Terms and conditions

Terms of Service of the Legalcluster Platform

1. Definitions

   "TOS": means the present Terms of Service.

   "Enterprise Account" or "Enterprise Page" or "Enterprise Profile": means the corporate page of a legal entity that is dedicated to an enterprise, company or law firm.

   "Personal Account" or "Personal Profile": means the personal page of a private individual.

   "Cluster": means the entirety of the Members who have been accepted as relations by another Member and to which the latter has access once connected and logged in. In this way, the Member can build a Cluster, with which he or she can interact and work, via the Platform. The Cluster also includes the collaborative workspaces to which the Member has been invited, as well as the content or categories of content that the Member has chosen to follow.

   "Legalcluster®": Registered trademark, property of the company Seville More Helory.

   "Legalscore": means a feature allowing professional assessments to be made in respect of other Members or received from other Members, in relation to a specific matter on which they have worked together. The Legalscore is personal and is attached to the person to whom it is given. It changes over time and takes into account a certain number of criteria

   "Firm Legalscore": refers to a feature allowing the display of a Legalscore, on an Enterprise Page, that relates to the Enterprise, as a legal entity. The Firm Legalscore is an overall score. It changes over time and is calculated in particular through the average of the individual Legalscores of the Members working within the Enterprise.

   "Members": means the private individuals duly registered on the LegalCluster Platform.

   "Platform": This term refers to the website Legalcluster.com as well as all of the content hosted within the domain name Legalcluster.com.

2. Preamble

   The Company Seville More Helory (hereinafter referred to as "the Service Provider" or "Seville More Helory"), is a company specialising in the provision of digital solutions for legal professionals. It serves all of the members of the legal community by supplying solutions that allow individuals and groups to develop their respective practices, in order to help them work more easily and more efficiently. In this regard, Legalcluster is the leading platform aimed at promoting legal professionals.

   As our solutions are aimed at legal professionals, lawyers in particular, we are particularly sensitive to the issue of professional ethics, which we have given particular attention. Accordingly, all of our services have been designed with compliance with these ethical rules in mind.

   Seville More Helory operates a web-based Platform, which can be accessed at the following address: http://www.legalcluster.com (hereinafter referred to as the "Platform" or the "LegalCluster Platform") for which Seville More Helory is responsible.

   Members may access requests for services from other Members, thanks to the Platform making it simpler to find and contact Members. Seville More Helory however specifies that it shall not in any manner provide these services itself. Accordingly, the company Seville More Helory does not provide legal advice - which is a regulated activity - nor is it liable for advice provided by its Members. Seville More Helory cannot in any way be considered to be a law firm. It is not linked with its lawyer Members by a contract of employment or any other type of contract that may exist between law firms and lawyers. Lawyer Members practise as sole practitioners or through the firm in which they practise.
   These Terms of Service are accompanied by a data Privacy Policy which provides more information on the handling of data.

   The purpose of the present terms of service is to govern the access to and terms of use of the Platform. We invite you to read them carefully.

3. Purpose

   The Platform created and developed by the Service Provider offers its Members to register, create and then publish content, as well to promote their personalised professional profile within an online community dedicated to legal professionals. This is accessible from an integrated contact list (hereinafter referred to as the "Directory"). It allows Members to develop their digital professional identity, to get in touch with other Members and to develop and lead their professional community.

   Upon registration on the Platform, the Member creates an account, which is by default a Basic account. The Member may subsequently choose to subscribe to a Premium account.
   Accordingly, these two types of account, which have specific features which are the subject of a detailed description within these TOS, should be distinguished.

   1. Personal Account

      1. Basic

         The "Basic" Personal Account is free and includes the following basic features:

         • Creation of a Personal Profile;

         • The ability to search for Members in the Directory;

         • The ability to contact Members via the Directory;

         • The ability to invite Members found in the Directory to the Member\\\'s Legalcluster;

         • The ability to invite third parties to join the Platform via personalised email;

         • The ability to publish content that will be hosted on Legalcluster.com

      2. Premium

         The "Premium" Personal Account is a paid service subject to the terms indicated on legalcluster.com and includes, in addition to the basic features listed above, the following additional features:

         • The Relationship Management System;

         • Preferential ranking for published content;

         • Legalscore;

      Members can choose to make their Profiles more or less visible within the Directory according to the various options that they may choose at registration, within their Personal Account, by editing their profile:

      • « Fully public » The Member can be found in the Directory by all Members of Legalcluster. The Profile is public and can be read by any Member. Search engines, such as Google, can reference the profile.

      • « LegalCluster Public » : The Member can be found in the Directory by all Members of Legalcluster. The Profile is public and can be read by any Member. Search engines, such as Google, cannot reference the profile.

      • « Private » ”: The Member can be found in the Directory by all Members of Legalcluster. The full Profile can only be read by Members who are part of the Legalcluster belonging to the Member. Search engines, such as Google, cannot reference the profile.

      • « Hidden » : The Member cannot be found on the Directory and the Member\\\'s full Profile can only be read by Members who are part of the Legalcluster belonging to the Member. Search engines, such as Google, cannot reference the profile.

      The management of this feature is by nature individual and left to the discretion of the persons concerned. They can at any time modify this option by editing their Profile settings within their Account.

   2. Enterprise Account

      1. Basic

         The "Basic" Enterprise Account is free and includes the following basic features

         • Creation of an Enterprise Profile;

         • Publication of content;

         • Invitation to team members to join the Enterprise Page;

         • Display of team members on Enterprise Page;

         • Display of content published by Members who have joined the Enterprise Page

      2. Business solution

         The "Expert Solution" Enterprise Account is a paid service subject to the terms agreed between the client and Seville More Helory and includes, in addition to the basic features listed above, the following additional features:

         • Access to a premium account for all or part of the Members who join the Enterprise Page;

         • Display of partners on the Enterprise Profile;

         • Display of expertise through themed pages;

         • Invitation to Members to follow these themed pages;

         • Dynamic display of the "Firm Legalscore";

      3. Expert solution

         The "Expert Solution" Enterprise Account is a paid service subject to the terms agreed between the enterprise client and Seville More Helory and includes, in addition to the basic features listed above, the following additional features in particular:

         • Professional collaborative portal

         • Permission manager

         • Directory

      Enterprise Profiles are "Fully Public" by default. It is however possible to change this option at any time by editing the Profile by visiting the administration section of the Profile.

4. Platform features

   Without prejudice to the following, it is specified that Seville More Helory reserves the right to modify or suspend at its sole discretion the features of the LegalCluster Platform without this amounting to a substantial modification of the latter, or of its usage, in order to better satisfy its Members\\\' needs.

   Accordingly, the Platform offers various features of which certain are available to "Basic" accounts, and others are available to "Premium" accounts, in accordance with article 3 of these TOS.

   1. Registration and profile creation

      This feature is available to all account types.
      It allows registration on the Platform thanks to a personal or professional email address, then the creation, editing and completion of a Personal or Enterprise Profile with the information desired.

   2. Searching for Members in the Directory

      This feature is available to all account types.
      It is a feature that allows, through the contact list of the Platform, known as the Directory, to search for Members through filters including, by way of example and without limitation, contact name, specialist area, the Bar to which the Member belongs, languages spoken, etc.
      By default, searching the Directory gives access to profiles (Personal or Enterprise) that are the most relevant according to the criteria chosen. The profiles that have the highest Legalscore are those considered to be the most relevant.

   3. The Member "contact" feature

      This feature is available to all account types.
      It allows the various Members displayed in the Directory to be contacted.

   4. The ability to invite third parties to the Platform

      This feature is available to all account types.
      It allows friends, colleagues or other associates to be invited simply by sending a personalised message through the Platform. To do so, a Member simply indicates the email address of the contact that they wish to invite, as well as the contact\\\'s full name.

   5. Content publishing feature

      This feature is available to all account types.
      It allows friends, colleagues or other associates to be invited simply by sending a personalised message through the Platform. To do so, a Member simply indicates the email address of the contact that they wish to invite, as well as the contact\\\'s full name.

   6. The tender or "RFP" module

      This feature is available to all account types.
      It allows the identification and contact of people or Enterprises with criteria that match the needs of a specific task as defined by the Legalcluster Member using the Request for Proposal feature.
      The identified profiles will have the option of answering this request or choosing not to do so.

   7. The "Endorsement" feature

      This feature is only available to Members with a "Premium" Personal Account or a "Business Solution" Enterprise Account.
      It allows Members to indicate on their profiles that other Members are among the trusted professionals with whom they work on a regular basis.
      whom they work on a regular basis. It is a purely declarative indication with no contractual scope and without legal consequence in terms of partnership, employment contracts or links between companies. It can in no way give rise to any guarantee or liability whatsoever to third parties with respect to Members who have approved the "Endorsement" of other Members.

   8. The Relationship Management System

      This feature is only available to Members with a "Premium" Personal Account.
      It allows the nature of a relationship with another Member of the Platform to be determined, whether this other Member is a Premium Member or not. It also allows relationships to be handled in a more detailed manner, through a filtering solution for the contacts concerned. This feature remains unilateral and is not visible to third parties, including those identified.

   9. Legalscore

      This feature is only available to Members with a "Premium" Personal Account or a "Business Solution" Enterprise Account.
      This feature allows the opinion of a chosen third party to be sought, whether the latter is a Legalcluster Member or not, as to the quality of the work carried out on a matter where the Member worked with the third party whose opinion is sought.

      It is also possible for the evaluator to leave a personalised public comment, as well as a private message sent directly to the Member seeking the evaluation.
      The invited opinions of the third parties may be provided anonymously or not, as the third party chooses. In order to verify their existence, these third parties shall register on the Platform for a "Basic" account, or shall log in, if they are already Members

      It is specified that the Legalscore is calculated according to different specific criteria. The company Seville More Helory regularly makes changes to the algorithm that allows the calculation of the Legalscore in order to provide an ever fairer, more exhaustive and relevant view for its Members.
      Accordingly, it is to be noted that the Legalscore obtained is not definitive and could change over time, both upwards and downwards, according in particular to the opinions and evaluations obtained, the content published, or the endorsements received. Members cannot therefore rely on the grade of their Legalscore as being definitively acquired.

      It is understood that in its capacity as a non-publishing host of content, the Service Provider cannot be held liable for the content of opinions provided by its Members.

5. Acceptance and modification

   ANY CONNECTION TO THE LEGALCLUSTER PLATFORM IS SUBJECT TO THE RESPECT OF THE TOS IN FORCE AT THE TIME OF THE CONNECTION. By navigating on the Platform, the Members accept the TOS without reservation. They are consequently invited to refer to the TOS regularly in order to take knowledge of any changes that may have occurred since they registered. The LegalCluster Platform reserves the right to modify at any time the characteristics of the site and of the Platform and to modify the TOS at any time. The new TOS shall enter into force upon the date of their publication on the site. Any use of the Platform subsequently to the publication of the new TOS shall amount to acceptance of the latter by the Members.

   By browsing our website, you acknowledge that you have taken knowledge of the present terms of service and you accept them without reservation. IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE STOP USING THIS WEBSITE AND THE LEGALCLUSTER PLATFORM. The LegalCluster Platform cannot be held liable in any way whatsoever for use contrary to these TOS by its Members.

6. Acceptance of third party terms of service

   In order to ensure its proper operation, the Platform uses certain services provided by third party companies. The Members using third party features that interface with the Legalcluster Platform give an undertaking by the present TOS to read and accept the TOS of the said third party services and to comply therewith.

7. Duration, conditions and reasonable use of the Platform

   1. General provisions

      Without prejudice to the content of article 2, these TOS are concluded for an indeterminate period.

      The Platform having a professional purpose, the Members certify during their registration that they are at least 18 years old for the creation of a Personal Account and to have all authority and capacity necessary for the creation of an Enterprise Profile.

      ANY INACCURACY IN THE INFORMATION INDICATED ON A MEMBER\\\'S PROFILE IS CONTRARY TO THESE TOS AND EXPOSES THE MEMBER CONCERNED TO A SUSPENSION OF ALL LEGALCLUSTER SERVICES

      Members undertake to fill out the profiles in all good faith, using their real surnames and first names and to provide information concerning them that is perfectly accurate and up-to-date. The Members also undertake not to use or attempt to use the account of another Member, another entity or enterprise.

      It is specified that Seville More Helory reserves the right to verify the information indicated by Members in their profiles. If a Member indicates an inaccurate or unverifiable professional characteristic, the Member in question is exposed to an account suspension until the proof of said matters is provided. The Member cannot object to this or seek from the company Seville More Helory compensation of any nature whatsoever.
      Should the Member be unable to demonstrate his or her status, capacity, qualification or any other major disputed piece of information indicated on his or her profile, then that Member shall be subject to exclusion. The company Seville More Helory also reserves the right to take legal action against the said Member in this regard.

      Finally, Members undertake not to usurp the identity of third persons. Should they do so, they are subject to the penalties provided at article 226-4-1 of the Criminal Code

      Members undertake to use the LegalCluster Platform in a reasonable manner. They undertake in particular not to use the Platform to insult, defame, denigrate, or otherwise behave contrary to the law, public order, or good morals, or in any other reprehensible manner. The Members undertake in particular not to use the Platform in a bad faith or free-riding manner, not to harm the code or features of the Platform or the equipment and software of other Members, not to use any unauthorised network surveillance software or technology, not to harm the content of the Platform and not to harm the rights of the company Seville More Helory over its databases and not to breach the present TOS. They also undertake not to post messages containing or linking to computer viruses or to allow bypass of technical protection systems or to allow any act of piracy, disrupting or preventing access to or use of the website Legalcluster.com, its networks or servers.

      In addition, the Members undertake to refrain from extracting or collecting email addresses or other contact details for Members in order to send unsolicited mass communications such as spam in accordance with the national and European statutory provisions in force (European Directive No. 2002/58 of 12 July 2002 relative to privacy and electronic communications, transposing Law No. 2004-575 of 21 June 2004 for Trust in the Digital Economy (TDE); as well as Law No. 78-17 of 6 January 1978 known as Computer Technology and Freedom, and regulation No. 2016/679, known as the General Data Protection Regulation).

      During their use of the LegalCluster Platform and in their capacity as User, Members acknowledge that while they remain independent, they have a duty of loyalty with regard to LegalCluster which can be defined as the obligation to use the resources made available for the purposes of their professional needs only.

      The entirety of the information made available to the Members by the company Seville More Helory in the context of its LegalCluster Platform is protected by copyright, in accordance with the provisions of the Code of Intellectual Property.
      No feature of the Platform and in particular printing, downloading and/or emailing functions, may be used by Members in order to breach the intellectual property rights attached to the Platform.

      The Members of the Platform accordingly expressly undertake:

      • to use the Platform strictly for their own needs and to respect the interests and moral and ownership rights of the company Seville More Helory; 

      • not to breach the intellectual property rights held by the company Seville More Helory over its Platform and its brands, or those held by third parties;

      • not to reconstitute or attempt to reconstitute, from the Information, a website intended to offer, directly or indirectly, free of charge or as a paid service, an identical or comparable service to third parties and/or disseminate or sell, in any way whatsoever, information contained on the Platform in order to assist a third party in the reconstitution, in whole or in party, of such a website or an equivalent website;

      • to use the name "LegalCluster®" or any other protected name more generally used in the context of the Platform on a commercial basis only with the prior and express agreement of the company Seville More Helory.

      Seville More Helory reserves the right to suspend a User\\\'s access to the Platform immediately and without any notice period whatsoever, nor any compensation, when the User in question is in breach of all or part of the obligations set out in the present TOS and this without prejudice to the damages that may be due to Seville More Helory and to any other cause of action that may be pursued against this User. This right reserved to Seville More Helory with regard to such accounts shall apply whatever the nature of the User\\\'s account subscription.

      Any total or partial reproduction of the site by any means whatsoever, without the express authorisation of the company Seville More Helory is forbidden and amounts to a forgery contrary to articles L335-2 and following of the Code of Intellectual Property. The criminal penalties for breach of copyright are three years\\\' imprisonment and a 300,000 euro fine. When such offences are committed by an organised gang, the penalties are seven years imprisonment and a 750,000 euro fine.

   2. Provisions relating to the content published on the site by the Members

      The Members who publish content on legalcluster.com undertake to respect the following rules, without this list being exhaustive. Accordingly, the Members undertake to refrain from publishing any content that:

      • Breaches the rights of another person (image rights, breach of privacy, etc.) or the copyright of another person or entity;

      • Breaches copyright (in particular reproduction, representation or broadcast of work), related rights, or trademarks;

      • Harms the image of the company Seville More Helory or of its subsidiaries;

      • Is insulting, defamatory, contrary to public morals, violent, pornographic, or encourages the commission of crimes, offences, discrimination, racial hatred, suicide, or revisionist historical views or Holocaust denials.

      Similarly, the Members undertake and guarantee to Seville More Helory that:

      • They hold valid intellectual property rights for the whole world for the content produced by them that is intended for publication on the website Legalcluster.com.

      • The use of such content does not breach the copyright, trademark, publishing rights or other rights held by any other third person or entity, and that Seville More Helory is entitled to use such content in any way whatsoever, free from any adverse claims, and without being required to make any payment of any nature whatsoever to any person or entity.

8. Prices

   Prices are regularly stated in the “Prices” part of the www.legalcluster.com website, or freely negotiated between the Parties where appropriate.

   Seville More Helory reserves the right to freely and regularly amend these prices

9. Methods of payment

   Services provided with quotes and specific pricing by Seville More Helory are payable on the terms indicated in the quote and accepted by the client.

   It is possible pay for a Premium, Enterprise Business or Expert Solution Personal Account through the Stripe application with which the Platform is interfaced. This solution is built around a powerful payment engine, simplifying the transfer of funds in a secure and reliable infrastructure. Through its use and in accepting these TOS, the Members acknowledge they will comply with the TOS and with the Privacy Policy set by Stripe and applicable to its services.

   You will settle your payment obligations and accept that your payment information is stored by Stripe. It is specified that costs and taxes may apply.

   You also accept the following matters:

   • According to the place of the transaction, foreign exchange operation costs or different prices (e.g., rates of exchange) may be applicable to your purchase.

   • The company Stripe may store your method of payment and continue to invoice you even after its expiry, to avoid service interruptions and to pay any other options you may have chosen.

   • When you pay you will be automatically invoiced according to your method of payment at the start of each subscription period including any costs and taxes applicable to the period. To avoid being invoiced subsequently, ensure cancellation before the renewal date. To do so, please refer to the page on cancellation.

   You may obtain a copy of your invoice(s). To do so, please refer to the Payment History page in your account settings.

10. Access to the Platform and its administration

    The Platform is managed, monitored and administered by the company Seville More Helory, which reserves the right to request assistance from any third party or service providers for any administrative, maintenance or feature development tasks. This is without prejudice to the client ensuring or having ensured the management, monitoring or administration of any other software or services or subscriptions that contribute to the intended uses, unless the said software subscriptions were obtained from Seville More Helory.

    To obtain access to the Platform the User must be over 18, have capacity, be acting professionally and/or have the legal capacity to act on behalf of the legal entity on behalf of which he or she accesses the Platform.

    The Members undertake, throughout their use of the LegalCluster Platform, only to provide accurate and personal data and to update them regularly. Members are responsible for ensuring the confidentiality of their usernames and passwords. Where fraudulent use of usernames, passwords or different spaces to which they have access on the Platform is discovered, Members undertake to inform Seville More Helory immediately, using the email address contact@sevillemore.com, so that our technical experts can contact the National Commission for Information Technology and Freedoms (CNIL), within 72 hours of the threat, in accordance with article 33 of European Regulation 2016/679 of the European Parliament and of the Counsel of 27 April 2016 and implement corrective actions as quickly as possible.

    Members may access the Platform twenty four hours a day, 7 days a week, except in cases of Force Majeure (as defined by applicable case law) or events beyond the control of Seville More Helory, and subject to any breakdowns and maintenance or update operations necessary for the proper operation of the Platform and the equipment allowing its operation. Members are informed that the Platform may be suspended without notice for maintenance operations and data updates.

    The company Seville More Helory expressly reserves the right to terminate access or the operation of the LegalCluster Platform at any time and undertakes to give reasonable notice to its Members.

11. Cookies

    The LegalCluster Platform informs you that, for statistical and display reasons and to offer you the most appropriate services and offers, this website as well as the LegalCluster Platform use digital trackers (hereinafter referred to as "Cookies"). These are small text files stored on your hard drive to record the technical data relating to your navigation on our website from the computer on which the Cookie is stored. In no way do these Cookies have the purpose of exploiting your personal information. However, please note that certain parts of the LegalCluster Platform cannot operate without Members accepting such Cookies. Indeed, we cache the information relating to the use you make of the Platform in order to provide you with the best user experience possible. The cached data may be linked to the transfer of information on performance. These data may be transferred between you and us, between us and a third party, or to third parties in accordance with our confidentiality policy. It may be that we use this data to compile information we collect on your use. This performance information collects anonymous data on the way you use the application and its features. We will use this information to allow the improvement of the user experience and of the application through new updates. The performance update includes no data that would allow you to be personally identified.

    You may also chose to deactivate this feature. If you deactivate it, please be informed of the fact that you risk losing access to a number of features aimed at improving your experience.

    The law provides that we can only store cookies on your device if they are strictly necessary to the operation of the site. For all other types of cookies, we need your permission. This site uses different types of cookies. Certain cookies are placed by third party service providers that appear on our pages. You may withdraw your consent or personalise the settings at any time by going to the “Cookies” page.

12. Personal Data

    The company Seville More Helory is responsible for the processing of the Members’ data collected on the Platform within the meaning of Law No. 78-17 of 6 January 1978 as amended, relating to information technology, to files and freedoms.

    In accordance with Law No. 78-17 of 6 January 1978 amended in 2004 (known as the “Law on data-processing and freedoms”) an Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 known as the “Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)”, the Members having created a profile on the Platform are informed that their personal data are also the subject of automated processing and statistical analysis by Seville More Helory to ensure better access to the Platform and its features. The LegalCluster Platform only uses and discloses personal information for the improvement of services to its Members. These data are sent to Seville More Helory and, if the user has expressly accepted it when filling out the online form or subsequently, they may also be sent to partners of the LegalCluster Platform for the proper use of partnership services.

    It is specified that Seville More Helory only hosts personal data from profiles obtained on the registration of Members, as well as their connection data, in accordance with the needs of the services supplied by the Platform. Thus, for the proper use of the Platform, we collect and process in particular, your name and surname, email address - data required for registration - as well as the data supplied voluntarily by you in order to properly complete your profile. Furthermore, the Members acknowledge Seville More Helory’s right to retain and process the personal data gathered from its website and its LegalCluster Platform in France or in any other User country in the European Union.

    Seville More Helory takes the necessary precautions (administrative, technical and physical), to protect the personal data from loss, theft and misuse, as well as its unauthorised access, disclosure, alteration and destruction. Personal data are kept for the time necessary for the objectives described in the TOS (duration of relationship, then archiving required to retain evidence of compliance with statutory time limit rules). The security of personal data is ensured by various methods of protection of the LegalCluster Platform, in particular the choice of the use of data encryption using the secure internet protocol “https”.

    The information requested in the form available on the site marked with an asterisk are compulsory and necessary for the management of Member requests, in particular their request to create a Profile. In the absence of an answer in a require field will make it impossible for the LegalCluster Platform to process the requests of such Members.

    The data are collected and processed in accordance with European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. In accordance with applicable regulations, you have a right to access, amend and delete any of your personal information that we hold by sending an email or a letter to:

    Emilie Letocart-Calame
    Seville More Helory Legal Departmen
    16, cours Albert 1er
    75001 Paris
    Contact@sevillemore.com

    Finally, the User may at any time make a claim to the National Commission on Information Technology and Freedoms (CNIL), the French supervisory authority competent in this area.

13. Confidentiality Policy

    You will find all the information on our Confidentiality Policy at the following address: (link)

14. Data Storage

    The LegalCluster Platform shall use its best efforts to retain, comprehensively, these various data, it being understood that the LegalCluster Platform and Seville More Helory cannot be held liable for any direct or indirect loss suffered by Members due to the loss of data or harm suffered by the data.

    In case of termination of a Premium Personal Account or an Enterprise Business Solution account, this information and data acquired or supplied by the Member while using the services offered by Legalcluster shall be kept by Seville More Helory for 24 months. During this 24 month period, a new subscription to a “Personal Premium” or “Enterprise Business solution” formula will allow Members to access their previously acquired and supplied data and information. We understand by data and information collected, any element making up the Legalscore as well as information attached to the “Relationship management system” feature. If no new subscription to the “Personal Premium” or “Enterprise Business solution” formula occurs within 24 months of the termination of the account, the aforementioned data and information shall be permanently deleted by Seville More Helory.

    In case of a decision by Seville More Helory leading to the permanent cessation of the ability to access the LegalCluster Platform, Seville More Helory shall make its best efforts to inform its Members in advance so that they may, if they wish and within a limited time, export or save data if they have not done so previously, subject to the possible payment of costs that may be incurred in this regard.

15. Liabilities

    It is specified that this article applies without prejudice to the contractual undertakings by Seville More Helory to its Clients on the provision of services as well as the availability of the Platform.

    Concerning the contents broadcast or uploaded to the LegalCluster Platform by Members, Seville More Helory acts as host and therefore has no general obligation to monitor content. Thus, the authors are personally liable for articles they publish on their Platform, for their accuracy and the validity of their remarks. Similarly, they are absolutely required to comply with legislation on intellectual property and to respect regulations on copyright.

    Seville More Helory provides no express or implied guarantee relating to information or content provided by Members for other Members within the Platform. Members are responsible for the choice of this service and the use of the Platform by the latter is therefore entirely their responsibility.

    Seville More Helory in no way, either implicitly or explicitly, approves the legal advice given by its Members. Members giving legal advice undertake to have the competence and capacity to do so, in light of the regulated nature of this profession.

    The LegalCluster Platform does not itself provide legal advice, this being a regulated activity. Furthermore, it may not be considered to be a law firm or a member of any other regulated profession. It has no financial interest in the professional or financial performance of its Members. The latter act in their own interest or that of the firm to which they are bound by a collaboration agreement or employment contract for salaried lawyers. Seville More Helory never intervenes in the contractual relationship between its Members that may exist following contact made via the Platform. Seville More Helory may in no way be liable to its Members for any legal advice they may give. It is for each user to use the information given with judgement and a critical approach. Each person must seek to engage the civil or professional liability of the Member against whom they may have a complaint.

    Seville More Helory is the host of the LegalCluster Platform. In this regard it is not subject to editorial obligations and does not a priori moderate the content published by its Members. Thus, it may not be held liable for errors, omissions or results that may arise from the use made by Members of the published content. Neither does it moderate opinions and comments linked to Legalscore and published by its Members.

    The Legalscore of a particular profile is determined by assessments of the owner of the profile by their clients and partners. These assessments are performed on the express request of the owner of the profile.
    The Legalscore, when it appears on the profile of a company, is the average Legalscore of the members of the company.

    Seville More Helory neither implicitly nor explicitly approves comments and opinions posted by the Members. These comments and the score they award is only a reflection of their perception of the service provided, once it has been completed.

    Seville More Helory does not guarantee to Members that the operation of the LegalCluster Platform will allow a perfect interoperability with their own IT systems.

    Finally, Seville More Helory is bound by a best endeavours obligation on the information relating to the Members registered on its Platform, as well as their relevance to its purpose. They shall provide their best efforts to obtain correct and regularly updated information.

    The Members declare they have accepted the characteristics and limits of an online service, in particular acknowledge:

    1. That they know the risks of online consultation, in particular relating to reply times;

    2. That it is a matter for them to take any measure necessary to ensure that the technical characteristics of their equipment and/or or their IT network allows them access to the Platform;

    3. That they recognise they are solely liable for their internet access;

    4. That it is for Members to take any measure appropriate to protect their own data and/or software from contamination by any virus circulating on the internet or contracted by any other electronic means.

    Subject to the terms of sale accepted by the Members, Seville More Helory may in no way be liable for direct or indirect harm that may be caused by the Platform or its operation. By express agreement between the parties, are considered to be indirect harm any non-pecuniary or commercial harm, loss of profits, loss of turnover, of orders, revenue, clientele, data and any other claim against Members by a third party and the consequences resulting therefrom.

    The Members acknowledge that the warranties and limitations of liability set out above are a reasonable sharing of risks and liabilities between them and Seville More Helory, in light of the context and financial conditions surrounding the provision of the LegalCluster Platform.

    Seville More Helory also alerts the Members of the LegalCluster Platform to the need to ensure that they back-up a copy of documents that appear to be useful to the data hosting solution of their choice.

    CERTAIN LAWS DO NOT ALLOW RESTRICTIONS OR EXCLUSIONS OF LIABILITY THEREFORE, THIS ARTICLE MAY NOT BE ENFORCEABLE.

16. Compensation

    Any Member whose use of the Platform or breach of these TOS is the basis for any legal action by a third party against Seville More Helory undertakes to compensate the latter for any liability and to hold it harmless and compensate it for any order made against it to pay damages, for losses or costs (including but not limited to, reasonable legal costs incurred for its defence).

17. Intellectual property

    1. Provisions relative to the LegalCluster Platform

       Seville More Helory holds the intellectual property rights necessary for the operation of the LegalCluster Platform, including the names of Legalcluster®. This title results either from rights that are its property ab initio, or from rights that were granted by third parties on their creation working on the operation of the LegalCluster Platform. It is particularly highlighted that any use of Microsoft© services and accounts is subject to their corresponding terms of use established by Microsoft, which bind all users.

       All the content of this site and the Platform including, but not limited to, the brands, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting are the exclusive property of Seville More Helory with the exception of brands, logos or content belonging to other partner companies or authors clearly identified as such.

       Any reproduction, distribution, amendment, adaptation, broadcast or publication, even in part, of these different elements is strictly forbidden without the express and written agreement of Seville More Helory. This representation or reproduction, by any means whatsoever, amounts to a forgery punished by the applicable statutory and regulatory provisions in force. The breach of this prohibition amounts to an offence that may give rise to the civil and criminal liability of the counterfeiter. Moreover, the owners of the copied content may bring legal proceedings against you.

       Subject to respecting these TOS, Members enjoy a non-transferable right to non-exclusive use of the various features made available to them by Seville More Helory on the LegalCluster Platform. Members are not authorised in this context to use the Platform in favour of any third party, nor to grant a license or sub-license, to sell, to transfer or to distribute, by any direct or indirect means whatsoever, the access and usage rights granted by Seville More Helory

    2. Provisions relative to the content published on the LegalCluster Platform

       Members publishing content (such as blog, articles, texts, videos etc.) on the LegalCluster Platform transfer to Seville More Helory a usage right over it, except in cases of publication to an audience limited by the Member.

       This usage right includes in particular:

       • Use for marketing and public relations;

       • Referencing the content through internet search engines (such as Google, Yahoo, etc.);

       • Use of the content by Seville More Helory for publication on its corporate social networks (such as Facebook, LinkedIn, Twitter, etc.) including aimed at sponsoring or targeted publication;

    3. Hypertext Links

       1. Links to the LegalCluster site

          The creation of hypertext links to the Legalcluster.com site is subject to obtaining the prior agreement of the Publishing Director of the Platform. In any event, links to the Platform will have to be withdrawn on first request by Seville More Helory.

       2. Links to third party sites

          The LegalCluster Platform can offer links to other websites or other resources available on the Internet. If the LegalCluster Platform contains hypertext links to third party websites, Seville More Helory cannot be held liable for these hypertext links, in particular concerning their access, the collection or processing of their content, of data of a personal nature, as well as any breach of the provisions of the TOS or any incompatibility with them, since they have no means to control said sites. The LegalCluster Platform cannot be liable for the availability of such external sites and sources, neither is this guaranteed. The LegalCluster Platform declines all liability for loss, of any kind whatsoever, resulting from the content of such external sites or sources and, particularly, information, products or services they offer, or any use that may be made of these elements. The risks linked to their use are borne fully by the User who must comply with their terms and conditions of use, and use these third party sites in accordance with the intellectual property rights of these sites.

          In the specific case of a partnership via Seville More Helory with third party sites, their terms of access to said sites are governed by the terms and conditions of sale signed by the Members concerned.

    4. Ethics of the legal profession

       Seville More Helory is a technology company providing digital services to improve the work and proper collaboration of legal professionals, Members of its Platform. Thus, Seville More Helory can in no way be considered to approve, confirm or dispute any advice or any information of a legal nature that may be broadcast or published on the LegalCluster Platform by one of its Members. Seville More Helory cannot furthermore be held liable for any use that may be made thereof by the Members.

       Seville More Helory is particularly sensitive to the need to comply with the rules of ethics to which its Members are bound, in light of their public service mission as officers of the court. Accordingly, it is very keen to provide them with a Platform that meets their professional needs, within these rules. It therefore reminds the lawyer Members that they must respect the ethical rules applicable to them according the bar to which they are called. It requires them to contact their local representative body to acquaint themselves with them. Furthermore, Seville More Helory is and remains very vigilant with regard to the issues raised by such ethical rules and will use its best efforts to offer a quality service to match these principles.

       As a Member, if you encounter any particular difficulty on our Platform relating to your ethical obligations, please do not hesitate to contact us at the following address; Contact@sevillemore.com. We will do everything we can to remedy them and to offer you a quality service allowing you to practice with complete peace of mind.

       Furthermore, and beyond the ethical obligations to which certain Members may be bound, all undertake to ensure the strictest confidentiality as to the information and documents exchanged on the LegalCluster Platform, wherever they relate to the provision of services. In this context, Members undertake more particularly to take all useful measures, including directly with their associates to avert and prevent any disclosure that may be inopportune or unexpected.

       This confidentiality will not be such as to compromise the ability of any Member to use, for the satisfaction of their professional needs, said documents and information including, where necessary, with third party professionals that may need to know them/it, with the agreement of the client concerned (notary, accountant, bailiff, etc.).

    5. Termination of Personal Accounts

       Members may, at any time close their Basic Personal Account or terminate their Professional Business Solution or Expert Solution Accounts from the editing interface of their Account.
       It should however be noted that the termination must occur before the end of the current month, or the due date in case of annual subscriptions.
       In case of termination of a Premium Personal Account or an Enterprise Business Solution account, this information and data acquired or supplied by the Member while using the services offered by Legalcluster shall be kept by Seville More Helory for 24 months. During this 24 month period, a new subscription to a “Personal Premium” or “Enterprise Business solution” formula will allow Members to access their previously acquired and supplied data and information. We understand by data and information collected, any element making up the Legalscore as well is information attached to the “Relationship management system” function. If no new subscription to the “Personal Premium” or “Enterprise Business solution” formula occurs within 24 months for the termination of the account, the aforementioned data and information shall be permanently deleted by Seville More Helory.

    6. Applicable law and choice of jurisdiction

       These Terms of Service are governed by French law.

       Any dispute as to their validity, interpretation or the validity of the TOS shall first be the subject of an attempt at amicable resolution.

       In the absence of an amicable resolution, any dispute shall fall under the exclusive jurisdiction of the courts of Paris (France), including for any provisional proceedings, urgent proceedings, calls on guarantees, requests or joinder.

       If one clause of the TOS should be found to be void, the remainder of the TOS shall not be affected by the nullity of the clause.
       The fact that one party does not rely on one or other of the obligations set out in the TOS cannot be interpreted as a waiver of the future of the obligation in issue.

Date of last update: 07 September 2018