Terms of Use

Introduction

These conditions (the "Conditions") govern the use of the goods and services (together the "Services") offered by SHADOW SAS ("SHADOW"), an American limited company with its registered office at 600 CALIFORNIA ST 11TH FLOOR, SAN FRANCISCO, CA, 94108. SHADOW is registered under number C4757519, including access to Shadow®, a service giving access by subscription to a remote personal computer, as well as browsing the websites shadow.tech and all other shadow websites (the "Sites"). They constitute a contract between SHADOW and you (the "User") (together, the "Parties"). Acceptance of these Terms, as well as the Privacy Policy and the Cookies Policy, is a condition of access to the Services.

Certain Services offered by SHADOW may be subject to special conditions, which, once accepted by the User, will supplement these Terms and prevail over them, with regard to the Services concerned.

Definitions

For the understanding and interpretation of the terms contained in these Terms, whether used in the singular or plural, and unless the context requires otherwise (together the "Services")

"Intellectual Property Assets" means the intellectual works protected by the provisions of French and international intellectual property law and in particular the Sites and Software.

"Third Party Applications" means third-party software, applications, websites and services integrated into the Services or that may be accessed, acquired or subscribed through the Services.

"User Account" means the User's personal account accessible by means of an access identifier and a password.

"Terms" means this contract concluded between the User and SHADOW.

"Subscription Start Date" means the date the remote computer is provisioned 

"Data" means all data transmitted to SHADOW by the User, as indicated in the paragraph "User Data and Content".

"License" means the Windows license used in connection with the Services.

"Software" means all the software made available to the User by SHADOW as part of the Services.

"Subscription Period" is defined in the paragraph "Shadow: Subscription".

"Services" means all the services, goods or services offered by SHADOW to the User.

"Third Party Terminal" is defined in the paragraph "Shadow".

Capacity

The User declares to have, at least, reached the legal age of majority in his country of residence. 

If he has not reached the legal age of majority, or more generally if he does not have the capacity required to contract, the parent or legal guardian of the User must give his prior consent to these Conditions. 

As the parent or legal guardian of a minor, the User's parent or legal guardian agrees to be knowingly bound by these Terms and assumes responsibility for enforcing them.

By electronically accepting the Terms, the User confirms that he or she has reached the legal age of majority and that he or she has the capacity required for such acceptance. Otherwise, or if the User does not accept these Conditions, he must not use the associated Services.

Documents necessary to subscribe to the services

As part of the subscription, SHADOW may ask the User to provide a copy of a valid identity document or any other proof of identity, prior to the beginning of the subscription or during it. The User has ten (10) calendar days starting on the date of the first request to transmit to SHADOW the requested documents.

If the User does not meet this condition within the time limit, this will constitute a repeated breach in respect of which SHADOW reserves the right to refuse to grant the subscription requested to the defaulting User, or to suspend or terminate the subscription without notice in the case of a subscription already started, the subscription fee then remaining due until the date of termination.

Shadow

Shadow® offers the User a Service for access to a remote personal computer, according to a subscription mechanism.

This computer works in a similar way to a traditional PC: the User integrates his own software, data and content, which he finds each time he connects to his machine. He can associate his compatible devices (printer, gamepad, etc.). Unless otherwise specified as part of the subscription of the Service, this computer runs on a Windows 10 Home operating system.

Shadow® is accessible through various devices (PC, tablet, mobile phone, smart TV) (a " Third Party Terminal") running an operating system for which SHADOW has developed software (collectively, the "Software").

At the technical level, the User's inputs (keystrokes, mouse movements, etc.) are transmitted from the Third Party Terminal to SHADOW's computer servers, which process the information received and send back to the Third Party Terminal a signal allowing it to display the image and broadcast the corresponding sound on the User's screen. It is therefore imperative for the operation of Shadow® that the User is connected to the Internet, said connection being entirely at the User's expense.

Shadow: subscription

The duration of the subscription chosen by the User will be deducted from the date of commissioning of his remote personal computer Shadow® (the "Subscription Start Date").

The subscription will continue from the Subscription Start Date, for a period of one (1) month (the "Subscription Period").

Only the subscription of Services for a period of less than sixty (60) days may be subject to tacit renewal.

Unless otherwise specified, in the context of the sole subscription of a subscription with a duration of less than sixty (60) days, and unless the User has terminated his subscription, at the latest the day before its term through the actions available on his User Account, or at least ten (10) days before its term if the request is made by any other means made available to the User (postal mail,  message to the Support service, etc.), it will be renewed automatically, for a duration identical to that of the current Subscription Period and under the same conditions, unless these conditions are modified at the initiative of SHADOW. It is understood that the deadlines mentioned above are understood to mean the receipt of the request by SHADOW, and not the sending of the request.

With regard to any subscription of Service concluded for a fixed period of more than sixty (60) days, its renewal can only take place for an indefinite period.

The User of a subscription to the Service concluded for a fixed period of more than sixty (60) days, who does not wish his contract to be automatically renewed at the end of the term, must inform SHADOW via his User Account or by any other means made available to the User (postal mail, message to the Support department, etc.), within two (2) months,  before its expiry.

In the event of no renewal by SHADOW of a subscription to the Service concluded for a fixed period of more than sixty (60) days, the User will be informed by nominative letter or dedicated e-mail, between the ninetieth (90th) and the sixtieth (60th) day preceding the expiry date of the contract, at the earliest three months and at the latest two months before its term,  SHADOW's justified intention not to renew the contract it has concluded. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the date of expiry of the contract.

Where this information has not been sent to him in accordance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal.

For any termination of a subscription of Service of indefinite duration, in the context of which the User is not in default of performing his obligation, SHADOW will send him a written notice, at least 60 days before the date of termination. 

Advances made after the last date of renewal or, in the case of contracts of indefinite duration, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, until that date, to the performance of the contract.

The provisions of this Article shall apply without prejudice to those which legally subject certain contracts to special rules as regards consumer information. »

Subscription price

The price of the Services is the price indicated to the User as part of his subscription to the Service.

Except in the case of a fixed-term contract, in the event that SHADOW wishes to modify the price of the Services, it will notify the User, with a reasonable notice of thirty (30) days before the date of entry into force of the price change . The written notice must include the clause containing the proposed change as well as the clause before modification and the date of entry into force of the change.

Except in the case of a fixed-term contract, the User will then be required to consent to the new pricing conditions if he intends to continue his contract after the date of entry into force of these new conditions. This consent may in particular be expressed and proven through a pop-up presented to the User at his first connection following adoption by SHADOW of the new tariff conditions, containing a description of these new conditions. 

The User who does not wish to consent to the new pricing conditions on their date of entry into force, must inform SHADOW, no later than thirty (30) days after the entry into force of the modification and may terminate his contract free of charge.

Payment Dates

In the case of a subscription subscribed for a period of one (1) month, the User will be deducted from the amount of the subscription immediately on the date of his subscription. In case of renewal of this monthly subscription, the deduction for the following month will take place one month after the date of subscription. If the subscription continues, the monthly deductions will then occur each month on the same date.

Online Payments

Payment of the price of the Services is made online, by credit card or any other means indicated on the Sites. In the case of payment by credit cards, the transaction is immediately debited from the User's card after verification of its data, upon receipt of the debit authorization from the company issuing the credit card used by the User. In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his credit card, the User authorizes SHADOW to debit his credit card the amount corresponding to the price of the Service subscribed. For this purpose, the User confirms that he is the holder of the credit card to be debited and that the name appearing on the credit card is indeed his own. He communicates the sixteen digits and the expiry date of his card as well as, if applicable, the numbers of the visual cryptogram.

It is the User's responsibility to ensure that the credit card on which the withdrawals are made is a valid card, that its conditions of use allow a monthly debit without intervention of the holder under the Services, and that the bank account on which the debits are made is sufficiently funded.

In the event that a direct debit is rejected, SHADOW will inform the User as soon as possible so that he can regularize his situation.

The Company can in no way be held responsible in the event that the User proceeds to the payment of the sums due by means other than those officially accepted by the Company, it being understood that the payment would then not be discharged and would have to be made again according to one of the means of payment made available to the User for this purpose.

Account suspension

In the absence of regularization within three (3) calendar days, access to the Service will be suspended for the User concerned. After this period of three (3) days, the restoration of the Service is not guaranteed immediately to regularization. In addition, if the User's access to the Services has been suspended due to delay or non-payment, regardless of the cause, the subscription fee will remain due to SHADOW in its entirety. In the event of termination at the initiative of SHADOW, following a default of payment (see Termination), the entire fee will be immediately due to SHADOW, for the period running until the expiry of the Subscription Period.

Compensation for late payment

In the event of late payment or failure of the direct debit attempt, the User may be liable for a fixed compensation equal to five (5) euros. In the event that the delay exceeds thirty (30) calendar days, a late payment compensation at the rate of 10% will be added to the lump sum compensation. The late payment compensation will be deducted in instalments of fifteen (15) days until full payment of the sums remaining due, each period of fifteen (15) days started being due in its entirety. The User authorises SHADOW to debit his credit card for the amount corresponding to the late payment compensation, whether concomitantly with the payment of a subscription fee or by means of a separate direct debit, or to use any other means of payment that the User has chosen to pay his subscription fees.

Repayment

As part of a refund by SHADOW to the User, the refund will be made if possible using the same means of payment used by the User to pay his subscription fees. In the event that the User's means of payment is no longer valid, the User must inform SHADOW before it proceeds to the refund on this means of payment. In particular, if the User has changed bank branches, he will have to contact his old bank branch to ensure that the latter has made the transfer to his new account or if it has deposited the funds in a suspense account. The payment made by SHADOW to the credit of the bank card or bank account communicated by the User will release the Company from its obligation towards the latter.

Change of subscription plan; Subscription to options

SHADOW may offer the User the option of subscribing to one or more options, or of changing his subscription plan via his User Account.

Unless otherwise specified by SHADOW when subscribing to the options concerned, the subscription of new options or changes of formula requested by the User will take effect immediately (or within a reasonable time) and will be invoiced to the User pro rata temporis, from the date of activation of the options or the change of formula for a higher formula until the end of the current Subscription Period. These options will be tacitly renewed in the same way as the main offer. For how to cancel options, or change the subscription plan to a lower plan, see Change subscription plan; Termination of Options.

Options are charged in addition to the main subscription offer.

Change of subscription plan; Termination of options

Unless otherwise specified by SHADOW when subscribing to the options concerned, in the event that the User wishes to change his subscription plan to a lower formula, or terminate one or more options, the modification and/or termination will take effect on the first day following the next expiry of his current Subscription Period, including in the event that the User ceases all use of the options before the expiry of his Period.  Subscription in progress. For example, if the Subscription Start Date is October 5 for a monthly subscription, and the User cancels an option on October 19, the change of plan or termination of the option will not become effective until November 5.

In the event that the User has subscribed to an option adding one or more Additional Disk(s), it will be his responsibility to ensure that on the effective date of the termination of such an option, or more generally of the termination of the subscription to Shadow®, he has recovered all the data, including his Data, contained on the Additional Disk(s). SHADOW may delete without delay and permanently the data that would be on the Additional Disk(s) to which the User has renounced, from the effective date of the termination of the option concerned or the termination of the subscription to Shadow®.

Shadow: Pre-orders

Orders or subscriptions to the Services collected in the form of pre-orders, including Shadow® pre-orders, are subject to special conditions.

Pre-orders are intended to guarantee the User access to the Service concerned by priority on users who have not pre-ordered. This is a special method of subscription to the Service, in which the User consents to a longer period than usual between his subscription and access to the Service, in return for privileged access to said Service once it is available.

At the time of the pre-order, the User is informed of a period of access to the Service which corresponds to shadow's estimate, on the date of subscription, of the period within which the Service will be available to the User concerned.

Given the very nature of pre-orders, which consist of a subscription to a Service that, on the date of subscription, remains in the process of being developed by SHADOW, the User accepts the risk that the Service will only be available after the date initially indicated. SHADOW will endeavor to respect the deadlines indicated, and will keep the User regularly informed in the event that it appears that these can not be met.

As for orders or subscriptions subscribed outside the pre-order mechanism, the User will pay SHADOW, on the occasion of subscribing to the Service, an amount corresponding to the price of one month of subscription or the price of all or a fraction of the order. Similarly, as for subscriptions subscribed outside the pre-order mechanism, the duration of the subscription will then be deducted from the Start Date of the Subscription, and for the agreed duration.

It is specified that Users who have pre-ordered Shadow® or ordered a Service will have the option, from their User Account,  to change their delivery address as long as it has not been shipped to them, until shadow indicates to the User that the shipment is in progress and that the address can therefore no longer be modified.

Referral Program

SHADOW may offer the User certain benefits within the framework of sponsorship programs. The operation of these programs will be indicated on the Sites.

It is recalled that the User will participate in the sponsorship program in good faith. Any large-scale communication of sponsor code including on forums, self-sponsorship, code spamming, automation of the distribution of sponsor code and any abusive behavior defined at SHADOW's discretion, will be considered an abuse of the referral program. In such a case the User and the referrals will lose all the benefits of such a program.

As such, the Parties recall that sponsorship programs are intended to share its experience of the Services and to create a community around Shadow. They are therefore intended for third parties in the User's entourage and not on a large scale for promotional purposes.

Unless otherwise stated, the referral mechanisms will be subject to compliance by both the sponsor and his godchildren with  these Terms, and conditioned on the fact that both are up to date with the payments due under their subscriptions.

Software

Some Services allow the User to download Software. This Software may in particular allow the User to access his remote Shadow® personal computer from Third Party Terminals. This Software may be automatically updated.

The Software is licensed, not sold. Subject to compliance with these Terms, SHADOW grants the User a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Software, anywhere in the world, on a private and non-commercial basis, on the only compatible terminals owned by the User, and for the sole purpose of allowing the User to access the Services. The license is granted to the User for the duration of his subscription to the Services, and will be automatically revoked at the end of it, regardless of the cause of breach of contract.

This license to use includes the right to install and use one copy of the Software per device.

All rights in the Software not expressly granted by SHADOW or by the third party rights holders in these Terms remain reserved to them. The User is not authorized to (i) circumvent or override the technological protection measures included in or relating to the Software; (ii) disassemble, decompile, decipher, illegally penetrate, emulate, exploit or reconstruct the logic of the Software, except to the extent expressly permitted by copyright regulations; (iii) separate the components of the Software for use on different devices; (iv) publish, copy, assign, rent, sell, export, import, distribute or lend the Software; (v) transfer the Software, licenses to the Software or any right to access or use the Software; and (vi) use the Software in an unauthorized manner that could interfere with third parties' use of the Services.

To the extent that certain components of the Software are offered under an Open Source license, SHADOW will make such license available to the User. The terms of this license may expressly override some of these Terms.

In addition, the download and use of the Software may be subject to specific licenses, the acceptance of which will be a condition of such download or use.

Users who wish to access their remote computer from a Third Party Terminal are advised to check with SHADOW that there is Software that allows it. SHADOW plans to continue developing the Software necessary  to ensure access to Shadow® from as many Third Party Terminals as possible, but cannot guarantee that Software exists for each of them.

Devices

The Shadow® remote computer can be associated with most common computer devices (printer, gamepad, etc.), provided that it complies with the terms of use of the operating system installed on the machine.

However, the User is invited to check with SHADOW that his devices are compatible with the Service and/or third-party Terminals that the User wishes to use. SHADOW plans to continue the required IT developments to ensure compatibility of the Service with as many devices as possible, but cannot guarantee such compatibility for all existing devices. In particular, the performance of certain devices could be affected in the event that the User's internet connection, in particular its bandwidth, is insufficient to ensure its use in the best conditions.

In this regard, the User is invited to inform SHADOW of any anomaly that he has observed in the operation of his devices, by sending a message to shadow's Support service, through the User Account.

Servers

SHADOW may use, to ensure the operation of the Services, the equipment or service providers it deems appropriate. These equipment and service providers may evolve over time. In particular, SHADOW aims to regularly renew the equipment used for the Services, so as to continue to offer users access to the best possible remote computer, at the best price. SHADOW alone exercises the choice of equipment and service providers used to provide the Services. Except in cases where an evolution of these equipment and service providers would result in a defective performance of the services provided under these Conditions, the User understands and accepts that he may not make any claim or requirement with regard to SHADOW's choices relating to these equipment and service providers.

SHADOW may offer subscriptions and/or paid options giving access to  differentiated configurations, or implement mechanisms for optimizing the allocation of server compute resources according to user usage. Thus, in the event that a User launches from Shadow® programs and applications that do not require the hardware resources to which he has subscribed, Shadow may use less efficient resources, as long as the User's experience is not altered.

In order to ensure an optimal allocation of its it resources, Shadow® works with a mechanism of automatic shutdown and/or standby of the remote computer. SHADOW is not responsible for the loss of data that may result from a standby or extinction, the User having been warned in advance before each standby or extinction of his Shadow®.

Storage capacity

The User is informed, at the subscription stage, of the initial capacity of the storage disk reserved for him within the SHADOW Cloud infrastructure under his subscription. This initial capacity makes up its primary storage disk (the "Primary Disk").

SHADOW may offer the User to increase this capacity by differentiated subscriptions or by a system of paid options, which may in particular consist in the addition of additional capacity(s) via one or more additional storage disk(s) (the "Additional Disk(s)").

Operating system

Unless otherwise stated, the Shadow® Service runs on a Windows operating system (OS).

For this purpose, the User expressly mandates SHADOW, by subscribing to the Shadow® Service, to acquire in its name and on behalf of the User a Windows license (the "License"). The User will be the sole holder of this License throughout his subscription to the Service, it being understood that he undertakes to use it only for the use of his shadow® remote personal computer, in accordance with the terms of use of the License, and to return it to SHADOW in the event that his subscription is terminated for any reason whatsoever,  for its original price, in compliance with the terms of use of the License. This retrocession will occur automatically upon termination, without any formality being required.

Due to its acquisition of the License on behalf of the User, SHADOW will have on the User, throughout its subscription, a non-interest-bearing claim, in an amount equal to the price paid by SHADOW on behalf of the User for this acquisition. This claim will not be due during the subscription, and will be offset without any formality being required with the price due by SHADOW for the return of the License upon expiration of the subscription

At the end of the transfer of the License, which will take place at the same time as the compensation of the claim, the User will no longer hold the License, and will have settled the debt contracted to SHADOW in respect of the acquisition of the License, when subscribing to the Service.

The User expressly and irrevocably accepts these conditions and the principle of this conventional compensation, which are essential elements of the Conditions, without which SHADOW would not have offered the Services under the same conditions.

It is understood that SHADOW may, instead of the above mechanism, make available to the User free of charge a License of which SHADOW is the holder, for the duration of the subscription, and exclusively for its use of the Shadow® remote computer.

In any case, by subscribing to Shadow® the User does not acquire any right of use on the operating system of his remote computer, which would last after the termination of his subscription.

Internet access

Access to the Services, from third-party Terminals, assumes that the User has a working Internet connection. This connection is not included among the Services offered by SHADOW and it is up to the User to assume the installation and cost. In addition, the quality of the Services depends on the quality of this connection (in particular in terms of stability, throughput, bandwidth, response time, etc.).

It is the User's responsibility to ensure the quality of his Internet connection before subscribing to the Services. In particular, with regard to a use of the Services to play video games, the User is informed that Shadow® has been optimized for a very high speed connection (optical fiber or coaxial cable). It is possible that an ADSL connection, or of lower quality, does not allow optimal use of the Services.

SHADOW cannot be held responsible for interruptions or alterations in access to its Services that may result from the interruption or alteration of the User's access to the Internet. No compensation will be granted to the User whose access to the Services has been interrupted or altered due to a lack of access to the Internet.

In addition, the User is informed that the use of the Services is likely to cause the transmission of significant amounts of data. SHADOW will not bear any additional costs that may be charged to the User for the transmission of this data.

Finally, the User is informed that for optimal operation of the Services, it is strongly recommended to connect the Third Party Terminals to the local Internet installation by using an Ethernet cable. The use of in-line powerline (PLC) devices is not recommended.

Access to the Services

Access to the Shadow® Service may be via the Software provided by SHADOW installed on third-party terminals (the "Third Party Terminals").

The User can choose by which means(s) he wishes to access the Shadow® Service when subscribing to the Services by choosing the formula that suits him.

Right of withdrawal

In accordance with the provisions in force of the French Civil Code and the Consumer Code (L221-28), the User expressly waives his right of withdrawal when subscribing to the Subscription.

As SHADOW is considered to be digital content not supplied on a tangible medium, the latter benefits from the partial exclusions of waiver of the right of withdrawal provided for in respect of contracts concluded at a distance. 

The execution of the subscription contract having been carried out with the prior express consent of the User, before the end of the period of the right of withdrawal, the User acknowledges having waived his right of withdrawal.

Consequently, within the limits of the provisions of the law, no request for withdrawal, cancellation or refund will be admissible for the period subscribed on this basis.

Identifiers and PINs

Access to the Services requires the User to create a personal account, which involves entering personal information and data and creating or using personal access credentials (the "User Account"). A user can only have one User Account, and a User Account can only be that of a single user (this does not exclude that the same user can subscribe to access to several Shadow® remote computers if SHADOW explicitly allows such a possibility).

The User undertakes to provide, for the creation of his User Account and access to the Services, accurate, up-to-date and complete information, and to update this information in case of modification. In the event that the User provides inaccurate, outdated or incomplete registration data, SHADOW would be entitled to suspend or terminate his User Account without notice and to refuse him immediately and for the future access to all or part of the Services, without having to reimburse the sums previously paid by the User. The User undertakes to keep, throughout his use of the Services, a  valid e-mail address  that can be used for exchanges between SHADOW and the User.

The User is solely responsible for the custody and use of the access credentials to the Services that SHADOW has transmitted to him or that he has chosen. He undertakes to keep them secret and not to disclose them to third parties in any way whatsoever. The User will be responsible for any use of the Services by third parties, carried out by means of his  access credentials.

In the event of loss or theft or, more generally, misuse of identifiers by third parties, the User will notify SHADOW without delay, by sending a message to SHADOW's Support department, through the User Account, mentioning his name and surname and providing proof of identity if necessary.

Code of Conduct

The proper functioning of the Services, including open publication spaces such as forums or help centers, presupposes that the User makes responsible and reasonable use of them. In particular, the right of access to a Shadow® remote computer offered by SHADOW as part of its Services is a right reserved exclusively to the User, for his personal use and for private purposes, to the exclusion in  particular of any commercial activity.

Therefore, it is forbidden for the User to use the Services in an abusive manner, or to help a third party to do so, and in particular, in the context of his use of the Services:

  • violate any applicable law or regulation in any way, including by storing, posting or sharing content that is fraudulent, defamatory or misleading, or aimed at inciting crimes and misdemeanours, incitement to racial hatred or suicide, glorifying crimes against humanity, or containing elements of child pornography,  or any content of a violent nature or, pornographic or more generally endangering the safety of children as long as such content would be likely to be accessible to minors;
  • to infringe the privacy or rights of third parties, in particular by any activity that infringes the right to the protection of personal data of others, by the propagation of data, images or sounds that may constitute defamation, insult, denigration or infringing on privacy, the right to image, morality or public order,  or by the dissemination of tangible or immaterial property protected by an intellectual, literary, artistic or industrial property right that may constitute an infringement;
  •  to carry out intrusions or attempted intrusions into third-party computer systems, host aggressive botnet-type services, spread viruses, worms, spyware, time bombs, attacks (DDoS, DoS, scanning, spamming, brute force, etc.), or any other computer programs whose purpose or effect is to restrict, disrupt or alter the proper functioning of any computer equipment or programs;
  •  probe, analyze or test the vulnerability of any computerized system or network (for example by performing so-called "pentesting" tests), unless this is done in accordance with a vulnerability detection and vulnerability detection program (known as "Bug Bounty") expressly authorized by SHADOW ;d violate, circumvent or otherwise force any security or authentication measures  ;
  •  access, use or modify non-public areas or parts, or shared areas or parts, of any computerized or network system, or any service, including the Services, to which the User is not invited to access;
  •  disrupt or interrupt access by any third party or other user, host or network, including, by other means, by sending a virus, overloading, flooding data, sending spam, or sending a large number of emails or requests, to any part of the Services or any part of the services of third parties;
  •  to consult or attempt to consult the accounts giving access to the Services other than that of the User, to carry out actions or to create them by a means other than our public interfaces made available for this purpose (for example, creation of bulk accounts or implementation of so-called "scraping" techniques);
  •  to mine cryptocurrencies or to use the computing power of the Shadow® to break encryption keys;
  • to send unsolicited communications, promotions or advertisements, or spam, or altered, misleading or false information identifying the source, including via spoofing methods or so-called "phishing" methods, and generally to impersonate any person;
  •  to re-market the Services in any way, or more generally, without the prior authorization of SHADOW, to use the remote computer made available by SHADOW in the context of commercial services, or in such a way that it has as its object or effect the making available of all or part of the Services to third parties,  free of charge or for a fee; or to use Shadow® as a server or with software with a server function;
  • disrupt or attempt to disrupt in any way the proper functioning of the Services, including disabling, altering, violating or circumventing, or attempting to disable, alter, violate or circumvent, in any way, any device or functionality of the Services, including but not limited to any security or authentication features, access restrictions, storage limits, or any  standby or shutdown mechanism, or to provide SHADOW with false or inaccurate information, or to access, modify or use non-public areas or parts of the Services or shared areas of the Services that you are not invited to access;
  •  to hack, copy or reverse compile any code or equipment of SHADOW, including the Software, or more generally to take any action that is detrimental to SHADOW;
  •  probe, scan or test the vulnerability of any system or network.

For greater certainty, the above list is not exhaustive. The applicable laws and regulations may be understood in particular as those applicable to the geographical location of the servers, those applicable to the geographical location of the User when using the Services, as well as those of the country in which the User has subscribed to the Services.

SHADOW reserves, in particular, the right to suspend or terminate any use of the Services that would disrupt the proper functioning of SHADOW's computer equipment or the general proper functioning of the Services, or in the event of use of the Services contrary to the code of conduct, without delay, on the basis of any valid reason,  or block the sending of a communication (e.g., email, file sharing, or instant message) to or from the Services.

In addition, SHADOW reserves the right to monitor, moderate and/or remove any content posted on the Sites and on open posting spaces such as forums or help centers where it may violate applicable laws and regulations or these Terms. 

However, SHADOW will in no way be responsible for the content posted by users and has no obligation to carry out such monitoring, moderation and/or deletion. SHADOW reserves the right to refuse to post, edit or remove content for any reason. In addition, in the event that SHADOW agrees to publish, modify or delete content, it will not be responsible for failures and/or delays in this procedure. If the User publishes content on the open publishing spaces, he grants SHADOW a free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create a derivative work, distribute and display such content worldwide, for a period of ten (10) years.

Third-party services and applications

The Services may integrate third-party software, applications, websites and services (the "Third Party Applications"), or offer the User the option to acquire or subscribe to Third Party Applications. Such Third Party Applications may have their own terms and conditions of use and privacy policies, which will then govern the use of such Third Party Applications. SHADOW will not incur any liability for these Third Party Applications, nor for any goods or services that the User may acquire or subscribe to by means of his remote computer.

User data and content

As part of his use of the Services, the User is required to transmit to SHADOW, or within the servers operated by SHADOW or on his behalf, certain files, content, e-mails, contacts, etc. (hereinafter the "Data"). This Data belongs to the User and in no way to SHADOW. Under the terms of these Conditions, the User consents to SHADOW, on this Data, the only rights of use that are required for the proper functioning of the Services subscribed by the User. Except for these limited rights of use , these Terms do not grant SHADOW any rights in the Data.

The limited rights granted to SHADOW include in particular the right to host, save and share the Data, as part of the normal operation of the User's remote computer, and the right to analyze the Data for encoding, decoding and transmission.

Some Services may allow the User to share his Data with third parties. Such sharing is the sole responsibility of the User. In this regard, SHADOW calls on the User to exercise the utmost caution regarding the choice of the Data he chooses to share, and the persons with whom he shares it.

It is also the User's responsibility to take all necessary precautions to safeguard and protect their Data, in particular against contamination by any viruses circulating on the Internet. It is also the User's responsibility to make regular backups of his data, including the Data, on a medium outside the Services and by any means at the User's convenience (for example using an external hard drive or a cloud storage service).

In the event of termination of the User's subscription, the data recorded on the Main Disk of his remote computer, including his Data, will remain accessible for download for a period of fifteen (15) days following the effective date of the termination on his request. Beyond this period, SHADOW may permanently delete the data concerned, including its Data, which will therefore no longer be accessible to the User. The User's data contained on the Additional Disk(s), including his Data, do not benefit from this grace period and may be deleted on the day of the termination. It is the User's responsibility to ensure that on the effective date of the termination of the User's subscription, he has recovered all of his data, including his Data.

Personal data

In addition to the Data stored on the User's remote computer, SHADOW collects certain personal data from the User.

The processing of the User's personal data by SHADOW is indicated in our Privacy Policy  posted on the Sites. By accepting these Conditions, the User also adheres to the Privacy Policy  in all its provisions.

The personal data that the User transmits to/on his remote Shadow® computer are under his own responsibility. The User is the guardian of this data and is his own data controller. The User is the only one to decide what data he decides to transmit to his remote computer, and what he does with it once transferred to his computer. In particular, if the User decides to transfer personal data to his remote Shadow® computer and use them on websites or third-party software or applications, he will be solely responsible, with the possible exception of third parties to whom he has communicated this information. Under no circumstances can SHADOW be held responsible, nor be considered as a controller of such data, nor be considered as having transmitted this data outside the European Union.

Availability of the Service

SHADOW will endeavor to ensure permanent access to the Services. However, on an exceptional basis, SHADOW may suspend access to all or part of the Services, in particular for maintenance or updating purposes, as well as for reasons aimed at improving the Services delivered to the User.

Except in cases justified by urgency or force majeure, SHADOW will notify the User before such suspension, on its Site or by any other useful means.

In the event of a total interruption of the Services for more than 24 hours, the User may obtain from SHADOW the reimbursement of the monthly subscription pro rata temporis of the lack of access to the Services, and may also benefit from a credit of the same amount on his subsequent invoice, unless the interruption results from a case of force majeure, due to an irresistible and unpredictable third party,  or a fault of the User. In addition, given the nature of the Internet network, the User acknowledges and accepts that SHADOW cannot be held responsible for any interruptions or alterations in access to the Services that may result from the network itself, or from the means of connection used by the User.

License to Use the Sites

SHADOW grants the User, subject to compliance with these Terms, a limited, non-exclusive, non-transferable, non-sublicensable and revocable license for the simple access, navigation and private, personal and non-commercial use of the Sites.

SHADOW authorizes, on a non-exclusive and revocable basis, the creation of hypertext links pointing to the home page of the Sites provided that this link does not present a false, pejorative or misleading character with regard to SHADOW or its Services, or more generally is not likely to cause SHADOW any harm.

The reproduction of any documents published on the Sites is only authorized  for the exclusive purpose of information, for strictly personal and private use, any commercial use being strictly prohibited.

Intellectual property

The Sites and software (together the "Intellectual Property Assets") are intellectual works protected by the provisions of French and international intellectual property law worldwide.

The Intellectual Property Assets and all the elements that make them up (such as trademarks, logos, photographs, works, texts, documents, descriptions, slogans, domain names, patents, know-how, software, source code, applications, user interface, databases, drawings, designs, designs, works, images, graphics, illustrations, digital downloads, animated and sound sequences or not, as well as any other works of  the spirit embedded in the Intellectual Property Assets) are the exclusive property of SHADOW or third parties who have authorized SHADOW to use them.

These elements, taken together or separately, are protected by national and international intellectual property law worldwide. The trademarks appearing on the Intellectual Property Assets are registered trademarks.

It is specified that the use granted to the User hereunder does not imply and does not include, expressly or implicitly, any transfer to his benefit, of any nature whatsoever, of any intellectual property right on the elements used. All rights remain, in fact, unless otherwise agreed in writing and unequivocally, the exclusive property of SHADOW or third parties who have authorised SHADOW to use them.

Termination and suspension

Termination at the initiative of SHADOW

SHADOW reserves the right to suspend the Services automatically and without notice, in the event of a breach by the User of its legal obligations or these Conditions, in particular in the event of a breach of the Code of Conduct. SHADOW also reserves the right to suspend the Services after request for regularization addressed to the User, in the event of late payment.

Once the Service is suspended and after a formal notice sent to the User by e-mail and remained without effect for eight (8) days, SHADOW will be entitled to terminate the User's subscription, also by e-mail.

By way of exception, in the event of a serious breach by the User of his legal obligations or of these Conditions, in particular in the event of a serious breach of the Code of Conduct, SHADOW reserves the right to terminate the Services automatically and without notice. The severity of the violation is determined by SHADOW in its sole discretion, and may result in particular from the repetition of the violation, the number of violations, the effect of the violation on the proper functioning of SHADOW's computer equipment or on the general proper functioning of the Services, or the liability borne by SHADOW as a result of the User's violation.

In the event of termination at the initiative of SHADOW, following a failure to pay, or a violation by the User of its legal obligations or these Conditions, and in particular the Code of Conduct, the User will be liable to SHADOW, immediately on the date of termination, for all fees due for the remaining period of the current Subscription Period. This amount may be recovered by SHADOW according to the payment method used for the payment of the User's subscription invoices, or by any other means.

Termination at the initiative of the User

The User may terminate his subscription to the Services at any time, by registered letter with acknowledgment of receipt, to the address mentioned for this purpose in the User Account or in the legal notice, or by any other means made available to the User for this purpose, in particular in his User Account or by message addressed to the Support Department. In this case, the Service and related payments will continue until the last day of the current Subscription Period, and will cease immediately once this term has expired, subject, where applicable, to the period offered to the User for the download of the data saved on the Main Disk of his remote computer, including his Data. Thus, unless a mandatory legal provision provides otherwise, SHADOW will not make any refund following the termination of the Services.

In order to identify and authenticate the terminations received, any request for termination must specify at least the surnames, first names, and subscriber IDENTIFIER of the User.

Consequence of termination

In the event of termination at the initiative of SHADOW for violation of the Code of Conduct or for non-payment, the data stored on all storage disks of the remote computer (Main Disk and Additional Disk(s) if applicable), including the Data, will be completely deleted without delay (unless otherwise required).

The User acknowledges that, after the period offered for the download of the data saved on the Main Disk of his remote computer, including his Data, the termination of the Service will result in the irreversible loss of all the User's data saved on the Main Disk of his remote computer, including his Data. The data, including the Data, contained on the Additional Disk(s) do not have a period of time for downloading the data.

In addition, unless otherwise indicated when subscribing to an option, any termination of the Services will cause the User to lose the benefit of the options he had subscribed to in connection with the terminated Services and which will be terminated de facto on the same date as the main subscription.

To the extent that the User would resubscribe a subscription to the Services, even in the event that he proceeds to the new subscription from the same User Account, he will not be able to benefit from the restoration of his data, and will access a blank machine. The User will also not be able to claim to subscribe to the options to which he previously had access if they are not or no longer marketed.

Place of provision of the Services

The Services are available only in the countries mentioned on the Sites.

Access to the Shadow® remote computer is possible anywhere in the world, provided you have a Third Party Terminal connected to the Internet. However, the distance between the User and the SHADOW data centres, in which the servers are located, is likely to alter the quality of the Services, in particular due to the additional latency required for the transmission of data between the User's terminals and the server.

In the event that the User resides outside a country in which Shadow® is officially marketed, SHADOW will not bear any responsibility for the proper functioning of the Shadow®. In addition, SHADOW reserves the right to suspend or terminate the User's subscription by operation of law.

Responsibility

SHADOW is automatically responsible for the proper performance of its contractual obligations. SHADOW will ensure the availability, security and integrity of the Services to the best of its ability. The User acknowledges, however, that SHADOW's responsibility for the availability, security and integrity of the Services is understood as an obligation of means.

Apart from the legal guarantees, which the User enjoys, the Services are provided "as is", "with all their imperfections", "as available" and without guarantee as to their proper functioning or their adequacy to the needs of the User, even in the event that the latter has communicated his needs to SHADOW prior to the acceptance of the Conditions.

The User acknowledges and accepts that the computer and telecommunication systems are not free from defects and that interruptions of the Services may occur occasionally. SHADOW does not warrant that the Services will operate in an uninterrupted, regular, secure or error-free manner.

Thus, unless a mandatory legal provision provides otherwise, SHADOW will not be liable for (a) indirect, special, incidental or punitive damages, or (b) deprivation of use, loss of Data, business interruption or loss of profits. It is the User's responsibility to make regular backups of his data, including the Data, on a medium outside the Services and by any means at the User's convenience (for example using an external hard drive or a cloud storage service).

SHADOW cannot be held liable if the non-performance or poor performance of its obligations is attributable either to the User (use not in accordance with the instructions communicated by SHADOW or these Conditions), or to the unforeseeable and irresistible fact of a third party (including any SHADOW contractor), or to a case of Force Majeure.

Thus neither SHADOW nor the User will be held responsible, or considered as having breached its obligations, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of Force Majeure or a fortuitous event usually recognized by jurisprudence.

Given the nature of the Internet network, the User acknowledges and accepts that SHADOW cannot be held responsible for any interruptions or alterations in access to the Services that may result from the network itself, or from the means of connection used by the User.

In addition, in the event that the User, in contravention of these Conditions, does not have the status of consumer, but uses the Services for professional purposes, shadow's liability could in no case be retained beyond the amount of payments made for the last two months. SHADOW cannot, moreover, be held liable for any damage, whatever it may be, resulting from a professional activity: commercial losses, loss of data, loss of profits or any other indirect damage or that was not foreseeable at the time of the use of the Sites or the User's subscription to the Services.

It is recalled that the User is solely responsible for the use that could be made of his User Account and his secure access to the Sites and his remote Shadow® computer. The User installs the Services, including related equipment, under his own responsibility. It is solely responsible for any damage caused to SHADOW or third parties as a result of its use of the Services. It is the User's responsibility to take all appropriate measures to protect his own data and/or software from contamination by possible viruses, worms, circulating on the Internet or hacking from the Internet and to make regular backups.

AS SHADOW has no control over the nature of the User's content and activities, and more particularly their lawfulness, the User is solely responsible for the use he makes of his remote computer and the content and data he stores on his Shadow® computer. SHADOW can in no way be held responsible for the activities or the content and data of the User.

Force majeure

SHADOW will not be responsible for the non-performance of its obligations in the event of the occurrence of a case of Force Majeure, defined as any unforeseeable, irresistible event resulting from circumstances external to the Parties, in particular war, riot, blocking of means of transport and telecommunication networks, conflicts  social disasters, natural disasters, legislative or regulatory provisions imposing restrictions on the subject matter hereof, malicious acts, as well as cases usually retained by case law, making it impossible to perform these Terms normally.

If, as a result of a case of Force Majeure, SHADOW is led to interrupt its services, the execution of these Conditions will be suspended during the time when SHADOW is unable to ensure its obligations.

Evidentiary Agreement

For the purposes of these Conditions, the Parties agree that writing in electronic form, whose author is identifiable and integrity preserved, is accepted as a probative medium in the same way as writing on paper. The Parties agree to keep computer records and paper copies of messages or orders that they exchange for the performance of this contract in such a way that they can constitute faithful, reliable and durable copies.

The parties declare that the information provided by the Sites is authentic between the Parties. Elements such as the time of receipt or issuance of the subscription of the Services, as well as the quality of the data received will be authentic by priority as appearing on SHADOW's information systems, or as authenticated by SHADOW's computerized procedures, unless the User provides written proof to the contrary. The scope of proof of information delivered by SHADOW's computer systems is that which is granted to an original within the meaning of a paper written document.

Modification of the Terms

SHADOW may make changes to these Terms.

In the event that changes to these Terms are made to reflect (a) legislative changes, (b) new regulatory requirements, or (c) changes to the Services that do not adversely impact the User's rights or the Services to which shadow has subscribed, the changes made by SHADOW will take effect on the date indicated on the notification of such changes,  and no earlier than thirty (30) days after such notification.

In the event that the modifications of these Conditions are made in order to reflect changes made to the Services negatively impacting the rights of the User or the Services to which he has subscribed, the User may be invited to accept the modified Conditions. In the absence of acceptance of the modified conditions, the User will be free to terminate his subscription for a period of thirty (30) days following the notification of these changes, such termination taking effect on the next expiry of his current Subscription Period. In the event that the User has not terminated his subscription within thirty (30) days of receipt of the notification, the amended Terms will take effect on the date indicated on the notification relating to these changes, and at the earliest thirty (30) days after such notification.

Communications

Except as otherwise provided in these Terms, the User is invited to communicate with SHADOW by sending a message to SHADOW's Support Department, through the User Account.

SHADOW may communicate with the User by any useful means, and in particular by e-mail or sms sent to the contact details provided by the User within his User Account, through the User's Shadow® remote computer, or through the Sites.

Diverse

Any tolerance, facility or waiver relating to the terms and conditions set forth herein, regardless of their frequency and duration, shall in no way be deemed to modify or delete the clauses, nor to give rise to any right, either Party may always terminate it.

If one or more stipulations hereof are held to be invalid or declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

In any case, the Parties then agree to replace the clause declared null and invalid by a clause that will be closest in its content to the clause initially adopted and the will of the Parties.

In the event of a discrepancy in interpretation between any of the titles and the provisions of the clauses it represents, the titles will be declared non-existent.

Applicable law; Disputes

These Conditions are governed by French law, insofar as its provisions are more favorable to Consumers, but this does not deprive the User of the benefit of the consumer protection legislation in force in the province of his place of residence. 

With regard to jurisdiction, the Parties agree to retain the jurisdiction of the courts of the province of the User's principal place of residence, or the court competent in France.

Prior to any referral to the competent courts, the Parties will endeavor to settle amicably any dispute concerning the interpretation or execution of these Conditions. 

The User may implement the consumer mediation procedure. To do this, the User must call on the mediator of the Professional Federation of e-commerce and distance selling (FEVAD), whose website is as follows: http://www.mediateurfevad.fr/.

The Terms are written in French. If a translation is made, only its French version will have contractual value.