CGU | Daylindo

General Terms of Use (CGU)

Version 3.15 dated October 28, 2024

Effective Date: October 28, 2024

Definitions
Overview
Access to the Daylindo Solution
Use of the Solution
Rights and Responsibilities
Content Moderation
Intellectual Property
Personal Data Protection
Limitation of Liability
Miscellaneous Provisions

1. Definitions

Daylindo Solution: A system comprising the Daylindo mobile app and the Daylindo web platform.
Client: The legal entity subscribing to the Daylindo Solution.
User: An individual authorized by the Client to use the Daylindo Solution.

2. Overview

These Terms of Use govern the use of the Daylindo Solution by Users. They fully apply to the Client.

3. Access to the Daylindo Solution

3.1 Prerequisites

User access to the Daylindo Solution requires:

Authorization from the Client
Internet or mobile access
Compatible equipment (phone, tablet, or computer)

The Daylindo mobile app can be downloaded from Google Play Store or App Store.

Note: Use the Daylindo mobile app on phones or tablets for an optimized display.

3.2 Minimum Technical Specifications

Browser: Chrome 88+, Firefox 102+
Connection: At least 4 Mbps (512 KB/s) per User
Mobile OS: Android 12+ or iOS 15.0+
Recommended Data Plan: Minimum 10 GB

4. Use of the Solution

4.1 User Commitments

Users commit to:

Using the Solution as intended
Not publishing illegal, offensive, or discriminatory content
Respecting intellectual property rights
Not disrupting the Solution’s operations

4.2 Prohibited Content

Strictly prohibited content includes:

Insulting, defamatory, or discriminatory materials
Content inciting hatred, violence, or terrorism
Antisemitic, xenophobic, or sexist content
Intellectual property violations
Any content breaching applicable laws or regulations

5. Rights and Responsibilities

5.1 Client Responsibilities

The Client is responsible for:

Managing access for its Users
Moderating content published by its Users
Training Users on the proper use of the Solution

5.2 User Responsibilities

Users are responsible for:

Using the Solution in compliance with the terms
Keeping their credentials confidential
Any content they publish on the Solution

Users must promptly report inappropriate content or behavior to the Client or, where necessary, to Daylindo (email: dpo@daylindo.com).

5.3 Daylindo Rights

At the Client's request or based on a User report, Daylindo may:

Remove content that is clearly unlawful or violates these Terms of Use
Suspend or terminate a User's access for violations

6. Content Moderation

Daylindo does not control or pre-moderate the content shared through the Solution. The Client must address any inappropriate content promptly when notified.

7. Intellectual Property

Daylindo retains full ownership of the Solution’s intellectual property rights. Users are granted a non-exclusive, non-transferable, and non-assignable license to use the Solution.

8. Personal Data Protection

Daylindo complies with applicable data protection regulations, including the GDPR.
For more information, please refer to our Privacy Policy.

9. Limitation of Liability

Daylindo is not liable for indirect damages, data loss, or service interruptions.

The Solution is provided "as is" and "as available." Daylindo makes no warranties regarding uninterrupted or error-free service. Liability is limited to the following:

(a) 50% of the license fee paid for the User’s access during the usage period, or
(b) €20, whichever is lower.

10. Miscellaneous Provisions

10.1 Changes to the Terms of Use

Daylindo reserves the right to modify these Terms. Users will be notified of substantial changes.

10.2 Governing Law and Jurisdiction

These Terms of Use are governed by French law. Any disputes will be subject to the exclusive jurisdiction of the courts in Paris.