Terms of use

Courtesy translation. Under Article 14, only the French version of these terms is legally binding: see the French version.

• Company name: Ekylibre
• Registered office: 8, rue du Bouil Bleu – 17250 Saint-Porchaire – France
• Legal form: SAS (simplified joint-stock company)
• Legal representative: David JOULIN
• Telephone number: 06 51 31 46 17
• Email address: contact@ekylibre.com
• RCS number (Trade and Companies Register): 808 534 283
• Share capital: €29,081
• Intra-Community VAT number: FR06808534283
• Publication director of the website: David Joulin
• Hosting provider: OVH
• Postal address: 2 rue Kellerman, 59053 ROUBAIX, France
• Number: 0 820 698 765
• CNIL (French data protection authority) declaration number: 1898620
• Last update of these Terms of Use: November 2020

Article 1 – Definitions

For the purposes of these General Terms of Use, all of the following capitalised terms have the meaning given below and apply in both the singular and the plural:

• Subscription: Subscription to the Services offered by Ekylibre SAS;

• Application: IT solution enabling the User to use the Features and Services offered by Ekylibre SAS by means of a dedicated application;

• GTS (General Terms of Sale): The general terms of sale are made available on the Site and in the Application. They define and delimit the terms of sale for any User who purchases a paid plan from Ekylibre SAS’s offering on the Site or in the Application;

• Chat: IT solution for chatting online over the internet in real time with Ekylibre SAS;

• Account: Access system dedicated to the User, requiring a confidential and personal username and password;

• Data: Any element (information, texts, messages, etc.) transmitted by the User, or by a Partner or Third Party, and entered by them into the Site and the Services through their use thereof;

• Personal Data: means any information relating to an identified or identifiable natural person, as well as, more broadly, any data relating to the farm. An “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016);

• Customer Area: online area intended for the User who has an Account, in order to use the Services of Ekylibre SAS and of Third-Party Providers, where applicable;

• Feature: Each element implemented, accessible and usable within the various Services;

• Forum: Discussion forum dedicated to the development and improvement of the tools offered by Ekylibre SAS;

• Instance: Data of a farm usable with the Ekylibre Applications;

• Means of Access: Methods and/or functions by which the User can access one or more Services in order to use them for their own needs;

• Operator: Company operating the various electronic telecommunications networks required to access and use the Services; Party

• Third-Party Providers: means providers offering a solution integrated into the Services but not published by Ekylibre SAS;

• Services: All the services made available to the User by Ekylibre SAS and accessible via the Means of Access;

• Site: Any of the Ekylibre SAS websites giving the User access to the Service, namely:

• ekylibre.com;

• doc.ekylibre.com;

• forum.ekylibre.org;

• wiki.ekylibre.org.

• Third Party: Means natural or legal persons that are not linked by common ownership or control (i.e. non-affiliated) to Ekylibre SAS, or other individuals with no relationship with Ekylibre SAS and/or the User;

• User: Person accessing the Site, their Instance and the smartphone Application;

• Wiki: Online knowledge base;

• Support: Ticket-based system for reporting and tracking incidents and requests for help concerning the Application.

Article 2 – Purpose

These general terms of use define the terms and conditions under which the Site and the dedicated smartphone Application are made available and used.

The simplified joint-stock company (société par actions simplifiée) Ekylibre (hereinafter “Ekylibre SAS”) is a publisher of software applications for the web and mobile computing devices, dedicated in particular to farm management. The applications offered by Ekylibre SAS are intended exclusively for audiences made up of professionals connected with the agricultural sector.

In connection with the Applications and Services made available, Ekylibre SAS offers additional IT, technical and expert services.

All the services made available by Ekylibre SAS are accessible remotely via electronic communications networks. Accordingly, the services made available by Ekylibre SAS are accessible in “Software as a Service” mode, otherwise known as “SaaS”.

Article 3 – Data processing

Ekylibre SAS attaches fundamental importance to the protection of Data, and in particular of its Users’ Personal Data.

In this respect, and save with express consent, Ekylibre SAS undertakes to store the Data and Personal Data collected securely and not to disclose them to any Third Party whatsoever.

At any time, the User has the right to retrieve all of their Data and Personal Data and to ask Ekylibre SAS to delete said Data completely.

Ekylibre SAS informs the User that it will be required to retain certain limited Data in view of its legal obligations, and in particular all invoices issued by Ekylibre SAS.

For more information on Ekylibre SAS’s policy regarding the safeguarding of Personal Data, the User is invited to consult the Personal Data protection policy at the following address:

• data@ekylibre.com

In accordance with the Loi Informatique et Libertés (French Data Protection Act) of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has, in particular, rights of inquiry, access, modification, objection, rectification and portability in respect of the Personal Data concerning them.

3.1. Data collected

All Data entered and processed within the Site, the Application and the Services are voluntarily transmitted by the User by means of the Features.

All of the User’s Data collected through the use of the Site and the Application are and remain the property of the User.

Ekylibre SAS has a right to access and use said Data in the interest of the User, the Services and the Features.

The Data thus collected by Ekylibre SAS remain the sole and exclusive property of the User, who may ask to retrieve them at any time by sending a request to: data@ekylibre.com

The Data will then be sent to the User as soon as possible, in an intelligible format.

Ekylibre SAS is not entitled to disclose said Data to any Third Party without the User’s prior authorisation.

In this respect, it is recalled that the Services may be extended to other services performed by Third-Party Providers. In such a case, the User will be notified in advance and must expressly agree that all or part of their Personal Data may be used by said Third-Party Provider in the context of a service complementary to the Services of Ekylibre SAS.

3.1.1. Personal data

For the purposes of the Service, its use and its management, the User must transmit Personal Data.

The User authorises Ekylibre SAS to collect and use said Data for the operation of the Services, in accordance with the contract entered into.

The User authorises Ekylibre SAS to collect certain Data automatically, including Personal Data such as the internet address (known as the “IP” address). For this purpose, the Site may place “cookies” on each User’s computer device.

Cookies are computer files used to collect and store browsing and tracking information intended to make the Site easier to use. The User is freely entitled to refuse the placing of said cookies on their computer device and, to do so, must change the relevant settings of their web browser.

For more information on the use of cookies, the User is advised to visit the following address:

• Cookie policy

Ekylibre SAS warrants that it has fulfilled all of its obligations under Law no. 78-17 of 6 January 1978, known as the loi « Informatique et Libertés » (French Data Protection Act), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and that it has informed the natural persons concerned of the use made of said Personal Data, in particular with regard to the obligations to declare to the CNIL (French data protection authority) and the obligations to retain and secure said Data.

Ekylibre SAS had made a declaration to the CNIL under number 1898620

The User is solely responsible for the authenticity, lawfulness and relevance of the Data they enter on the Site.

The Personal Data thus collected by Ekylibre SAS remain the sole and exclusive property of the User, who may ask to retrieve them at any time by sending a request to: data@ekylibre.com

Ekylibre SAS undertakes not to use the Personal Data collected for any purpose other than the use of the Services.

In this respect, the User indemnifies Ekylibre SAS against any action, complaint or claim brought by a natural person whose Personal Data are reproduced and hosted via the Service and the Features offered by Ekylibre SAS.

Ekylibre SAS undertakes (on request) to inform the User of:

• The location of the Data;

• The purpose of the processing carried out on their Data;

• The recipients of the Data;

• Their specific rights.

Nevertheless, the User is responsible for the authenticity, lawfulness and relevance of the Data they transmit for the purposes of using the Services and Features. The User warrants that they hold any intellectual property rights enabling them to use the Data and content. Accordingly, Ekylibre SAS disclaims all liability in the event that the Data and/or content fail to comply with laws and regulations, public policy or the User’s needs.

The User shall indemnify Ekylibre SAS on first demand against any loss resulting from a claim brought against it by a Third Party for breach of this warranty. More generally, the User is solely responsible for the content and messages distributed and/or downloaded via the Services and Features.

3.1.2. Tracking and geolocation

For the purposes of using the Features and Services, the User’s movements may be recorded while they are logged in to the Application. Their movements are recorded in particular in order to know which plots have been treated or ploughed. The Data are thus directly available in the User’s customer Instance.

The User may also disable tracking at any time from the mobile Application.

For the terms of use of the geolocation plugin services, see the Privacy Policy link on the website of the third-party publisher Traccar.

3.1.3. Sending of promotional messages

Both when registering and during their use of the Site and the Services, the User is entitled to accept or to refuse to receive promotional messages.

To do so, the User may ask to stop receiving promotional emails:

• by sending an email to the following address: communication@ekylibre.com

• via the unsubscribe link included in each communication.

• Via the “My account” area (https://accounts.ekylibre.com) > My Settings.

3.2. Data reversibility

The User may delete their personal Account and request a raw copy of all the Data they have entered and voluntarily generated on the customer Instance and in the Application during the period in which they used the Services and Features. Thereafter, no Personal Data will be retained by Ekylibre SAS and its Third-Party Providers, with the exception of Data that Ekylibre must retain for evidential and legal purposes.

3.3. Data security

Under an obligation of means (best-efforts obligation), Ekylibre SAS uses its best efforts to ensure the security, integrity and confidentiality of the Data.

Subject to ARTICLE 11 – EXCLUSION OF LIABILITY, Ekylibre SAS undertakes to preserve the integrity and confidentiality of the Data contained in the Services, Features and Applications.

Ekylibre SAS implements technical and organisational measures designed to prevent any fraudulent access to or use of the Data and to prevent any loss, alteration, breach or destruction of the Data.

Article 4 – Acceptance of the Terms of Use

These General Terms of Use apply to all Services and Applications made available by Ekylibre SAS on the Site as presented in ARTICLE 6 – ACCESS TO THE SITE AND DESCRIPTION OF THE SERVICES.

The Terms of Use may be consulted at any time on the Site and in the Application (Settings > About…) or on request at the following email address:

• support@ekylibre.com

The User agrees that the Terms of Use will not be sent to them on paper.

Article 5 – Amendment of the Terms of Use

These General Terms of Use may be amended at any time by Ekylibre SAS, unilaterally and without notice. The General Terms of Use applicable to the User are those in force on the day they log in to the Site, any new login entailing acceptance, where applicable, of the new General Terms of Use.

The User is informed of any amendment to the Terms of Use via the Site and the Application.

Article 6 – Access to the site and description of the services

The Site, as well as the Services and the Application, are accessible and usable twenty-four hours a day (24/24) and seven days a week (7/7), provided that the User has a computer device capable of connecting to the internet and internet access.

Mere access to the site requires neither an access code nor login credentials.

Mainly for update and/or maintenance operations, access to the Site and the Services may be temporarily suspended. Ekylibre SAS undertakes to notify the User of this systematically by email, in advance of the suspension of the services.

6.1. The Ekylibre SAS sites

Mainly in order to distinguish between Services and/or Features, Ekylibre SAS operates several Sites. They are briefly presented below:

• ekylibre.com: Website of the company Ekylibre SAS;

• doc.ekylibre.com: Documentation of the software developed by the company Ekylibre SAS

• wiki.ekylibre.org: Documentation of the open-source software developed by the Ekylibre community;

• forum.ekylibre.org: Discussion forum about the source code.

• all subdomains of ekylibre.farm.

• ekyviti.fr: website of the EkyViti project.

6.2. The services offered by Ekylibre SAS

For all Data that the User enters on the Site, in the Application and in the Services, the User warrants that this information is accurate, truthful and in no way misleading.

6.2.1. Creation of the personal account

6.2.1.1 Registration on the website https://ekylibre.com

To access the Services of Ekylibre SAS, the User must create a personal Account using the Features provided for this purpose and available on the home page (https://ekylibre.com). In this section, the User fills in:

• Mandatory

• Their first name;

• Their last name;

• Their email address;

• A password;

• Their country;

• Their telephone number.

• Optional

• Their intra-Community VAT number;

• Their bank details

To create their personal Account, the User must tick the box “I accept the general terms of use and the general terms of sale”

The personal Account is confirmed once the User has clicked on the link received in the personal Account creation confirmation email sent by Ekylibre SAS.

By using their customer Instance, the User does not acquire any intellectual property right in the domain name attached to their customer Instance, which Ekylibre SAS expressly reserves to itself.

Consequently, the User only has the right to use their customer Instance exclusively for the needs of their farm, without being authorised to reproduce or adapt it.

6.2.1.2. Actions available from the personal account

From their personal Account, the User can manage their Subscription:

• They can go to the “My farms” tab to access, modify or delete their instance(s);

• They can go to the “My à la carte services” tab to purchase services;

• They can go to the “My invoices” tab to view all their invoices;

• They can go to the “My settings” tab to change their password and their communication preferences and to request the deletion of their account

The various Subscriptions offered by Ekylibre SAS are detailed in the GTS.

The User may also delete their personal Account by clicking on the button provided for this purpose. Deleting the personal Account entails the deletion of the User’s customer Instance on the Site and in the Application.

In the event of unsubscription, the customer may request a copy of all their data and the permanent destruction of all their data.

6.2.2 Creation of the online customer/farm instance

6.2.2.1 Logging in to the customer instance

Access to the customer Instance requires logging in on the farm’s page:

• https://« nom de l’Instance ».ekylibre.farm (« nom de l’Instance »: name of the Instance)

6.2.2.2. – Third-party access to the customer instance

Within the account linked to their farm, the User may invite Third Parties who have a personal Account.

A Third Party who has a personal Account may also ask to join a User’s farm page. In that case, the User may accept or refuse this request.

Except for Clic&Farm instances, the User may define the roles of these Third Parties within the farm and choose the access they wish to give them. A Third Party invited by the User to their farm account may only modify the Data to which the User has granted them rights.

6.2.2.3. Communicating with Ekylibre SAS from the customer instance

From their customer Instance, the User has access to a Chat allowing them to communicate with Ekylibre SAS. The User may report any anomaly or ask Ekylibre SAS questions via the Chat. Ekylibre SAS undertakes to reply to the User within a reasonable time.

The User may also report anomalies to Ekylibre SAS:

• by email to: support@ekylibre.com

• by post to: 8 rue du bouil bleu, 17250 SAAINT-PORCHAIRE;

• by Chat on ekylibre.com and/or ekylibre.farm

Ekylibre undertakes to address anomalies within 24 (twenty-four) working hours.

6.2.2.4. Modification of data

The User may modify the data of their customer Instance at any time without contacting Ekylibre SAS.

6.2.3. Calculation of the AMI

The calculation of the Administrative Mass Index (AMI; in French, Indice de Masse Administrative, IMA) created by Ekylibre SAS makes it possible to assess the administrative workload of a farm over a year and to estimate how much time or money would be saved by using a management tool such as Ekylibre SAS.

The AMI gives a rough idea of the cost of a farm’s administrative workload and shall in no event be binding on Ekylibre SAS.

6.2.5. Documentation

The documentation produced by Ekylibre SAS concerning the Application is available at https://doc.ekylibre.com and https://doc.clic.farm

Ekylibre SAS undertakes to update this documentation as soon as possible.

6.2.6. Online chat

Each User may ask Ekylibre SAS questions via the Chat available on every page of the Site.

The User is required to identify themselves as follows:

• By giving their last name and first name(s);

• And/or by giving their email address;

• And/or by logging in via their Facebook account;

• And/or by logging in via their Google+ account

Ekylibre SAS undertakes to reply as soon as possible. Messages sent via the Chat must meet the same requirements as Users’ contributions to the Forum listed in ARTICLE 6.2.8 below

6.2.7. The Wiki

The Wiki created by Ekylibre SAS may be freely consulted by all Users. Users wishing to contribute to the Ekylibre SAS project must create an account at the following address: https://wiki.ekylibre.org/fr/start?do=register

In order to post information and modify information already on the Wiki, the User must then log in via the page:

• https://wiki.ekylibre.org/fr/start?do=login

6.2.8. The Forum

Ekylibre SAS offers a discussion forum in which all Users may participate free of charge, about the open-source software published by Ekylibre SAS. The languages used in the discussion forum are French and/or English. As stipulated in the article below of the Terms of Use, Ekylibre SAS does not moderate the discussions on said forum in any way. The User is solely responsible for the statements they publish there.

No contribution by the User to the forum may:

• infringe or be contrary to public policy, morality or the law;

• use a pseudonym likely to offend other Users;

• offend other Users;

• infringe in any way whatsoever the rights, honour, reputation, privacy or image of any person;

• be disparaging or defamatory of anyone;

• be pornographic or paedopornographic in nature;

• undermine the security or integrity of any State or territory whatsoever;

• enable third parties to obtain and/or use pirated software protected by copyright and/or subject to user licences;

• recommend any dubious or fraudulent practice;

• advertise or promote any company, brand, website, blog or forum whatsoever.

Article 7 – Username and password

7.1. Confidentiality of the username and password

The User’s username and password are strictly personal and confidential. The User incurs liability if they disclose these elements to third parties; the User is advised to log out of their Account at the end of each use.

The User is responsible for maintaining the confidentiality of their username and password. In the event of a security problem concerning the Site and the Services, in particular relating to the username and/or password, the User concerned undertakes to inform Ekylibre SAS immediately. Any User facing any risk whatsoever regarding their password must change it immediately after informing Ekylibre SAS. The User acknowledges Ekylibre SAS’s right to take any appropriate measures in such a case.

Each Service and each Feature is intended exclusively for each User. Accordingly, no User is entitled to offer and/or market them to any Third Party to the Subscription.

Should this occur, Ekylibre SAS disclaims all liability relating to the access to, use and provision of the Services and Features. Likewise, Ekylibre SAS reserves the right to suspend or terminate the Subscription of any User at fault.

7.2. Lost password

Any request to change or recover a username and/or password must be made exclusively via the “forgotten password” button available on the Site, in the Application and on the customer Instance.

An email expiring after 48 (forty-eight) hours will be sent to the User so that they can change their password.

Article 8 – Network and operation of the site

8.1. Network

The User is advised to have a high-speed internet connection in order to access and use the Services and Features optimally. The User is solely responsible for their subscription, access and maintenance arrangements with the Operator and the internet network; in this respect, Ekylibre SAS is not in a position to provide assistance or advice.

Likewise, Ekylibre SAS shall in no event be held liable for any inconvenience or damage inherent in the use of the Internet, in particular in the event of service interruption, external intrusion or the presence of computer viruses, or in respect of power cuts.

The same applies to the compatibility, interoperability and quality inherent in the use of physical or technical means. To this end, Ekylibre SAS particularly draws the User’s attention to the importance of choosing the Operator and the products to which they subscribe.

8.2. Operation of the site

As regards the operation of the Site and the Services, Ekylibre SAS is subject to a general obligation of means (best-efforts obligation).

In the event of interruption of access to or use of the Site and/or the Services, Ekylibre SAS may only be held liable if said interruption is prolonged or constant or due solely to its own act and cannot be resolved within a reasonable time after Ekylibre SAS has been notified of the situation encountered by the User, by email to the following address:

• support@ekylibre.com

Article 9 – No moderation by Ekylibre

In its capacity as a neutral and passive host, Ekylibre SAS does not monitor or moderate any content or element (texts, images, sounds, videos, hyperlinks, etc.) posted or published by the User on the Site. Accordingly, Ekylibre SAS assumes no liability of any kind with respect to said content or elements.

A User who notices unlawful content is entitled to inform Ekylibre SAS using the contact details stated in the Legal Notice.

Article 10 – Hyperlinks

Ekylibre SAS authorises the User to publish hyperlinks on the Site, and in particular on the Forum. In this respect, the User is solely responsible for said links, for the necessary authorisations from the linked sites, and for the sites and content to which they point.

Without prejudice to the provisions above, Ekylibre SAS reserves the right to delete, without the User’s consent, any hyperlink posted to the forum that does not meet the requirements of 6.2.8 above.

Article 11 – Exclusion of liability

11.1. Operation of the site and the application

As regards the operation of the Site, the Application and the Services, Ekylibre SAS is subject to a general obligation of means (best-efforts obligation).

In the event of damage suffered, the User must prove fault on the part of Ekylibre SAS in order for it to be held liable for the damage caused.

Ekylibre SAS undertakes to inform, advise and assist the User to the best of its knowledge and abilities. In this context, Ekylibre SAS offers training workshops so that the User can learn to use the Features of the Applications. Said training may be invoiced.

Ekylibre SAS expressly excludes its liability in the event of any anomaly occurring when importing Data into the User’s personal Account or customer Instance or when exporting Data from the User’s customer Instance.

In the event of interruption of access to or use of the Site and/or the Services, Ekylibre SAS may only be held liable if said interruption is prolonged or constant or due solely to its own act and cannot be resolved within a reasonable time.

In the event of force majeure or of action(s) taken by any Third Party and/or damage caused by any Third Party, Ekylibre SAS shall not be held liable.

Ekylibre SAS shall in no event be held liable for any inconvenience or damage inherent in access to and/or use of the Internet and/or the electricity network, in particular in the event of service interruption(s), external intrusion(s) or the presence of computer viruses. The same applies to needs, questions or problems of compatibility, interoperability and/or quality inherent in the use of any physical or technical means of accessing the Site, the Application or the Services.

Ekylibre SAS disclaims all liability in the event of any loss of the information accessible in the User’s personal Account or customer Instance, the User being required to keep a backup copy thereof and not being entitled to any compensation in this respect.

11.2. Information on the site and in the application

Ekylibre SAS gives no warranty as to the use of the information on the Site, in the Application and in the Services. All information on the Site, the Forum and the Wiki is made available to the User for information purposes only and shall not be binding on Ekylibre SAS.

Ekylibre SAS shall not be liable for any loss or damage that may result from a User’s use of the information on the Site, the Forum and the Wiki, nor for any errors or omissions therein, any defects in or interruptions of their provision, or the unavailability of all or part of them.

The User acknowledges that Data circulating on the Internet are not protected, in particular against possible misappropriation.

The User acknowledges that Data circulating on the Internet may be subject to regulations on their use or be protected by a property right. The User is solely responsible for the use of the Data they consult, query and transfer on the Internet.

The User acknowledges that Ekylibre SAS has no means of controlling the content of the services accessible on the Internet.

Article 12 – Ownership

With regard to everything they publish on the Site, the Application, the Services and/or the Ekylibre SAS discussion Forum, both the User and Ekylibre SAS hold and retain all rights, title and interest in their patents, inventions, authors’ rights, trademarks, domain names, know-how and any intellectual property rights.

Ekylibre SAS is and remains the owner of the property rights relating to all elements of the Services and Features on the Site and/or the Applications made available to the User, and more generally to the IT infrastructure implemented, developed and made available in connection with the provision of the Services.

The rights to use the Services and the Features of the Applications granted to the Customer under these Terms of Use do not grant them any additional right with respect to the Service or any other related intellectual property right.

Making the Services and Features available shall not be construed as an assignment of any intellectual property right whatsoever to the User, within the meaning of the Code de la propriété intellectuelle (French Intellectual Property Code). Without the prior express consent of Ekylibre SAS, the User shall not reproduce any element of the Services, the Site, the Application or any documentation relating to them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.

12.1. Use of the Ekylibre trademark

“ekylibre” is a registered trademark (number 4089422). Any unauthorised reproduction of the trademark, logos and distinctive signs constitutes infringement (contrefaçon) punishable by criminal penalties. The infringer is liable to civil and criminal penalties, in particular those provided for in Articles L. 335.2 and L. 343.1 of the Code de la Propriété Intellectuelle (French Intellectual Property Code).

12.2. Warranty against eviction

Ekylibre SAS represents and warrants:

• That the Applications and their Features that it has developed are original or based on technology to which Ekylibre SAS has acquired the rights, and do not result from any act of infringement;

• That it holds all the intellectual property rights enabling it to publish the Site and provide the Services.

Article 13 – Partial invalidity

The possible annulment of one or more clauses of this contract by a court decision or by mutual agreement between the Parties shall not affect its other provisions, which shall continue to have full force and effect provided that the general economy of the contract can be preserved.

Article 14 – Language

By express agreement between the parties, these General Terms of Use are governed by French law.

They are drawn up in the French language. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

Article 15 – Governing law and jurisdiction

These Terms of Use are governed by French law.

All disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, consequences and aftermath, shall be submitted to the competent court under the conditions of ordinary law.