These Terms of Use (hereinafter"Terms of Use") apply to the access and use of user accounts that By Robots SAS (hereinafter"By Robots") provides to its Customers (hereinafter the"Customer(s)") through its app "Biq Blue" under the subscription agreement between the Customers and By Robots (hereinafter the"Subscription Agreement"), which shall prevail in the event of any conflict.
These Terms of Use define the obligations and responsibilities of each User of a Biq Blue account (hereinafter the"Users") through which By Robots provides its services (hereinafter the"Services") to its Clients.
By using a user account for the first time, the User agrees to these Terms of Use.
By Robots reserves the right to modify these Terms of Use at any time by giving prior notice to Users in the event of a material change.
The Services allow Customers to analyze and reduce Big Query costs. In this context, By Robots provides user accounts (hereinafter"User Accounts") for its Customers (hereinafter"Administrator Accounts") and their employees (hereinafter"Employee Accounts") on the basis of the Subscription Agreement entered into with the Customers.
Accounts are automatically created based on the email linked to the Google Cloud account provided when starting the application.
The User acknowledges that the Services may be changed at any time at the sole discretion of By Robots.
In order to access and use the User Account, Users must be legally capable of committing to these General Terms of Use.
User Accounts are accessible via application.
Users:
For the use of User Accounts, By Robots recommends configurations or other technical requirements. Users are solely responsible for complying with these recommendations.
All necessary costs for equipment and Internet connection are the sole responsibility of the Client and/or the User.
The User is responsible for every action he/she makes on his/her data or infrastructure.
Biq Blue only provides tips to analyse and reduce costs on Big Query ; it is the User's responsibility to implement them.
The User acknowledges that By Robots cannot be held responsible for fraudulent access to the User's Account due to a defect or security breach resulting from negligence, error or omission on the part of the Users or the Customer.
The User acknowledges that By Robots cannot be held responsible for any damage caused by the User's failure to comply with the security requirements set out in these Terms of Use.
By Robots undertakes to perform its obligations with all possible care as is customary in its profession according to an obligation of means.
By Robots grants Users a non-exclusive and non-transferable licence to use their User Accounts in accordance with these General Terms of Use.
In this context, By Robots will do its best to make the User Account accessible via the Biq Blue application.
However, the User's access to his account may be suspended in case of:
HOWEVER, USERS ACKNOWLEDGE THAT USER ACCOUNTS AND THE SERVICES TO WHICH THEY HAVE ACCESS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. By Robots DOES NOT GUARANTEE THAT USER ACCOUNTS WILL FUNCTION WITHOUT ERROR OR INTERRUPTION.
As part of the continuous improvement of the Services, and subject to prior notice to Customers, By Robots may install updates or new versions to its application.
No temporary interruption of the Services will result in any compensation to the User by By Robots.
By Robots is committed to securing the access and use of User Accounts.
The User Accounts and the data contained therein are hosted by By Robots on Google Firebase Servers.
The User acknowledges that the User Account may be deleted, in accordance with applicable law and/or the Subscription Agreement, upon termination of the employment contract between the User and the Customer or upon termination of the Subscription Agreement between By Robots and the Customer, it being understood that the Customer shall be responsible for informing its employees of the deletion of their User Account.
The User shall download the document and account data before the end of the period of accessibility of the User's Account, provided that such content is not retained indefinitely by By Robots.
By Robots undertakes to take all necessary steps to ensure the security and confidentiality of the information contained in the User's Account.
The User acknowledges that By Robots can only be held liable for direct and foreseeable damage caused exclusively by By Robots.
Therefore, By Robots will not be liable for indirect damage or damage caused by the User, the Customer, a third party or in case of force majeure.
In particular, By Robots cannot be held responsible for:
Where By Robots makes features or any other component of its Services available in Free-trail or Beta versions, the following provisions apply:
Biq Blue provides estimates of potential savings for informational purposes only. Actual savings may vary based on numerous factors outside the control of Biq Blue. Therefore, Biq Blue disclaims any responsibility for the actual savings realized by the customer.
Biq Blue retains the right to access the customer's server at any time necessary for development and maintenance purposes. This access is essential to ensure the continued functionality, security, and improvement of Biq Blue services.
Customers can choose to make an upfront payment for either one year or three years, based on the monthly number of Google BigQuery users at the time of payment. Any additional users added during the subscription period will be invoiced annually.
Intellectual property of By Robots
By Robots is and remains the sole owner of all intellectual property rights relating to the Services accessible through the User Accounts and declares that it has obtained all the intellectual property rights necessary to operate them.
Consequently, all elements constituting the Services, in their structure, appearance or content (mainly databases, texts, graphic texts, animated or non-animated images, sounds, designs, graphics, logos, names, trademarks, descriptions, tabs, functionalities, signs, etc.) belong to By Robots or are the subject of an assignment of intellectual property rights to By Robots or the granting of a licence to By Robots. They are protected against any unauthorised use by law or the Subscription Agreement. Therefore, any use of these materials for purposes other than those permitted under these Terms of Use is subject to the prior written consent of By Robots.
The User undertakes to use the Services only in the context of his/her professional activity.
In this regard, the User acknowledges that he/she is not permitted to:
Any use of the User Account and the Service contrary to these Terms of Use is strictly prohibited.
The content of the User Account belongs to the User
. The User retains ownership of the intellectual property rights to the content he/she provides when using his/her User Account.
By using his User Account, the User authorises By Robots to use this content exclusively within the framework of the Services and within the limits determined by the present General Terms of Use and the Subscription Contract concluded with the Customer who has requested a licence of use on behalf of the User.
The parties acknowledge that:
Therefore, By Robots has the right to access and process User data in accordance with the Personal Data Agreement signed with the Customer as part of the Subscription Agreement.
By Robots undertakes to process the User's personal data only in the context of the Subscription Agreement.
As a subcontractor, By Robots is limited to assisting the Customer in fulfilling its own obligations.
Therefore, By Robots undertakes not to respond to requests for the exercise of data protection rights that may be made directly to By Robots by a User. In this case, By Robots will forward the request to the Customer as soon as possible and will use its best efforts to assist the Customer in responding to the request.
By Robots reserves the right to suspend or terminate the User's Account without prior formal notice and without the possibility for the User to claim compensation in the event of the User's failure to comply with its obligations or in any other case in application of the Subscription Agreement.
In the event of suspension, if the User or the Customer remedies the reason for the suspension, the User Account will be made accessible again within a reasonable period of time, it being understood that the suspension of the User Account does not imply a waiver of By Robots's right to suspend or delete the User Accounts.
The parties shall not be liable for any loss, damage, delay, non-performance or partial performance resulting directly or indirectly from an event of force majeure, in accordance with the case law of the French Supreme Court (hereinafter a "force majeure").
Each party shall immediately inform the other in writing of the occurrence of a Force Majeure Event.
The obligations of the party affected by the Force Majeure, and in particular the time required for the performance of its obligations, shall be suspended without any liability of any kind being incurred. The parties shall endeavour, as far as possible, to reduce the effects of Force Majeure.
If you have any questions about these Terms of Use or would like to obtain a PDF version of them, you can write to: contact@biq.blue
User Accounts may contain links to Websites and/or Resources provided by third parties that are provided for the User's information only.
By Robots has no control over the content of these sites and therefore excludes any liability in this regard.
Under no circumstances may the General Terms of Use be considered as constituting a partnership between the parties or any other situation leading to a mutual or joint representation between them with respect to third parties.
Furthermore, these General Terms of Use do not create any relationship of subordination between the Parties, who remain fully autonomous from each other.
These General Terms of Use are governed by French law.
Any dispute relating to the validity, interpretation or execution of the present Terms of Use shall be subject to the exclusive jurisdiction of the courts.