Terms and Conditions of use

These terms and conditions outline the rules and regulations for the use of Middle-Man (MiM) service, hosted by izzyway.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use MiM if you do not agree to take all of the terms and conditions stated on this page.

1. Definitions

MiM : refers to the definition, initialization, setting designed and developed by the User using the Software as the framework for the Service(s). The MiMs are the property of the User, subject to the rights of the Izzyway Software and Runtimes.

Software : refers to the software (including Runtimes) which allows Izzyway to offer the Service to the User.

Platform : refers to computer servers on which the Software and MiMs are hosted.

Runtimes : refers to elements of the Software which are integrated into the MiMs. The MiMs cannot operate without Runtimes.

Service : refers to the remote provision of the SaaS (Software as a Service) and the Platform.

User : refers to any person or entity subscribing to the Service offered by Izzyway.

2. Izzyway Service

Izzyway edits and provides, in SaaS (Software as a Service) or on premise mode, a service which allows to create API sourced by one or several internet resources. MiM is multi protocols and allows to mix them all.

3. Access to the Service

The Service is accessible from a web portal controlled by Izzyway. Use of the Izzyway Service requires prior registration and acceptance of the User. The User must provide provisioning information via an online form accessible from the following freetrial page.

Any loss or theft of Account codes should be notified immediately by the CLIENT so as Izzyway can invalidate these and assign new access credentials. Any connection to the Service using the login and password of Accounts assigned to the CLIENT is deemed to be agreed to the CLIENT, who is solely and exclusively liable for access and actions taken using credentials assigned to Users.

The Software and MiMs are using cookie, only for session purpose. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our cookies policy.

MiMs can be configured to use Google OAuth2. In this configuration, only the Google email will be use for authorization and authentication reported in the API logs.

4. Right to use the Service

Acceptance of this Agreement by the User provides the User a right to use the Service for a period which may not exceed thirty (30) days, notwithstanding any specific agreement between the parties.

The use of the Service is understood to be solely by the provisioned User for the purposes of the Users specific professional requirements and to load and process data pertaining solely to the User’s specific application.

The licence provided is personal, non-exclusive and non-transferable. Any other use of the Service is strictly prohibited. Consequently, the User refrains from any provisional or permanent reproduction of the Service, in whole or in part, any access or attempted access to Software source codes, any decompilation or reverse engineering of the Service or Software notably with a view to creation of a similar service, any distribution, broadcast, free or paid-for provision of the Service in whole or in part in favour of unauthorised third party users, the public or third parties, any translation, adaptation, arrangement or modification of the Service, any extraction or re-use of Service databases, and any fraudulent or unauthorised introduction or attempted introduction onto the Platform.

The User agrees to use the Service pursuant to its intended use, its documentation, professional rules applicable to its activities, as well as the stipulations of the present conditions and regulations applicable. Izzyway reserves the sole responsibility of providing maintenance and development of the Software and more widely all Service components.

The User agrees to load and process only legal professional data. In particular, the User refrains from loading or processing any data which runs contrary to laws, regulations or public order and notably any xenophobic, racist, sectarian, proselyte, homophobic, defamatory, harmful, pornographic or paedophilia, violent content, as well as any provocation to suicide or violence, harming the protection of privacy, the image of people or third party rights, notably by the storage of files obtained in breach of copyright.

The User agrees not to make any use of the Service which runs contrary to regulations applicable to its professional activities, commercial publicity or electronic communication, nor to provide assistance to such a use. Under no circumstances may the Service be used for phishing, anonymisation, file exchange or downloading.

Izzyway reserves the right to suspend, without notice or compensation, access to the Service in the event of receipt of a notification in compliance with article 6 of law no. 2004-575 of 21 June 2004, or more widely in the event of use of the Service which does not comply with the Agreement.

5. Hosting and availability of the Service

If not on premise, the Service and User data pertaining to the Service are hosted on a sub-contractor Platform of which the general terms and conditions of service are sent by Izzyway to the User upon a simple written request by the latter.

The User expressly grants Izzyway the right to reproduce its data on the Platform, solely for the purpose of performance of the Service and for the entire term of this Agreement.

No service level guarantee is granted by Izzyway during the free evaluation period. The User is notified of technical issues inherent to the internet and suspended access which may result. Moreover, the User is solely liable for security of its own computer system and web access, and in particular the implementation of a firewall and antivirus program to protect its system. Consequently, Izzyway cannot guarantee permanent accessibility to the Service.

6. Intellectual property

Izzyway is and will remain sole owner of all rights pertaining to the Service, its trademarks and logos, tables and graphs included in the Software, of any database required for operation of the Service, as well as its expertise, tools and own computer system.

The right of use of the Service conferred may not lead to transferring any intellectual property right whatsoever over the Service in whole or in part.

The User is sole proprietor of the intellectual property rights over MiMs which it develops using the Service, with the exception of applications which constitute Runtimes, of which the intellectual property rights remain the property of Izzyway.

Following the Service evaluation period, all MiMs developed by the User may no longer be used, unless the User opts for subscription of the paid-for Service provided by Izzyway.

7. Confidentiality

User Data, specifications of the Izzyway Service as well as source codes and object codes of the Software, constitute strictly confidential information. Each Party agrees to respect the confidentiality of all information which it receives from the other, not to disclose confidential information of the other party to any third party whomsoever, notwithstanding any legal request and to only use confidential information belonging to the other party so as to perform its obligations pursuant to the agreement.

8. Personal data protection

In the framework of provision of the Service, and as defined in applicable regulations, the User is the controller and Izzyway is its data processor.

Izzyway has access, as data processor, to personal data as defined by applicable regulations. Izzyway may consequently be led to process this data for the User, solely so as to offer the Service as part of the Agreement.

The User is solely and exclusively liable for data processing. Consequently, it is incumbent thereupon to determine the categories of people concerned, the categories of personal data processed, as well as the sought goals and durations of data processing, as conferred to Izzyway, and it guarantees to be sole proprietor of this data, notably personal data, which is processed using the Service or MiMs. All of the rights of people concerned (right of access, rectification, etc.) should be exercised by these people directly with the User, Izzyway agrees to comply with any reasonable and legitimate written instruction from the User in this regard.

Pursuant to applicable regulations, prior to any use of the Software, the Service or MiMs by the User and for the entire duration of the Contract, the User guarantees Izzyway:

  1. that it has collected and processed personal data in a legal, loyal and transparent manner, for given, explicit and legitimate purposes that Izzyway could not know and the User confirms to have duly informed the people concerned;
  2. that it is solely liable for processing personal data collected, directly or indirectly, entered or processed during use of the Service or MiMs;
  3. that it alone determines the purposes and means of processing personal data operated notably by use of the Service or MiMs. Consequently, it is incumbent upon the User, prior to use of the Service or MiMs, to check that processing of personal data requested from Izzyway complies with the purpose and means of processing of personal data undertaken by the User.

In its capacity as data processor, Izzyway agrees (i) not to process personal data for any purposes other than those defined by the User, and (ii) to keep a data processor register, in such instance as the conditions for keeping such a register are fulfilled pursuant to applicable regulations and, where applicable, to make this available to the User and the control Authority on request.

By virtue of security and confidentiality of personal data and taking due account of the nature of processing and information provided, Izzyway agrees to:

  1. implement appropriate organisational and technical measures in consideration of the state of knowledge, costs for implementation and the nature, scope, context and processing purposes so as to protect personal data within the software;
  2. to keep personal data strictly confidential;
  3. to immediately inform the User of any harm to personal data security which is transferred or processed via the Service when this leads, in an accidental or illicit manner, to unauthorised access or disclosure, alteration, loss or destruction of this data; and
  4. to establish, maintain and provide at first request, the description of measures implemented within the software so as to protect personal data (with it being reiterated that by virtue of the licence, you are solely and exclusively liable for the security and protection of personal data on your own information system).

Izzyway only technically processes User data so as to make the Service, with the exclusion of any other use, available for Izzyway or third parties. Data, notably personal data, MiMs, the Software are all stored and processed by Izzyway. Izzyway agrees not to perform any data transfer without the prior authorisation of the User and in a secure framework pursuant to requirements of local legislation applicable, namely towards countries with an "adequate" level of protection, or towards entities (Affiliates, data processor).

Pursuant to law no. 2015-912 "Intelligence" of 24 July 2015 and in such instance as Izzyway has encrypted User data, in whole or in part, pursuant to the Agreement, Izzyway reminds the User that, subject to criminal sanctions "[service providers] who provide encryption services for confidentiality purposes are bound to issue agents [from specialist intelligence services] within 72 hours, on request, all conventions allowing for unencrypted of data transformed using the services provided. Agents [from specialist intelligence services] may request that suppliers [of encryption services] themselves implement within 72 hours these conventions unless [the suppler of encryption services] shows that it was unable to meet these requirements".

9. Security

Network access to the Platform is highly controlled (audit and intrusion detection, vulnerability audit, etc.). The physical infrastructure of the Platform is secured at various levels:

10. Liability

Izzyway is liable for compliance of the Service with its documentation, proper operation, and availability of the framework as an obligation of providing the Service to the User.

Izzyway does not offer any other guarantee related to the Service and may under no circumstances be held liable for adequacy of the Service with User requirements and the success of User projects, including efficiency, visibility or pertinence which fall within its own discretion.

Moreover, it is incumbent solely upon the User of the Service to ensure (i) that it has a sufficient web connection and (ii) the compatibility of its IT environment with the Service. Izzyway relinquishes all liability in the event of improper operation or non-compliance of the Service related to a breach or insufficientand communication resources of the User.

By express consent between the Parties, the liability of Izzyway in the event of any default in its obligations resulting from these current conditions and which is proved by the User is limited to the amount of Client’s payments.

Izzyway relinquishes all liability as to the storage, legality, integrity or pertinence of data loaded and/or processed by the User, during the evaluation period use of the Service.

11. Data retention

Except by explicit agreement, the data generated by the Software (activities report) will be kept for a period of one year.

12. Term

These conditions are effective from the date of their acceptance by the User and will remain applicable for the use duration of the Service by the User, notwithstanding any other agreement between the parties.

13. Applicable law and jurisdictional clause

Use of the Service is governed by French Law. All disputes are referred to the Paris Courts.