1. Recital

This website (the “Website”) is edited by the Foundever® Group, a global CX leader in the field of customer relationship management.

The Website accessible to the following address foundever.com/de and all of its other forms (foundever.com, foundever.com/es, foundever.com/fr, foundever.com/en-uk, foundever.com/pt-br) are made available for informational purpose of their users and visitors only (the “Visitors”).

By using and consulting the Website, you are agreeing to comply with these terms of use (the “Terms of Use”), which you acknowledge having read, understood and accepted in full. If you do not agree to the Terms of Use, please leave the Website and do not download any associated information.

2. Website publisher

The Website is owned and published by Foundever Group, a limited liability company with a share capital of EUR 1.113.216, having its registered office at 33 boulevard Prince Henri, L-1724 Luxembourg, Grand-Duchy of Luxembourg, registered to the Luxembourg trade registry under number B171740, represented by Laurent UBERTI, acting as Chairman and global CEO (“Foundever”).

The Website is hosted by WPEngine, Inc.

Publication manager is Martin Wilkinson-Brown, global Chief Marketing Officer.

Contact information: brand@foundever.com

3. Conditions of use of the Website

Access to the Website

Foundever will make its best effort to ensure the Website is accessible 24/7, although we are not under any legal obligation to do so. Access to the Website may be interrupted in case of planned maintenance, force majeure or any event outside of Foundever’s control. Foundever shall not be held responsible in case of any interruption nor for the consequences of any interruption that may result to Visitors.

Website content

Although Foundever attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the information contained in the Website, and shall not be held liable for inaccuracy of any information displayed in the Website. Information contained on the Website may be changed or updated without prior notice.

The content of the Website is provided for informational purposes only. Foundever hereby grants you a non-exclusive right to use the Website solely for your personal non-commercial use, and not to use the Website to obtain materials, data or information for purposes of gaining a competitive advantage. As a condition of your use of the Website, you warrant Foundever that you will not use the Website and the information contained herein for any purpose that is unlawful or prohibited by these terms of use.

It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Foundever so that it can be corrected.

Links or pointers to other websites

Foundever makes no representations whatsoever about any other non-Foundever website that you may access through this Website. When accessing a non-Foundever website, you acknowledge that it is independent from Foundever and that Foundever has no control over the content of that website.

A hyperlink to a non-Foundever website does not mean that Foundever endorses or accept any responsibility for the content or use of the linked website.

It is up to every Visitor to take precautions to ensure that whatever is selected for use or download is free of such items as viruses, worms, Trojan horses and any other item of a destructive nature. If a Visitor decides to access any third party website linked to this Website, it does it entirely at its own risk.

4. Trademark notice and IP rights

The foundever.com domain is the sole ownership of Foundever Group and/or its affiliated companies.

Foundever® and the Foundever logo are trademarks of Foundever Group and/or its affiliated companies. Their reproduction and/or representation on the Website does not grant the Visitors any license or right to use these trademarks without the prior written consent of Foundever.

All pages within the Website and any material made available for download are the property of Foundever, its affiliated companies and/or commercial partners. The content of the Website, including the text, images, audio and videos are copyrighted and may not be represented, adapted, distributed, modified, reproduced or used, in whole or in part, without the prior written consent of Foundever, unless expressly stated otherwise in the Website.

Despite the above, you may download, reproduce or print some specific content of the Website provided that:

• such content is used for personal, non-commercial purposes only,
• the content is included in full and is not subject to any modifications whatsoever and in particular without this list being exhaustive: retouching, cropping, editing, adding any king of other logo, etc…
• mention is made of the copyright of Foundever, the Foundever companies or their partners on all reproductions, whether in full or partial.

Any other use other that the ones listed above is strictly prohibited without the prior written consent of Foundever. Any reproduction or representation by a Visitor, even partial, using any process whatsoever, undertaken without the prior written express permission of Foundever is an infringement of copyright that may result in the Visitor being held civilly and criminally liable.

All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

5. Data privacy

When visiting the Website, you acknowledge and agree that your personal data may be transferred outside the European Union.

Foundever has taken all necessary measures in order to ensure adequate level of protection of your personal data. By visiting the Website, you acknowledge and accept the Foundever privacy terms, cookies policies and other privacy policies that can be consulted here.

6. Liability

Warranty disclaimer

THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOUNDEVER OR ANY FOUNDEVER’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Limitation of liability

FOUNDEVER AND ITS AFFILIATED COMPANIES, PARTNERS AND OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.

Applicable law and jurisdiction

The Terms of Use are subject to and shall be governed by and construed in accordance with the laws of Luxembourg. Each party to these Terms of Use submits to the exclusive jurisdiction of Luxembourg, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between Foundever and you pertaining to the subject matter hereof. Foundever may, in its sole discretion and from time-to-time, revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Website.