Terms of Use
Purpose
These General Terms of Use are intended to define the conditions under which the services of the SONDO digital platform (hereinafter referred to as the “Service”) are made available, as well as the conditions governing the User’s use of the Service.
The SONDO platform is accessible via a web interface and a mobile application for iOS and Android devices.
The SONDO platform is offered to educational institutions on a subscription basis.
Any access to and/or use of SONDO implies full acceptance of and compliance with all the terms of these Conditions. If the User does not wish to accept all or part of these General Terms, they are required to refrain from using the Service.
Legal Notice
IM FRANCE publishes the SONDO digital platform:
IM FRANCE
2 rue Alfred Kastler
44300 Nantes – France
SAS with a share capital of €100,000
RCS Nantes 843 736 372
Definitions
Administrators: refer to employees of the INSTITUTION who are authorized by it to access the Platform and manage Users and Books.
Books: refer to audio books and books in FROG format selected by the INSTITUTION from the titles available in the catalogue, to be made available to Users via the Platform.
Platform: refers to the digital platform named SONDO, which enables Users to access Books via a web interface and a mobile application for iOS and Android devices.
Users: refer to students and employees of the INSTITUTION who are authorized by it to access the Platform in order to consult the Books.
Access to the Service
IM FRANCE undertakes to provide access to the Platform to the Administrators and Users of the INSTITUTION and to make the Books available to Users via the Platform, as an essential obligation.
IM FRANCE undertakes to provide the INSTITUTION with login credentials and passwords enabling its Administrators to access the dedicated administration area of the Platform. The INSTITUTION undertakes to change the passwords provided as soon as possible via its administration area.
The INSTITUTION is responsible for managing the Users authorized to access the Books, as well as the list of Books accessible to Users and their favorite Books. Administrators access the Platform remotely to manage Users and the list of Books using their login credentials. The INSTITUTION undertakes to ensure that its Administrators use the Platform solely for the purpose of managing Users and the list of Books.
The INSTITUTION establishes the list of titles it wishes to include on its Platform. IM FRANCE undertakes to process all requests and to inform the INSTITUTION of its decision regarding the availability of the requested titles.
Users may access the Books remotely in one of two alternative ways.
If the INSTITUTION is connected to the secure digital resource access service known as the “Digital Resource Access Manager” (Gestionnaire d’Accès aux Ressources numériques – GAR), Users log in to their digital workspace (“ENT”) and access the Platform and the Books via this workspace without having to re-authenticate.
Otherwise, Users log in to their personal account on the Platform by entering their username and password and access the Books via an internet browser or the dedicated mobile application.
The INSTITUTION, its Administrators, and its Users may freely use the Platform within the limits of the usage rights granted by IM FRANCE.
Intellectual Property
IM FRANCE and its licensors hold all intellectual property rights relating to the FROG format, the Platform, and all its components, including software, text, illustrations, logos, and trademarks, with the exception of the Books.
All elements composing the Books, with the exception of the FROG format, are the intellectual property of their respective publishers.
Personal Data
When the INSTITUTION uses the GAR, Users may log in to their ENT and access various resources, including the Platform, without having to re-authenticate. In this case, the data controller for the processing of Users’ personal data carried out by the GAR is the French Ministry of National Education. The INSTITUTION is not responsible for this processing. IM FRANCE does not process Users’ personal data, except where it receives Users’ first and last names in order to personalize the Platform’s access interface. IM FRANCE acts as a resource provider receiving data from the GAR under the GAR subscription agreement concluded with the Ministry. The INSTITUTION is not involved in this personal data processing.
When the INSTITUTION does not use the GAR, it instructs IM FRANCE to process Users’ personal data on its behalf via the Platform, so that Users may use the Platform to access and consult the Books for the duration of the Contract.
The INSTITUTION therefore acknowledges that IM FRANCE acts as a data processor.
The personal data processed by the Platform include Users’ first name, last name, email address (for Administrators), password, institution, and, where applicable, class.
Limitation of Liability
The use of works made available through the Service shall not, under any circumstances, incur the liability of IM FRANCE, for any reason whatsoever. The User alone is responsible for the appropriate and informed use of the works made available to them.
The User undertakes to keep their password confidential and not to disclose it in any form. It is the User’s responsibility to take all necessary measures to protect their own data against any breach.
The User undertakes, in general, to comply with all regulations in force in France. Furthermore, the User undertakes to indemnify IM FRANCE against any harmful consequences directly or indirectly related to their use of the Service.
Applicable Law and Jurisdiction
The rules of law applicable to content and data transmissions on and around the application are governed by French law. In the event of a dispute that cannot be settled amicably, only the French courts within the jurisdiction of the Court of Appeal corresponding to IM FRANCE’s registered office shall have competence.