Terms of Use

Introduction

These General Terms of Use (hereinafter the “TOS”) set out the terms and conditions under which Creates.Community (hereinafter the “Company”) makes its software platform (hereinafter the “Platform”) available to its corporate clients (hereinafter the “Clients”) and the end users designated by those Clients (hereinafter the “Users”).

These TOS constitute a contract between the Company, as the publisher of the Platform, and:

The Client: a legal entity subscribing to a subscription or usage contract on behalf of its organization;
The Users: natural persons accessing the Platform under the Client’s designation and responsibility.

Purpose of these TOS

These TOS aim to:

Define the respective rights and obligations of the Company, the Clients, and the Users with regard to the use of the Platform and related services;
Establish the general rules for accessing, subscribing to, and using the services, in accordance with current laws and regulations;
Ensure the lawful, secure, and compliant use of the Platform, by detailing the responsibilities and limitations of the parties.

Relationship Between the Company, the Client, and the Users

1. Role of the Company

The Company acts as the publisher and operator of the Platform, which it makes available to Clients so that their employees or other designated Users can access digital tools and services related to skill management, human resource optimization, and the automation of internal processes.
The Company has a best-efforts obligation to ensure the continuity, availability, and quality of the services offered on the Platform, in accordance with contractual provisions and these TOS.

2. Role of the Client

The Client, a legal entity subscribing to a contract or subscription, is the primary holder of access rights to the Platform for its organization.
The Client is responsible for:
- Designating which Users are authorized to access the Platform;
- Implementing the technical and organizational conditions required for compliant use of the Platform in accordance with the TOS;
- Fulfilling its contractual obligations toward the Company.

3. Role of the Users

The Users, natural persons authorized by the Client, access the Platform under the Client’s exclusive responsibility.
Each User undertakes to use the Platform in accordance with these TOS, all applicable laws and regulations, and any instructions defined by the Client and/or the Company.

Acceptance of the TOS

By accessing the Platform, the Client and the Users acknowledge that they have read these TOS and accept them in full without reservation.

For the Client, this acceptance is formalized by signing the contract or subscribing to a plan.
For the Users, access to the services is subject to acceptance of the TOS upon first logging into the Platform or chatbot.

If a User refuses to accept the TOS, they are prohibited from accessing the Platform and its related services. Any subsequent use constitutes tacit acceptance of these TOS.

Enforceability of the TOS

The TOS become binding:

On the Client, from the moment the contract is subscribed to or the subscription is activated;
On the Users, from their first login to the Platform.

The version of the TOS that applies is the one in force at the time the services are used or at the time of contract conclusion. The Company reserves the right to amend the TOS under the conditions specified in Article 16 of these TOS.

1. Identification of the Publisher and the Host

1.1 Identification of the Publisher

This website, accessible at https://creates.community, is published by Creates.Community, a simplified joint-stock company (SAS) with share capital of €192,001, registered with the Lille Métropole Trade and Companies Register under number 939 100 350, with its head office located at:

165 Avenue de Bretagne, 59000 Lille, France.

Creates.Community can be contacted:

By mail at:
165 Avenue de Bretagne, 59000 Lille, France
By email at:
contact@creates.community

1.2 Identification of the Host

The website is jointly hosted by:

Amazon Web Services (AWS)

Business Name: Amazon Web Services EMEA SARL
Address: Tour Carpe Diem, 31 Place des Corolles, 92400 Courbevoie, France
Telephone: +33 1 46 17 10 00
Email: aws-emea-info@amazon.com

OVHcloud

Business Name: OVH SAS
Address: 2 Rue Kellermann, 59100 Roubaix, France
Telephone: 1007 (from France) or +33 9 72 10 10 07 (international)
Email: support@ovhcloud.com

These mentioned hosts ensure the availability, security, and maintenance of the servers where the site’s data is stored, in accordance with legal and contractual provisions.

1.3 Responsibility of the Publisher and the Host

The Publisher is responsible for the content published on the Platform, in accordance with applicable legal provisions.
The Host acts as a technical intermediary and assumes no responsibility for the hosted content, except in cases provided for by law, particularly upon notification of manifestly unlawful content.

2. Definitions

For the purposes of these General Terms of Use (TOS), the following terms, when capitalized, have the meanings assigned below, whether used in the singular or plural:

2.1 Client

Refers to any legal entity that has subscribed to a contract or a plan with the Company to access the Platform’s Services, for the purpose of making them available to its employees, partners, or any other category of Users defined in the contract.

2.2 User

Refers to any natural person accessing the Platform in their capacity as an employee, partner, consultant, or third party designated by the Client, under its responsibility, and who holds a User Account to access the Services.

2.3 User Account

Refers to the secure personal space, accessible after authentication, created for a User on the Platform, allowing access to the Services according to the access rights defined by the Client or the Company.

2.4 Platform

Refers to all the digital tools provided by the Company, including the website accessible at creates.community, any chatbots, any mobile applications, and the associated technological infrastructure enabling access to the Services.

2.5 Service(s)

Refers to all functionalities and offerings provided by the Company through the Platform, notably:

Tools for skill management and internal mobility within organizations;
Data analysis and visualization solutions related to human resources;
Tools for automating HR processes;
AI-driven features, including chatbots integrated into corporate conversational tools;
Any other service developed by the Company and specified in the contract or applicable annexes.

2.6 Company

Refers to Creates.Community, a simplified joint-stock company (SAS) with share capital of €192,001, registered with the Lille Métropole Trade and Companies Register under number 939 100 350, with its head office located at 165 Avenue de Bretagne, 59000 Lille.

2.7 Content

Refers to any element, file, data, or information placed, generated, shared, or made available via the Platform by the Company, the Client, or the Users, including but not limited to text, images, videos, graphics, reports, and interactive documents.

2.8 Personal Data

Refers to any information allowing the direct or indirect identification of a natural person, as defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “GDPR”) and the amended French Data Protection Act (Informatique et Libertés).

Refers to the information required for the authentication of Users or Client Administrators to access the Services. This information may include, as applicable:

A username (login) and a confidential password, created or assigned by the Client or the Company;
Identification details transmitted via a Single Sign-On (SSO) system, allowing Users to log in directly to the Platform using their professional or corporate credentials.

The confidentiality and security of these Login Credentials fall under the responsibility of the Client and the Users, in accordance with these TOS.

2.10 Partner

Refers to any legal or natural person with which the Company has entered into a contractual agreement to provide services complementary or related to those of the Platform, and whose services may be accessible via the Platform.

2.11 Privacy Policy

Refers to the document separate from these TOS, accessible on the Platform, which details how the Users’ and the Client’s Personal Data is collected, processed, and protected.

2.12 Unlawful Content

Refers to any content or information that contravenes current legal or regulatory provisions, or infringes on third-party rights or public order, including but not limited to defamatory, discriminatory, hateful, obscene, violent content or content inciting illegal activities.

2.13 Client Administrator

Refers to the individual(s) designated by the Client to manage User access to the Platform, configure rights and settings related to the Services, and serve as the liaison with the Company.

2.14 Force Majeure

Refers to any external, unforeseeable, and unavoidable event as defined in Article 1218 of the French Civil Code and French case law, making it impossible to perform the obligations set out in these TOS.

2.15 Mediator

Refers to an independent third party that the parties may involve in the event of a dispute, in accordance with these TOS and applicable regulations.

2.16 Host

Refers to the technical service provider in charge of hosting the Platform’s technological infrastructure and data, in accordance with legal and contractual provisions.

2.17 Subscription

Refers to the contractual arrangement taken out by the Client to access the Services, including payment terms, duration, and specific usage conditions.

2.18 Notification

Refers to any official communication carried out by the Company or the Client under these TOS, by electronic or written means, in accordance with the specified modalities.

3. Acceptance of the General Terms of Use (TOS)

3.1 Acceptance Methods

Accessing, browsing, registering for, or using the services offered on the Platform accessible at creates.community implies full and unconditional acceptance, without reservation or restriction, of these General Terms of Use (TOS) by:

The Client, as a legal entity that has subscribed to a plan or contract with the Company for using the Services;
The Users, as natural persons accessing the Platform as employees or authorized third parties designated by the Client.

Acceptance of the TOS occurs as soon as the Client or any of its Users first uses the Platform or its Services. This acceptance forms a legally binding agreement between Creates.Community (hereinafter the “Company”) and the accepting party, defining the rights and obligations of each party.

If the Client or any of its Users disagrees with any part of these TOS, they are prohibited from accessing the Platform or using the Services.

3.2 Enforceability of the TOS

The TOS are binding on the Client and its Users upon acceptance, which takes place under the conditions described in this article. They remain in effect for as long as the Services are used, unless terminated or modified in accordance with these provisions.

The Company reserves the right to amend or update the TOS at any time, particularly to comply with legislative, regulatory, or technological developments, or to improve the Services.

Any amendments to the TOS will be notified to the Client by any appropriate means, including via the Platform or by electronic communication.

The amendments are deemed accepted and binding once published online, unless a legal or contractual provision requires the Client’s express consent. It is the Client’s responsibility to inform its Users of the changes and to ensure they comply with the new TOS provisions.

The Client and its Users are encouraged to regularly consult the TOS to be aware of any updates. Continued use of the Services by the Client or its Users constitutes acceptance of the modified TOS.

3.3 Refusal of the TOS or Their Amendments

If the Client refuses these TOS or any subsequent amendments, the Client may terminate its subscription or contract in accordance with these TOS and/or the contract signed with the Company.

A User who refuses the TOS or their amendments must immediately cease accessing the Platform and the Services.

In such a case, the Client must request, if necessary, the deactivation or deletion of the relevant User Accounts, in accordance with the procedures set out in these TOS.

4. Description of the Services

4.1 Nature of the Services

The Creates.Community Platform (hereinafter the “Platform”) is a SaaS (Software as a Service) solution designed for companies (hereinafter the “Clients”) to manage skills and optimize human resource processes. The services offered include, without limitation:

Creating, managing, and consulting databases related to employee skills;
Analyzing and visualizing HR data, including reporting tools and interactive dashboards;
Managing internal mobility and strategic HR planning;
Integrating an intelligent chatbot to automate and facilitate interactions with HR data;
Generating customized reports and analyses to support strategic decision-making;
Tools to help identify skill requirements and plan training within companies.

Creates.Community reserves the right to modify, add, or remove any service, provided it gives prior notice to the Client in accordance with these TOS.

4.2 Distinction Between Free and Paid Services

4.2.1 Free Services

Certain basic services may be available free of charge. Such services may include limited access to specific Platform features, such as a demo mode or a trial period defined in a promotional offer. The terms of these free services are specified on the Platform and may be modified at any time by Creates.Community.

4.2.2 Paid Services

Full access to the Platform’s advanced features is subject to subscribing to a plan or paying for specific services. The relevant financial terms are set out in the General Terms of Sale (GTS), including:

Rates in euros, excluding taxes (HT);
Payment terms (monthly, annual, or one-time);
Renewal, termination, and refund conditions.

The Client is responsible for managing the access rights of its designated Users, in accordance with its subscription or contract with the Company.

4.3 Conditions of Access to the Services

4.3.1 User Account

Access to the Platform requires the Client to create an account. This account is used to designate Users within the Client’s organization. User information may be automatically retrieved through the information system (IS), the Human Resources Information System (HRIS), or a Single Sign-On (SSO) authentication system, if enabled by the Client.

Each User must provide accurate, complete, and up-to-date information when creating or syncing their account. The Client is responsible for ensuring that its Users’ information is regularly updated, particularly in the event of any data changes in the IS or HRIS.

Login credentials (username and password, or their equivalent in an SSO environment) are strictly personal and confidential. Any fraudulent or unauthorized use of the accounts must be immediately reported to Creates.Community by the Client.

4.3.2 Eligibility

Use of the services is reserved exclusively for:

Companies or organizations that have subscribed to a plan with the Company;
Natural persons designated as Users by the Client and having full legal capacity.

4.3.3 Subscriptions and Duration

Access to paid services is subject to:

A monthly or annual subscription plan, automatically renewed unless terminated within the contractual deadlines specified in the GTS;
Or a one-time payment for specific services (e.g., generating customized reports).

Details regarding the duration, renewal, and termination of subscriptions are specified in the GTS.

4.3.4 Access Restrictions

The Company reserves the right to suspend or restrict access to the Platform and its services in the following cases:

Non-compliance with these TOS by the Client or one of its Users;
Non-payment of amounts owed for paid services;
Fraudulent or illegal activities or any actions undermining the integrity of the Platform or data security.

4.4 Updating and Maintenance of the Services

Creates.Community strives to provide continuous and secure service but does not guarantee uninterrupted availability of the Platform.

Maintenance or updates may result in temporary interruptions. The Company will make every effort to inform the Client in advance of scheduled downtimes and will take all reasonable measures to minimize their impact.

The Company reserves the right to make improvements to the Services to address technological developments or Clients’ needs.

5. Conditions for Creating and Using an Account

5.1 Subscription Process and Account Creation

Subscription to Creates.Community (hereinafter the “Platform”) is reserved for corporate clients (hereinafter the “Company”), which become the holders of the main contract (hereinafter the “Contract”).

5.1.1 Subscription by the Company

The Company subscribes to the services by confirming the following steps:

Signing a Contract or validating the specific terms of the subscription online, which includes explicit acceptance of the General Terms of Use (TOS) and the General Terms of Sale (GTS);
Providing the information required to open a main account, including the Company’s name, its SIRET number (or foreign equivalent), the billing address, and the details of a duly authorized representative (hereinafter the “Administrator”).

5.1.2 Role of the Administrator

The Administrator designated by the Company is responsible for:

Managing access for collaborators (hereinafter the “Users”) on the Platform;
Creating, modifying, or deleting User accounts;
Providing Creates.Community with any necessary information to ensure compliance with access rights and usage rights.

5.2 Responsibilities of the Company and the Users

5.2.1 Obligations of the Company

The Company undertakes to:

Ensure the accuracy of the information provided at subscription and update it if changes occur;
Ensure its collaborators comply with these TOS and all applicable laws when using the services;
Take full responsibility for actions performed by its Users on the Platform, whether authorized or not.

5.2.2 Obligations of the Users

Users must:

Accept the TOS upon their first login to the Platform;
Use the services lawfully, in accordance with these TOS and the Company’s instructions;
Maintain the confidentiality of their login credentials and promptly report any compromise to the Company’s Administrator.

5.3.1 General Rules

Login credentials assigned to each User (username and password) are strictly personal, confidential, and non-transferable.

The Company and its Users agree to:

Not disclose or share their credentials with third parties;
Implement internal security measures to prevent any unauthorized access;
Immediately notify Creates.Community or the Administrator of any incident affecting account security.

5.3.2 Liability in the Event of Abuse

The Company assumes full responsibility for any consequences arising from unauthorized or abusive use of its Users’ accounts, unless such use results from a technical failure attributable to Creates.Community;
If abuse is detected, Creates.Community reserves the right to suspend or deactivate any affected account, without prejudice to any other contractual or legal recourse.

5.4 Suspension or Deletion of an Account

5.4.1 At the Company’s Initiative

The Company may request the suspension or deletion of a User account at any time:

Directly via the Administrator on the Platform;
By contacting Creates.Community in writing, subject to validation by the Company.

Deleting a User account does not result in the termination of the main Contract between the Company and Creates.Community, unless otherwise provided in the Contract.

5.4.2 At Creates.Community’s Initiative

Creates.Community reserves the right to suspend or delete any account (User or Company) in the following cases:

Failure to comply with these TOS;
Non-payment of amounts due under the subscription or paid services;
Fraudulent, abusive, or unlawful activity;
Serious threat affecting the security or integrity of the Platform.

A written notice will be sent to the Company to inform it of the measure taken, except in an emergency situation requiring immediate action.

5.5 Consequences of Account Deletion

5.5.1 For the Users

Deleting a User account results in:

Immediate deactivation of the associated credentials;
Loss of access to services linked to the deleted account;
Erasure or anonymization of associated personal data, subject to applicable legal retention obligations (billing, audits, etc.).

5.5.2 For the Company

In case of termination or expiration of the main Contract:

All User accounts linked to the main Contract will be deactivated;
The Company’s business data and history will be returned or deleted in accordance with contractual provisions and the Creates.Community Privacy Policy.

Creates.Community cannot be held responsible for any consequences arising from account deletion, subject to compliance with applicable contractual and legal obligations.

6. Usage Rules

6.1 Prohibited Conduct

In the context of using the Creates.Community Platform, whether by the Company or its employees, the User undertakes not to:

Access or attempt to access the Platform fraudulently or by any unauthorized means (hacking, exploiting vulnerabilities, bypassing security measures, etc.);
Disseminate, publish, transmit, or store unlawful content, including but not limited to:
- Defamatory, insulting, threatening, discriminatory, or hate speech, or incitement to hatred or violence;
- Pornographic, obscene content or content contrary to public decency;
- Content infringing upon third-party intellectual or industrial property rights (copyright, trademarks, patents, etc.);
- Content violating current laws and regulations, particularly with regard to personal data protection and third-party rights.
Disrupt or attempt to disrupt the normal functioning of the Platform, for example by introducing viruses, Trojan horses, malware, or any other harmful code;
Collect, extract, or exploit data present on the Platform in an automated or unauthorized manner (scraping, data mining, etc.);
Impersonate another person or entity, or provide inaccurate or false information when using the Services.

Any breach of these rules constitutes a serious violation of the General Terms of Use and may result in the immediate suspension or deletion of the involved account, without prejudice to any legal action the Company might take.

6.2 Proper Use of the Platform

The User agrees to:

Use the Platform and Services solely within the scope of their intended purposes and in accordance with current laws and regulations;
Respect the rights and interests of other Users, Partners, and the Company, refraining from any harmful or disruptive behavior;
Maintain a secure environment by protecting their login credentials and immediately reporting any security breach or suspicious activity regarding their account or the Platform;
Comply with any specific directives or rules that may be communicated by the Company to ensure the proper functioning of the Services.

Through its Administrator, the Company undertakes to ensure that its employees comply with these TOS and to take appropriate measures in the event of any violation by them.

6.3 User Liability for Content

The User is solely responsible for content that they create, submit, share, or publish on the Platform, whether text, files, images, videos, data, or any other type of information (hereinafter the “Content”). In this regard:

User Warranties:

The User warrants that their Content complies with current laws and regulations and does not infringe on third-party rights (intellectual property, privacy, etc.).
The User undertakes not to transmit Content that may harm the security, integrity, or availability of the Platform.

Company’s Responsibility:

As the primary holder of the Contract, the Company is jointly responsible for the Content submitted by its employees. This includes company-specific content protected by encryption or anonymization mechanisms implemented by Creates.Community to ensure the Client’s data security and confidentiality. Since Creates.Community does not have access to that content, it is the Company Administrator’s responsibility to ensure its compliance and to remove or modify it if a complaint or non-compliance issue arises.

Company’s Powers:

Creates.Community reserves the right to remove or suspend any Content that is manifestly unlawful, inappropriate, or contrary to these TOS, without prejudice to available legal or contractual remedies.

The User acknowledges that Creates.Community is not obliged to perform prior control over Content, especially encrypted or anonymized company-specific content. However, Creates.Community may intervene at any time in respect of general visible content to ensure compliance with these TOS and applicable laws.

7. Intellectual Property

7.1 Intellectual Property Rights in the Platform Content

The Creates.Community Platform and all elements comprising it (hereinafter the “Content”), including but not limited to text, graphics, images, logos, icons, sounds, software, databases, and any other protected creations, are the exclusive property of Creates.Community or its partners who have granted a usage license.

These elements are protected by laws and regulations relating to intellectual property, in particular the French Intellectual Property Code and applicable international conventions.

Any reproduction, representation, modification, adaptation, distribution, or partial or total exploitation of the Platform or its Content, in any form, without the prior written authorization of Creates.Community, is strictly prohibited and constitutes an infringement punishable by law.

7.2 Limited License Granted to the User

Subject to compliance with these TOS, Creates.Community grants the User a personal, non-exclusive, non-transferable, and non-assignable license to access and use the Services provided by the Platform, for strictly professional and internal purposes.

This license is granted for the duration of the contractual relationship between the Company and Creates.Community. It does not confer any ownership rights on the User over the Platform’s Content or the technologies used to implement the Services.

7.3 Usage Restrictions

The User, whether the Company or its employees, agrees to respect the following restrictions:

Prohibited Conduct Relating to the Content:
- Copy, reproduce, transmit, distribute, publish, modify, create derivative works from, or exploit in any other way the Platform’s Content without Creates.Community’s prior authorization.
Prohibited Use of Technology:
- Decompile, disassemble, reverse engineer, or attempt to discover the source code of the software used by the Platform, except as permitted by law.
- Remove or alter any copyright notices, trademarks, or other distinctive signs affixed to the Platform or its elements.
Restricted Use for Intended Purposes:
- Use the Platform or its elements for unauthorized commercial or promotional purposes, or for illegal activities infringing the rights of Creates.Community or third parties.

7.4 Ownership of Generated Data

Professional data generated or analyzed through the Platform Services remains the property of the Company that is the main User. However, Creates.Community retains the right to use such data, in anonymized and aggregated form, for service improvement, statistical analysis, or research and development, in accordance with its Privacy Policy.

7.5 Protection of Trademarks and Distinctive Signs

Trademarks, logos, corporate names, trade names, and other distinctive signs displayed on the Platform are protected by intellectual property rights. Their use without prior written authorization from Creates.Community or the relevant rights holders is strictly prohibited.

7.6 Infringement of Intellectual Property Rights

Any infringement of the intellectual property rights of Creates.Community or its partners may result in:

The immediate suspension or termination of the relevant account, without prejudice to any other available remedies;
Legal proceedings to seek compensation for any damage suffered.

The User undertakes to indemnify Creates.Community for any damage, loss, or costs, including reasonable legal fees, resulting from any breach of these provisions.

8. Confidentiality and Personal Data

8.1 Privacy Policy

The processing of personal data collected in connection with using the Creates.Community Platform is governed by a separate Privacy Policy, accessible on the Platform. This Policy details the methods of collecting, processing, storing, and protecting personal data in accordance with the General Data Protection Regulation (GDPR) (EU 2016/679) and the amended French Data Protection Act (Informatique et Libertés).

Acceptance of these TOS also implies acceptance of the Privacy Policy. In the event of any conflict between the TOS and the Privacy Policy, the latter shall prevail concerning personal data protection.

8.2 The Company’s Commitments to Data Protection

Creates.Community undertakes to:

Process personal data lawfully, fairly, and transparently;
Collect only data necessary for processing purposes (data minimization principle);
Ensure data security and confidentiality through appropriate technical and organizational measures;
Allow Users to exercise their rights in accordance with the GDPR.

8.3 Purposes of Processing Personal Data

Personal data of the Users and the Company’s employees is collected and processed for:

The creation, management, and deletion of User Accounts;
Access to and use of the Platform’s Services;
Managing contractual and commercial relationships with the Company;
Improving services and user experience;
Generating anonymized and aggregated reports for statistical or R&D purposes;
Ensuring compliance with applicable legal and regulatory obligations.

8.4 Users’ Rights and How to Exercise Them

In accordance with the GDPR, Users have the following rights regarding their personal data:

Right of Access: to obtain a copy of their personal data and information about its processing;
Right to Rectification: to request correction of inaccurate or incomplete data;
Right to Erasure: to request deletion of data under the conditions set out in the GDPR;
Right to Restriction of Processing: to request a temporary suspension of processing under certain conditions;
Right to Data Portability: to receive their data in a structured, commonly used format, or to request its transfer to a third party;
Right to Object: to object to processing based on a legitimate interest or for direct marketing purposes.

To exercise these rights, Users may contact Creates.Community at:

Email: dpo@creates.community
Mailing Address: Creates.Community – 165 Avenue de Bretagne, 59000 Lille, France.

Any request must be accompanied by valid proof of identity.

Collected personal data may be disclosed to the following third parties, to the extent necessary to achieve the defined purposes:

Technical service providers (hosting, maintenance, etc.);
Subcontractors involved in service delivery;
Public authorities, where required by the Company’s legal obligations.

Outside these cases, data will not be shared with third parties without the User’s explicit consent.

8.6 Data Retention Period

Creates.Community agrees to retain personal data only for as long as is strictly necessary to fulfill the intended purposes:

Data Linked to a User Account: retained for as long as the services are in use, then deleted or anonymized within one month following account deletion;
Contractual Data: retained for the legally mandated retention period (particularly for tax and accounting purposes);
Anonymized Data: used for statistical purposes, with no time limit.

8.7 Data Security

Creates.Community implements all appropriate technical and organizational measures to ensure the security and confidentiality of personal data, notably:

Encryption protocols;
Strict management of data access;
Regular security audits;
Employee training on data protection rules.

8.8 Data Breaches

If a personal data breach occurs that could harm the rights or freedoms of Users, Creates.Community undertakes to:

Notify the competent supervisory authority (CNIL) within 72 hours after becoming aware of the breach;
Inform the affected Users when the breach is likely to pose a high risk to their rights and freedoms.

8.9 International Data Transfers

Collected personal data may be transferred outside the European Union, provided the recipient country offers an adequate level of protection recognized by the European Commission, or appropriate safeguards have been put in place (standard contractual clauses, certification mechanisms, etc.).

9.1 Description of Cookies Used

The Creates.Community Platform uses cookies and other trackers (hereinafter collectively referred to as “Cookies”) to enhance the user experience, provide personalized services, and gather data for statistical purposes. The Cookies used may include:

Technical or Functional Cookies: necessary for the proper functioning of the Platform (e.g., authentication, display preferences).
Analytical Cookies: used to collect information about user navigation in order to analyze and improve site performance.
Advertising Cookies: used to display personalized advertisements based on users’ interests.
Third-Party Cookies: placed by partners or external service providers (for example, for social media sharing tools or analytics services).

A detailed list of the cookies used by the Platform, as well as their retention periods, is available via the cookie preference manager or the Cookie Policy.

9.2 Purpose of Cookies

Cookies are used for the following purposes:

Ensuring the Platform’s operation: authentication, session management, and saving user preferences.
Analyzing navigation: measuring site traffic and better understanding service usage to optimize features.
Personalizing content and services: providing a user experience tailored to usage preferences and habits.

In accordance with current regulations, user consent is required before certain types of Cookies are placed (particularly analytical, advertising, or third-party cookies).

When first visiting the Platform, an information banner appears to:

Inform the User about the types of Cookies used;
Allow the User to consent, refuse, or customize Cookie settings via a dedicated tool;
Provide a link to the Cookie Policy for more information.

The User may accept all Cookies, refuse them, or customize their choices.

9.3.2 Managing and Changing Preferences

At any time, the User may manage or change their cookie preferences via:

The “Manage Cookies” link available at the bottom of the Platform’s home page;
Their browser settings to disable or delete Cookies (instructions vary depending on the browser used).

Any change to Cookie preferences may affect the functioning or quality of the user experience on the Platform.

Cookies are retained for a maximum period of 13 months from the time they are placed on the User’s device, in accordance with current regulations. Information collected via these Cookies is kept for a maximum period of 25 months, unless otherwise specified in the Cookie Policy.

9.5 The Company’s Responsibility and Commitment

Creates.Community undertakes to:

Obtain the User’s explicit consent before placing any Cookies that require prior authorization;
Provide a clear, accessible tool for managing Cookie preferences;
Respect the User’s choices at all times.

Users are advised to regularly review the Cookie Policy and adjust their settings to ensure a browsing experience consistent with their preferences.

10. User Responsibilities

10.1 Responsibility for Posted or Shared Content

Whether designated by the Company or acting on their own behalf, the User is solely responsible for any content, data, documents, or information they place, share, or transmit via the Platform (hereinafter “User Content”).

In particular, the User agrees that User Content:

Complies with current laws and regulations, notably concerning intellectual property, personal data protection, and defamation;
Does not infringe on the rights of third parties, including but not limited to intellectual property rights, image rights, or privacy;
Does not include unlawful, harmful, offensive, defamatory, hateful, or discriminatory content, nor content that incites illegal activities.

Creates.Community cannot be held liable for User Content published or shared via the Platform, except in cases of notification in accordance with applicable legislation.

10.2 Compliance with Applicable Laws

The User agrees to use the Platform and its services in compliance with current laws and regulations, including but not limited to:

Compliance with legal provisions on personal data protection and the GDPR;
Compliance with laws governing digital communications and intellectual property;
A prohibition on any fraudulent, unlawful, or public-order-violating activities, such as hacking, distributing malicious software, or abusing the services.

In the event of non-compliance with these obligations, Creates.Community reserves the right to suspend or revoke the User’s access to the Platform.

10.3 Declaration of Lawful and Legitimate Use of Services

The User expressly declares that:

The use of the Platform and the services provided is exclusively for a lawful and legitimate activity, in line with the purposes intended by Creates.Community;
They will not divert the Platform from its initial purposes for any unauthorized usage, such as non-compliant commercial exploitation or the dissemination of unlawful content;
They will not use the Platform to gain unauthorized access to systems, networks, or data.

If these commitments are violated, Creates.Community may hold the User liable.

10.4 Notification in the Event of Abuse

The User agrees to immediately report any suspicious, fraudulent, or unlawful content or behavior encountered on the Platform, via the designated reporting mechanism or by contacting Creates.Community at the following address: contact@creates.community.

Creates.Community will take necessary measures, including the removal or suspension of the relevant content, subject to a prior review in accordance with applicable legislation.

11. Platform Liability

11.1 Creates.Community’s Commitments

Creates.Community undertakes to provide a service consistent with the purposes set out in these TOS and to make all reasonable efforts to ensure:

The accessibility of the Platform and the services, subject to maintenance periods or interruptions needed for updates or improvements;
The security of data transmitted and hosted on the Platform, in particular through technical and organizational protective measures that comply with current standards;
Technical support for the User or the Company in the event of access or service usage issues, according to the procedures specified in the contract or TOS.

11.2 Limitation of Liability Clause

Creates.Community shall not be liable for indirect or intangible harm suffered by the Company or Users, such as lost revenue, data loss, or reputational damage, arising from the use of or inability to use the Platform’s services.

In particular, Creates.Community cannot be held liable for:

Temporary service interruptions caused by maintenance, updates, or force majeure;
Failures, slowdowns, or malfunctions caused by external factors such as telecommunication networks, User equipment, or cyberattacks;
Any harm arising from non-compliant use of the Platform by the User or the Company.

11.3 Disclaimer of Warranties

Creates.Community provides the Platform and its services as is, without any explicit or implied warranties, including but not limited to:

The accuracy, completeness, or timeliness of the information available on the Platform;
The suitability of the services for any specific purpose sought by the Company or its Users;
The absence of errors, omissions, or defects in the Platform’s functionalities.

Creates.Community disclaims all liability for any misuse or misappropriation of the Platform by the User or the Company.

11.4 Obligation to Notify in the Event of Malfunction

The Company or User must inform Creates.Community as soon as possible in the event of a technical failure or difficulty accessing the services, by contacting technical support via the channels provided on the Platform. Creates.Community will make every effort to resolve the issue within a reasonable timeframe.

In the event of a dispute related to service interruption or quality, the burden of proof lies with the User or the Company.

12. Ownership and Right of Access to Data

12.1 Ownership of the Data

Data deposited, transmitted, or generated by the Company (hereinafter the “Data”) via the Creates.Community Platform remains the exclusive property of the Company.

Creates.Community acts as a technical service provider and data processor for the processing of this Data, in compliance with the General Data Protection Regulation (GDPR) and applicable contractual provisions.

Creates.Community undertakes not to use, modify, or share the Data for any purpose other than that set out in the services, unless with the Company’s express agreement or if required by law.

12.2 Company Responsibilities

The Company is responsible for:

The accuracy, updating, and lawfulness of the Data deposited on the Platform;
Obtaining any necessary permissions to use and transmit the Data, particularly when it concerns employees or third parties;
Complying with applicable Data protection laws and the rights of the individuals concerned.

12.3 Access to the Data

Creates.Community ensures secure and continuous access to the Data placed on the Platform for the duration of the contract. This access is limited to the Users authorized by the Company, under its responsibility.

Should access be lost due to technical reasons or the temporary suspension of services, Creates.Community will make every reasonable effort to restore access as soon as possible.

12.4 Right of Access in the Event of Dispute

If a dispute arises between Creates.Community and the Company regarding the use or retrieval of the Data:

Creates.Community may restrict access to the Data only in circumstances expressly permitted by law or pursuant to a court order;
The Data will nevertheless remain accessible through procedures defined by applicable regulations and within the framework of legal retention obligations.

12.5 Data Protection and Security

Creates.Community undertakes to implement suitable technical and organizational measures to ensure the security, confidentiality, and integrity of the Data, in accordance with current regulations and contractual terms.

In the event of a data breach or loss, Creates.Community will inform the Company within the legally required timeframes and will work with it to minimize the impact and fulfill its obligations to the affected third parties.

13. Security

13.1 Creates.Community’s Commitments

Creates.Community commits to implementing all necessary technical, organizational, and administrative measures to ensure the security, confidentiality, and integrity of data hosted or processed through its Platform, in line with industry standards and current regulations, particularly the General Data Protection Regulation (GDPR).

These measures include, without limitation:

Data Encryption: Data is encrypted during transmission and storage to prevent any unauthorized access.
Secure Authentication: Use of reinforced login mechanisms, such as multi-factor authentication (if applicable).
System Monitoring: Ongoing oversight of infrastructures to detect and prevent security incidents, such as unauthorized access or hacking attempts.
Access Management: Restricting access rights solely to authorized staff, strictly within the scope of their duties.
Regular Updates: Applying security patches and software updates to avoid vulnerabilities.
Security Audits and Testing: Periodic penetration tests and security audits to guarantee the reliability of existing measures.

Creates.Community will immediately notify the Company in the event of a security incident affecting data or services, in accordance with legal obligations, and will provide any necessary assistance to assess the impact and minimize the consequences.

13.2 User Responsibility

The Company and its Users share responsibility for the security of data and access to the Platform. This notably implies the following obligations:

Login credentials—whether traditional usernames and passwords, or authentication data generated via integrated Single Sign-On (SSO) systems—are strictly personal, confidential, and non-transferable.

When using SSO, the access credentials are directly linked to the Company’s information system or HRIS, strengthening the security and consistency of logins. However, Users must:

Comply with the security policies defined by the Company for SSO authentication;
Ensure that the devices used to access the Platform are secure and comply with current standards;
Immediately report any incident, such as suspicious access or compromised authentication data.

If a password-based login is used (outside SSO), each User must choose a complex password, change it regularly, and avoid sharing or storing it in an unsecured format.

The Company and its Users remain responsible for correctly using SSO mechanisms or traditional authentication methods, and commit to reporting any flaw or anomaly to Creates.Community as soon as they detect it.

13.2.2 Notification in the Event of Compromise

Any loss, theft, or fraudulent use of login credentials must be immediately reported to Creates.Community so that corrective measures can be taken (account suspension, credential reset, etc.).
In case of delayed notification, the Company remains liable for the consequences of unauthorized access.

13.2.3 Security of Equipment

The Company must ensure that its equipment (computers, mobile devices, networks) used to access the Platform is protected against viruses, malware, or any other threat likely to compromise data security.
Connections to the Platform must be made via secure networks (avoiding unsecured public Wi-Fi).

13.3 Limitation of Liability

Creates.Community shall not be held liable for security incidents resulting from:

Negligence or failure by the Company or its Users to meet their security obligations;
Unauthorized access linked to the use of compromised or unsecured equipment by the Company;
Unpredictable or irresistible events beyond Creates.Community’s control, except where there is proven fault or gross negligence on its part.

13.4 Collaboration in the Event of an Incident

If a security incident affects data or services, Creates.Community undertakes to:

Immediately inform the Company of the nature of the incident and its potential consequences;
Provide technical assistance to contain the incident, restore services, and prevent recurrence;
Fulfill notification obligations to the competent authorities and affected individuals, in accordance with applicable legal requirements.

14. Amendments to the Terms of Use (TOS)

14.1 Procedures for Notification of Amendments

Creates.Community reserves the right to amend or update these General Terms of Use (TOS) at any time, in order to adapt to:

Changes in applicable regulations;
Changes in its services and features;
Any other legal, technical, or commercial requirements.

Amendments to the TOS will be communicated to Users by one of the following means:

Notification by email sent to the Company, specifying the effective date of the new TOS;
Display of a notice on the Platform when Users log in;
Updating the TOS section on the website creates.community;
An alert through the corporate chat.

Unless otherwise expressly stated, the new TOS will take effect 30 days after their notification or publication.

14.2 Acceptance of Amendments

Acceptance of the amendments to the TOS occurs tacitly through continued use of the services after the effective date of the new provisions.

In case of disagreement with the new TOS, the Company or the Users must immediately stop using the Platform and may request the termination of their contract, in accordance with these provisions.

14.3 Obligation to Review the TOS

It is the responsibility of the Company and the Users to regularly review the TOS available on the Platform to stay informed of any changes. Creates.Community cannot be held responsible if a User is unaware of revised TOS.

14.4 No Agreement

If the Company explicitly refuses to accept the new TOS, Creates.Community reserves the right to terminate access to the services, without charge or compensation, in accordance with the conditions defined herein.

15. Dispute Resolution

15.1 Amicable Resolution

In the event of a dispute relating to the interpretation, execution, or termination of these General Terms of Use (TOS), Creates.Community and the Company agree to endeavor to resolve the dispute amicably, in a spirit of cooperation and good faith.

The Company or Creates.Community may submit a written claim to the other party clearly stating the reasons for the dispute. This claim must be sent by registered mail with acknowledgment of receipt to the address indicated in these TOS.

The parties will have 30 days to discuss and reach an amicable settlement. During this period, they undertake to provide all necessary information to facilitate a prompt resolution.

15.2 Recourse to a Mediator

If no amicable agreement is reached within the allotted time, the parties may resort to an accredited mediator to attempt to resolve the dispute.

Médiateur des entreprises – Hauts-de-France

Address: DREETS Hauts-de-France, 70 Rue Saint-Sauveur, 59000 Lille, France
Email: mediateur.des.entreprises@finances.gouv.fr
Website: Le Médiateur des entreprises

The cost of mediation will be shared equally between the parties unless otherwise agreed.

15.3 Jurisdiction of the Courts

If no amicable resolution or settlement through mediation is reached, any dispute regarding the application, interpretation, or performance of these TOS will be subject to the exclusive jurisdiction of the Lille courts, even if multiple defendants or third-party claims are involved, unless otherwise required by mandatory legal provisions.

These TOS are governed by French law.

16. Governing Law

These General Terms of Use (TOS) are governed, interpreted, and enforced in accordance with French law, to the exclusion of any other legislation.

Any question regarding the validity, interpretation, execution, or termination of these TOS will therefore be examined in light of the laws in force in France.

In the event of a dispute not resolved amicably or through mediation, the competent courts designated in the article on dispute resolution will also apply French legal provisions.

17. Specific Clauses

17.1 Force Majeure

Creates.Community shall not be held liable for non-performance or delayed performance of its obligations under these TOS in the event of force majeure, as defined by Article 1218 of the French Civil Code. Force majeure events may include, but are not limited to:

Natural disasters, fires, floods;
Acts of war, terrorism;
Strikes, pandemics;
Large-scale cyberattacks;
Any interruption of communication or power networks.

In the event of force majeure, the parties’ obligations will be suspended for the duration of the event. If the situation persists beyond thirty (30) days, either party may terminate these TOS by written notification to the other, without compensation.

17.2 Severability

If one of the provisions of these TOS is declared null, invalid, or unenforceable in whole or in part by a competent authority or court, such nullity, invalidity, or unenforceability does not affect the other provisions, which remain in full force and effect.

The parties agree to replace the provision in question with a valid clause having an equivalent effect, to the extent possible.

17.3 Assignment of the TOS

Creates.Community reserves the right to assign or transfer all or part of the rights and obligations arising from these TOS to a third party, particularly in the event of a merger, acquisition, or restructuring. Such assignment shall not alter the User’s rights as defined in these TOS.

The User may not assign or transfer the rights and obligations arising from these TOS to a third party without the prior written consent of Creates.Community.

18. Version and Archiving of the TOS

18.1 Effective Date

These General Terms of Use (TOS) come into effect on [insert effective date]. They replace and invalidate all previous versions.

18.2 Archiving of Previous Versions

Creates.Community undertakes to archive successive versions of the TOS in a secure electronic format. These archives are kept for five (5) years from their effective date and may be consulted upon written request to Creates.Community, provided that the request complies with legal obligations for personal data protection.

18.3 Online Consultation of the TOS

The current version of the TOS is permanently available on the Platform at the following address: [insert TOS URL].

Creates.Community recommends that Users download and retain a copy of the TOS applicable to their use of the Platform.

19. Contact

For any questions, requests for information, or reports of abuse related to the use of the Platform or these General Terms of Use (TOS), you can contact Creates.Community as follows:

Mailing Address:
Creates.Community
Place de Saintignon
165 Avenue de Bretagne
59000 Lille, France

Email Address:
contact@creates.community

Creates.Community undertakes to respond to any request as quickly as possible, in accordance with the commitments defined in these TOS.