1. PURPOSE
The purpose of these General Terms of Use (hereinafter the “Terms of Use”) is to define the conditions for accessing and using the YUZUCARD solution (hereinafter the “SOFTWARE”), published and operated by NEWMIPS (hereinafter “NEWMIPS”).
The SOFTWARE is accessible online, specifically as part of a subscription taken out by a company, a professional, or any other organization (hereinafter the “Subscriber”).
Individuals authorized by the Subscriber to use the SOFTWARE are hereinafter referred to as “Users.”
Use of the SOFTWARE implies unconditional acceptance of these Terms of Use.
These Terms of Use supplement the General Terms and Conditions of Sale and Service applicable to the Subscriber.
2. ACCESS TO THE SOFTWARE
Access to the SOFTWARE is reserved for Users who have an account or access rights that have been validly created or authorized as part of a Plan subscribed to with NEWMIPS.
Access to the SOFTWARE is granted subject to the following limitations:
- the rights assigned to each User;
- the features included in the subscribed Plan;
- any usage limits that may apply to that Plan;
- compliance with these Terms of Use.
NEWMIPS may modify the technical terms of access to the SOFTWARE when necessary for its operation, security, maintenance, or development.
3. ACCOUNTS AND LOGIN CREDENTIALS
Each User is responsible for maintaining the confidentiality of the login credentials assigned to them to access the SOFTWARE.
Login credentials are personal and must not be disclosed, shared, or used by more than one person.
The User agrees to take all reasonable measures to prevent any unauthorized access to their account.
In the event of loss, compromise, or unauthorized use of their login credentials, the User or Subscriber must notify NEWMIPS as soon as possible.
The Subscriber remains responsible for managing the access rights it grants to Users under its responsibility.
4. USE OF THE SOFTWARE
The User agrees to use the SOFTWARE in accordance with:
- these Terms of Use;
- the Terms and Conditions applicable to the Subscriber;
- the instructions and documentation provided by NEWMIPS;
- applicable laws and regulations.
The User agrees to use the SOFTWARE solely within the scope of the features made available to them and for the purposes authorized by the Subscriber.
In particular, the User shall not:
- use the SOFTWARE for illegal, fraudulent, or otherwise unlawful purposes;
- infringe upon the rights of third parties;
- deliberately introduce viruses, malware, or any other element that could compromise the security or operation of the SOFTWARE;
- attempt to access accounts, data, systems, or features to which you are not authorized to have access;
- circumvent or attempt to circumvent security measures or access restrictions;
- disrupt or attempt to disrupt the operation of the SOFTWARE;
- use the SOFTWARE in a manner that may harm NEWMIPS, other Users, or third parties;
- reproduce, copy, modify, adapt, decompile, or disassemble all or part of the SOFTWARE, except to the extent expressly permitted by law.
5. CONTENT AND DATA
The User remains responsible for the content, information, and data that they enter, transmit, share, or make available through the SOFTWARE, within the limits of their rights and responsibilities.
The Subscriber and Users warrant that they possess the necessary rights, authorizations, and legal bases to use the content and data they enter into the SOFTWARE.
In particular, they shall refrain from distributing or making available any content that is:
- illegal;
- infringing on the intellectual property rights or personality rights of third parties;
- defamatory, abusive, threatening, or fraudulent;
- containing malware or elements intended to compromise system security;
- in violation of applicable laws and regulations.
Upon becoming aware of content or conduct that may violate these Terms of Use or applicable regulations, NEWMIPS may take any appropriate action, including requesting the removal of the content in question, suspending access, or removing content that is manifestly unlawful when permitted by law.
6. INTELLECTUAL PROPERTY
The SOFTWARE and all of its components are protected by intellectual property rights and remain the property of NEWMIPS or its successors in title.
Access to the SOFTWARE does not confer any ownership rights in the SOFTWARE upon the User.
Subject to compliance with these Terms of Use and the rights granted to the Subscriber under the subscribed Offer, the User is granted only a personal and non-exclusive right to access and use the SOFTWARE for authorized purposes.
7. AVAILABILITY AND UPDATES
NEWMIPS strives to ensure access to the SOFTWARE under the terms set forth in the applicable Terms and Conditions.
Access to the SOFTWARE may, however, be temporarily interrupted, limited, or affected, in particular due to maintenance, updates, enhancements, security measures, or technical constraints.
NEWMIPS may enhance the SOFTWARE’s features, in particular to improve its operation, security, or compliance.
8. SUSPENSION OR TERMINATION OF ACCESS
NEWMIPS may suspend or restrict a User’s access to the SOFTWARE if it determines or reasonably suspects:
- a violation of these Terms of Use;
- a breach or risk of a breach of the SOFTWARE’s security;
- fraudulent or manifestly unlawful use;
- use likely to seriously disrupt the operation of the Service;
- a legal or regulatory obligation requiring such a measure.
Except in cases of emergency or for security reasons, NEWMIPS will notify the Subscriber or the affected User when appropriate.
The suspension of access does not necessarily affect the Subscriber’s obligations under the General Terms and Conditions of Sale.
9. LIABILITY
The User is responsible for their use of the SOFTWARE and for complying with these Terms of Use.
The limitations and conditions of liability applicable to NEWMIPS are set forth in the General Terms and Conditions of Sale entered into with the Subscriber.
10. PERSONAL DATA
Personal data is processed in accordance with applicable regulations and the relevant informational and contractual documents.
When NEWMIPS processes personal data on behalf of the Subscriber in connection with the provision of the SOFTWARE, the terms of such processing are specified in the applicable DPA.
The processing of personal data carried out directly by NEWMIPS for its own purposes is described in the applicable Privacy Policy.
11. AMENDMENTS TO THE TERMS OF USE
NEWMIPS may amend these Terms of Use, in particular to reflect changes to the SOFTWARE, regulations, or its practices.
The applicable version is the one accessible when using the SOFTWARE, subject to any specific provisions set forth in the Terms and Conditions of Sale or under applicable regulations.
When the amendment is substantial and prior notice is required, NEWMIPS shall notify the Subscriber or the affected Users by any appropriate means.
12. CONTACT
For any questions regarding the use of the SOFTWARE or these Terms of Use, the User may contact NEWMIPS at the following address: contact @ newmips.com