.2 – Solution user license
The User, operating under the Client's responsibility, shall have a right to use the Solution, under the conditions and limits granted to the Client under the Contract and in compliance with the Terms of Use.
It is specified, in particular, that the User shall not in any case make the Solution available to any third party whatsoever (only the Users may access the Solution), and shall strictly refrain from any other use, including but not limited to any adaptation, modification, translation, arrangement, distribution or decompilation.
7.3 – Brand
The Provider is and shall remain the owner of its distinctive signs, namely trademarks, corporate denominations and other trade names, logos and domain names.
The reproduction, imitation or display, in whole or in part, of brands and designs belonging to the Provider is strictly prohibited without the prior written consent thereof.
User data and any data contained in the Solution shall be processed by Ayming, a simplified joint-stock company (SAS) with €70,665,286.92 in capital, registered with the Nanterre RCS as no. 414 119 735, and headquartered at 114 rue Chaptal 92300 Levallois.
The Solution is hosted in France.
The data controller is the Client, which grants rights to the User. Ayming is the Client's data processor, within the meaning of the European General Data Protection Regulation.
For any information on the purpose and duration of processing, or on the data processed, Users are invited to contact the Client, which has granted them user rights.
In accordance with the regulations in force in the European Union, Users have a right to access, limit and correct information concerning them. This right may be exercised by contacting the Client.
For all intents and purposes, the Provider has designated a DPO who may be contacted at the following address: dpo@ayming.com.
The Site and the Mobile Application use no cookies other than the cookie required to make the connection, which is stored on the User's equipment during the connection and remains active for the duration of the session.
The Provider cannot be held responsible for any delay in the performance of its obligations or for any non-fulfillment of its obligations under the Terms of Use where the circumstances causing the same are the result of a force majeure event.
Assistance consists in providing support to Users in their use of the Solution via telephone and/or email.
For any question relating to the use of the Solution or any report of an Anomaly, Users may contact the Client's telephone technical assistance department from Monday to Friday from 9:00am to 12:30 and from 2:00pm to 6:00pm, Paris time, by calling 0 810 008 701 (grouped lines, local rate), or by e-mail at the following address: helpdesk@ayming.com, any day except public holidays.
These Terms of Use are governed by the laws of France.
Any dispute concerning the performance or interpretation of these Terms of Use shall be settled under the conditions and within the limits defined in the Contract entered with the Client.