These general terms of use and service (hereinafter referred to as "GTS") govern contractual relations between on the one hand, NEMESIT, a simplified joint-stock company with share capital of €5,000, registered with the Trade and Companies’ Register of Lille Métropole under number 877 803 221 and whose registered office is located 679 Avenue de la République, 59800 LILLE, France (hereinafter referred to as "NEMESIT") and on the other hand, any person using the CHRONOS solution (hereinafter the "Platform") with an online account (hereinafter referred to as the "User").
The GTS are available on the NEMESIT website at the following URL address: https://www.nemesit.com/Home/Terms
The GTS govern the conditions that apply to the use of services offered by NEMESIT via its Platform.
NEMESIT grants the User:
Any account creation and/or any use of the Platform implies the acceptance without any reservation by the User of the GTS. The GTS are automatically brought to the attention of the User during the creation of the account required to use the Platform.
NEMESIT reserves the right to amend the GTS at any time, particularly on account of legislation and regulation evolutions. They shall apply as soon as they are posted on the website https://www.nemesit.com/. In that case, the applicable CGU shall be the ones in force on the date of creation of the account or the last use of the Platform. NEMESIT shall inform by any means the Users of any change in the GTS.
The Platform is a website allowing the creation of ABAP codes, proprietary programming language that is part of the SAP® software package. It is understood that NEMESIT is in no way bound to the SAP® software editor and shall not claim any intellectual property right on items composing the software.
The Platform is available via the https://www.nemesit.com/ website.
NEMESIT offers different packages which must be strictly taken out by the User for the use of one or more functionalities offered by the Platform (Hereinafter "Subscription").
| Thirty-day (30) subscription | One-year (1) subscription |
| € 960.00 excluding VAT by User |
€ 9600.00 excluding VAT for the first User € 1800.00 excluding VAT for any additional User subscribed at the same time than the first User |
The User can get a trial version for a period of seven (7) days as from the subscription.
The User may subscribe to NEMESIT offers, available at the following URL address: https://www.nemesit.com/#Pricing
One the subscription is signed, the User has the possibility to use the Platform’s functionalities.
An instruction manual is available before creating programmes.
It is the User’s responsibility to perform tests in an IT environment different than the one of the production environment (for example, on different virtual computers and machines) and on dummy or anonymised data.
The creation of an account online allows access to a storage area of programmes dedicated to the User on the Platform. The User shall have the possibility to save up to one hundred (100) created programmes maximum on his online account to set up a library of reusable codes or to save his ongoing work.
In order to use the Platform’s functionalities, the User must fill in the form to create accounts by clicking on the link "Register" and by filling in specifically the following information: E-mail address, password. The User is informed that this information is essential for the provision of NEMESIT services.
During the account creation, each User expressively accepts the GTS after reading them, by checking the box before the following text: "I accept the General Terms of Service".
An activation e-mail is sent to the e-mail to finalise the account creation. After validation of the account, the User has a personal space after his registration on the Platform, which he can access thanks to his log-ins.
Once connected, the User is invited to fill in the following information: Name, Surname, corporate name, address of the company or the User, company’s VAT number. Mandatory information is marked with an asterisk. This information is required to draw up the NEMESIT invoice and the User will not be able to sign the Subscription without the information of these.
To this end, the User undertakes to fill in the form in good faith by providing true details and not steal the identity of a third party. The User also undertakes to keep them updated during all the use period of the Platform.
Users may only have one account per natural person. The User is informed that any simultaneous connection on his account, from another terminal or browser, shall result in the automatic disconnection of the first opened session.
These log-ins are strictly personal and confidential. The User therefore undertakes to keep them secret and not to reveal them in any form whatsoever.
Any use of log-ins by the User is therefore carried out under his full responsibility.
In case of loss, theft or diverted use of these log-ins, the User undertakes to inform NEMESIT as soon as possible. NEMESIT will then be able to decide to cancel the User’s log-ins and give new ones to the User.
Should NEMESIT have no information, and unless proved otherwise, any connection or transmission of requests or data carried out using the User’s log-ins, shall be deemed coming from the latter and shall be under his exclusive responsibility.
If the User is a natural person acting on his own behalf, he then certifies he is an adult and is qualified.
The User undertakes to use the Platform in compliance with applicable laws and regulations. Although the User defines, under his full responsibility, the contents he publishes on the Platform; he undertakes, in particular, not to use the Platform to:
It is specified that NEMESIT does not carry out any verification in this respect. Likewise, NEMESIT does not make any verification nor moderation a priori on programmes edited by the Users.
However, if NEMESIT notes or receives information saying that a User uses the Platform for illicit purposes or does not comply with conditions provided for by this article and/or that NEMESIT considers as contrary to applicable laws or regulations, then the latter shall delete the concerned contents and suspend the account of the User as mentioned in article 9 of the GTS.
The Platform subscription fees is one of those in force on the day of the confirmation of the subscription to the service to be paid.
Therefore, NEMESIT reserves the right to change prices at any time, while guaranteeing to the User, the enforcement of the price in force on the day of subscription.
Subscription fees are mentioned in euros Excluding VAT.
Subscription fees as well as other possible fees connected to the use of the Platform, such as taxes and possible transaction fees, are payable in full, cash and in advance.
A copy of invoices issued by NEMESIT are available on the User’s online account.
In case of late payment and payment of sums due by the User, the remaining sum due are automatically increased and without a prior formal notice for late payment, for which the rate is equal to three (3) times the legal interest rate. A lump-sum compensation for administration charges of forty (40) euros shall be automatically due without prior notice by NEMESIT in case of late payment.
All data provided and the recorded confirmation shall be the proof of the transaction.
Payment means accepted by NEMESIT are specified at order payment. NEMESIT reserves the right at any moment to modify and/or limit available payment means.
The payment is made by credit card or by bank transfer, depending on payment mean availability and the option selected by the User. The following credit cards are accepted: Visa, Mastercard and American Express.
Payments by credit card shall be made via the Stripe secure payment platform on which the User is invited to consult the GTS on this page.
NEMESIT is not affiliated to the payment provider and therefore, declines all responsibility regarding all provided services by said provider, as well as possible damages or losses, whatever they are, resulting from the provider service.
The User may send a request for payment of the Subscription to another registered User. The subscription shall start only after payment by the designated payer.
Subscriptions are taken out by the User for a fixed-term period, either thirty (30) days, or one (1) year. All subscriptions are firm and final. There will be no refund.
If the User wishes to take out a Subscription, while he already benefits from a monthly or annual subscription still in progress, the new Subscription shall start on the date of termination of the current Subscription.
Functionalities offered to the User on the Platform shall end automatically and immediately on the date of termination of the Subscription.
NEMESIT reserves the right to suspend access to the Platform by a User and/or to terminate his Subscription by right, after advising the User by email of the breach without change, in the event of:
After the Subscription ends, the User’s information will be kept for 2 years. At the end of the 2 years, NEMESIT undertakes to suppress his data and the User undertakes, as for him, to cease any use of its Identifiers.
NEMESIT grants the User a non-exclusive, person and non-transferable licence authorizing it to use the Platform and its functionalities
Any other operation or use of the Platform, its functionalities, their contents and in particular date they contain is excluded from the scope of this licence and may be made only after obtaining the written and prior authorization of NEMESIT.
The User is advised that the contents and the presentation of the Platform, in particular the texts, pictures, drawings, graphic charts, are protected by the intellectual property right law.
Accordingly, the User shall refrain from copying, reproducing or distributing all or part of the elements on the Platform, in any form whatsoever, unless NEMESIT gives it written and prior agreement.
NEMESIT owns all the intellectual property rights on the Platform, as well as by related literature. The licence to use granted by NEMESIT and whose terms are defined in the GTS entails no transfer of intellectual property to the User’s benefit. Accordingly, the User shall refrain from any scheme or action that may directly or indirectly damage NEMESIT’s copyrights on the Platform.
The User undertakes not to rebuild or attempt to rebuild an Internet site, application or any other software aiming at offering, directly or indirectly, free of charge or against payment, the same services or services comparable to those available via the Platform. The User undertakes not to distribute or sell, in any manner whatsoever, the contents and programmes obtained via the services in order to help a person to rebuild, in full or in part, such an application or equivalent services.
The non-compliance of these conditions lays the User open to the suspension of services as well as to criminal and civil proceedings provided for by law.
The information provided by the User, at the time of his registration and the use of the Platform are personal data whose collection and processing are provided for in our Date Protection policy.
By accepting these GTS, the User acknowledges he read the date Protection Policy (https://www.nemesit.com/Home/Privacy).
NEMESIT, in its capacity of in charge of the processing undertakes to take all appropriate steps to ensure the protection, the secrecy, the integrity and the security of the data forwarded by the User.
In accordance with the act on Computing and Liberties dated 6 January 1978 amended and to the Regulations 5EU) 2016/679 relating to the protection of personal data, any User who is an individual has a right of access, right to rectify, right to erase (right to be forgotten), right of opposition, right to the limitation of the processing, right to portability. You may also define instructions relating to the keeping, erasing and transmission of your personal data after your death.
These rights may be exercised directly, on line and without delay via the following email address:
Users may file a claim with the control authority at any time.
The User alone is responsible for any damage he may cause to third parties or to NEMESIT, its representatives, its directors, its employees, and which would result from the breach to its contractual or legal obligations.
The User undertakes to be answerable to these persons and to protect NEMESIT from any damageable consequences resulting from the breach, in particular in the event of complaint, action, implication or even liability, before any court whatsoever.
NEMESIT makes great efforts to ensure the proper operation of the Platform, within the limits of the responsibilities provided for by the GTS. In any case NEMESIT’s responsibility as regards the service rendered is a responsibility of means.
NEMESIT provides no guarantee, whether formal or implicit, including, any guarantee of quality and adequacy to a specific use of the Platform supplied to the User and any guarantee in relation to the information and data provided for by the Users that may be obtained via the Platform, in particular as regards their reliability and accuracy.
NEMESIT’s full responsibility relating to any breach, negligence or fault, noted upon the performance of its services, shall have their ceiling fixed at the amount of sums paid for the subscription taken out by the User, in order to cover the claims of any kind (interest and costs incl.), whatever the number of shares, grounds put forward, or parties in the dispute.
Moreover, NEMESIT may be not be held liable in the following cases:
NEMESIT shall not be answerable for its insurers, nor indirect damage, nor for the loss of income or loss of opportunity or profits expected, nor for the financial consequences of actions possibly instituted by third parties against the User.
The Platform in principle is accessible 24/24 and 7/7, however, NEMESIT accepts no responsibility, without the list being restrictive:
None of the parties may be held liable for delay or absence of performance of all or part of its obligations under the GTS due to an event of force majeure, if the latter satisfies the legal and case law conditions required to quality the force majeure under French law.
However, the parties agree that the following events shall be deemed force majeure cases: stop of the supply of energy, failure and/or interruption of transmission networks including the access to the Internet network, breakdown and/or sabotage of telecommunication means, computer pirating acts, fire, thunder, flood and other natural disaster, water damage, extraordinary bad weather, damage, disease, riot, war, civil war, insurrection, attack, explosion, act of vandalism, total or partial strike, outside lockout from NEMESIT.
The various events will be force majeure cases whether they concern NEMESIT, its suppliers or partners.
The User may ask to have his account suppressed at any time, via the following email address: . Nor refund shall be made.
NEMESIT reserves the possibility to suspend by right the account of a User in the event of breach of one of his obligations under the GTS.
If need be, NEMESIT will inform the User by email asking him to remedy the breach as soon as possible. However, if the nature of the breach is such that no proceedings may be carried out against the services, then NEMESIT may terminate by right the GTS and therefore suppress the User account immediately.
When the agreement expires, the User’s accesses to the Platform are suppressed.
In the event of suspension of his account, the User will no longer have access to the Platform as long as the breach to the origin of the suspension is not corrected.
In the event his account is suppressed, the User will no longer have access to the information it contains, in particular to the possible programmes he may have stored via his online account. The information recorded within the Platform shall be suppressed from NEMESIT’s databases.
NEMESIT reserves the possibility to suspend or restrict the access to all or part of the Platform and there interrupt the supply of the Platform’s functionalities, for maintenance.
The User shall be informed by an indication on the Platform.
NEMESIT informs the User that, for technical reasons, the updating or maintenance of the Platform may entail the suspension of programmes recorded on his online account. When NEMESIT announces an updating or maintenance operation, the User is invited to record the programmes he wishes to keep on another medium.
The User may contact NEMESIT by email for any question concerning the use of the Platform or via a contact form placed at his disposal at the following URL address: https://www.nemesit.com/Home/Contact.
The fact that NEMESIT does not exercise, at any time, a prerogative recognized by the GTS may not in any case be construed as a formal or tacit waiver of the right to exercise said prerogative in the future.
The invalidation of one or more provisions of these GTS will not affect the validity of the rest of the agreement and of any other clause.
The GTS are governed by French law, subject to the mandatory rules that may be provided for by other enforceable laws.
In the event of dispute, the User is invited to forward his claim to NEMESIT in the conditions mentioned in article 13.
In the event of dispute, occurring either in the construction or performance of the GTS, the parties decide that the dispute comes under French law and grant exclusive jurisdiction to the Lille Métropole Commercial Court.