Terms and Conditions

Definitions

Content means any data, including but not limited to electronic data, text, messages, communications, documents, physical world data, including but not limited to (i) photos, documentation, and imagery (ii) point cloud, elevation, and/or digital surface model data; (iii) technical data about sites and equipment (iv) contact information, dates and locations (v) contractual, financial and payment data.

Acernis apps means the Acernis web app, mobile phone app, and associated web services and platforms.

Services means documentation generation, documentation management, information management, and associated services provided by Acernis

User means any authorized Customer or other user of Acernis Apps and Services

Data Usage

Acernis claims no ownership over the User Content, and the User retains copyright and any other rights it already holds in the User Content. By uploading User Content and data to or displaying it through Acernis apps, the User to the fullest extent grants Acernis a non-exclusive, worldwide, transferable, sub-licensable, perpetual, irrevocable, royalty-free right to integrate, to modify and to use the Customer Content in Acernis apps to (i) provide Acernis Apps and Services to the Customer and to protect the Customer and Acernis, and (ii) evaluate, improve and further develop Acernis Apps and other products.

Acernis is not responsible for the accuracy and up to dateness of the User Content and data or any consequences resulting from their usage.

Permitted Use

The Customer and Users shall use Acernis Apps only for purposes and in a way that

a) are permitted by and in compliance with these terms and conditions;

b) are permitted by all applicable laws and regulations in the relevant jurisdictions.

The Customer and Users’ use of Acernis apps and services shall conform with the restrictions set forth in our commercial agreement with the Customer. We may monitor the Customer’s compliance with these restrictions.

All rights and obligations of the Customer under this Agreement shall apply mutatis mutandis to all Users.

The Customer assumes full responsibility for any Users’ use of Acernis apps and Services. Usage by a User shall be considered for all intents and purposes as the Customer’s use. The Customer undertakes to ensure that only sufficiently qualified Users use Acernis Apps and Services.

If the Customer becomes aware of any violation of its obligations caused by a User, the Customer must immediately inform Acernis.

Acernis and their subcontractors have the right to use customer content to provide Acernis apps and services to the Customer and Users, including the preparation of documentation and visualisations and for research and development of new apps and services.

Data we collect

In order to provide the Services to you and to improve Acernis apps and Services we collect data including:

  • The account data (username, contact details) you provide on signup and whilst using the Acernis apps

  • Your preferences and settings in Acernis apps

  • The Content you provide via Acernis apps and electronic communication

  • How you use Acernis apps, for example, order dates, usage of specific features

  • Your usage of our email messages and features, for example, whether emails are correctly delivered and opened.

  • Your Internet Protocol (IP) address, and details of which version of web browser you used

  • Information on how you use Acernis apps, using cookies and page tagging techniques

We use Microsoft, AWS and OVH cloud services to securely store, process and share your content to enable us to provide Acernis apps and services to you.

We use the Sentry and other software to process anonymized information about:

  • how well the pages performed on your device

  • performance bottlenecks your device experienced

  • software errors your device encountered

We use the Twilio Sendgrid service to send you emails and notifications about Acernis Apps and Services.

The Site Survey mobile phone app is subject to the following privacy policy https://www.kizeo-forms.com/en/privacy-policy/

Requests to remove data:

You can request for your data to be removed from Acernis apps at any time. Please contact us on support@acernis.fr to ask for it to be removed including full details of where the data is visible.

Changes to terms of use

Acernis reserves the right to make changes to the Terms of Use from time to time. Acernis shall notify the Customer of the changes and shall make a new copy of the Terms of Use available to the Customer.

Usage Restrictions

The User or Customer shall not:

  • distribute, sell or make available Acernis apps or Services to a third party except as permitted by their commercial agreements with Acernis

  • reverse engineer or attempt to extract source code from Acernis apps

  • perform an action that results in or is reasonably likely to result in the introduction of malicious files or data, viruses, malware or any other items which negatively affect Acernis and their users and customers.

  • rely solely on Acernis Apps or Services for critical activities.

  • infringe on Acernis’ or their suppliers, users and customers’ intellectual property rights and copyrights.