GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

The terms used herein and listed below shall always have the meaning given to them in this Article.

-          “Advanced" Service: refers to the Advanced Service level defined in Article 3.6;

-          Article: refers to any of the articles in these GTCU;

-          API: an acronym for Application Programming Interface, a software interface that connects one software application or service to another in order to exchange data and functionality;

-          BOH: acronym for "Back Of House", corresponding to all areas not accessible to the client within the facility such as staff areas, offices, laundry, Kitchen…;

-          Budget(s): refers to the different types of estimated budgets made available to Users depending on the Service subscribed to (see the Comparative Table for an overview);

-          Comparative Table: refers to the table comparing the main functions of the Services, which can be found in Article 3.8;

-          Confidential Information: refers to any information that Users may transmit to FIGURZ, whatever its nature or medium or its medium ; this includes, but is not limited to, (i) any technical, operational or commercial information relating to the Projects, and in particular (ii) any solutions, products, technologies, software, know-how, tangible or intangible results of studies, information on customers and/or prospects, corporate strategies, and (iii) any information identified as "confidential";

-          “Consultancy” Service: refers to the level of “Consultancy Service” defined in Article 3.7;

-          Facility(s): refers to one or more Facilitys open to the public, housing individual(s) or collective(s), private or public, whose opening is envisaged as part of a Project;

-          FF&E: Furniture, Fixtures and Equipment, i.e. furniture, accessories and equipment, mostly prescribed by an interior designer, where aesthetics are generally more important than use: furniture, lighting, curtains, etc. ;

-          FIGURZ: refers to FIGURZ, a simplified joint stock company with capital of €1,000, having its registered office at 13, rue de Béarn, 75003 Paris, registered in the Paris Trade and Companies Register under number 981 386 063;

-          FIGURZ Tool: refers to the set of digital tools made available to Users by FIGURZ on the Website for estimating Budgets and Schedules;

 -          “Flash" Service: refers to the level of "Flash" Service defined in Article 3.3;

-          Glossary: refers to the glossary accessible under the "Glossary" tab on the Website, consisting of simplified definitions, without legal value, of the main terms relating to the interior design and construction professions;

-          Interface Website: third-party websites which the User can access via the Website;

-          Linked Content: refers to the content made available on the Interface Websites;

-          “One Shot” Service: refers to the One Shot Service level defined in Article 3.4;

-          OS&E: Operating, Supplies & Equipments, i.e. operating equipment and supplies, mainly prescribed by the operator of a facility and whose use is generally more important than their appearance: minibars, spatulas, hoovers, etc.;

-          Party(ies): refers to the User and/or FIGURZ;

-          Personal Account: refers to the interface of the User who has subscribed to the "Flash" Service or the "Premium" Service;

-          Personal Data: in accordance with the regulations applicable to Personal Data (General Data Protection Regulation of 25 May 2018, No. 2016/679 "GDPR" and the Data Protection Act No. 78-17 as amended), means any personal data relating to an individual User that directly or indirectly enables his/her identification, and which is processed by FIGURZ;

-          “Premium” Service: refers to the Premium Service level defined in Article 3.5;

-          Project(s): refers to one or more development projects with facilities that are opened to the public, individual or collective housing, private or public;

-          Project Program: configuration incorporating the characteristics of the Facilities (restaurant, SPA, garden, distribution of suites, etc.);

-          Questionnaire: refers to the questions asked when using the FIGURZ Tool, which vary from the most general to the most specific depending on the Service subscribed to;

-          Quick Tips: refers to the general recommendations made by FIGURZ following use of the Services;

-          Service(s): refers to one or more Services, defined in Article 3, made available by FIGURZ via the Website;

-          Responsibility Matrix: refers to an informative, non-contractual document detailing the role of each party from purchase to installation for each product category;

-          Schedule(s): refers to the different types of estimated schedules made available to Users depending on the Service subscribed to (see the Comparison Table for an overview, line "Duration");

-          User: natural person using one or more Services;

-          Visitor: an individual who has not used/subscribed to one or more Services but who is browsing the Website;

-          Website: refers to the Internet Website operated by FIGURZ and accessible via the following link https://www.figurz.eu.

3.1 Different levels of Services ("Flash", "Advanced", "Premium", “Consultancy”) - The Website provides Users with different levels of Services, which are detailed in Articles 3.2 to 3.8 below.

A Comparative Table is provided in Article 3.8. 

3.2 Essential features of the Services - The Website provides the FIGURZ Tool which enables Users to access Budgets and Schedules instantly after completing the Questionnaire.

 The estimates proposed by the FIGURZ Tool (i.e. Budgets and Schedules) are calculated using the data entered by Users on the Website, in response to the questions asked (for example: "What standard of accommodation do you envisage?", "How many rooms?", etc.) in the Questionnaire.

 To determine a Budget and/or a Schedule, the FIGURZ Tool takes into account exclusively the information provided to FIGURZ.

3.3 "Flash" Service - The "Flash" Service is the first estimation service offered by FIGURZ, accessible following the creation of a Personal Account under the conditions set out in Article 4.

The "Flash" Service is intended for Users who are in the process of defining their Project and deciding how to finance it.

The Flash "Service" is entirely free.

Budgets and schedules are obtained immediately following responses to the Questionnaire and will be accompanied by brief explanatory comments.

The User will then be able to rate the Budgets and Schedules and share them with one or more recipients by email.

Users will also be able to subscribe to the ‘Advanced’ or ‘Premium’ Services directly from their Personal Account - it being specified that before subscribing to the ‘Premium’ Service, Users will be given a preview of the specific personal area of the FIGURZ Tool referred to in article 3.5 below (without being able to use it).

At the end of the use of the Flash service, and based on the information provided, the user will receive an email at each critical phase of the project containing brief recommendations.

The purpose of these quick recommendations is to highlight potential points of concern and, where appropriate, suggest additional consulting services. These emails do not, under any circumstances, constitute a newsletter.

The sending schedule depends on each project and its progress. Client and/or project information will not be shared with any partners unless the user expressly requests it for specific needs. The user may, if they wish, opt out of receiving these recommendations by submitting a written request to FIGURZ.

3.4 "One Shot" Service – The "One Shot" Service allows Users, during the planning and conceptualization phase of a Project, to benefit from an enhanced version of the "Flash" Service through the provision of additional information (for example: “adjust fit-out to be integrated into the Budgets,” “define the type of destinations (mountain, seaside, countryside, urban),” “modify the size of common areas”) communicated by the User during a telephone conversation with FIGURZ.

The User of the "One Shot" Service shall schedule a telephone or video-conference appointment with one or more members of the FIGURZ teams (employees, partners, executives) via an API implemented on the Website, after having paid the fee in accordance with the general terms and conditions of sale. Upon payment, the appointment shall be confirmed for the telephone consultation, which shall not exceed fifteen (15) minutes.

Upon receipt of the Budgets and Timelines, the User may request modification the same day from FIGURZ in accordance with the general terms and conditions of sale.

Subscription to the "One Shot" Service automatically includes a subscription to the "Flash" Service.

3.5 "Premium" Service – The "Premium" Service enables Users, in the planning and conceptualization phase of one or more Projects, to benefit from the "Flash" Service on an unlimited and flexible basis, in an enhanced version thanks to additional information (for example: "adjust the fit-out to be included in the Budgets", "define the type of destinations (mountain, sea, countryside, city)", "vary the size of public areas") provided by the User within a specific personal area of the FIGURZ Tool.

This service allows the User to update Budgets and Schedules throughout the entire lifecycle of the Project. The User may manually modify estimates, perform the "Advanced" Service, or validate the Project as is until the next update.

Budgets may evolve through periodic updates aligned with the various phases of the Project.

At the end of the Project, the User will be able to measure any discrepancies using performance indicators ("KPIs").

The User of the "Premium" Service also benefits from the ability to adjust responses to the Questionnaire based on the progress of the Project.

The "Premium" Service is accessible either after using the "Flash" Service or directly via the "Services" tab on the Website.

The "Premium" Service requires the creation of a Personal Account by the User, under the conditions defined in Article 4, on which the Budgets and Schedules generated through the various uses of the FIGURZ Tool will be displayed.

The User may share the FIGURZ Budgets and Schedules with one or more recipients (including relevant Project stakeholders).

The User also benefits from recommendations aligned with the various phases of the Project.

The "Premium" Service is subject to a per-project or monthly subscription with a minimum commitment of 6 months. It may be terminated in accordance with the general terms and conditions of sale.

Budgets and Schedules obtained under the "Premium" Service are for the exclusive use of the User.

All documents issued during the User journey of the "Premium" Service are the exclusive property of FIGURZ.

In addition to these recommendations, upon completion of a hotel simulation under the Premium service, and based on the information provided, the user will receive an email at each critical phase of the project containing brief recommendations.

The purpose of these quick recommendations is to highlight potential issues and, where appropriate, suggest additional consulting services.

These emails do not, under any circumstances, constitute a newsletter. The sending schedule depends on each project and its progress. Client and/or project information will not be shared with any partners unless the user expressly requests it for specific needs.

The user may, if they wish, opt out of receiving these recommendations by submitting a written request to FIGURZ.

3.6 "Advanced" Service – The "Advanced" Service enables Users, during the planning and conceptualization phase of their Project, to access Budgets and Schedules that incorporate the Project Program.

The "Advanced" Service is accessible:

-          either after using the "Flash" or "Premium" Service. Upon obtaining Budgets and Schedules through one of these Services, the User may generate a one-time-use code allowing subscription to the "Advanced" Service, it being understood that the code will identify the Project for which Budgets and Schedules were estimated via the "Flash" or "Premium" Service;

-          or directly from the “Services” tab on the Website.

Incorporating the Project Program into the FIGURZ Tool enables the generation of a detailed Questionnaire, including parameters such as room mix, number of seats for each type of restaurant within the Facility, etc.

Responses to the Questionnaire—where applicable with FIGURZ’s assistance—comprising general and specific questions, combined with a thirty-minute telephone conversation with one or more members of the FIGURZ teams (scheduled via an API on the Website after subscribing to the "Advanced" Service), will result in the creation of personalized Budgets and Schedules.

Budgets and Schedules will be delivered within 48 hours (this timeframe is indicative, excluding weekends and public holidays) following completion of the Questionnaire and payment in accordance with FIGURZ’s general terms and conditions of sale. They will be accompanied by a document detailing the Responsibility Matrix and Quick Tips.

If the User completes the Questionnaire but does not pay for the "Advanced" Service as per the general terms of sale, the information entered regarding the Project will be retained by FIGURZ in accordance with its confidentiality policy.

The User is solely responsible for the accuracy of the information provided.

FIGURZ will only include responses to the questions submitted in its study. The "Advanced" Service does not include the analysis of any documents. Should the User wish to have documents reviewed or request any services beyond those subscribed, they must make a formal request to benefit from the "Consulting" Service, the cost of which shall be determined pursuant to the general terms and conditions of sale.

The User may then share the Budgets and Schedules generated by FIGURZ with one or more recipients.

Provided that the User makes no modifications whatsoever to the Budgets, Schedules, or any other document or information provided by FIGURZ under the "Advanced" Service, they may transmit these materials to their client under the conditions outlined in the general terms and conditions of sale.

Subscription to the "Advanced" Service automatically includes access to the "Flash" Service.

3.7 "Consulting" Service – The "Consulting" Service enables Users, during the planning and conceptualization phase of one or more Projects, or during the execution phase of a Project, to benefit from a 30-minute videoconference with one or more members of the FIGURZ teams (employees, partners, managers), during which the User may:

-          ask questions relating to FF&E / OS&E in connection with their Project(s);

-          request the analysis of specific documents within FIGURZ’s area of expertise; or

-          request FIGURZ’s participation in specific meetings falling within its scope of competence.

Use of the “Flash” and “Premium” Services requires the creation of a Personal Account, on which Budgets, Schedules and, where applicable, Responsibility matrix and Quick Tips will be recorded (except for the “Flash” Service). The “One Shot”, “Advanced” and “Consulting” Services do not require the creation of a Personal Account.

The Personal Account is created on the Website by the User by means of a username and password chosen by the User. FIGURZ excludes all liability related to the choice or use of the username, password and/or Personal Account.

All information concerning the Personal Account must be accurate. The User is responsible for maintaining the strict confidentiality of their username and password, and is liable for all operations carried out through the Personal Account.

The User undertakes to create only one Personal Account and not to create or use any account other than the one initially created, whether under their own identity or that of a third party.

The User agrees to immediately inform FIGURZ of any unauthorized use of the Personal Account, password and/or login, and more generally of any security breach that they become aware of concerning their Personal Account and/or the Website.

The User also undertakes not to commercialize individual Budgets on behalf of third parties. Failing this, their Personal Account will be deleted and they may be held liable.

The User may at any time request the deletion of their Personal Account by contacting FIGURZ at the following email addresses: gaetan@figurz.eu or martin@figurz.eu.

5.1 The User is responsible for the use they make of the Website, in particular their Personal Account.

To the fullest extent permitted by applicable laws and regulations, FIGURZ disclaims all liability for any losses, costs, or damages (direct or indirect) incurred by the User as a result of using the Website, including those resulting from any discrepancy between the Budgets and Schedules calculated by FIGURZ under one or more Services and the actual budgets and schedules of the Project(s).

The Website is provided “as is”; use of the Website is at the User’s own risk. FIGURZ excludes all implied or express warranties, including but not limited to its fitness for a particular purpose, accessibility, availability, ergonomics, performance, or content.

Notwithstanding the foregoing, FIGURZ takes reasonable measures to ensure the security of the Website. However, the User acknowledges that the Internet is not a fully secure medium. Consequently, the User accepts and acknowledges that FIGURZ cannot guarantee that the information or content published or communicated via the Website is entirely protected against any unauthorized use or access.

FIGURZ reserves the right to suspend access to the Website, either temporarily or permanently, for any reason, including maintenance or emergency, without prior notice or compensation and without incurring any liability.

5.2 From the Website, the User is informed that they may access Interface Websites.

These Interface Websites are displayed on the Website via an application programming interface or any other interfacing method.

FIGURZ disclaims all liability for the User’s access to and/or use of the Interface Websites and/or Linked Content, and for any direct or indirect damages that may result therefrom.

FIGURZ reserves the right to delete all or part of the Linked Content appearing on the Website for any reason whatsoever.

FIGURZ does not edit, host, or store any Linked Content, including content transmitted by the User to the Interface Website.

The terms and conditions governing the use of the Linked Content are defined by the Interface Website. The User is invited to consult them.

6.1 Users acknowledge that they will be required to communicate Confidential Information to FIGURZ, gradually depending on the Service subscribed to.

6.2 In order to protect the confidential nature of the Confidential Information, FIGURZ undertakes under the terms of the GTCU to:

• (a) Maintain absolute confidentiality of Confidential Information;

• (b) not to communicate the Confidential Information to any third party, except with the prior written consent of the User having communicated the Confidential Information concerned;

• (c) use Confidential Information only for the purposes of carrying out the Service subscribed to by the User.

The content of the Website, including but not limited to images, photographs, drawings, logos, trademarks, texts, pictograms, icons, tree structure, sounds, videos, software (architecture, interface, codes) and databases, is protected by intellectual property law.

Access to and use of the Website does not give the User any right or title to this content, in particular no right of license. Any reproduction, representation, distribution, decompilation, extraction, downloading or copying of all or part of the content of the Website is prohibited.

When accessing the Website, and when using the Services offered by the Website, Users may be asked to provide Personal Data (except when using the "Starter" Service), in particular in order to create and use their Personal Account.

Users are solely responsible for the relevance and accuracy of the personal data they communicate to FIGURZ via the Website.

By using the Website, all Users accept the Confidentiality and Cookies Policy accessible on the Website.

These GTCU and any acts resulting from them are governed by French law.

These GTCU are written in French, as is all the information mentioned on the Website. In the event of a translation of these GTCU, only the French version will be deemed authentic between the Parties.

Any questions or complaints regarding these GTU should be sent to FIGURZ by registered post with acknowledgement of receipt or by email to gaetan@figurz.eu. FIGURZ will do its best to answer any question or complaint.

Any dispute relating to these GTCU which has not been resolved amicably between the Parties within a maximum period of thirty (30) days from the date on which it arose will fall within the jurisdiction of the Commercial Court of Paris to which the matter has been referred by the most diligent Party, to which the Parties give exclusive jurisdiction regardless of the place of domicile of the defendant or the place of the damage suffered.

10.1 Severability - If any provision or part thereof is or becomes invalid, illegal or unenforceable, it must be amended to the minimum extent necessary to make it valid, legal and enforceable. If such amendment is not possible, the whole or partial provision concerned must be deleted. Any modification or deletion in whole or in part of any provision under this clause shall not affect the validity and enforceability of the remainder hereof.

The fact that FIGURZ does not invoke the application of one or more provisions of these GTCU shall not be interpreted as a waiver of the rights arising therefrom.

In the event of a contradiction between the title of an Article and its content, the content shall prevail.

10.2 Glossary - Visitors to or Users of the Website have free access to the Glossary.

10.3 Recommendations - FIGURZ strongly recommends that all players in the value chain give priority to local or neighboring sourcing and anticipate the life cycle of the elements sourced.

FIGURZ also recommends involving a specialist consultant to finalize the Project budgets and schedules.