PREAMBLE

 

The APIs are operated by BOOST.RS, a simplified joint stock company with a capital of 72,581.00 euros, registered in the Nanterre Trade and Companies Register under number 827 963 836, whose registered office is located at 91 rue Yves Kermen – 92100 BOULOGNE BILLANCOURT,

 

For any information or to contact our customer service, you can write to us at the following address [Boostrs – Le Cargo, 157 boulevard Macdonald – 75019 PARIS].

 

The director of the publication is Vincent Lebunetel in his capacity as President of the company.

 

The site is hosted in Europe by Google Cloud Platform.

 

The BOOSTRS APIs allow access to all BOOSTRS DATA in relation to the services of business and skills repositories, and automated translation of training content into skills.

 

BOOSTRS guarantees compliance with the DATA quality criteria. BOOSTRS guarantees the accuracy, completeness and updating of the DATA with regard to its date of update; it also guarantees that the DATA conforms to any metadata which may be associated with the DATA.

 

The BOOSTRS Company (hereinafter “BOOSTRS”) operates various APIs, which can be consulted at the following link: https://developers.boost.rs/api-gateway/, and include the following APIs in particular:

– Jobs API ;

– Job Insights API;

– Skills API;

– Skill management (CRUD);

– Learning API.

 

 

ARTICLE 1. Definitions

 

ANOMALY: means any malfunction or non-conformity of the API, reproducible by the CLIENT, which prevents the normal operation of all or part of the API or which causes an incorrect result or inadequate processing, when the API is used in accordance with its specifications.

 

API (or Application Programming Interface): means the application programming interface between the USER PLATFORM and the BOOSTRS PLATFORM necessary to provide the SERVICES offered by BOOSTRS.

 

CONTRACT: refers to the IT service provision CONTRACT, its annexes and any amendments thereto.

 

DATA: means any information (data and algorithms) to which BOOSTRS gives access through the API.

 

IDENTIFIER: means the user identifier and access code transmitted by BOOSTRS to the USER to identify himself in the USER PLATFORM. These identifiers are unique.

 

BOOSTRS PLATFORM: means the technological platform developed by BOOSTRS and producing the DATA.

 

USER PLATFORM: means the technological platform developed by the USER using DATA.

 

REQUEST: means any request made by the USER PLATFORM to access DATA and seeking a specific response.

 

SERVICES: means the software services and deliverables provided by BOOSTRS to the CLIENT under this AGREEMENT to enable the use of the API.

 

SITE: means the BOOSTRS company website accessible at the following address: https://www.boost.rs/

 

CLIENT: refers to any natural or legal person who uses the APIs within the framework of a service CONTRACT.

 

TESTER: refers to any natural or legal person who uses the APIs as part of a trial version.

 

USER: means any CLIENT or TESTER who uses the APIs within the framework of a trial version or within the framework of a CONTRACT.

 

 

ARTICLES 2. PURPOSE

 

The purpose of the present GTC is to govern the conditions of use by the USERS of its APIs.

All USERS acknowledge that they have fully understood these GTC and agree to them.

 

 

ARTICLE 3. CONDITIONS OF ACCESS TO THE BOOSTRS API

 

3.1 TESTER status

 

The API services can be used free of charge within the framework of a trial version accessible by any TESTER, aged over 18 years and having the legal capacity.

 

3.2. Quality of USER

 

Only the natural persons, or any legal entity acting through a duly authorized natural person having the legal capacity to contract in the name and for the account of the legal entity, can register to become a USER.

  

3.3 Conditions of registration for the trial version

 

The access to the trial version of the APIs is free.

 

For that, the TESTER must go on the SITE and inform his name, his business e-mail address, his company and his position. 

 

The TESTER commits himself to provide BOOSTRS with accurate and up-to-date data in a loyal manner, which does not infringe, for any reason whatsoever, the rights of third parties, whatever they may be.

 

3.4 Technical specifications

 

The USER acknowledges that he/she has the necessary means and skills to use the APIs. The equipment necessary to access and use the APIs is at the USER’s expense, as are the telecommunications costs incurred by their use.

 

3.5 IDENTIFIER management

 

Access to the BOOSTRS APIs is protected and restricted to USERS. Authentication is carried out by means of Identifiers which must be filled in for each REQUEST. Under these conditions, the USER is responsible for the IDENTIFIERS enabling him/her to connect, as well as for the use made of them.

 

The USER can then send directly to the API his REQUESTS in order to obtain the transmission of the DATA corresponding to his needs.

 

3.6 Licence and right to use the BOOSTRS API

 

The Customer acknowledges that the Contract is granted on a personal basis.

  

Under the terms of the Contract, the Customer benefits from a non-exclusive right to use the BOOSTRS API for the sole purpose of using the Data under the conditions set out in this Contract.

 

The Customer acknowledges that the call to the BOOSTRS API corresponds to a Request.

 

The API and the Identifiers remain, in all circumstances, the exclusive property of BOOSTRS, which is the sole owner and/or holds all the necessary rights to ensure their distribution and use.

 

The Customer may not pledge, assign, sub-license or lend the use of the BOOSTRS API by means of its Identifiers provided by BOOSTRS, whether free of charge or not.

 

The Customer agrees not to transcribe, adapt, translate, modify, decompile or alter the BOOSTRS API.

 

The Customer undertakes to inform BOOSTRS of any infringement of BOOSTRS’ intellectual propertý rights of which it may become aware.

 

The API is made available as is. BOOSTRS does not guarantee, in particular, that the BOOSTRS API is free of anomalies or that its operation is uninterrupted. Consequently, the Customer is reminded that it is its responsibility to take all steps to establish adequate troubleshooting plans, as well as any appropriate measures to minimize the harmful consequences related in particular to a possible interruption of operations or a possible loss of data generated by the BOOSTRS API due to its use.

 

BOOSTRS expressly reserves the right, at any time and with or without prior notice, to correct any anomalies that may alter the BOOSTRS API, to modify, update or change it. The Customer acknowledges that such changes may alter the operation of its own Client Software and require additional development in order to maintain compatibilitý with the BOOSTRS API. It is expressly agreed that BOOSTRS shall not be liable for any costs and/or damages that may result from this.

 

3.7 Deletion of the account

 

The USER is free, at any time, to request the deletion of his account. All data and content relating to this account will then be deleted. 

 

 

 

ARTICLE 4. OBLIGATIONS

 

4.1 USERS’ obligations

 

When using the APIS, each USER undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and other USERS, and to comply with the provisions of these GENERAL TERMS AND CONDITIONS OF USE.

 

Each USER is obliged to:

 

  • to behave fairly and in a good faith manner towards BOOSTRS, third parties and USERS;
  • To be honest and sincere in the information provided to BOOSTRS and, where applicable, to third parties, including all other USERS,
  • To use the APIs in accordance with the purpose described in these TOU,
  • Not to attempt to commit any act of infringement against third parties, by any means whatsoever,
  • Not to divert the purpose of the APIs to commit crimes, offences or contraventions punishable by the Penal Code or any other law,
  • Not to attempt to divert Internet users to another site or a competing service,
  • Not to attempt to undermine the automated data processing systems used to put the APIs online, in the sense of articles 323-1 and following of the Penal Code,
  • Not to publish any information, message or any other content contrary to the present TOS, to the laws, regulations in force or to good morals, and in particular infringing content, or defamatory or insulting texts or which would constitute discrimination, incitement to hatred or violence, invasion of privacy, endangering minors.
  • Not to usurp the identity or status of a third party or of another USER of the APIs;
  • Not to mention data relating to offences, convictions, security measures concerning his person or that of a third party;
  • Not to commit, through the APIs, acts that can be analysed as acts of unfair competition, parasitism, or any other infraction that goes against good and healthy competition;
  • Use the IPAs in a lawful, cordial and benevolent manner.

 

Any breach by a USER of any of the above obligations, or of any of the provisions of these GTCs, shall justify the suspension or, where applicable, the deactivation of its BOOSTRS PLATFORM access IDENTIFIERS, without prior notice.

 

In any event, the USER shall hold BOOSTRS harmless against any action brought against it, or any sentence imposed on it, due to the USER’s failure to meet its obligations.

 

4.2 Obligations of BOOSTRS

 

The general obligation of BOOSTRS, as a mere technical intermediary between the USERS, is an obligation of means. BOOSTRS is under no obligation of result or of enhanced means of any kind.

 

BOOSTRS undertakes to do everything in its power to ensure continuity of access and use of the APIs, 7 days a week and 24 hours a day.

 

BOOSTRS undertakes to promptly remove any manifestly illicit content as soon as it becomes aware of it, in particular when the existence of such content has been notified to it by a USER.

 

Notification of manifestly illicit content may be made :

 

  • by e-mail to the address hello@boostrs
  • by registered letter with acknowledgement of receipt to the address of the BOOSTRS head office.

 

In all cases, in order to be valid, the notification must include all the elements prescribed in article 6-I 5 of the law of 21 June 2004, namely

 

  • The date of the notification ;
  • If the notifier is a natural person: his surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, its name, its registered office and the body that legally represents it;
  • The name and address of the addressee or, if it is a legal person, its name and registered office;
  • The description of the facts in dispute and their precise location;
  • The reasons for which the content must be removed, including the legal provisions and justifications of the facts;

 

 

A copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.

  

4.2.1 Obligations of BOOSTRS to the CLIENTS

 

BOOSTRS shall ensure the continuity of the APIs between the CLIENT PLATFORM and the BOOSTRS PLATFORM, in order to make the SERVICES available to the CLIENTS for the duration of the CONTRACT.

 

In the event of a malfunction, BOOSTRS will, without delay, take the necessary steps to correct such malfunction, provided that the CLIENT has used the software services in accordance with the relevant provisions of this AGREEMENT. 

 

The CLIENT shall provide BOOSTRS as soon as possible with the information and data in its possession to facilitate the identification and correction of the ANOMALY.

 

If the CLIENT experience is deemed inadequate by BOOSTRS technical staff, the BOOSTRS PLATFORM will automatically be placed on “corrective maintenance”. By “inadequate customer experience”, BOOSTRS means any technical problem that prevents the execution of this Agreement.

 

During any period of corrective maintenance, the CLIENT will not be able to use the API. The corrective maintenance period will end when the defects have been corrected.

 

 

ARTICLE 5. LIABILITIES

 

BOOSTRS declines all responsibility:

 

  • BOOSTRS shall not be liable to compensate the CLIENT for the destruction of its data or files which it is the CLIENT’s responsibility to back up.
  • BOOSTRS shall not be liable for any indirect or consequential damages such as loss of opportunity, loss of profit, loss of contract or loss of image.
  • In the event of temporary inability to access the APIs due to technical maintenance or updating of the published information;
  • In case of a virus attack;
  • In case of abnormal use or illicit exploitation of the APIs, the USER is then solely responsible for the damage caused to third parties and the consequences of the claims or actions which could result from it;
  • In relation to the content of third party websites to which hypertext links present on the BOOSTRS PLATFORM refer;
  • In the event of non-compliance with these GTC attributable to USERS;
  • In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined by French case law;
  • In the event of a foreign cause not attributable to BOOSTRS;

 

 

ARTICLE 6. INTELLECTUAL PROPERTY

 

The USER acknowledges the intellectual property rights of BOOSTRS on the APIs and its components and waives the right to contest these rights in any form whatsoever.

 

As such, the APIs and its components may not be reproduced, used or represented without the express authorization of BOOSTRS, under penalty of legal action.

 

Any total or partial representation of the APIs, its content and the SERVICES offered by the APIs, by any means whatsoever, without the prior express authorization of BOOSTRS is prohibited and shall constitute an infringement punishable under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.

 

In addition, BOOSTRS expressly prohibits

 

  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of a database onto another medium, by any means and in any form whatsoever;
  • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in any form whatsoever.

 

The establishment of any hypertext link to the APIs is subject to prior written authorization by BOOSTRS.

 

Acceptance of these GTUs implies recognition by the USERS of the intellectual property rights of BOOSTRS and the commitment to respect them.

 

 

ARTICLE 7. PROTECTION OF PERSONAL DATA

 

The data controller is BOOSTRS, whose contact details are given in the Preamble to these General Terms of Use.

 

Nevertheless, as the provider of storage of the USER’s contacts, BOOSTRS shall have the status of a subcontractor. In this capacity, BOOSTRS undertakes to act on the authorisation and according to the instructions of the USER, and to take the necessary precautions to preserve the security and confidentiality of the data processed.

 

It is recalled that each USER whose personal data is processed has the right of access, rectification, deletion, opposition and portability.

 

The mandatory data necessary for the creation of an account are indicated at the various stages of the creation process and are used to enable the USER to access the services offered by BOOSTRS through the SITE.

 

For any questions relating to the management and use of your personal data, you may contact our Data Protection Officer

 

Either by email, at dpo@boostrs

Or by post, DPO BOOSTRS Cabinet HAAS Avocats, 32 rue La Boétie – 75008 PARIS

 

 

ARTICLE 8. DURATION AND TERMINATION

 

The contract is concluded for an indefinite period.

 

In the event that the CLIENT breaches any of its obligations under these GTCs, BOOSTRS may terminate the contract concluded with the CLIENT fifteen (15) days after sending an e-mail to the CLIENT notifying it of the breach and requesting it to comply with these GTCs.

 

The termination shall be without prejudice to any damages that may be claimed by BOOSTRS from the CLIENT as compensation for the loss suffered as a result of such breaches.

 

The CLIENT shall be informed by the means made available to BOOSTRS of the termination or confirmation of the termination of his personal account. The data will be destroyed at the CLIENT’s request or at the end of the legal time period starting from the termination of the account.

 

It is specified that in such a situation, the CLIENT undertakes not to re-register on the SITE under another pseudonym.

 

 

ARTICLE 9. CHANGE OF GTC

 

BOOSTRS reserves the right to update and modify the present GTC at any time. The changes made shall come into force when they are posted on the SITE.

 

USERS may consult these modifications at the following URL address: https://Boostrs/conditions-generales/.

 

USERS will be informed of the update of the GTCs by the display of an information banner on the SITE.

 

 

ARTICLE 10. GENERAL PROVISIONS

 

The fact that one of the PARTIES may not have demanded the application of one of the clauses of these GTC, whether on a permanent or temporary basis, may not under any circumstances be construed as a waiver of the said clause.

 

If any one of the stipulations of these GTC should be found to be void with regard to a legislative or regulatory provision in force and/or a court decision with the authority of a final ruling, it will be deemed unwritten, but this will not in any way affect the validity of the other clauses, which shall remain fully applicable.

 

 

ARTICLE 11. JURISDICTION AND APPLICABLE LAW

 

THESE GTC AS WELL AS THE RELATIONS BETWEEN BOOSTRS AND THE USER ARE SUBJECT TO FRENCH LAW.

 

In the event of any dispute arising between the PARTIES concerning the interpretation, execution or termination of this Agreement, the PARTIES shall endeavor to settle it amicably.

 

The USER is first invited to contact the BOOSTRS complaint department at: BOOSTRS – 91 rue Yves Kermen 92100 BOULOGNE BILLANCOURT, or by email at: contact@boostrs

 

If no agreement is reached, then an optional mediation procedure, conducted in a spirit of loyalty and good faith, will be proposed with reaching an amicable settlement in mind, upon the occurrence of any dispute relating to this contract, including its validity.

 

The party wishing to carry out the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the reasons for the disagreement. If, after seven (7) days, the parties fail to agree, the dispute may be referred to a conventional mediator or a judicial mediator.

 

BOOSTRS has chosen a mediator to solve disputes with its Clients l’AMIDIF (Association des Médiateurs Indépendants d’Ile de France).

 

The list of the consommation mediators was published june 30th 2016 and is available to the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur. It is regularly updated.

 

IN THE ABSENCE OF AGREEMENT BETWEEN THE PARTIES, THE PROCEEDINGS MAY BE SUBMITTED TO THE FRENCH COURTS.