CaféCafé

Terms of Use

Last updated : June 7, 2021

These terms of use (the "ToU") govern the use of the Application and the Website, and the rights and obligations of us, the Company and you, the User in connection thereof. Please read the ToU carefully before using the Services.

1. Definitions

Capitalized terms used in the ToU shall have the meanings set forth below, which shall apply to both the singular and plural of such terms, regardless of whether the defined term is used in the feminine or masculine form.

Application : means the web version of the application available at the following URL: https://app.at.cafe and the mobile version of the application available on iOS and Android, both developed by the Company and consisting of a hybrid work management tool (remote work and work from the office).

Client : means any professional who has subscribed to a Plan in the context of its commercial, industrial, craft, liberal or agricultural activity and is therefore a client of the Company.

Company : means either (i) if the Client resides in the United States of America or in Canada, BUFU, Inc., a Delaware corporation having its registered office at 651 N Broad St, Suite 206, Middletown, DE 19709 United States of America, or (ii) if the Client resides outside the United States of America or Canada, BUFU S.A.S., a French société par actions simplifiée, with a share capital of EUR 1,000, its registered office at 5 avenue du Général De Gaulle, 94160 Saint-Mandé, France, registered with the Trade and Companies Register of Créteil under number 890 556 368.

Partie(s) : means, separately or together, the parties to the ToU, being the Company and the Client.

Plan : means a type of subscription plan displayed on the Website providing access to the Application.

Services : means the Website and the Application.

Users : means the persons browsing the Website or the Client or those employees, agents and independent contractors of the Client who have been authorized by the Client to use the Application in accordance with these ToU.

Website : means the Company's website whose URL is https://at.cafe.

2. Acceptance of the ToU

By clicking to accept the ToU when this option is made available to you, you accept and agree to be bound and abide by these ToU. If you do not agree to these ToU, you must not access or use the Services.

By accepting these ToU, you represent and warrant that :

  • you are of legal working age in the country where the Client hired you ;

  • you will only use the Services as a professional working for the Client and not as a consumer ; and

  • you have the legal capacity to enter into agreements.

If you do not meet all of these requirements, you must not access or use the Services.

3. Modifications of the ToU

We may revise and update these ToU from time to time in our sole discretion, in particular due to new applicable legal and/or regulatory provisions, and/or new features or products.

All changes are effective immediately when we post them, except as provided below for material changes.

Please regularly check the latest ToU published on the Website.

If we make material changes to your existing ToU, we will notify you by any written means, including by email, in a reasonable time period before such material changes come into effect.

Your continued use of the Services following the entry into force of such changes or your express acceptance of such changes means that you accept and agree to such changes.

4. Accessing the Services

4.1. Web and mobile versions of the Application

You can access the Application at the following URL address: https://app.at.cafe

You can also access the Application by downloading it for free on :

  • the Apple Store for electronic devices running recent versions of iOS ; and

  • the Google Play Store for electronic devices running recent versions of Android.

The Application does not work offline. The User needs to have an internet connection to access and use the Services.

4.2. Ongoing subscription

The Client needs to have a current Plan with the Company and to have authorized the User to access and use the Application.

4.3. Creation of an account

You need to create an account to use the Application and use a professional email address as your user name.

5. Company's obligations

5.1. Services.

The Company makes the Services available to the User pursuant to an obligation of means.

The Company undertakes to take all necessary measures and to deploy all technical means at its disposal to ensure the proper functioning of the Application and the Website, and to ensure the security of connections, content and personal data of Users.

The Company reserves the right to temporarily interrupt at any time access to the Application and the Website for reasons of technical maintenance, improvement of functionalities or repairs.

The Company shall inform the Users as soon as possible about these interruptions.

5.2. Compliance with Laws

The Company will comply with all laws and governmental regulations applicable to the Services.

6. User's obligations

6.1. Registration details and other information

To access and use the Services, you may be asked to provide certain registration details or other information. You must make sure that all the information you provide on the Website or the Application is correct, current, and complete and update such information if necessary.

6.2. Account security

You must treat your user name, password or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or from a public internet connection so that others are not able to view or record your password or other personal information.

6.3. Prohibited uses

You shall not use the Services :

  1. in any way that violates any applicable federal, state, local, national or international law or regulation;

  2. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content;

  3. to store, publish, display, or transmit defamatory, infringing, libelous, harassing, abusive, threatening or otherwise unlawful or tortious material;

  4. to store, publish, display or transmit material in violation of third-party privacy rights;

  5. to send unsolicited messages or postings, including bulk commercial advertising or informational announcements and "spam";

  6. to compromise or attempt to compromise the security of any Company or third party network, system, server, or account;

  7. to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;

  8. in any way that restricts or inhibits anyone's use or enjoyment of the Services or which, as determined by the Company, may harm the Company or users of the Services or expose them to liability.

In addition, you shall not :

  1. use the Services in any manner that could disable, overburden, damage, or impair the Website or the Application or interfere with any other party's using the Services;

  2. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Website or the Application;

  3. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  4. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Application, the server on which the Website and the Application are stored, or any server, computer, or database connected to the Website or Application;

  5. attack the Website or Application via a denial-of-service attack or a distributed denial-of-service attack;

  6. otherwise attempt to interfere with the proper working of the Website and the Application.

The Client is responsible for the use of the Services, and in particular: (i) the use of the Services by the Users it has authorized for which it is the guarantor, (ii) relationships that may arise between itself and the Users, including any disputes or disputes arising or caused by the use of the Services, (iii) the content of the conversations and exchanges with the Users by the intermediate of the Application. The responsibility of the Company will in no case be engaged in this respect.

7. Disclaimers

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the services or to your downloading of any material posted on the Website or through the Application, or on any website or application linked to the Services.

Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website, Application or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

In no event will the Company have any liability to any other party for any lost profits, lost opportunities, or indirect, special, incidental, consequential, cover, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of these types of damages or a party's remedy otherwise fails of its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.

8. Limitation of liability

To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to the Company for the applicable services in the twelve (12) months preceding the first incident out of which the liability arose.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

9. Suspension of Services

If the Company discovers that the User is violating the ToU, it will request by email such User to stop such violation as soon as possible. If the User fails to comply with such a request, the Company may terminate the access of the User to the Services.

10. Intellectual property rights

The Website, the Application and their entire contents, features, and functionalities (including but not limited to all information, text, logos, images, videos, and the design, selection, and arrangement thereof), as well as the domain names used by the Company (the "Materials") are owned by the Company, its licensors, or other providers and are protected by United States, French and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No right, title, or interest in the Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Materials not expressly permitted by these ToU is a breach of these ToU and may violate copyright, trademark, and other laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Materials.

The Company only grants the User a non-exclusive, personal and non-transferable license to use the Services, in their current version as of the date hereof and in any future versions, for the sole purpose of his use of the Application.

This license is granted for the period defined in the section "Duration".

11. Personal data

The Company complies with applicable laws on personal data including the French law n° 78-17 of January 6, 1978 as amended and the General Data Protection Regulation (EU) 2016/679 of April 27, 2016.

To learn more about how the Company processes Users' personal data and the use of cookies, please read the Privacy Policy available at : link.

12. Duration

The ToU are effective as of the date of acceptance by the User and will remain effective until termination or expiration of the Client's Plan with the Company or until your access to the Services has been terminated by the Client or the Company.

13. Entire agreement

The ToU constitute the entire agreement between the User and the Company and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

14. Waiver and Severability

No waiver by the Company of any term or condition set out in the ToU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the ToU shall not constitute a waiver of such right or provision.

If any provision of the ToU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the ToU will continue in full force and effect.

15. Governing law, Jurisdiction and Language

In the event that the ToU are translated in multiple languages and there are discrepancies between some versions, the English version will prevail.

  • If the Client resides in the United States of America or Canada:

the ToU, and any disputes arising out of or related hereto, are governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the ToU nor to any dispute or transaction arising out of the ToU,

and

the Federal and state courts within San Francisco, California shall have exclusive jurisdiction to adjudicate any disputes arising out of or relating to the ToU. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only before such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

  • If the Client resides outside the United States of America or Canada :

the ToU, and any disputes arising out of or related hereto, are governed by, and construed in accordance with, the laws of France, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the ToU nor to any dispute or transaction arising out of the ToU,

and

the competent courts within the jurisdiction of the Court of Appeals of Paris, France shall have exclusive jurisdiction to adjudicate any disputes arising out of or relating to the ToU. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only before such courts. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

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