TERMS AND CONDITIONS OF USE
DE LA PLATEFORME EXPÉRIMENTALE
COMMERCIFY BETA

PRÉAMBULE CONTEXTUEL

COMMERCIFY BETA IS AN EXPERIMENTAL GLOBAL DEMONSTRATION DESIGNED TO PROVE THE CONCEPT OF THE WORLD'S FIRST TRULY GLOBAL C2C MARKETPLACE.. THIS EXPERIMENTAL PLATFORM, DEVELOPED BY Stéphane Delamorte AS PART OF THE DREAMPROJECTAI PROJECT, REPRESENTS A TECHNICAL VALIDATION PROTOTYPE DESIGNED TO DEMONSTRATE THE FEASIBILITY OF A RADICALLY INNOVATIVE, INTERNATIONAL APPROACH TO ONLINE CLASSIFIED ADS PLATFORMS..

EXPERIMENTAL NATURE OF THE PROJECT: THIS INITIATIVE IS A PROOF OF CONCEPT THAT WILL BE DEPLOYED PROGRESSIVELY ON AN INTERNATIONAL SCALE, INITIALLY ON A VERY SMALL SCALE, UNTIL THE TECHNICAL ACHIEVEMENT DESIRED BY THE ADMINISTRATOR: A SEMI-AUTOMATED INTERNATIONAL AND GENERALIST PUBLISHING PLATFORM INTEGRATING AUTOMATED BADGE DISTRIBUTION AND SEMI-AUTOMATED CONTENT MODERATION.

FUNDAMENTAL DEMONSTRATIVE OBJECTIVE: THE PROJECT AIMS TO PROVE THAT THE HORIZONTAL SPECIALIZATION AND SEGMENTATION OF TRADITIONAL PLATFORMS IN NO WAY SERVES FUNDAMENTAL USER NEEDS, USER INTERESTS OR THE VERY ESSENCE OF CLASSIFIED ADVERTISING IN GENERAL. THE CORE INNOVATION AT THE HEART OF COMMERCIFY BETA IS THE CONCEPT OF HYPERPROFILE, AN EXCLUSIVE FEATURE DESIGNED TO DEFINITIVELY BYPASS THE CURRENT HORIZONTAL FRAGMENTATION LOGIC OF TRADITIONAL GENERALIST PLATFORMS, DESIGNED TO HUNT EFFICIENTLY, TO PUBLISH EVERYWHERE (HYPERVISIBILITY) AND TO EASILY CONTACT ANYONE IN THE WORLD ON A GLOBAL C2C MARKETPLACE AND A FIRST UNIFIED CLASSIFIED ADS PLATFORM FOR ALL USERS.

LEGAL AND COMMERCIAL STATUS: THIS EXPERIMENTAL PLATFORM IS INTENDED TO BE SOLD ON ONCE TECHNICAL VALIDATION IS COMPLETE, OR PUBLISHED AS OPEN SOURCE. THE DEFINITIVE BUSINESS MODEL WILL BE ROLLED OUT AT A LATER DATE BY FUTURE TRANSFEREES. FOR THE TIME BEING, THE CURRENT ADMINISTRATOR IS ACTING IN A PERSONAL CAPACITY, EXCLUSIVELY AS AN INDIVIDUAL FULLSTACK DEVELOPER, WITH NO FORMAL CORPORATE STRUCTURE, NO BUDGET AND NO ONE ELSE INVOLVED IN THE PROJECT..

ABSOLUTE EXPERIMENTAL GRATUITY: THROUGHOUT THE BETA PHASE (MINIMUM 1-2 YEARS), THE ADMINISTRATOR UNDERTAKES NEVER TO CHARGE TEST USERS. THIS TOTAL GRATUITY CONSTITUTES A FIRM AND NON-REVERSIBLE COMMITMENT DURING THE EXPERIMENTAL PERIOD.

PROTECTION OF THE HYPERPROFILE CONCEPT: THE ADMINISTRATOR AUTHORIZES THE USE OF THE TERM 'HYPERPROFILE' BY ANY COMPETITOR IN THE CLASSIFIED ADS SECTOR, ON THE EXPRESS CONDITION THAT THIS TERM IS USED TO DESIGNATE A CLASSIFIED ADS TOOL. THIS AUTHORIZATION IS SYMBOLIC, DOES NOT CONSTITUTE ANY LEGAL PROTECTION AND DOES NOT INCUR ANY LIABILITY.

ARTICLE 1 - DÉFINITIONS ET CADRAGE TECHNIQUE

1.1 FUNDAMENTAL DEFINITIONS

DIRECTOR

STÉPHANE DELAMORTE, SOLE NATURAL PERSON, CREATOR, DEVELOPER AND MANAGER OF THE COMMERCIFY BETA EXPERIMENTAL PLATFORM, ACTING EXCLUSIVELY IN HIS INDIVIDUAL AND PERSONAL CAPACITY WITH NO FORMAL CORPORATE STRUCTURE.

LISTING

ANY CONTENT PUBLISHED BY A USER ON THE EXPERIMENTAL PLATFORM AS PART OF THE VALIDATION OF THE OVERALL C2C CONCEPT, INCLUDING THE PROPOSAL OF GOODS, SERVICES, OR COMMERCIAL AND NON-COMMERCIAL OFFERS FOR THE PURPOSES OF TESTING THE SYSTEM. LISTINGS MAY BE SHORT-TERM (LIMITED DURATION), MEDIUM-TERM (SEVERAL MONTHS) OR LONG-TERM (MAXIMUM DURATION 3 YEARS) DEPENDING ON VALIDATION REQUIREMENTS.

ACCESS BADGE

ACCESS TO THE EXPERIMENTAL PLATFORM, STRICTLY LIMITED AND GRANTED AT THE DISCRETION OF THE ADMINISTRATOR TO PARTICIPATE IN THE PROOF-OF-CONCEPT PHASE. THREE DISTINCT CATEGORIES:

BADGE FREE

STANDARD ACCESS LEVEL, GRANTED FREE OF CHARGE, GIVING THE RIGHT TO USE THE ESSENTIAL FUNCTIONALITIES OF THE EXPERIMENTAL PLATFORM, INCLUDING THE DASHBOARD, THE ADVANCED SEARCH ENGINE AND THE HYPERPROFILE SYSTEM.

BADGE GHOST

SPECIFIC LEVEL OF ACCESS GIVING THE USER THE RIGHT TO TAKE PART IN THE EXPERIMENT ANONYMOUSLY. THIS STATUS ALLOWS CONTENT TO BE PUBLISHED AND EVALUATIONS TO BE ISSUED FROM A NON-CUSTOMIZABLE PROFILE, SUBJECT TO DEFINED QUOTAS, WHILE RETAINING FULL ACCESS TO DISCOVERY FUNCTIONALITIES.

PRO BADGE

PREMIUM ACCESS LEVEL OFFERING ADVANCED FEATURES AND THE ABILITY TO PUBLISH IN LARGE QUANTITIES

SPONSOR BADGE

PREMIUM+ ACCESS LEVEL FOR OPTIMUM VISIBILITY, CONTRIBUTING TO THE PLATFORM'S ECONOMIC VALIDATION

PUBLIC/PRIVATE BETA

SUCCESSIVE PHASES OF CLOSED THEN OPEN TESTING OF THE EXPERIMENTAL PLATFORM, LIMITED TO A RESTRICTED THEN ENLARGED NUMBER OF TEST USERS SELECTED TO VALIDATE THE CONCEPT.

COMMENTS

ANY OPINION, ASSESSMENT OR FEEDBACK MADE PUBLIC BY A USER UNDER A LISTING, AND SUBJECT TO THE PLATFORM'S MODERATION RULES.

POSITIVE FEEDBACK

PUBLIC EVALUATION OF A TRANSACTION OR INTERACTION JUDGED SATISFACTORY BY ITS AUTHOR, RESULTING IN A POSITIVE INCREMENT (+1) OF THE LISTING'S SCORE.

NEGATIVE COMMENT

PUBLIC EVALUATION OF A TRANSACTION OR INTERACTION DEEMED UNSATISFACTORY BY ITS AUTHOR, RESULTING IN A NEGATIVE DECREASE (-1) IN THE SCORE OF THE LISTING CONCERNED.

WORLDWIDE DEMONSTRATION

EXPERIMENTAL PROCESS FOR INTERNATIONAL VALIDATION OF THE HYPERPROFILE CONCEPT AND DECOMPARTMENTALIZATION OF TRADITIONAL C2C PLATFORMS.

HORIZONTAL FRAGMENTATION

CONCEPT DESIGNATING THE SYSTEMIC COMPARTMENTALIZATION OF THE LISTINGS MARKET, IMPOSED BY TRADITIONAL PLAYERS THROUGH ARTIFICIAL BARRIERS (GEOGRAPHICAL, LINGUISTIC, CATEGORICAL). THIS PRACTICE, DEEMED OPPORTUNISTIC BY THE ADMINISTRATOR, HAS THE EFFECT OF RESTRICTING ACCESS TO A UNIFIED GLOBAL MARKET, TO THE DETRIMENT OF USERS' FUNDAMENTAL INTERESTS.

HYPERPROFILE

A CENTRAL AND CONCEPTUAL FEATURE, THE EXCLUSIVE PROPERTY OF THE ADMINISTRATOR, ALLOWING THE USER TO DYNAMICALLY CONFIGURE HIS OR HER BROWSING EXPERIENCE BY AGGREGATING MULTIPLE CRITERIA (GEOGRAPHIC, LINGUISTIC, MONETARY, THEMATIC). HYPERPROFILE AIMS TO OVERCOME HORIZONTAL FRAGMENTATION BY OFFERING UNIFIED AND PERSONALIZED ACCESS AND EXPLORATION OF THE GLOBAL LISTINGS MARKET. THE ADMINISTRATOR AUTHORIZES THE USE OF THE TERM 'HYPERPROFILE' BY ANY COMPETITOR IN THE CLASSIFIED ADS SECTOR, ON THE EXPRESS CONDITION THAT THIS TERM IS USED TO DESIGNATE A CLASSIFIED ADS TOOL.

COMMUNITY MODERATION

THE PROCESS BY WHICH USERS PARTICIPATE IN ASSESSING THE RELIABILITY OF LISTINGS VIA THE TOOLS MADE AVAILABLE TO THEM (RATINGS, COMMENTS). THIS PROCESS HAS A DIRECT IMPACT ON THE LISTING SCORE AND MAY RESULT IN THE AUTOMATIC REMOVAL OF A LISTING FROM THE CATALOGS AND SEARCH ENGINE IN ORDER TO PROTECT THE COMMUNITY.

PLATFORM MODERATION

ALL THE PROCESSES AND TOOLS, WHETHER AUTOMATIC OR MANUAL, BY WHICH THE ADMINISTRATOR ENSURES COMPLIANCE WITH THESE CONDITIONS AND THE INTEGRITY OF THE EXPERIMENTAL ENVIRONMENT.

TEST PLATFORM

ALL THE DIGITAL SERVICES ACCESSIBLE VIA WWW.COMMERCIFY.ONLINE CONSTITUTING THE VALIDATION PROTOTYPE FOR THE GLOBAL C2C MARKETPLACE CONCEPT.

PROOF OF CONCEPT (POC)

THIS VALIDATION PLATFORM IS AN EXPERIMENTAL DEMONSTRATION OF TECHNICAL AND CONCEPTUAL FEASIBILITY.

SCORE LISTINGS

DYNAMIC CONFIDENCE INDEX ASSOCIATED WITH A LISTING. A DETERIORATION IN THIS INDEX (LISTING SCORE OF 2 OR 1 OR 0) CAN TRIGGER DISPLAYS, WARNINGS AND PREVENTIVE OR AUTOMATED MEASURES IN THE SHOPPING CART, AND ON THE PART OF USERS, THE ADMINISTRATOR OR THE PLATFORM. FOR EXAMPLE, A SCORE EQUAL TO 5 RESULTS IN MAXIMUM VISIBILITY IN ALL THE ORIGINAL CATALOGS AS WELL AS THE TOP CATALOG, ALSO KNOWN AS THE CATALOG OF TOP-RATED LISTINGS. ONLY LISTINGS WITH A SCORE GREATER THAN OR EQUAL TO 1 ARE PUBLISHED ON THE PLATFORM.

USER (TESTER)

A NATURAL PERSON OF LEGAL AGE OR A LEGAL ENTITY PARTICIPATING VOLUNTARILY IN THE EXPERIMENTAL PROOF OF CONCEPT, WITH A VALID ACCESS BADGE AND HAVING ACCEPTED THE PRESENT EXPERIMENTAL CONDITIONS.

1.2 EXPERIMENTAL FRAMEWORK AND LIMITATIONS

THE COMMERCIFY BETA EXPERIMENTAL PLATFORM IS EXCLUSIVELY A PROOF-OF-CONCEPT EXPERIMENTAL ENVIRONMENT. TEST USERS PARTICIPATE IN A RESEARCH AND DEVELOPMENT PROCESS WHOSE RESULTS, DATA AND CONCLUSIONS BELONG ENTIRELY TO THE ADMINISTRATOR AND TO THE DREAMPROJECTAI PROJECT.

ARTICLE 2 - OBJET ET PORTÉE DE L'EXPÉRIMENTATION

2.1 MAIN EXPERIMENTAL MISSION

1. 2.1.1   DEMONSTRATE THE TECHNICAL FEASIBILITY OF A UNIFIED GLOBAL APPROACH TO C2C CLASSIFIED ADS LISTINGS
2. 2.1.2   VALIDATE THE EFFECTIVENESS OF THE HYPERPROFILE CONCEPT IN OPTIMIZING USER INTERACTIONS
3. 2.1.3   PROVE THAT HORIZONTAL FRAGMENTATION MARKET FUNDAMENTALLY SERVES THE INTERESTS OF USERS
4. 2.1.4   ESTABLISH THE CONCEPTUAL SUPERIORITY OF A DECOMPARTMENTALIZED PLATFORM OVER TRADITIONAL SEGMENTED MODELS
5. 2.1.5   ENABLE TEST USERS PUBLISH AND CONSULT LISTINGS IN A GLOBAL EXPERIMENTAL ENVIRONMENT

2.2 ABSOLUTE EXPERIMENTAL CHARACTERIZATION

1. 2.2.1   A PERSONAL RESEARCH AND EXPERIMENTAL DEVELOPMENT PROJECT
2. 2.2.2   A TECHNICAL AND COMMERCIAL PROOF OF CONCEPT WITH NO IMMEDIATE COMMERCIAL VOCATION
3. 2.2.3   AN EXPERIMENTAL PROTOTYPE TO VALIDATE THE DECOMPARTMENTALIZATION OF C2C PLATFORMS
4. 2.2.4   A GLOBAL DEMONSTRATION OF THE POTENTIAL FOR RADICAL INNOVATION IN THE SECTOR
5. 2.2.5   GRADUAL VALIDATION DEPLOYED ON A CONTROLLED INTERNATIONAL SCALE

2.3 GEOGRAPHICAL AND JURISDICTIONAL SCOPE

ALTHOUGH THE TEST PLATFORM IS AIMED AT A WORLDWIDE DEMONSTRATION, IT IS GOVERNED EXCLUSIVELY BY FRENCH LAW. HOSTING AND OPERATION ARE CARRIED OUT IN COMPLIANCE WITH APPLICABLE FRENCH AND EUROPEAN LEGISLATION., THE ADMINISTRATOR CANNOT BE HELD RESPONSIBLE FOR THE SPECIFIC LEGAL CONSTRAINTS OF OTHER JURISDICTIONS.

EXCLUSIVE FRENCH JURISDICTION: NON-FRENCH USERS MUST EXPRESSLY ACCEPT THAT ANY DISPUTE WILL BE SETTLED EXCLUSIVELY BY THE FRENCH COURTS, SUBJECT TO MANDATORY CONSUMER PROTECTION PROVISIONS AND APPLICABLE RULES OF PRIVATE INTERNATIONAL LAW. IF THIS CONDITION IS REFUSED, THE USER REFRAINS FROM USING THE PLATFORM AND AUTOMATICALLY BECOMES OUTSIDE THE CGU.

ARTICLE 3 - ACCEPTATION DES CONDITIONS EXPÉRIMENTALES

3.1 INFORMED CONSENT REQUIRED

ACCESS AND USE OF THE TEST PLATFORM THIS ACCEPTANCE CONSTITUTES INFORMED CONSENT TO PARTICIPATE IN AN EXPERIMENTAL RESEARCH AND DEVELOPMENT PROCESS INVOLVING THE RISKS INHERENT IN ANY PROTOTYPE IN THE VALIDATION PHASE.

3.2 LEGAL CAPACITY AND PERSONAL LIABILITY

L' TEST USER DECLARES AND GUARANTEES UNDER ITS SOLE RESPONSIBILITY :

1. 3.2.1   BE AN ADULT NATURAL PERSON WITH FULL LEGAL CAPACITY OR A DULY REPRESENTED LEGAL ENTITY
2. 3.2.2   HAVE THE POWER AND CAPACITY TO CONTRACT AND ASSUME EXPERIMENTAL RISKS
3. 3.2.3   ACT IN HIS OR HER OWN NAME OR BE DULY AUTHORIZED TO BIND THE PERSON HE OR SHE REPRESENTS
4. 3.2.4   UNDERSTAND AND ACCEPT THE EXPERIMENTAL AND POTENTIALLY UNSTABLE NATURE OF THE PLATFORM
5. 3.2.5   ASSUME ALL RISKS RELATED TO ITS PARTICIPATION IN THIS EXPERIMENTAL VALIDATION

3.3 CHANGES IN EXPERIMENTAL CONDITIONS

THE ADMINISTRATOR SE RÉSERVE LE DROIT ABSOLU DE MODIFIER LES PRÉSENTES CONDITIONS EXPÉRIMENTALES À TOUT MOMENT, SANS PRÉAVIS NI JUSTIFICATION. LES MODIFICATIONS ENTRENT EN VIGUEUR IMMÉDIATEMENT DÈS LEUR PUBLICATION SUR LA PLATEFORME. LA POURSUITE DE L'UTILISATION APRÈS PUBLICATION VAUT ACCEPTATION AUTOMATIQUE DES NOUVELLES CONDITIONS.

IF YOU REFUSE TO ACCEPT THE NEW CONDITIONS, THE TEST USER MUST IMMEDIATELY CEASE ALL USE OF THE TEST PLATFORM.

ARTICLE 4 - SYSTÈME D'ACCÈS EXPÉRIMENTAL PAR BADGES

4.1 RESTRICTIVE BADGE ACCESS

ACCESS TO TEST PLATFORM IS STRICTLY CONDITIONAL ON POSSESSION OF A ACCESS BADGE GRANTED AT THE DISCRETION OF THE ADMINISTRATOR ACCORDING TO EVOLVING AND UNCHALLENGEABLE CRITERIA.

4.2 TERMS AND CONDITIONS AND REVOCATION

BADGES ARE DISTRIBUTED AS FOLLOWS:

1. 4.2.1   ATTRIBUTION AT COMMUNITY EVENTS (YOUTUBE LIVES, TEST SESSIONS)
2. 4.2.2   SELECTION BASED ON QUALITY OF PARTICIPATION IN EXPERIMENTAL VALIDATION
3. 4.2.3   DISTRIBUTION LIMITED BY THE PLATFORM'S TECHNICAL CAPABILITIES
4. 4.2.4   AWARD CRITERIA DEFINED AT THE DISCRETION OF THE ADMINISTRATOR

4.3 STRICT EXPERIMENTAL LIMITATIONS

1. 4.3.1   TOTAL NUMBER OF BADGES: STRICTLY LIMITED ACCORDING TO VALIDATION PHASES
2. 4.3.2   CAPACITY PER USER: MAXIMUM DEFINED BY BADGE CATEGORY
3. 4.3.3   VALIDITY PERIOD: BADGES CAN BE REVOKED INSTANTLY WITHOUT NOTICE OR JUSTIFICATION

4.4 ABSOLUTE EXPERIMENTAL FREE ACCESS AND A FIRM COMMITMENT

ACCESS TO THE EXPERIMENTAL PLATFORM REMAINS ENTIRELY FREE OF CHARGE DURING ALL VALIDATION PHASES (MINIMUM 1-2 YEARS). THE ADMINISTRATOR FIRMLY UNDERTAKES NEVER TO CHARGE TEST USERS DURING THIS EXPERIMENTAL PERIOD.

THIS TOTAL GRATUITY CONSTITUTES A NON-REVERSIBLE COMMITMENT DURING THE BETA PHASE AND DOES NOT CONSTITUTE ANY COMMITMENT FOR SUBSEQUENT PHASES OR FOR FUTURE OPERATORS OF THE VALIDATED PLATFORM.

CONSIDERATION FOR FREE ACCESS: THE USER ACKNOWLEDGES THAT THE NON-FINANCIAL CONSIDERATION CONSISTS OF EXPERIMENTAL ACCESS AS IT STANDS, VOLUNTARY PARTICIPATION IN TESTS (FEEDBACK), AND AUTHORIZATION TO USE CONTENT FOR THE SOLE PURPOSES DEFINED HEREIN.

4.5 BADGE AWARD CRITERIA AND TRANSPARENCY

BADGES ARE AWARDED ON THE BASIS OF OBJECTIVE AND TRANSPARENT CRITERIA: PARTICIPATION IN COMMUNITY EVENTS, QUALITY OF EXPERIMENTAL FEEDBACK, COMPLIANCE WITH TERMS AND CONDITIONS OF USE, AND TECHNICAL CAPACITY OF THE PLATFORM, WITHOUT DISCRIMINATION ON THE BASIS OF ORIGIN, GENDER, RELIGION, OPINION, DISABILITY, SEXUAL ORIENTATION OR ANY OTHER PROHIBITED GROUND. THE ADMINISTRATOR UNDERTAKES TO DOCUMENT DECISIONS TO AWARD AND REVOKE BADGES.

ARTICLE 5 - OBLIGATIONS RENFORCÉES DES UTILISATEURS TESTEURS

5.1 COLLABORATIVE PARTICIPATION IN VALIDATION

THE TEST USER S'ENGAGE EXPRESSÉMENT À :

1. 5.1.1   USE THE PLATFORM EXCLUSIVELY FOR THE PURPOSES OF EXPERIMENTAL VALIDATION
2. 5.1.2   SCRUPULOUSLY RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF THE ADMINISTRATOR
3. 5.1.3   PUBLISH ONLY CONTENT THAT IS LEGAL, TRUTHFUL AND COMPATIBLE WITH THE EXPERIMENTAL OBJECTIVES
4. 5.1.4   PARTICIPATE CONSTRUCTIVELY IN TESTING, IMPROVING AND VALIDATING THE PLATFORM
5. 5.1.5   PROVIDE DETAILED, USABLE FEEDBACK ON THE USER EXPERIENCE
6. 5.1.6   RESPECT THE CONFIDENTIALITY OF TECHNICAL AND STRATEGIC INFORMATION UNCOVERED

5.2 PROHIBITED CONTENT AND IMMEDIATE SANCTIONS

ARE STRICTLY FORBIDDEN AND WILL RESULT IN IMMEDIATE AND PERMANENT EXCLUSION:

1. 5.2.1   ANY CONTENT THAT IS ILLEGAL, DEFAMATORY, ABUSIVE, DISCRIMINATORY OR CONTRARY TO PUBLIC ORDER
2. 5.2.2   CONTENT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR OF THE ADMINISTRATOR
3. 5.2.3   PUBLICATIONS OF A PORNOGRAPHIC, PAEDOPHILIC OR IMMORAL NATURE
4. 5.2.4   APOLOGIE DU TERRORISME, INCITATION À LA VIOLENCE OU CONTENUS HAINEUX
5. 5.2.5   ATTEMPTS TO BYPASS, HACK INTO OR HIJACK EXPERIMENTAL SYSTEMS
6. 5.2.6   UNAUTHORIZED COMMERCIAL USE OF THE PLATFORM'S FUNCTIONS OR DATA

5.3 TRUTHFULNESS AND FULL RESPONSIBILITY FOR INFORMATION

THE TEST USER GARANTIT SOUS SA SEULE ET ENTIÈRE RESPONSABILITÉ L'EXACTITUDE ET LA VÉRACITÉ DE TOUTES LES INFORMATIONS COMMUNIQUÉES. IL S'ENGAGE À MAINTENIR CES INFORMATIONS À JOUR ET ASSUME L'INTÉGRALITÉ DES CONSÉQUENCES DE TOUTE INFORMATION ERRONÉE OU TROMPEUSE.

ARTICLE 6 - MODÉRATION RENFORCÉE ET PROCÉDURE DE CONTESTATION

6.1 ADVANCED HYBRID MODERATION SYSTEM

THE ADMINISTRATOR HAS A MODERATING POWER EXERCISED BY THE PLATFORM MODERATOR, WHICH COMBINES :

1. 6.1.1   AUTOMATED MODERATION: ARTIFICIAL INTELLIGENCE DETECTION AND FILTERING SYSTEMS
2. 6.1.2   ADMINISTRATIVE MODERATION: DIRECT INTERVENTION BY THE ADMINISTRATOR ACCORDING TO OBJECTIVE CRITERIA
3. 6.1.3   COMMUNITY MODERATION: REPORTING TOOLS AND EVALUATION BY TEST USERS

MODERATION IS CARRIED OUT ACCORDING TO OBJECTIVE AND DOCUMENTED CRITERIA, WITH THE POSSIBILITY OF CONTESTING VIA THE SUPPORT AREA WITHIN 3 MONTHS.

6.2 COMMUNITY MODERATION TOOLS

USER-TESTERS HAVE ACCESS TO COMMUNITY MODERATION TOOLS:

1. 6.2.1   POSTING COMMENTS: USERS CAN LEAVE PUBLIC NOTICES UNDER EACH LISTING
2. 6.2.2   EVALUATION BY SCORE: EACH POSITIVE OR NEGATIVE COMMENT ADJUSTS THE LISTING SCORE, INFLUENCING ITS VISIBILITY AND PERCEIVED RELIABILITY.
3. 6.2.3   REPORTING SYSTEM: A DIRECT REPORTING TOOL ALERTS THE ADMINISTRATOR TO POTENTIALLY ILLICIT OR NON-COMPLIANT CONTENT.

6.3 STRICT MODERATION POLICY WITH COMPLAINTS PROCEDURE

IN APPLICATION OF A STRICT MODERATION POLICY :

1. 6.3.1   NO LENIENCY WILL BE GRANTED FOR ANY BREACH OF THE EXPERIMENTAL RULES
2. 6.3.2   IMMEDIATE EXCLUSION WITH REVOCATION OF ACCESS BADGE IN THE EVENT OF SERIOUS VIOLATION
3. 6.3.3   CAN BE CONTESTED WITHIN 3 MONTHS VIA THE SUPPORT AREA
4. 6.3.4   DELETION OF ASSOCIATED CONTENT WITH POSSIBILITY OF RECOVERY AFTER OBJECTION
5. 6.3.5   POSSIBILITY OF RE-REGISTRATION WITH A NEW BADGE AFTER A SUCCESSFUL CHALLENGE

6.4 PENALTIES AND APPEAL PROCEDURES

APPLICABLE PENALTIES INCLUDE :

1. 6.4.1   IMMEDIATE REMOVAL OF THE OFFENDING CONTENT
2. 6.4.2   TEMPORARY ACCOUNT SUSPENSION
3. 6.4.3   REVOCATION OF THE EXPERIMENTAL BADGE WITH THE POSSIBILITY OF CONTESTING IT
4. 6.4.4   USER DATA DELETION WITH RECOVERY OPTION
5. 6.4.5   POSSIBILITY OF NEW PARTICIPATION AFTER FAVORABLE CHALLENGE

6.5 WARNINGS AND SPECIFIC PROCEDURES

SPECIFIC REPORTS (MESSAGING, COMPLEX CONTENT) MUST BE MADE VIA THE SUPPORT AREA BY OPENING A TICKET FOR THE ADMINISTRATOR. THE SUPPORT AREA REMAINS ACCESSIBLE TO USERS WHO HAVE BEEN REMOVED FOR COMPLAINTS WITHIN 3 MONTHS.

ARTICLE 7 - EXONÉRATION ABSOLUE DE RESPONSABILITÉ

7.1 EXPERIMENTAL HOST STATUS WITH LIMITED EDITORIAL CONTROL

IN ACCORDANCE WITH THE LCEN, THE ADMINISTRATOR ACTS AS HOST TO CONTENT PROVIDED BY TEST USERS: NO GENERAL MONITORING OBLIGATION, EX POST INTERVENTION ON QUALIFIED NOTIFICATION, AND PROPORTIONATE MODERATION MEASURES STRICTLY NECESSARY TO MAINTAIN A SAFE EXPERIMENTAL ENVIRONMENT. THESE INTERVENTIONS DO NOT CONSTITUTE EDITORIAL VALIDATION OF STORED CONTENT.

7.2 ABSOLUTE LIMITATION OF LIABILITY

THE DIRECTOR, ACTING AS AN INDIVIDUAL WITHOUT A CORPORATE STRUCTURE, CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR :

1. 7.2.1   THE TRUTHFULNESS, ACCURACY OR LEGALITY OF CONTENT PUBLISHED BY TEST USERS
2. 7.2.2   TRANSACTIONS, NEGOTIATIONS OR AGREEMENTS CONCLUDED BETWEEN TEST USERS
3. 7.2.3   ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM EXPERIMENTAL USE
4. 7.2.4   INTERRUPTIONS, MALFUNCTIONS OR INSTABILITIES INHERENT TO THE EXPERIMENTAL NATURE OF THE PROJECT
5. 7.2.5   LOSS OF DATA, CONTENT OR CONFIGURATION DUE TO EXPERIMENTAL DEVELOPMENTS
6. 7.2.6   THE CONSEQUENCES OF THE CESSATION, MODIFICATION OR TRANSFER OF THE EXPERIMENTAL PLATFORM

7.3 NO WARRANTY WHATSOEVER

THE EXPERIMENTAL PLATFORM IS A VALIDATION PROTOTYPE:

1. 7.3.1   NO GUARANTEE OF AVAILABILITY, PERFORMANCE OR STABILITY IS PROVIDED
2. 7.3.2   NO GUARANTEE OF CONTINUED FUNCTIONALITY IS GIVEN
3. 7.3.3   NO GUARANTEE OF CONTINUITY OF THE EXPERIMENTAL SERVICE
4. 7.3.4   FUNCTIONALITIES MAY BE MODIFIED, REMOVED OR INTERRUPTED WITHOUT NOTICE
5. 7.3.5   THE EXPERIMENTAL SERVICE MAY BE SUSPENDED OR PERMANENTLY DISCONTINUED AT ANY TIME

7.4 EXCLUSIVE RESPONSIBILITY OF TEST USERS

TEST USERS ASSUME FULL RESPONSIBILITY FOR :

1. 7.4.1   ALL THEIR CONTENT, ADVERTISING AND EXPERIMENTAL INTERACTIONS
2. 7.4.2   ANY TRANSACTIONS OR AGREEMENTS CONCLUDED VIA THE EXPERIMENTAL PLATFORM
3. 7.4.3   FULL COMPLIANCE WITH THE LEGISLATION APPLICABLE TO THEIR ACTIVITIES
4. 7.4.4   THE CONSEQUENCES OF THEIR INTERACTIONS WITH OTHER TEST USERS
5. 7.4.5   PROTECTION AND BACKUP OF THEIR OWN DATA AND CONTENT

7.5 LIMITATION OF DAMAGES AND EXCLUSION OF CONSEQUENTIAL DAMAGES

TO THE EXTENT PERMITTED BY LAW, THE ADMINISTRATOR'S LIABILITY IS LIMITED SOLELY TO DIRECT AND PROVEN DAMAGES RESULTING EXCLUSIVELY FROM AN ESTABLISHED BREACH OF ITS LEGAL OBLIGATIONS NOT SUBJECT TO EXCLUSION. ALL INDIRECT, CONSEQUENTIAL, LOSS OF CHANCE, LOSS OF PROFIT OR DATA DAMAGES ARE EXCLUDED. IN VIEW OF THE FREE NATURE OF THE BETA SERVICE, NO COMPENSATION IS DUE BEYOND THE IMPERATIVE LEGAL THRESHOLDS.

ARTICLE 8 - TRANSACTIONS EXPÉRIMENTALES ET ABSENCE DE GARANTIE

8.1 VOLUNTARY ABSENCE OF A TRANSACTIONAL MODULE AND MODERATION EFFORTS

THE EXPERIMENTAL PLATFORM INTENTIONALLY DOES NOT OFFER ANY INTEGRATED PAYMENT, TRANSACTION OR WARRANTY SYSTEM. THIS ABSENCE IS A DELIBERATE CHOICE MADE DURING THE VALIDATION PHASE, AS FINANCIAL TRANSACTIONS BETWEEN TEST USERS ARE CARRIED OUT ENTIRELY AT THEIR OWN RISK. DURING THE PRIVATE BETA, EFFORTS WILL BE MADE TO FINALIZE THE MODERATION AND AUTOMATIC WARNING SYSTEMS.

8.2 ABSOLUTE TRANSACTIONAL NON-LIABILITY

THE ADMINISTRATOR :

1. 8.2.1   IS IN NO WAY INVOLVED IN EXPERIMENTAL TRANSACTIONS
2. 8.2.2   PROVIDES NO GUARANTEE AS TO THE EXECUTION OF AGREEMENTS BETWEEN TESTERS
3. 8.2.3   ASSUMES NO LIABILITY FOR COMMERCIAL DISPUTES
4. 8.2.4   OFFERS NO DISPUTE RESOLUTION OR REFUND MECHANISMS
5. 8.2.5   REMAINS TOTALLY UNINVOLVED IN THE FINANCIAL ASPECTS OF TRADE

8.3 FUTURE TECHNICAL DEVELOPMENTS

THE FUTURE INTEGRATION OF A SECURE TRANSACTIONAL SYSTEM MAY BE ENVISAGED DURING SUBSEQUENT DEVELOPMENT PHASES, POTENTIALLY BY THE FUTURE ASSIGNEES OF THE EXPERIMENTAL PLATFORM, IN PARTNERSHIP WITH SPECIALIZED THIRD-PARTY SERVICE PROVIDERS.

ARTICLE 9 - PROPRIÉTÉ INTELLECTUELLE ET DROITS EXCLUSIFS

9.1 FULL OWNERSHIP OF THE EXPERIMENTAL PLATFORM

ALL ELEMENTS OF THE EXPERIMENTAL PLATFORM (SOURCE CODE, ARCHITECTURE, DESIGN, ALGORITHMS, DATABASES, TRADEMARKS, LOGOS, THE HYPERPROFILE CONCEPT, ETC.) ARE THE EXCLUSIVE AND INALIENABLE INTELLECTUAL PROPERTY OF THE ADMINISTRATOR.

THE ADMINISTRATOR AUTHORIZES THE USE OF THE TERM 'HYPERPROFILE' BY ANY COMPETITOR IN THE CLASSIFIEDS SECTOR, ON THE EXPRESS CONDITION THAT THIS TERM IS USED TO DESIGNATE A CLASSIFIEDS TOOL.

9.2 LIMITED USER CONTENT LICENSE

TEST USERS RETAIN THEIR RIGHTS TO THE CONTENT THEY PUBLISH, BUT AUTOMATICALLY GRANT THE ADMINISTRATOR A NON-EXCLUSIVE, WORLDWIDE, FREE LICENSE, STRICTLY LIMITED TO THE PURPOSES BELOW, VALID FOR THE TIME STRICTLY NECESSARY FOR THESE PURPOSES AND REVOCABLE FOR THE FUTURE WITHOUT RETROACTIVE EFFECT, TO USE, REPRODUCE, MODIFY AND DISTRIBUTE THIS CONTENT FOR :

1. 9.2.1   OPERATION OF THE EXPERIMENTAL PLATFORM
2. 9.2.2   VALIDATION AND IMPROVEMENT OF THE HYPERPROFILE CONCEPT
3. 9.2.3   A WORLDWIDE DEMONSTRATION OF THE PLATFORM'S CAPABILITIES
4. 9.2.4   THE PROJECT'S RESEARCH AND DEVELOPMENT NEEDS

9.3 NON-INFRINGEMENT WARRANTY AND INDEMNIFICATION

TESTER USERS WARRANT THAT THEY HOLD ALL NECESSARY RIGHTS TO THEIR PUBLISHED CONTENT AND UNDERTAKE TO FULLY INDEMNIFY THE ADMINISTRATOR AGAINST ANY RECOURSE, CLAIM OR ACTION BY THIRD PARTIES RESULTING FROM THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

ARTICLE 10 - PROTECTION DES DONNÉES EXPÉRIMENTALES

10.1 EXPERIMENTAL DATA CONTROLLER

THE ADMINISTRATOR, Stéphane Delamorte, AGIT EN QUALITÉ DE RESPONSABLE DE TRAITEMENT DES DONNÉES PERSONNELLES COLLECTÉES EXCLUSIVEMENT DANS LE CADRE DE LA VALIDATION EXPÉRIMENTALE DE LA PLATEFORME.

10.2 EXPERIMENTAL PURPOSES OF PROCESSING

1. 10.2.1   PARTICIPATE IN THE EXPERIMENTAL VALIDATION OF THE CONCEPT
2. 10.2.2   MANAGE TESTER ACCOUNTS AND EXPERIMENTAL BADGE ALLOCATION
3. 10.2.3   ENSURE THE MODERATION AND SAFETY OF THE EXPERIMENTAL ENVIRONMENT
4. 10.2.4   ANALYZE AND IMPROVE HYPERPROFILE AND DECOMPARTMENTALIZATION FUNCTIONALITIES
5. 10.2.5   VALIDATE THE TECHNICAL AND CONCEPTUAL FEASIBILITY OF THE PLATFORM
6. 10.2.6   COMPLY WITH LEGAL OBLIGATIONS TO RETAIN CONNECTION DATA

10.3 LEGAL BASIS FOR EXPERIMENTAL PROCESSING

THE PROCESSING OF EXPERIMENTAL DATA RELIES CUMULATIVELY ON :

FOR MORE DETAILS ON DATA PROTECTION (RGPD RIGHTS, COOKIES, OPPOSITION PROCEDURES), PLEASE CONSULT OUR PRIVACY POLICY. OPEN THE PRIVACY POLICY

1. 10.3.1   THE ADMINISTRATOR'S LEGITIMATE INTEREST IN CONDUCTING EXPERIMENTAL RESEARCH AND DEVELOPMENT
2. 10.3.2   THE EXECUTION OF THESE FREELY ACCEPTED EXPERIMENTAL PARTICIPATION CONDITIONS
3. 10.3.3   THE INFORMED CONSENT OF TEST USERS TO PARTICIPATE IN THE EXPERIMENT
4. 10.3.4   COMPLIANCE WITH THE HOST'S LEGAL OBLIGATIONS

WHEN PROCESSING IS BASED ON LEGITIMATE INTEREST, A BALANCING OF INTERESTS IS CARRIED OUT AND DOCUMENTED. USERS HAVE A SIMPLE RIGHT TO OBJECT, EXCEPT ON COMPELLING LEGITIMATE GROUNDS OF SECURITY OR FRAUD PREVENTION.

10.4 RIGHTS OF PERSONS CONCERNED

IN ACCORDANCE WITH THE RGPD, TEST USERS HAVE THE RIGHT TO ACCESS, RECTIFY, DELETE, LIMIT, OPPOSE AND PORT THEIR PERSONAL DATA, EXERCISED BY WRITTEN REQUEST TO THE ADMINISTRATOR.

HOWEVER, THE EXERCISE OF THESE RIGHTS MAY BE LIMITED BY THE NEEDS OF EXPERIMENTAL VALIDATION AND THE TECHNICAL CONSTRAINTS OF THE PROTOTYPE.

ARTICLE 11 - DURÉE EXPÉRIMENTALE ET CESSATION

11.1 INDEFINITE DURATION OF VALIDATION

THESE EXPERIMENTAL CONDITIONS ARE ENTERED INTO FOR AN INDEFINITE PERIOD FROM THE DATE OF ACCEPTANCE, SUBJECT TO COMPLETION OF THE EXPERIMENTAL VALIDATION AND POSSIBLE TERMINATION OF THE PROJECT.

11.2 CESSATION BY THE TEST USER

THE TEST USER MAY AT ANY TIME CEASE PARTICIPATION IN THE EXPERIMENTAL VALIDATION AND REQUEST DELETION OF HIS/HER ACCOUNT. SUCH CESSATION SHALL NOT ENTITLE THE TEST USER TO ANY COMPENSATION OR RESTITUTION.

11.3 TERMINATION BY THE ADMINISTRATOR

THE ADMINISTRATOR MAY AT ANY TIME, WITH OR WITHOUT NOTICE DEPENDING ON THE SEVERITY OF THE PROBLEM AND TECHNICAL CONSTRAINTS, AND WITHOUT COMPENSATION, TAKE ANY NECESSARY MEASURES, WHICH ARE NOTIFIED VIA THE SUPPORT AREA AND MAY BE CONTESTED:

1. 11.3.1   SUSPEND OR PERMANENTLY EXCLUDE ANY TEST USER.
2. 11.3.2   SUBSTANTIALLY MODIFY EXPERIMENTAL ACCESS CONDITIONS
3. 11.3.3   TEMPORARILY SUSPEND OR PERMANENTLY SHUT DOWN THE EXPERIMENTAL PLATFORM.
4. 11.3.4   TRANSFER OR ASSIGN THE ENTIRE PROJECT TO THIRD PARTIES

11.4 EFFECTS OF EXPERIMENTAL DISCONTINUATION

IN THE EVENT OF TERMINATION, TEST USERS IMMEDIATELY AND PERMANENTLY LOSE ALL ACCESS TO THE EXPERIMENTAL PLATFORM. THEIR DATA MAY BE DELETED WITHOUT NOTICE OR BACKUP, IN KEEPING WITH THE EXPERIMENTAL NATURE OF THE PROJECT..

ARTICLE 12 - DISPOSITIONS GÉNÉRALES EXPÉRIMENTALES

12.1 APPLICABLE LAW AND EXCLUSIVE FRENCH JURISDICTION

THE PRESENT EXPERIMENTAL CONDITIONS ARE GOVERNED EXCLUSIVELY BY FRENCH LAW. ANY DISPUTE WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS, AND THE ADMINISTRATOR MAY NOT BE SUED IN ANY OTHER JURISDICTION.

COMPULSORY ACCEPTANCE OF FRENCH JURISDICTION: NON-FRENCH USERS MUST EXPRESSLY ACCEPT THIS CLAUSE, SUBJECT TO MANDATORY CONSUMER PROTECTION PROVISIONS AND APPLICABLE RULES OF PRIVATE INTERNATIONAL LAW. IN THE EVENT OF REFUSAL OR DISPUTE ON THIS ISSUE, THE USER AUTOMATICALLY BECOMES OUTSIDE THE CGU AND MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

12.2 AUTHENTIC LANGUAGE

THE PRESENT CONDITIONS ARE WRITTEN IN FRENCH, THE ONLY AUTHENTIC LANGUAGE. IN THE EVENT OF TRANSLATION, ONLY THE ORIGINAL FRENCH VERSION IS OPPOSABLE AND AUTHENTIC.

12.3 SEVERABILITY OF CLAUSES

IF ANY CLAUSE OF THESE TERMS AND CONDITIONS IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE, THE REMAINING CLAUSES SHALL RETAIN THEIR FULL VALIDITY AND ENFORCEABILITY, WITHOUT CALLING INTO QUESTION THE ENTIRE EXPERIMENTAL SCHEME.

12.4 FULL AGREEMENT

THESE EXPERIMENTAL CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE ADMINISTRATOR AND TEST USERS AND SUPERSEDE ALL PRIOR AGREEMENTS, NEGOTIATIONS OR DISCUSSIONS..

12.5 DISCRETIONARY PROJECT DEVELOPMENT

THE ADMINISTRATOR RESERVES THE ABSOLUTE RIGHT TO DEVELOP THE EXPERIMENTAL PLATFORM ACCORDING TO VALIDATION NEEDS, FEEDBACK FROM TEST USERS AND TECHNICAL OR LEGAL CONSTRAINTS, WITHOUT ANY OBLIGATION TO MAINTAIN EXISTING FUNCTIONALITIES..

12.6 COMPLAINTS AND APPEALS

IN THE EVENT OF A SERIOUS DISPUTE OR CHALLENGE TO THE ADMINISTRATOR'S DECISIONS, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION. ANY CHALLENGE MUST BE LODGED VIA THE SUPPORT AREA; AN ACKNOWLEDGEMENT OF RECEIPT IS SENT WITHIN 7 DAYS AND A DECISION IS NOTIFIED WITHIN 30 DAYS, UNLESS THE CASE IS COMPLEX AND DULY JUSTIFIED. PRECAUTIONARY MEASURES (TEMPORARY SUSPENSION) MAY BE IMPLEMENTED DURING THE INVESTIGATION.

12.7 LEGAL NOTICES AND SOLE TRADER STATUS

FOR INFORMATION ON THE IDENTITY OF THE PUBLISHER, THE HOST, THE LCEN NOTIFICATION PROCEDURE AND THE SEPARATION OF ASSETS OF SOLE TRADERS (ART. L526-22 C. COM.), PLEASE CONSULT THE LEGAL NOTICES. OPEN THE LEGAL NOTICE (TXT)

ARTICLE 13 - SUPPORT EXPÉRIMENTAL ET CONTACT

13.1 LIMITED EXPERIMENTAL SUPPORT

AN EXPERIMENTAL SUPPORT SERVICE IS AVAILABLE VIA THE SUPPORT AREA: WWW.CLIENT.COMMERCIFY.ONLINE

THIS SUPPORT IS PROVIDED AS PART OF THE EXPERIMENTAL VALIDATION, WITHOUT ANY GUARANTEE OF DELIVERY TIME, RESOLUTION OR AVAILABILITY.

13.2 REPORTING AND MODERATION

ALL REPORTS CAN BE MADE USING THE DEDICATED TOOLS ON THE EXPERIMENTAL PLATFORM, OR BY CONTACTING THE ADMINISTRATOR DIRECTLY.

13.3 COMMERCIFY COMMUNITY (BETA)

TESTERS CAN JOIN THE #COMMERCIFYFOREVER COMMUNITY ON THE PROJECT'S OFFICIAL YOUTUBE CHANNEL TO TAKE PART IN VALIDATION DISCUSSIONS