ScaleUp
Terms of use

Terms of Use

Last updated : 27 May 2026

Preamble

The website accessible at scale-up.app (hereinafter the “Site”) is published by OPTIMUS NETWORK, a simplified joint-stock company (société par actions simplifiée) with share capital, registered with the Trade and Companies Register of Bazas under number 101 785 269, with its registered office located at 1 Cours du Maréchal Joffre, 33430 Bazas, represented by its President, Mr Fabien MICHEL (hereinafter the “Publisher”).

These Terms of Use (hereinafter the “Terms”) govern the conditions of access to and use of the Site. Browsing the Site constitutes full and unreserved acceptance of these Terms. Any user who does not accept all or part of these Terms must refrain from using the Site.

1. Definitions

  • “Site”: all pages, content and services accessible at scale-up.app and its subdomains.
  • “User”: any natural or legal person accessing the Site, whether free of charge or for a fee, for professional or personal purposes.
  • “Services”: all the features offered by the Site, in particular the presentation of the ScaleUp solution, appointment booking, public documentation and the contact form.
  • “Content”: all the elements accessible on the Site (text, images, videos, logos, trademarks, code, databases, etc.).

2. Purpose

The purpose of these Terms is to define the conditions and procedures under which the Publisher makes the Site available to Users and the conditions under which the latter access and use it. They apply without prejudice to any Terms of Sale governing subscription to the ScaleUp solution.

3. Acceptance and enforceability

The Terms are enforceable against any User as of their first connection to the Site. The Publisher recommends that the User print or save a copy. The version applicable to any consultation is the one in force on the date of said consultation.

4. Access to the Site

The Site is accessible free of charge to any User with Internet access. The costs related to accessing the Site (computer hardware, Internet subscription, communication costs) remain the sole responsibility of the User.

The Publisher endeavours to ensure access to the Site 24 hours a day, 7 days a week, without however guaranteeing absolute availability. It reserves the right, without notice or compensation, to suspend, interrupt, modify, restrict or close all or part of the Site, temporarily or permanently, in particular for maintenance operations, technical requirements, or in the event of force majeure.

5. User conduct

The User undertakes to use the Site in strict compliance with the laws and regulations in force, the rights of third parties, and these Terms. In particular, the User shall refrain from:

  • harming public order, public decency or human dignity;
  • infringing the rights of third parties, in particular intellectual property rights, image rights, privacy or the protection of personal data;
  • disseminating, having disseminated, transmitting or making accessible content that is unlawful, infringing, insulting, defamatory, racist, denialist, pornographic, child-pornographic, harmful to the dignity or integrity of the person, or that incites hatred or violence;
  • attempting to gain unauthorised access to the Publisher’s computer systems, its administrative interfaces, or other Users’ accounts;
  • introducing or attempting to introduce viruses, worms, Trojan horses, or any other malicious code;
  • carrying out scraping, crawling, mass harvesting, reverse engineering, decompilation or disassembly operations, except within the limits strictly provided for by Article L.122-6-1 of the French Intellectual Property Code (Code de la propriété intellectuelle);
  • using the Site for unsolicited commercial prospecting purposes;
  • deliberately overloading or hindering the operation of the Site (in particular through denial-of-service attacks).

Any breach of the provisions of this article may result, without prejudice to any legal action or claim for damages by the Publisher or by injured third parties, in the immediate suspension of access to the Site and, where applicable, the termination of the Contract binding the User to the Publisher.

6. Intellectual property

All the elements making up the Site (architecture, text, illustrations, graphics, logo, trademarks, photographs, videos, sounds, database, source and executable code) are the exclusive property of OPTIMUS NETWORK or its licensors, and are protected by French and international legislation relating to intellectual property, in particular by the French Intellectual Property Code (Code de la propriété intellectuelle).

Any reproduction, representation, modification, publication, adaptation, translation, distribution, transfer or exploitation, in whole or in part, of the Content or the Site, by any means whatsoever, without the prior express written authorisation of the Publisher, is strictly prohibited and would constitute an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).

The ScaleUp trademark and the associated logo are protected trademarks that are the exclusive property of OPTIMUS NETWORK. No right or licence to use them is granted to the User.

7. Hyperlinks

The Site may contain hyperlinks pointing to third-party sites. The Publisher exercises no control over these sites and disclaims all liability as to their content, their privacy policy or the use made of them.

The placing of any hyperlink pointing to the Site, or the practice of framing, is subject to the prior written authorisation of the Publisher. Any misuse or use that does not conform to the image of the Site shall entitle the Publisher to demand the immediate removal of the link and, where applicable, to take any action for compensation.

8. Personal data

The processing of personal data collected via the Site is described in the privacy policy, which supplements these Terms.

9. Cookies

The use of cookies and trackers placed via the Site is governed by the cookie policy. The User may at any time accept, refuse or customise their choices from the consent banner or the dedicated page.

10. Availability and maintenance

The Publisher undertakes to implement reasonable means to ensure the availability of the Site, without any obligation as to results. It may interrupt access to the Site, without notice if necessary, for maintenance operations, updates or technical developments, as well as to preserve the security of the Site and its Users.

11. Limitation of liability

The Publisher makes every effort to provide accurate and up-to-date information. However, it cannot guarantee the completeness, accuracy or absence of error of the information disseminated on the Site, which does not constitute a contractual commitment.

The Publisher may under no circumstances be held liable for direct or indirect damage resulting from access to, use of, or the inability to use the Site, including in the event of interruption, unavailability, data loss, computer virus, or harm to the integrity of the User’s equipment, the User acknowledging that they use the Site under their sole responsibility.

The limitations of this article shall not apply in the event of wilful misconduct or gross negligence by the Publisher, nor in cases where the law prohibits such a limitation.

12. Force majeure

The Publisher may not be held liable for the non-performance of its obligations in the event of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil), in particular: exceptional weather events, armed conflicts, acts of terrorism, epidemic or pandemic, general strike, general power or telecommunications outage, large-scale cyberattack affecting the entire sector.

13. Reporting unlawful content

In accordance with Article 6-I-5 of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy, any User who becomes aware of manifestly unlawful content may report it to the Publisher at the address support@scale-up.app, specifying: the date of the notification, the identity of the notifier, the precise description of the facts and their location, the reasons why the content should be removed (legal references).

14. Consumer mediation

The Site is intended exclusively for professionals. As such, the provisions relating to consumer mediation (Articles L.611-1 et seq. of the French Consumer Code, Code de la consommation) are not applicable.

15. Amendment of the Terms

The Publisher reserves the right to modify these Terms at any time. Amendments take effect upon their publication on the Site. It is the User’s responsibility to regularly consult the version in force, identifiable by its update date appearing at the top of this document.

16. Partial invalidity

If any of the provisions of these Terms were to be declared null, unenforceable or inapplicable, the other provisions shall retain their full effect.

17. Applicable law - Competent jurisdiction

These Terms are governed exclusively by French law. In the event of a dispute between the Publisher and a User acting in a professional capacity, and failing prior amicable resolution, the Commercial Court of Bordeaux (tribunal de commerce de Bordeaux) shall have sole jurisdiction, including in the event of summary proceedings, multiple defendants or third-party proceedings.

18. Contact

For any question relating to these Terms: support@scale-up.app.