Terms of Use for ExcelWay in Morocco

EFFECTIVE DATE: December 20, 2022

Bsuccess, SARLAU (“Bsuccess,” “we,” “our”) offers a variety of online productivity, collaboration and team-organizing tools under the “ExcelWay” brand, including through a mobile application (collectively, the “Service”), and the website cndp.excelway.co.

Bsucess is located at 12, Rue 6 Octobre, 1er étage. Résidence Aziza -21100- Casablanca, Morocco. If you have any questions regarding these Terms of Use (the “Terms”), please email us at support@excelway.co.

We refer to “Subscribers” as users who use the Service as part of a paid subscription to ExcelWay (regardless of subscription level). The features and functionality of the Service available to Subscribers are determined by the subscription level and the specific terms agreed between Bsuccess and the organization (for example, your employer or other entity or person, referred to as the “Customer”) that has entered into a separate agreement governing the delivery, access and use of the Service (the “Customer Agreement”).

1. Eligibility

To use the Service and the Websites, you must be, and represent and warrant that you are, at least 13 years of age and able to accept these Terms. If Excelway has previously prohibited you from accessing or using the Service and Websites, you are not authorized to access or use the Service and Websites.

2. Account Creation and Usage

2.1 Protection of personal data

The CNDP processes the information collected on the EXCELWAY tool for the management and maintenance of user accounts for the EXCELWAY tool, registered with the CNDP under n°D-GP-962/2023.

Your personal data is intended for internal use by CNDP.

INWI hosts EXCELWAY in Morocco.

In accordance with law no. 09-08 promulgated by Dahir 1-09-15 of February 18, 2009, on the protection of individuals with regard to the processing of personal data, you have the right to access and rectify information concerning you, which you may exercise by contacting the DPO at the following e-mail address: mesdroits@cndp.ma.

For legitimate reasons, you may also object to your personal data being processed.

2.2 Cookie Management Policy

We use essential cookies for technical purposes on our platform. These cookies are absolutely necessary for the operation of the platform and enable you to use its services and features. Without these cookies, the platform may not function properly.

2.3 Account creation and responsibility

To access the Service and the Website, you must register for an ExcelWay account by creating a username and password. You agree to provide us with accurate, complete and up-to-date registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree to be fully responsible for all activities that occur under your username and password. We can assume that all communications we receive under your account have been made by you. If you are a billing owner, administrator, or have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Bsuccess is entitled to rely on your instructions.

2.4 Unauthorized use of account

It is your responsibility to notify us at support@excelway.co if you become aware of any unauthorized use of or access to your account. You understand and agree that we may ask you to provide information that may be used to confirm your identity and help ensure the security of your account. Bsuccess will not be liable for any loss, damage, liability, expense or attorney’s fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or permission, and whether or not you have notified us of such unauthorized use. You shall be liable for all losses, damages, liabilities, expenses and attorneys’ fees incurred by Bsuccess or any third party due to or arising out of the use of your account by any other person. In the event that the Account Administrator or Customer loses access to an account or requests information about an account, Bsuccess reserves the right to request any verification it deems necessary from the Account Administrator or Customer before restoring access or providing information about such account, at its sole discretion.

3. Property rights

The Service and Website are owned and operated by Bsuccess and contain elements (including all software, design, text, editorial material, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and service marks) that are derived in whole or in part from materials provided by Bsuccess and its partners, as well as from other sources, and are protected by Moroccan copyright laws, international treaty provisions, trademark laws, service mark laws and other intellectual property laws. Both the Service and the Website are also protected as a collective work or compilation under Moroccan and international copyright laws and other laws and treaties.

You agree to comply with all applicable copyright and other laws and any additional copyright notices or restrictions contained in the Service and the Website.

You acknowledge that the Service and the Website have been developed, compiled, prepared, revised, selected and arranged by Bsuccess and others using methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and are the valuable intellectual property of Bsuccess and such others. You agree to notify Bsuccess as soon as you become aware of any claim that the Service and the Website infringe any copyright, trademark or other contractual, statutory or common law right. Any unauthorized use of any material contained in or through the Service and Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. User content and comments

4.1 User Content and Submissions on the Service

The Service allows you to create Ideas and Tasks and to submit information, text, files and other related materials (collectively, “User Content”) and to share such User Content with others. User Content submitted or made available to the Service is subject to the following conditions:

Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the Introduction to these Terms and in the Customer Agreement. Bsuccess retains a limited, non-exclusive, non-transferable license (except in connection with the sale or transfer of its business) to access, use, copy, reproduce, process, adapt, publish, transmit, host and display Subscriber User Content for the following limited purposes: (i) maintaining, providing and improving the Service; (ii) preventing or addressing technical or security problems and resolving support requests; (iii) investigating when we have a good faith belief, or have received a complaint alleging that Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) complying with a valid legal subpoena, demand or other legal process that meets the requirements of the Customer Agreement; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.

4.2 Comments on the website

The Websites may have certain features that allow you to submit comments, information and other materials (collectively, “Feedback”) to Bsuccess and to share such Feedback with other users or the public. By submitting Feedback through the Website, you grant Bsuccess a license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display such Feedback for any purpose (including in testimonials or other Bsuccess marketing materials and where required by law or in good faith to comply with legal process). We reserve the right to remove any feedback posted in public forums for any reason at our sole discretion.

4.3 Declarations regarding user content and comments.

You acknowledge and agree that you have all rights necessary to submit User Content and Comments without violating the rights of third parties. You understand that Bsuccess does not control, and is not responsible for, any User Content or Comments, and that by using the Service and/or the Websites, you may be exposed to User Content or Comments of other users that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Comments may contain typographical errors, other errors or unintentional inaccuracies. You agree to indemnify, defend and hold Bsuccess harmless from and against any and all claims resulting from User Content or Comments you submit through the Service and/or the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of any such disputes, and in any event you will cooperate with us in asserting any available defenses.

5. License and acceptable use

5.1 Your license.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service and Websites solely for your own internal use (or, for Subscribers, uses authorized by the Customer), and solely in a manner consistent with all legal requirements that apply to you or your use of the Service and Websites, including these Terms. Bsuccess may revoke this license at any time at its sole discretion.

5.2 Acceptable use.

Service disruption.All Users must comply with the following rules regarding acceptable use of the Service and the Websites.

Service disruption.

You may not :

• access, tamper with or use non-public areas of the Service and Websites, Bsuccess’s computer systems or the technical delivery systems of Bsuccess’s suppliers;
• probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• access or search the Service and Websites by any means other than through Bsuccess’s public interfaces (e.g., “scraping”);
• attempt to disrupt or overwhelm our infrastructure by intentionally placing unreasonable demands or loads on our resources (for example, by using “bots” or other automated systems to send requests to our servers at a rate greater than could be sent by a human user during the same period of time); or
• interfere with or disrupt access by any user, host or network, including, without limitation, by means of submitting a virus, overloading, “flooding”, “spamming” or “mail-bombing” the Service and the Websites or creating a script for the creation of User Content in a manner that interferes with or creates an excessive load on the Service and the Websites.

Improper use of the service and websites.

You may not use the Service and the Websites to perform, promote or endorse :

• any illegal or fraudulent activity ;
• the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that misleads or is intended to mislead, confuse or deceive others;
• activities that are defamatory, libelous or threatening, constitute hate speech, harassment or stalking;
• publishing or posting the private or personal information of others without their express authorization and permission;
• sending unsolicited communications, promotions, advertisements or spam;
• posting or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
• promoting or advertising products or services other than your own without proper authorization.

User content standards for the Service and websites.

You may not post any User Content on the Service or the websites that :

• violates any applicable law, the intellectual property rights of any third party or anyone’s right to privacy or publicity;
• is misleading, fraudulent, illegal, obscene, pornographic (including child pornography, which we will delete as soon as we become aware of it and report to law enforcement), defamatory, libelous or threatening, constitutes hate speech, harassment or stalking ;
• contains personal information about minors
• contains sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without the prior written consent of Bsuccess granted under a Customer Agreement;
• contains viruses, bots, worms or similar harmful components; or
• contains any information that you are prohibited from making available by law or by any contractual or fiduciary obligation.

Violation of this section 5.

In addition to any other remedies we may have, Bsuccess reserves the right to take any corrective action it deems necessary, including immediate suspension or termination of your account or access to the Service or Websites, upon notice and without liability to Bsuccess if you fail to comply with the rules in this Section 5 or if, in Bsuccess’s sole discretion, such action is necessary to prevent disruption of the Service or Websites to other users. If you are a Subscriber, Bsuccess reserves the right to notify the Customer’s account administrator(s) or other representative of the Customer of any violation of these Terms.

6. Limitation of liability

If we fail to comply with these Terms, we are liable for any loss or damage suffered by you which is a foreseeable result of our breach of these Terms or our negligence, but we are not liable for any loss or damage which is not foreseeable. A loss or damage is foreseeable if it is an obvious consequence of our breach or if it relates to an order that has been accepted. We also provide the Service and the Websites solely for your internal use. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on the service and the websites. We do not exclude or limit in any way our liability to you where it would be illegal for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, for fraud or fraudulent misrepresentation and for breach of your statutory rights in relation to the service and the websites.

The information presented on or through the service and websites is provided for general information purposes only. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

7. Virus

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or from our Service or websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus protection and accuracy of data input and output.

8. Links from third-party websites and services

The Service and the Websites may provide (1) information and content provided by third parties; (2) links to third-party sites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Bsuccess is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in such sites or resources, or (iii) any information practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Bsuccess shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such linked site or resource. Your interactions with such third parties shall be governed by such third parties’ own terms of service and privacy policies, and any other similar terms.

9. Applicable law

Please note that these Terms and Conditions, as well as their subject matter and formation, are governed by Moroccan law. Nothing in these Terms affects your rights as a consumer to rely on the mandatory provisions and legal rights of local law.

You may contact Bsuccess at support@excelway.co if you have any complaints or disputes regarding the Services. You and Bsuccess will endeavor to resolve any dispute, claim, question or disagreement directly through good faith consultation and negotiation, which is a condition precedent to either party commencing legal action or any other form of claim. If we do not reach an agreed solution within 30 days from the time informal dispute resolution is pursued, to the extent permitted by applicable law, all controversies, disputes, demands, accounts, claims or causes of action between you and Bsuccess arising out of, under, or related to the Services shall be subject to the exclusive jurisdiction of the courts of Morocco.

10. General terms and conditions

No waiver.

If we do not insist that you perform your obligations under these Terms, or if we do not assert our rights against you, or if we delay in doing so, this does not mean that we have waived those rights and does not mean that you are not bound by your obligations. If we waive a breach or violation by you, we will only do so in writing and it will not mean that we automatically waive any future breach or violation by you.

Severability.

Each paragraph of these Terms operates separately. If a court or competent authority decides that any of them is illegal or unenforceable, the remaining paragraphs will remain in full force and effect.

Miscellaneous.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Notices.

We may give notice to you by e-mail, by posting a notice on the Service and the Websites or by any other method of our choosing, and such notice shall be effective immediately upon sending. If you send us a notice, it will be effective upon receipt and you must use the following physical or electronic address: (1) Bsuccess, 2, Rue 6 Octobre, 1er étage. Résidence Aziza -21100- Casablanca, Morocco; or (2) support@excelway.co.