Terms of Service for Providers

1. GENERAL AND DEFINITIONS

These terms and conditions (“Terms”) are an agreement between you as a Provider and Colls (Bridgers SAS) (reg. 882 679 749), a company incorporated under the laws of France (“Colls”). Colls provides a service named Colls, including a web application and mobile applications, with a communication platform for live services to an online audience. These terms of service shall apply to all Providers available via the Platform. As a Provider, you must agree to and abide by these terms at all times during the use of the Platform and Colls. “Provider” means an individual or a company providing live services to End-clients through the Platform. “End-client” means the individual or legal entity that Provider provides live services to. “Colls” means all services provided by Colls on the Platform or otherwise, including but not limited to communication services and other features available at any time. “Platform” means the website www.colls.io and any mobile application of Colls. If you use Colls as both a Provider and an End-client, the respective Terms of Services shall apply.

2. ACCEPTANCE OF TERMS

2.1 When you click [“Agree”] during the registration process for an account, you agree to these Terms. Colls reserves the right to modify these Terms at any time in its sole discretion, and will notify you by e-mail 30 days in advance of any changes taking effect and by posting the updated Terms on the Platform. Your continued use of Colls after notification of any changes in the Terms constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use Colls.

3. OBLIGATIONS OF THE RESOURCE PROVIDER

3.1 The information Provider submits to Colls must be accurate, truthful and updated. We reserve the right to verify the information Provider provide as a Provider.

3.2 Provider will at all times provide the live services in accordance with all applicable laws and regulations.

3.3 Use of Colls requires a computer or other device including a camera and microphone. It is Provider’s sole responsibility to fulfill all technical requirements, as may be required from time to time, to be able to use the Platform and Colls, including, but not limited to, sufficient internet bandwidth and web browser, as well as camera and microphone devices in order to provide live services.

3.4 Provider agrees to keep its account information, such as user name and password secure and confidential to prevent unauthorized access to the account(s) and to prevent unauthorized use of Colls. Colls must be informed as soon as Provider has reason to believe that its access information may have been shared with a third party. Provider will be solely responsible for any disclosure of its access information or use thereof by any unauthorized third party.

3.5 Provider will personally offer the live services using Colls and the Platform hereunder.

3.6 Provider will make its information, available to End-clients on the Platform and as part of Colls.

3.7 It is Provider’s sole responsibility to ensure that the contact information is current and accurate. This contact information includes, but is not limited to, name, address, phone number, e-mail address, and account numbers. Provider will promptly update and notify Colls of any change in this information. Provider is solely responsible for any liability or expense resulting from outdated or inaccurate information.

4. EXCLUSIVE USE OF Colls

4.1 For clients acquired through Colls, Provider agrees to exclusively use Colls and the Platform for live services. When providing live services, Provider agrees to solely use Colls. Provider may not use Colls with the objective of recruiting new clients for physical or telephone meetings.

5. PRIVACY REGULATIONS

5.1 Provider agrees to abide by the GDPR, and such legislation succeeding these acts, as may be applicable to Provider’s use of the Platform and Colls. Provider ensures that it will keep personal data protected. Further, Provider acknowledges, agrees and indemnifies Colls from all claims and liabilities arising out of Provider’s failure to have the End-client consent to Provider’s use of personal data and/or any omissions or errors in any personal data processed and stored by Provider and provided through Colls.

5.2 Provider represents and warrants that it will maintain the confidentiality of End-client personal information and shall only use End-client personal information or the healthcare and personal information of End-clients as permitted in the Terms of Service and consistent with privacy laws.

6. PAYMENT INFORMATION AND FEES

6.1 Provider will forward all necessary payment instructions to such third party as appointed by Colls as payment service provider. A fixed fee and additional charges for Colls, and a third party appointed by Colls, will be deducted as stated on the Platform or in email prior to payments to Provider.

6.2 Provider agrees to be responsible for any telephone charges and/or internet service fees that may arise from Provider’s use of Colls.

6.3 Payment processing services for Provider on Colls are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a Provider on Colls, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Colls enabling payment processing services through Stripe, you agree to provide Colls accurate and complete information about you and your business, and you authorize Colls to share it and transaction information related to your use of the payment processing services provided by Stripe.

7. SERVICE INTERRUPTIONS

7.1 Colls may revise, discontinue, or otherwise modify, temporarily or permanently, Colls or any part thereof (including, without limitation, the Platform, this Terms of Service, the scope of Colls, and any materials related to Colls), or Provider’s access thereto. Without limiting the foregoing, Colls reserves the right at any time to terminate these Terms of Service as to all prior versions of Colls and/or related materials and limit access to our more recent versions and updates.

7.2 Provider may choose to accept or decline our changes by closing, continuing or discontinuing use of Colls to which these changes relate. Provider’s use of Colls after Colls makes any changes will constitute Provider’s agreement to such changes and the then current version of this Terms of Service as posted on the Platform.

7.3 Colls may, from time to time perform maintenance upon Colls or experience hardware, software or other problems related to Colls, resulting in interrupted service, delays or errors in Colls. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

7.4 Colls may provide support to you as stated on the Platform.

8. INDEPENDENT CONTRACTORS

8.1 The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.

9. ASSIGNMENT

9.1 These Terms of Service are personal to Provider, who may not assign its obligations or rights to use Colls to any other party. Colls expressly reserve the right to assign this Terms of Service and to delegate any of its obligations hereunder, under our sole discretion and without Provider’s consent. We may also assign or delegate certain of our rights and responsibilities under these Terms of Service to independent contractors or other third parties.

10. ACCESS DENIAL AND TERMINATION

10.1 Colls reserves the right to terminate these Terms of Service and Provider’s access to Colls, in whole or in part, at any time and for any reason. Provider’s contact information may be removed and the participation may be terminated without prior notification if Colls believes that Provider is in breach of any of the obligations in these Terms of Service, or if there is reason to believe that Provider’s access information may be used by an unauthorized party.

11. LIMITATION OF LIABILITY

11.1 Colls cannot and will not assume any responsibility for or control over the advice Provider offers through the Platform and Colls, and Colls recommends that Provider enters into written agreements with the End-clients regarding live service sessions. It shall at all times remain Provider’s full responsibility. Further, use of the Platform and Colls is at Provider’s own risk.

11.2 Provider acknowledges and agrees that neither Colls nor any third party will be liable if End-client does not pay, regardless of the reason, for Provider’s live service.

11.3 Provider acknowledges and agrees that Colls is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Provider’s information, End-client personal information, other data provided by End-client, or any other data or information provided or received through the Platform or Colls, (ii) the results that may be obtained from the use of the Platform or Colls, (iii) the provision of Provider’s services, or (iv) the cancelling or rescheduling of any appointment booked through the Platform or Colls by any End-client.

11.4 Provider agrees to hold Colls harmless in the event information stored in the Colls system is required to be disclosed by law, or is accidentally or maliciously obtained by a third party. While Colls takes measures to back-up the information stored on the Platform, Provider agrees to hold Colls harmless for any loss of data or information stored in the system. Provider also agrees to indemnify and hold Colls harmless for any damages Provider incurs by using Colls.

11.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, Colls IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF PROVIDER’S ACCESS TO OR USE OF Colls, OR THE INABILITY TO ACCESS OR USE THE PLATFORM OR Colls, WHETHER CAUSED BY Colls OR A THIRD PARTY. IN NO EVENT SHALL Colls’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF 5000 SEK. Colls EXPRESSLY EXCLUDE ANY AND ALL LIABILITY TO ANY THIRD PARTY.

11.6 WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Colls AND THE PLATFORM ARE PROVIDED TO PROVIDER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE Colls MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Colls MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

12. INDEMNIFICATION

12.1 Provider will defend, indemnify and hold Colls harmless from any and all claims, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to Provider’s use of Colls or the Platform.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Any dispute arising from Provider’s use of the Platform and Colls, or arising from the Terms of Service or the breach of the Terms of Service shall be governed by the laws of France.

13.2 Provider agrees that any dispute, controversy or disagreement arising out of or relating to this Terms of Service, the breach thereof, or the subject matter thereof, shall be settled exclusively by French courts, with the Tribunal de commerce de Paris as the court of first instance.

Contact information If you have any questions regarding these Terms, or any question, complaint or claim with respect to the software, please contact us at: contact@colls.io Corporate ID: 882 679 749 Paris, France contact@colls.io