Last updated: 2024/10/09

These General Terms and Conditions of Use (hereinafter "Terms" or "Conditions") set out the terms and conditions under which Visitors or Users (hereinafter "you") may visit the Primyos website (hereinafter "the Site") and use its services.

By visiting this site, you acknowledge that you have read these Terms and fully agree to them. Therefore, it is important that you read these Conditions carefully before accessing the Site or using its Services. In certain cases, we may also ask for your explicit consent.

These terms may be subject to changes. In such a case, a new version will be published on the Site, which will govern all future uses.

The Site is published by Primyos, a product of the sole proprietorship Neixis, registered under the SIREN number 924 686 587.

You can contact us at: 3 Rue Claude Debussy
74150
Rumilly
France
+33 07 65 72 50 35
contact@primyos.com
contact@neixis.com

The website is hosted by: IONOS SE
Elgendorfer
Str. 57 56410 Montabaur
Germany
Phone: +49 800 10 20 300
Email: support@ionos.fr
https://www.ionos.fr/
https://www.ionos.com/

2.1 Primyos allows you to create and publish your own websites. The platform provides tools and features that enable you to customize your sites in terms of content (text and media) as well as appearance. The platform also assists you with search engine optimization. Thus, Primyos offers a simple and accessible alternative for creating a quality website that is visible on computers', tablets' and smartphones' screens, thereby enhancing your digital identity.

2.2 Access to the site is free. However, to access certain sections and features, you will need to create an Account. The information you provide us through the Contact Form must be accurate and true. By registering on the Primyos platform, you guarantee the veracity of the information provided during registration.

2.3 The account opening procedure works as follows:

• Fill out the contact form
• Validate your email address using the link provided
• Log in to your Member Area by entering your e-mail address and password

2.4 By creating your Member Area, you acknowledge and agree that the collection of information is necessary and mandatory. However, you can access, rectify, delete, and oppose your data at any time.

2.5 Upon registration, you agree to provide your first name, last name, postal address, and email address. If you are the representative of a company, you also agree to provide the name and status (from the options provided) of your company. It is possible that you may not find the exact status of your company, as statuses can vary by country. You can then choose the status that best corresponds to your situation. Even if you are a company representative, you must still provide a first name and last name, as well as an address, which can be that of the company or that of the representative.

2.6 All data elements provided by the user during registration, except for the password, are intended to appear in the legal notices of their websites created with Primyos. This data may also be used when purchasing a domain name through the Primyos platform.

2.7 You must not disclose your password and ensure that you protect your credentials to prevent unauthorized access to your account. You acknowledge that all activities related to your Member Area will be considered to have occurred in your name and on your behalf.

2.8 You can find more details on creating websites from the Primyos platform in the FAQ and guide available without needing an account or subscription, directly on the platform.

3.1 Primyos, being the property of a French company, is strictly prohibited from being used for purposes contrary to French law or any other applicable law or regulation.

3.2 By using Primyos and its services, you acknowledge that in the event of illegal or fraudulent use, Primyos reserves the right to cease your activities with its services and to take all legal measures necessary to that end. Among the usages that are strictly prohibited, and without limitation, you must not:

• Violate the rights of a third-party author, including copyright;
• Assist others in infringing on the rights of third parties;
• Collect personally identifiable data or impersonate other users;
• Use the trademarks and logos of Primyos that are subject to copyright;
• Include links to hacking tools;
• Encourage criminal behavior;
• Violate the privacy of third parties, for example, by disclosing personal data without reason or authorization;
• Harass a third party;
• Engage in defamatory, insulting, racist, discriminatory, or hateful behavior;
• Distribute unsolicited commercial communications, including but not limited to, the promotion of other websites that do not comply with all the above criteria;
• Contain malicious content such as viruses or spyware;
• Distribute pornographic content;
• And any other conduct deemed unethical.

3.3 Any piece of art generated by Artficial Intelligence must be declared as such, on the website where it's used.

3.4 Primyos reserves the right to intervene if it is found that a user is not complying with the above conditions (3.2 and 3.3) or if a complaint or abuse report has been filed. In such a case, Primyos may take action to terminate these violations.

3.5 If Primyos believes that the ongoing operation of the computer systems or network operated by Primyos or third parties is, or is at risk of being, damaged or compromised, for example due to excessive data transmission, data breaches, or virus activity, Primyos may take any measures it reasonably deems necessary to stop or prevent such damage or compromise.

3.5 Primyos reserves the right to file a complaint for any criminal offense committed through or using its service.

3.6 Primyos reserves the right to seek compensation for any damages resulting from a violation of these terms of use. You hereby indemnify Primyos against any third-party claims for damages resulting from a violation of these terms of use.

4.1 Primyos will strive at all times to provide high-quality and uninterrupted availability. However, Primyos cannot guarantee the quality or availability of the service.

4.2 Primyos actively maintains the Primyos service. Whenever possible, maintenance is announced in advance. Maintenance operations related to emergency situations may be carried out at any time without prior notice.

4.3 Primyos may occasionally adjust the platform's features. While user feedback and suggestions are welcome, Primyos has the final say on which changes will or will not be made. It is possible that these modifications may affect the operation of your website.

5.1 The Primyos services, as well as all information, documents, texts, illustrations, or any other associated content stored on the website, are protected by the intellectual property rights of Primyos and may not be copied or used in any way without the prior written consent of Primyos, except where and to the extent permitted by applicable law.

5.2 The information stored or processed by you via the Primyos service is and remains your property (or that of your suppliers). Primyos reserves a limited right to use this information for its service, including for future developments. You can revoke this right of use by deleting the relevant information and/or terminating the contract.

5.3 If you submit information to Primyos, such as a bug report or an improvement suggestion, you grant Primyos a perpetual and unlimited license to use this information for its service. This does not apply to information you explicitly designate as confidential.

5.4 Primyos commits to refraining from accessing the data you store and/or distribute via its service, unless it is necessary for the proper provision of the service or if Primyos is compelled to do so by law or a court order. In such cases, Primyos will endeavor to limit access to the information as much as possible, within its capabilities.

6.1 Primyos is committed to processing your personal data in accordance with Regulation (EU) 2016/679 on data protection (commonly known as the "GDPR"), which came into effect on May 25, 2018, and the French Data Protection Act of January 6, 1978, as amended (commonly known as the "Data Protection Act").

6.2 As the data controller, Primyos collects the following personal data: first name, last name, postal address, and email address.
Your personal data is collected for the following purposes:

• Provision of the platform
• Billing
• Purchase of domain names
• Display as legal notices on the user website.

6.3 The collection of this data is mandatory and is a condition for accessing the services offered by Primyos. Without this data, you will not be able to contract with Primyos.

6.4 The legal basis for processing is the execution of the contract and/or the implementation of pre-contractual measures taken at your request in accordance with Article 6.1(b) of the GDPR.

6.5 Your data will not be disclosed to third parties but may be disclosed at the request of administrative and judicial authorities in case of litigation.

6.6 Your data is retained by Primyos in an active database for the duration of the contractual relationship.

6.7 At the end of the contractual relationship, your data may be retained in an intermediate database for 5 years for managing any disputes, 10 years for accounting purposes, and 3 years for exercising rights.

6.8 You have rights regarding your data: right of access, right to rectification, right to object, right to erasure at the end of processing, right to data portability, and right to restriction, which you can exercise by writing to the email address: contact@primyos.com.

6.9 You also have the right to lodge a complaint with the CNIL (French Data Protection Authority).

7.1 There is no cost associated with the free Primyos plan. In order to continue offering this service for free, Primyos reserves the right to display sponsor advertisements on the client's website.

7.2 Domain names purchased through Primyos are provided by the OVHCloud registrar. The price is based on their rates and also accounts for transaction fees via Stripe as well as management fees.

8.1 Primyos cannot be held responsible for any amount or type of loss or damage, whether direct or indirect, including but not limited to loss of revenue, profits, customers, data, contracts, and any losses related to business interruption, even if foreseeable, in connection with the Site and its content, the use or inability to use all its services and associated websites and their contents.

8.2 Primyos cannot be held responsible for any delay or failure if it results from a cause beyond our control or from a force majeure event as defined by Article 1218 of the French Civil Code.

8.3 If the client has not paid the full amount of the invoice within 14 days of the invoice date, they will automatically be in default without any further notice.

9.1 The request, assignment, and possible use of a domain name are subject to the applicable rules and procedures of the relevant registration authorities, such as ICANN for .com domain names. The competent authority decides on the allocation of a domain name. Primyos acts only as an intermediary and cannot guarantee that a registration request will be honored.

9.2 The client can only ensure the registration based on Primyos' confirmation that the requested domain name has been registered. An invoice for registration fees does not constitute confirmation of registration.

9.3 When the client has paid for a domain name through Primyos, and Primyos has then taken the necessary steps with OVHCloud to obtain the domain name on behalf of the client, and that domain name has been correctly registered by OVHCloud, the domain name will be owned by the client for a period of one year, automatically renewed unless the client notifies Primyos in writing of their intention to terminate the subscription for that domain name.

9.4 Termination of a domain name subscription does not affect the services available according to the subscription plan. In the case of terminating a domain name subscription provided by Primyos, a new domain name will be offered.

9.5 The client indemnifies Primyos against any damage related to (the use of) a domain name registered for or by the client. Primyos is not responsible for the loss of the client’s rights to a domain name or the possibility that a domain name is requested and/or acquired by a third party in the meantime, except in cases of intentional wrongdoing or gross negligence on the part of Primyos.

9.6 Primyos reserves the right to make a domain name inaccessible or unusable, or to place it under its own name if the client clearly fails to comply with the conditions set out in the Agreement, but only for the period during which the client remains in default and exclusively after the expiration of a reasonable period indicated in a written notice.

9.7 Primyos reserves the right to cancel a domain name belonging to the client in the event of contract termination due to a breach of the contract by the client.

10.1 Primyos reserves the right to modify these terms at any time.

10.2 Primyos will announce changes or additions to its services at least seven days before they take effect.

10.3 If you do not accept a modification or addition, you may terminate the contract up to the effective date of these modifications or additions. Continued use of the service after the effective date is considered acceptance of the modified or supplemented terms.

11.1 This agreement is governed by French law.

11.2 Any dispute or disagreement arising from and/or related to this contract, whether existing or possible between the parties, for any reason whatsoever, including its formation, validity, interpretation, performance, or termination, and more generally concerning the business relationships between the parties, regardless of multiple defendants or third-party involvement, shall be under the exclusive jurisdiction of the courts of the city where Primyos is headquartered.

11.3 The current version of any communication or information stored by Primyos is presumed to be correct until proven otherwise.

11.4 If any provision of these Terms of Use is found to be invalid, it shall not affect the validity of the remaining Terms of Use. In such a case, the parties shall add one or more new provisions to reflect the intention of the original provision to the extent legally possible.

11.5 Primyos reserves the right to transfer its rights and obligations under the contract to a third party acquiring Primyos or the relevant business activities.