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Terms And Conditions

Asset Wins is a company operating under the name Asset Wise (hereinafter referred to as the "Company").

These General Terms and Conditions of Use and Sale (hereinafter referred to as the "Terms") define the legal framework for the use of the "Asset Wins" platform, which has been designed, developed, and operated by the Company for the management and tracking of Services provided by the Company to users who own or manage private assets (such as boats, villas, residences, hotels, etc.) (hereinafter referred to as the "Client(s) or User(s)".

These Terms also outline the legal framework governing the relationship between the Company and each User. The Company and the User are collectively referred to as the "Parties" and individually as a "Party."

The Platform is issued by the Company and hosted by Microsoft Azure. Mr. Nicolas Durin is the CEO of the Software company.

Contact Information: You may contact the Company at the address at the top of this document or by email at

support@assetwins.com

ARTICLE 1: DEFINITIONS

  • Platform: Refers to the "Asset Wins" software published by the Company and accessible via the following link: https://assets.assetwins.com

  • Account: Refers to the personalized space on the Platform or Site that allows the User to access the full range of Features offered by the Company.

  • Content: Refers to any text, graphic, image, music, video, or other element displayed on the Platform.

  • Terms: Refers to these General Terms of Use entered into between the User and the Company.

  • Personal Data: Refers to personal data as defined in Regulation No. 2016/679, known as the General Data Protection Regulation ("GDPR"), that the Company collects as part of making the Platform available.

  • Intellectual Property Rights: Refers to all literary and artistic property rights (copyright and related rights), as well as industrial property rights (trademarks, designs, patents) as provided by the Intellectual Property Code and international treaties.

  • Function(s): Refers to any function made available to the User on the Platform.

  • Identification Data: Refers to both the User’s identification code and the chosen login password.

  • Assets: Refers to all kinds of physical assets that are the subject of Services provided by the Company to the User.

  • User: Refers to a manager, an admin, a staff member, an owner or a vendor.

  • Service(s): Refers to the asset management services provided by the Company to the User.

  • Site: Refers to the company's showcase website accessible at its URL address (o).

ARTICLE 2: PURPOSE AND SCOPE

The Platform is a tool that enables each User to review and monitor the Services provided by the Company for each Asset they wish to manage on the Platform.

These Terms apply without limitation or reservation to the use of the Features and technological tools provided to Users by the Platform.

The Terms are accessible at any time on the Platform or, upon the User's request, at the address (o) and shall prevail over any other version or conflicting document.

ARTICLE 3: ACCEPTANCE OF TERMS AND MODIFICATION

Use of the Platform is subject to the User’s acceptance of these Terms in effect at the time of accessing the Platform.

By using the Platform and its Features, the User unconditionally accepts these Terms and agrees to be bound by the Terms in effect at the time of accessing the Platform. The User declares and acknowledges having read these Terms. If requested by the User, any failure to accept the Terms will preclude the User from accessing the full range of Features.

The provisions of these Terms constitute the entire agreement between the User and the Company and supersede any prior oral or written agreements between the Parties (and any entities under their control) concerning the subject matter of these Terms.

The Terms remain in effect for the entire duration of the User’s use of the Platform. The Company reserves the right to modify these Terms and will notify each User via email. If the User does not accept these modifications, they are free to stop using the Platform. Otherwise, the new Terms shall apply from the next use of the Platform following the effective date of the new Terms, and any subsequent use by the User implies acceptance of the new Terms.

ARTICLE 4: ACCESS TO THE PLATFORM – ACCOUNT CREATION
  • 4.1 The Platform is accessible to any User with internet access. All related access fees, whether hardware, software, or internet access, are the sole responsibility of the User.
  • 4.2 The Platform is not accessible to minor or adult Users who are under a legally reserved protection regime.
  • 4.3 Access to the Platform is granted by the creation of an Account by the User or through identifying their Account on the Platform if the User already has an Account.

Different users have varied access levels based on the status assigned by the Super Admin, such as:

  • - Super Administrator
  • - Admin
  • - Owner
  • - Staff
  • - Vendor

The identification procedure on the Platform requires the provision of Identification Data, which includes:

  • - Email Address
  • - Password

Additionally, two-factor authentication is also required.

If the User does not have an Account, they will need to provide personal information so the Company can contact them to create the Account.

Identifiers are personal and confidential and may only be changed upon User request. The User is obligated to keep their chosen Identification Data secret and not disclose it in any form. The User guarantees that they will protect their Account data and is fully responsible for any use of their Account by themselves or third parties. If an identifier is lost, the User must notify the Company and follow the established recovery procedure.

The company disclaims all liability in the event of loss or misuse of this information.

ARTICLE 5: DESCRIPTION OF FEATURES

By using the Platform, Users gain access to all Features authorized by their Super Admin. Based on these permissions, Users may access various functionalities, including:

  • - Management of information, tasks, projects, contractors, and asset settings;
  • - Management and display of user-assigned tasks;
  • - Management and review of ongoing projects;
  • - Management and review of asset maintenance history;
  • - Consultation of asset information;
  • - View ongoing projects;
  • - Access control for each User under their account.

The Company reserves the right to update the features or modify the Platform without notice.

ARTICLE 6: FINANCIAL CONDITIONS
  • 6.1 Platform access and Feature usage are available to the User for a fee. Prices are listed on the estimate in Euros or US Dollars, excluding taxes.

  • 6.2 Unless otherwise stated in the estimate, Services are billed annually. The annual fee is specified in the invoice, and full payment for twelve months is due upon subscription.

  • 6.3 In the event of a late payment, penalties calculated at the European Central Bank rate, plus 10%, are owed to the Company by default without notice. These penalties apply automatically, and all amounts due become immediately payable.
  • 6.4 Any discounts or rate reductions are at the Company's discretion and apply only to the specific Service(s) in question, without creating an entitlement to such concessions for future Services.
ARTICLE 7: CLIENT OBLIGATIONS

The User agrees to refrain from:

  • - Using the Platform illegally or in a manner inconsistent with these Terms and Conditions;
  • - Selling, copying, reproducing, renting, lending, distributing, transmitting, or sublicensing any part of the Platform;
  • - Attempting to gain unauthorized access to the Platform's IT system or engaging in any activity that interferes with its functionality;
  • - Introducing viruses or other malicious software into the Platform;
  • - Violating the Company’s Intellectual Property Rights or reselling or attempting to resell Platform elements to third parties;
  • - Disparaging the Platform elements or the Company on social media or other communication channels.

The User agrees to use the Platform in a manner compliant with applicable laws and regulations and to not infringe upon the rights of third parties or public order.

Failure to comply with these Terms entitles the Company, at its sole discretion, to temporarily or permanently suspend the User's Account, restrict access to the Platform, and pursue civil and criminal actions against the User.

ARTICLE 8: INTELLECTUAL PROPERTY

The Platform's overall structure and all Content and elements therein (logos, copyrights, trademarks, domain names, etc.) are the exclusive property of the Company or its licensors.

All these rights are reserved worldwide.

The Company grants the User a personal, non-exclusive, non-transferable, revocable license to use the Platform solely for the duration of their use in accordance with these Terms.

The User agrees to the following prohibitions:

  • (i) The Users shall not copy, reproduce, display, exploit, adapt on any medium, or allow any third party to copy, reproduce, display, exploit, or modify any Platform elements, including but not limited to images, photographs, animations, videos, audio files, fonts, logos, illustrations, compositions, interfaces, texts, and other documents.
  • (ii) The Users shall not extract any part of the Platform or its Content.
  • (iii) The Users shall not extract or use any modified version of the Platform (including derivative works based on the Platform or any of its Content).
  • (iv) To the fullest extent allowed by applicable law, the Users shall not reverse engineer, compile, decompile, disassemble, or in any way to obtain its source code, underlying algorithms, or ideas.
  • (v) The Users shall not distribute, sublicense, assign, share, sell, lease, or loan the Platform or its associated Content, nor engage in any form of time-sharing or other exploitations of the Platform and its Content.
  • (vi) The Users shall not remove or modify any copyright, trademark, or other proprietary rights notices on the Platform, whether they belong to the Company or third parties who have licensed such elements to the Company (including for referencing third-party trademarks, products, or distinctive signs).
  • (vii) The Users shall not upload files to the Platform containing viruses, corrupted files, or other similar programs that may damage or alter the functioning of another person’s computer, the Platform Features, Platform functionality, or telecommunications equipment.
  • (viii) The Users shall not use the Platform to store or transmit files, documents, data, text, images, videos, or any other content that is illegal or infringes upon third-party intellectual property rights.
  • (ix) Unauthorized Purposes: The Users shall not use the Platform for any purposes other than those expressly authorized by these Terms.
  • (x) Unauthorized Access: The Users shall not attempt to gain unauthorized access to the Platform or any of its Features.
  • (xi) Bypass Prohibition: Additionally, circumventing measures used to prevent or restrict access to the Platform is prohibited. Upon termination of the User Account, the associated non-exclusive license will be terminated immediately, automatically, and by right.

If the User or any authorized user provides Asset Wins with suggestions, ideas, improvements, modifications, feedback, error identifications, or other information concerning enhancements to the Services or any other Asset Wins product, offer, or service ("Feedback"), Asset Wins shall have the irrevocable right to use, disclose, exploit, and modify such Feedback perpetually and without limit. Such use is without any obligation to provide compensation or royalties to the User or its users, including but not limited to using the Feedback to improve Services, develop, market, offer, sell, and deliver new products or services.

ARTICLE 9: TERM AND TERMINATION

Service subscription commences when the Company sends a confirmation email to the User after receiving the payment in accordance with Article 6 of the Terms, for a period of twelve (12) months. This subscription will renew automatically for the same duration as initially subscribed.

The User may opt not to renew their subscription by sending a registered letter an official email to the Company no later than three (3) months before the renewal deadline. In this case, the termination will take effect immediately. The User may also terminate their subscription without notice or penalty in the event of a significant breach by the Company of its obligations as defined in these Terms.

The Company reserves the right to temporarily suspend the User's Account, immediately block their access to the Platform and Sites, terminate the Terms by right without notice or penalty, and delete the User's Account if:

  • (i) The User breaches any obligations under these Terms and the applicable laws and regulations concerning their activity;
  • (ii) The User damages the Company’s image, reputation, or business or defames the Company;
  • (iii) The User infringes upon third-party rights or public order;
  • (iv) The User engages in fraudulent activities;
  • (v) The Company needs to comply with any legal or regulatory obligation. In all the above cases, the Company may, at its discretion, prohibit the User from creating a new account and/or take all necessary measures to prevent the User from using the Platform. The Users will have the opportunity to clarify the facts and circumstances.

If Service payments are not made by the due date, the User is granted an additional thirty (30) days from that due date to make the payment. The Company will notify the User in writing, specifying the amount owed and any applicable late payment penalties.

If payment is not received within the thirty (30) day grace period, the Company reserves the right to suspend or restrict access to the Platform and related professional services until full payment is received, including any applicable late penalties.

If payment remains outstanding beyond the grace period, the Company may terminate the subscription to the Services.

In any event, as the contractual relationship was established for a specific period, the Users agree to pay the full amount for the Subscribed Services. Early termination does not release the Users from their obligations unless mutually agreed in writing by the Parties.

In the event of termination due to non-payment, the User has sixty (60) days to download or extract their User Data stored by the Services at the time of termination.

ARTICLE 10: LIABILITY

The Company is not liable for any misuse of the Platform by the User or for any fault attributable to the User during their use of the Platform. More generally, the Company cannot be held liable for actions by the Client, an auditor granted access, or third parties. The User alone is responsible for their use of the Platform and agrees to indemnify and hold the Company harmless from any damage, loss, or lost revenue resulting from claims against the User or an auditor granted access.

The Company’s liability cannot be engaged if internet networks, telephone lines, or equipment failures prevent access to the Platform. The Company is not responsible for damage unrelated to its obligations, electronic equipment, or data stored therein, including any resulting consequences. It is the User's responsibility to protect their electronic equipment and data from any potential attacks.

The Company disclaims any responsibility for consequences arising from the User’s access to the Platform that are not directly and exclusively attributable to a breach of the Company’s obligations under these Terms. This includes any damages resulting from unauthorized access or third-party actions that impact the User’s Platform experience without direct fault by the Company.

In conclusion, the User acknowledges and accepts that the Company’s responsibility is strictly limited to cases of direct damages solely resulting from proven breaches of the Company’s obligations as outlined in these Terms.

ARTICLE 11: SUPPORT

The Company provides a support service to assist with any Account or Feature-related questions. For any inquiries, clarifications, or complaints, the User should first contact this support service to resolve the issue. Support can be reached at:

Email: support@assetwins.com

Mailing Address:

Residence du Moulin Blanc

Batiment Les Bruyeres

8990 Saint Tropez France

The Company endeavors to respond to inquiries within a reasonable time.

ARTICLE 12: AVAILABILITY AND WARRANTY DISCLAIMER

The Platform is accessible 24 hours a day, 7 days a week, subject to the exceptions outlined below.

The Platform’s Features are provided on an "as-is" and "as-available" basis.

The Company does not guarantee error-free, timely, or secure access to the Platform. The Company is not obligated to provide any personalized support, including technical assistance.

The Company disclaims any express or implied warranties, including but not limited to those regarding the quality or suitability of the Platform for any particular purpose.

The Company makes no guarantee that information transmitted by Users will be protected from unauthorized access by third parties, damage, or interception, nor does it guarantee that information and data circulating on the Internet are protected from potential attacks or misuse.

The Company reserves the right to modify or discontinue, either temporarily or permanently, the Platform and/or its Features (or any part thereof) at any time and from time to time, with or without notice. The Company shall not be held liable to Users or any third parties for any modifications, suspensions, or interruptions of the Platform and/or its Features.

Where possible, temporary interruptions of the Platform will be announced at least 24 hours in advance, except in cases of emergency.

In the event of a permanent shutdown of the Platform, Users will be informed at least one (1) month prior to the shutdown date.

ARTICLE 13: PERSONAL DATA PROCESSING

  • 13.1 GDPR Compliance

    In accordance with the European General Data Protection Regulation (GDPR), the User is informed that certain information about them is collected by the Company to allow them to use the Platform and benefit from the Features provided by the Company.

    The Company will implement all necessary technical and organizational measures to comply with the protection of Personal Data and commits to taking reasonable steps to ensure the confidentiality of this Data in accordance with applicable regulations.

    The conditions governing the collection and processing of Personal Data are outlined in the Privacy Policy available on the Platform or accessible at the following address: (o).

  • 13.2 Data Controller and Processor

  • 13.2.1. Data Controller

    • (a) The User, who utilizes the application provided by the Company, is the data controller as defined in Article 4(7) of the GDPR for all personal data entered, managed, and processed by the User within the Application.
    • (b) As the data controller, the User is responsible for complying with GDPR obligations, including processing data in a lawful, fair, and transparent manner (Article 5 of the GDPR) and implementing appropriate technical and organizational measures to protect personal data (Article 24 of the GDPR).
    • (c) Cela signifie que l'utilisateur est seul responsable de l'obtention des bases juridiques nécessaires au traitement des données personnelles de son personnel, de ses collaborateurs ou d'autres personnes concernées utilisant l'application.

  • 13.2.2. Data Processor

    • (a) The Company acts as a data processor as defined in Article 4(8) of the GDPR when it processes personal data on behalf of the User within the scope of services provided through the Application.
    • (b) The Company will only process personal data in accordance with the User’s written instructions, as required by Article 28(3) of the GDPR, and will take appropriate measures to ensure the security of personal data.
    • (c) A separate data processing agreement is established between the User and the Company, detailing the specific obligations and responsibilities for personal data processing in compliance with Article 28 of the GDPR.

  • 13.2.3. Responsibility

    • (a) The Company is not responsible for personal data processing carried out by the User within the Application. The User is fully accountable for GDPR compliance when processing the personal data of their employees, users, or other relevant individuals.
    • (b) The Company’s responsibility under the GDPR extends only as far as its role as a data processor, where it processes data strictly according to the User’s instructions.

  • 13.2.4. Data Breach Notifications

    • (a) In the event of a personal data breach, the Company will inform the User as promptly as possible, in accordance with Article 33 of the GDPR, so that the User may fulfill their obligations as the data controller.

  • 13.2.5. Rights of Data Subjects

    • (a) The User is responsible for addressing requests from data subjects regarding their rights under the GDPR, including the rights of access, rectification, erasure, or data portability.
    • (b) The Company must, if necessary, provide reasonable cooperation to enable the User to respond to such requests, in accordance with Article 28(3)(e) of the GDPR.
ARTICLE 14: FORCE MAJEURE

The Company shall not be held liable or deemed to have breached its obligations under these Terms for any failure to perform due to a force majeure event as defined by French law and jurisprudence, provided that the Company notifies the other party of such an event and makes every effort to limit any resulting damages and to fulfill its obligations as soon as the force majeure situation ends.

Any event beyond the Company’s reasonable control, against which it could not reasonably protect itself, constitutes a force majeure event, suspending its obligations under these Terms. Such events include, but are not limited to, strikes, technical failures (e.g., power outages, telecommunication and hosting providers), cessation of energy supply (such as electricity), and failures in the electronic communication networks upon which the Company depends or any replacements thereof.

ARTICLE 15: NON-WAIVER

The failure of either party to enforce any provision of these Terms, whether permanently or temporarily, shall in no way be construed as a waiver of that party's rights to enforce that provision in the future.

ARTICLE 16: SEVERABILITY

Should any provision of this Agreement be annulled or deemed unenforceable, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force so long as the general intent of the Agreement can be preserved.

If the enforcement of one or more clauses becomes impossible due to annulment, the Parties shall strive to agree upon a new clause that closely mirrors the intent and letter of the original clause, with the other provisions remaining in effect.

If such a replacement provision cannot be agreed upon, or if the Agreement’s general purpose is fundamentally compromised, the Parties may, by mutual written consent, declare the entire Agreement null and void.

ARTICLE 17: HEADINGS

In the event of any interpretative issues between the heading and the text of any article or clause, the headings shall be deemed to be non-existent.

ARTICLE 18: APPLICABLE LAW

These Terms are governed by French law.

They are drafted in French and English.

In the event of translation into one or more other languages, only the French text shall prevail in the case of any dispute.

ARTICLE 19: DISPUTE RESOLUTION

In the event of a dispute arising from the interpretation or execution of these Terms or in connection with these Terms, the Parties agree to make every effort to resolve such disputes amicably.

HOWEVER, IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT WITHIN THIRTY (30) DAYS, THE DISPUTE SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, FRANCE.

If any part of this article is deemed unenforceable, the remaining provisions of this article shall remain fully in effect and shall be interpreted and applied as if the unenforceable part were not included.