TERMS AND CONDITIONS
1. Identification of RUBICON
RUBICON is a simplified joint stock company registered with the Paris Trade and Companies Register under number 928 841 394, with its registered office located at 38 rue de Berri, 75008 Paris ("RUBICON").
2. Definitions
Customer: refers to the legal or natural person identified in the Quote who subscribes to the Services under the terms and conditions set out herein.
Account: refers to the secure Account that the User has on the Solution in order to access the Services.
Terms and Conditions: refers to these Terms and Conditions, which define:
- The terms and conditions of use of the Services,
- The respective obligations of the parties.
Satellite Data: refers to all data collected, processed, and enhanced by RUBICON and made available to the Customer via the Solution.
Export: refers to the feature allowing the Customer to retrieve their Satellite Data in a standard format (CSV, SHP, PDF, or equivalent) at the end of the Services.
Periods: refers to the period during which the User is authorized to access the Solution, as determined by RUBICON or by the Client holding the Account.
Solution: refers to the solution made available by RUBICON in SaaS mode, accessible at the following link: viewer.rubiconexploration.com
Parties: refers to the Customer and RUBICON
Services: refers to the features made available to the Customer via the Solution, as described in the "Description of Services" section.
Company: refers to the company RUBICON as identified in the section "Identification of RUBICON".
Users: refers to the Customer's staff members authorized to use the Solution.
3. Contractual Documents
The contractual relationship between the Customer and RUBICON is governed, in descending order of priority, by the Terms and Conditions.
These Terms and Conditions apply exclusively to End Customers who subscribe directly to the Services from RUBICON. They do not apply to End Customers who have subscribed through an authorized distributor, who are subject to the contractual terms and conditions defined with said distributor.
4. Conditions of access to the Services
(i) The Customer is a legal entity acting through a natural person with the power or authority to enter into contracts on behalf of and for the account of the Customer.
(ii) The Customer is a professional, understood as any natural or legal person acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when acting on behalf of or for the account of another professional.
5. The Services
● Terms and conditions of access and subscription to the Services
RUBICON manages the creation of access for Users and the configuration of their access rights in accordance with the permissions granted for each Account.
Users can log in to the Solution using their username and password.
The Customer is solely responsible for the personal use of the Solution by Users.
● Description of the Services
RUBICON is a company specializing in the collection, enhancement, and analytical processing of radar satellite data related to the environment and security.
It develops and operates the Solution, enabling the Customer to:
● View and analyze this data via geospatial maps, enabling them to extract specific information and facilitate decision-making;
● Collaborate and share all or part of this data with their teams using a secure project download and access management system;
● Ensure the traceability and confidentiality of strategic information through hosting within the European Union, enhanced security protocols, and the option of hosting the solution on a sovereign "SECNUM cloud" offering the highest security standards;
● Benefit from technical support (maintenance, updates, assistance) to guarantee the continuity and reliability of the Services.
The Customer acknowledges that the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which RUBICON is not responsible.
RUBICON's Services involve the provision of a SaaS Solution enabling the Customer's Users to consult, view, store, and share the Satellite Data integrated into the Solution.
RUBICON reserves the right to offer any other Services.
Any request to modify the Services subscribed to shall be subject to an additional quote.
● Additional services
- Maintenance
During the term of the Services, the Customer shall benefit from maintenance, in particular corrective and upgrade maintenance. In this context, access to the Solution may be limited or suspended.
With regard to corrective maintenance, RUBICON shall use its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug detected in the Solution.
With regard to upgrade maintenance, the Customer shall benefit from upgrade maintenance for the duration of the Services, which RUBICON may carry out automatically and without prior notice, and which includes improvements to the Solution's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Solution (aimed at introducing minor or major extensions). RUBICON shall use its best efforts to schedule evolutionary maintenance outside of office hours.
- Hosting
RUBICON shall, under an obligation of means, host the Solution, as well as the Satellite Data added to the Solution, on its servers or through a professional hosting provider, and on servers located within the European Union.
- Technical support
In the event of difficulties encountered when using the Services, the Customer may contact RUBICON at the following email address: support@rubiconexploration.com
Technical support is available Monday through Friday, excluding holidays and public holidays, from 8 a.m. to 6 p.m (CET) Depending on the identified need, RUBICON will estimate the response time and keep the Customer informed.
6. Intellectual property rights
6.1. Intellectual property rights to the Solution
The Solution is the property of RUBICON, as are the software, infrastructure, databases, and content of any kind (text, images, visuals, music, logos, trademarks, etc.) that it uses. They are protected by all intellectual property rights or database producer rights in force. The license that RUBICON grants to the Customer does not entail any transfer of ownership.
The Customer and Users benefit from a non-exclusive and non-transferable SaaS license to use the Solution for the duration specified in the article "Duration of Subscription to the Services."
6.2. Use of Satellite Data
The Satellite Data used in the Solution may come from:
● either from open data sources accessible to the public,
● or from commercial sources for which RUBICON holds the exploitation rights, acquired in its own name.
In the first case, RUBICON uses the open data in accordance with its terms of use.
In the second case, commercial Data is acquired or licensed by RUBICON, which holds the rights to use it. The Customer acknowledges that this Data does not belong to them and that they have no rights to the raw Satellite Data.
RUBICON processes this Data in order to produce the results, analyses, and indicators made available to the Customer as part of the Services. For the duration of the Contract, the Customer has a non-exclusive, non-transferable right of use limited to these results, exclusively for its internal needs.
RUBICON retains all intellectual property rights relating to the commercial Data it acquires, as well as to the processing, algorithms, models, and know-how used to produce the results.
7. Commercial references
The Parties may use their respective names, trademarks, and logos and refer to their respective Solutions as commercial references during the term of their contractual relationship and for three years thereafter.
8. Customer obligations and liability
● Regarding the provision of information
The Customer undertakes to provide RUBICON with all the information necessary for the subscription and use of the Services, including Satellite Data and any technical information useful for their integration into the Solution.
● Regarding the Customer's Account
The Customer:
- Guarantees that the information provided in connection with their subscription to the Services is accurate and undertakes to update it,
- Acknowledges that this information constitutes proof of its identity and is binding upon its validation,
- Is responsible for maintaining the confidentiality and security of their username and password. Any access to the Solution using these credentials is deemed to have been made by them.
The Customer must immediately contact RUBICON at the contact details mentioned in the article "Identification of RUBICON" if they notice that their Account has been used without their knowledge. They acknowledge that RUBICON will have the right to take all appropriate measures in such cases.
● Regarding the use of the Services
The Customer undertakes to actively collaborate with RUBICON during the configuration phase.
The Customer is responsible for their use of the Services and any information they share in this context. They are also responsible for the use of the Services and any information shared by Users. They undertake to ensure that the Services are used exclusively by them and/or Users, who are subject to the same obligations as them in their use of the Services.
The Customer shall refrain from misusing the Services for purposes other than those for which they were designed, and in particular for:
- Engaging in illegal or fraudulent activity,
- Undermining public order and morality,
- Harming third parties or their rights in any way whatsoever,
- Violating any contractual, legislative, or regulatory provision,
- Engaging in any activity that interferes with a third party's computer system, in particular for the purpose of violating its integrity or security,
- Carry out maneuvers aimed at promoting your services and/or sites or those of a third party,
- Assist or incite a third party to commit one or more of the acts or activities listed above.
The Customer also agrees not to:
- Copy, reproduce, modify, or misappropriate any element belonging to RUBICON or any concept that it exploits in connection with the Services, in particular for competitive purposes,
- Engaging in any behavior that interferes with or misuses RUBICON's computer systems or compromises its IT security measures,
- Infringing on the Company's financial, commercial, or moral rights and interests,
- Marketing, transferring, or giving access in any way to the Services, the information hosted on the Solution, or any element belonging to RUBICON.
The Customer shall refrain from adding to the Solution any Satellite Data or any document (this list is not exhaustive):
- That violate public order and morality (pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
- Infringing on the rights of third parties (infringing content, infringement of personality rights, etc.) and more generally violating a contractual, legislative, or regulatory provision,
- Prejudicial to third parties in any way whatsoever,
- False, misleading, or proposing or promoting illegal, fraudulent, or deceptive activities,
- Harmful to the computer systems of third parties,
- Or containing sensitive or confidential data without the necessary legal or contractual precautions having been taken by the Customer.
The Customer shall indemnify RUBICON against any claim and/or action that may be brought against it as a result of the Customer's breach of any of its obligations. The Customer shall compensate RUBICON for any loss suffered and reimburse it for any sums it may have to pay as a result.
9. Obligations and liability of RUBICON
RUBICON undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.
RUBICON undertakes to comply with the regulations in force, particularly with regard to data protection, cybersecurity, and trade secrets.
● Regarding the quality of the Services
RUBICON shall use its best efforts to provide the Customer with high-quality Services.
To this end, it regularly carries out checks to verify the functioning and accessibility of its Services and may thus perform maintenance under the conditions specified in the "Maintenance" section.
However, RUBICON is not responsible for any temporary difficulties or impossibility of accessing its Services that may arise from:
- Circumstances beyond its control (including partial or total failure of the Customer's servers),
- The failure of equipment, cabling, services, or networks not included in its Services or not under its responsibility,
- The interruption of Services due to telecom operators or internet service providers,
- The Customer's intervention, in particular through incorrect configuration of the Services,
- A case of force majeure.
RUBICON is responsible for the operation of its servers, the external limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the Services:
- Subject to constant research to improve their performance and progress, will be completely free of errors, faults, or defects,
- Being standard and in no way tailored to the Customer's personal constraints, will specifically meet its needs and expectations.
● Regarding the backup and confidentiality of Satellite Data
RUBICON makes every effort to back up all data produced by the Solution and/or entered into the Solution by the Customer.
Except in the event of proven fault on the part of RUBICON, it shall not be liable for any loss of data during maintenance operations.
RUBICON expressly refrains from any use, reproduction, or exploitation of Satellite Data for purposes other than the provision of Services, and guarantees the Customer the confidentiality of such Data.
● Regarding data storage and security
RUBICON provides sufficient storage capacity for the operation of the Services.
RUBICON makes every effort to ensure data security by implementing measures to protect the infrastructure and the Solution, detect and prevent malicious acts, and recover data.
RUBICON undertakes to delete the Customer's data from the Solution within 3 months of the end of the Services.
● Regarding the use of subcontractors and assignment
RUBICON may use subcontractors in the performance of the Services, who are subject to the same obligations as RUBICON in the performance of their work. However, RUBICON remains solely responsible to the Customer for the proper performance of the Services.
RUBICON may substitute any person who will be subrogated to all its rights and obligations under its contractual relationship with the Customer. Where applicable, it shall inform the Customer of this substitution by any written means.
10. Limitation of RUBICON's liability
RUBICON's liability is limited solely to proven direct damages suffered by the Customer as a result of using the Services.
With the exception of bodily injury, death, and gross negligence, and subject to having submitted a claim by registered letter with acknowledgment of receipt within one month of the occurrence of the damage, RUBICON's liability shall not exceed the amounts it has received during the 12 months preceding the event giving rise to liability or the duration of the provision of its Services if this period is shorter.
RUBICON assumes no responsibility for the quality, accuracy, completeness, or relevance of the Satellite Data provided by the Customer, which remains the sole responsibility of the latter.
11. Acceptable forms of evidence
Proof may be established by any means.
The Customer is informed that messages exchanged via the Solution and data collected on the Solution and RUBICON's computer equipment constitute one of the accepted forms of evidence, in particular to demonstrate the reality of the Services performed and the calculation of their price.
12. Terms and conditions for the processing of personal data
12.1. General provisions
The Parties undertake, each for their own part, to comply with all legal and regulatory obligations incumbent upon them with regard to the protection of personal data under Regulation (EU) 2016/679 of April 27, 2016 on the protection of personal data.
For the purposes of managing the contractual relationship between the Parties, each Party processes the personal data of its contacts at the other Party as a data controller within the meaning of the applicable Regulations, for the duration of the Services. This processing is necessary for the proper performance of the Services and only concerns the contact persons' identification data (in particular surname, first name, email address, telephone number). This data is kept for the period strictly necessary for the management of the contractual relations between the Parties.
The Parties' staff, their control departments (in particular auditors) and their subcontractors may have access to the personal data collected.
This processing may give rise to the exercise by the Parties' contacts of their rights under the applicable Regulations, namely: (i) to obtain communication and, where applicable, rectification or deletion of data concerning them, (ii) to request erasure or restriction of processing, (iii) to object to the processing on legitimate grounds, (iv) to request the portability of data concerning them, in order to retrieve and store it, and (v) to lodge a complaint with a competent supervisory authority.
12.2. Exclusions
The Customer undertakes not to include in the Satellite Data any personal data other than that strictly necessary for the use of the Solution. In the event of a breach of this undertaking, the Customer shall be solely responsible for the processing operations concerned.
13. Force majeure
RUBICON cannot be held liable for any failure or delay in the performance of its contractual obligations due to a case of force majeure occurring during the term of its relationship with the Customer, as defined in Article 1218 of the Civil Code.
If RUBICON is prevented from performing its obligations due to a case of force majeure, it must inform the Customer by registered letter with acknowledgment of receipt. The obligations shall be suspended upon receipt of the letter and shall be resumed within a reasonable period of time after the cessation of the case of force majeure.
RUBICON shall nevertheless remain bound to perform those obligations that are not affected by force majeure.
14. Penalties for breach
The following constitute essential obligations towards the Customer.
- payment of the price,
- not providing RUBICON with incorrect or incomplete information,
- observe the usual rules of politeness and courtesy in exchanges with RUBICON,
- not use the Services for a third party,
- not engage in illegal or fraudulent activities or activities that infringe on the rights or security of third parties, undermine public order, or violate applicable laws and regulations.
In the event of a breach of any of these essential obligations, RUBICON may:
- suspend or terminate the Customer's access to the Services,
- delete any Satellite Data related to the breach,
- publish any information message that RUBICON deems useful on the Solution,
- notify any competent authority, cooperate with it, and provide it with all information useful for the investigation and prosecution of illegal or illicit activities,
- take any legal action.
These penalties are without prejudice to any damages that RUBICON may claim from the Customer.
In the event of a breach of any obligation other than an essential obligation, RUBICON shall request the Customer in writing to remedy the breach within a maximum period of 15 calendar days. The Services shall terminate at the end of this period if the breach is not remedied.
The termination of the Services will result in the deletion of the Customer's Account and Customer data from the Solution within 3 months.
At the end of the Services, the Customer may retrieve their Satellite Data via the Export feature in a standard format (CSV, SHP, PDF, or equivalent).
15. Modification of the Terms and Conditions
RUBICON may modify its Terms and Conditions at any time and shall inform the Customer by any written means (including email) at least 45 calendar days before they come into effect.
The amended Terms and Conditions shall apply upon renewal of the Customer's Subscription.
If the Customer does not accept these changes, they must terminate their Subscription in accordance with the terms set out in the "Termination of Services" section.
If the Customer uses the Services after the amended Terms and Conditions come into effect, RUBICON will consider that the Customer has accepted them.
16. Applicable law and competent courts
The Terms and Conditions are governed by French law.
In the event of a dispute between the Customer and RUBICON, and in the absence of an amicable agreement within two months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by law.