These terms and conditions of online subscription are offered by Binary Cygnus SASU, registered in France with the RCS Compiègne under the number 931187033.

Definitions and scope of application

Binary Cygnus publishes the title and its digital media:

  • BCYGNUS
  • www.bcygn.us

These general terms and conditions govern our relationship with subscribers and/or users, subscription, access to services, use of online participative information services, as well as all related services, which we offer via the digital media listed above (hereinafter “services”).

These conditions are supplemented by the “Terms of Use” document, thus forming our “contractual terms”:
The contracts are presented to each subscriber prior to subscription of the first subscription or access offered.
The said “contractual terms” is binding on all subscribers and users and binds them mutually to BINARY CYGNUS without condition or reservation, thus allowing uniform use of BINARY CYGNUS services, whatever the type of subscription chosen.
Tolerance of a contractual breach does not imply waiver by BINARY CYGNUS. In the event of nullity of one of the clauses of the contract, the other stipulations will retain all their force and scope.

Access and subscription conditions

Full access to BINARY CYGNUS websites and associated services implies, for certain content, the subscription of a fee and the creation of a user account, allowing the subscriber to authenticate himself.

A BINARY CYGNUS account corresponds to an identifier, associated with a password or token, both of which are specific and strictly personal to the subscriber. They enable each subscriber, via a dedicated interface, to access the subscription, subscribe/renew/modify current contracts and services.

Once the account has been created, BINARY CYGNUS will send an acknowledgement of receipt to the email address provided in the subscription form, confirming acceptance of the subscription request.

Our current subscription offers are available on our website and are divided into three categories:

  • Brief
  • Newsroom access
  • Specific promotional offers

Current offers are those displayed on the day the order is placed, including promotional offers.

The brief

This offer provides each user with personal access to the service for a period of one year, renewable by tacit agreement, unless terminated before the end of the current period in accordance with the terms set out below.
Subscription is nominative and strictly personal.
The subscriber undertakes not to share his or her access data with third parties, failing which the subscription will be immediately terminated without refund.

Newsroom access

This offer enables each subscriber to contact the newsroom in order to write content at the subscriber’s request on a well-defined subject.

Each request is not subject to a guarantee of result, particularly if the journalist considers that the subject does not comply with these Terms of Use.

If the subject requested is too vague, or is not available in our international press relations database, the response time may be long or require more investigation time.

This offer is dedicated solely to general news items in the non-specialized press.

BINARY CYGNUS reserves the right to redirect the subscriber to a more comprehensive offer, or to another media specializing in this field, if the journalist is unable to provide an answer.

Our subscription offers

The prices of products and/or services offered by BINARY CYGNUS to private individuals are those in effect on the day of the order. They are mentioned in the subscription form and indicated, all taxes included, in euros, dollars, before any order validation.

BINARY CYGNUS reserves the right to modify the prices of its products and/or services at any time, in compliance with current regulations. It may also offer special promotional offers, valid for a limited time and subject to conditions.

The prices applicable to an order are those in force on the date of the order, as mentioned in the subscription form. Under no circumstances may a price change or the introduction of a promotional offer subsequent to the order give rise to a claim, reimbursement or cancellation of the order by the customer.

Promotional offers cannot be exchanged for their monetary value, nor can they be reimbursed in full or in part. If the customer has a promotional code enabling him to benefit from a price advantage, this must be entered at the time of subscription. This code is personal, non-transferable and can only be used once during its period of validity.

Due to the unique and conditional nature of each promotional offer, BINARY CYGNUS reserves the right, if it finds that a user or customer is benefiting from an offer for which they do not meet the eligibility conditions, or from which they have already benefited, to apply the standard rate in force, without notice or compensation, or to interrupt access to the service concerned.

All orders are payable in the currency chosen from those offered at the time of subscription. Should one or more taxes or contributions be created or modified, this change may be reflected in the selling price of the products and/or services offered.

Renewal

Unless otherwise specified in a subscription offer or promotion when you subscribe to a subscription, you agree that at the end of the initial subscription period (and each renewal period thereafter), your subscription will be automatically renewed for the same period at the then current renewal rate, which may change from time to time. In the event of a change in the amount or frequency of your payment, BINARY CYGNUS will notify you at least two weeks before the payment is due to be debited. In order to avoid any failure or delay in your renewal, you must keep your sourcing information (i.e. card number, expiry date and security code (or comparable feature)) up to date. If such payment information changes or is about to expire, we may update it in our payment systems at our sole discretion without any action on your part based on information received from your payment service provider and/or third parties (including, but not limited to, our financial services partners and certain card payment networks) in accordance with the law and by agreeing to these Terms of Use, you hereby authorize us to continue to support the payment of your Subscription using such updated information.

If we update your funding source information, we may retain any associated preference settings. If you do not want us to update your payment information as described above, you can contact your bank or card issuer to request this, or remove the funding source from your account profile.

Pricing and payment terms

Payment of the subscription is made according to the rates and terms in force for BINARY CYGNUS services. Subscriptions are payable at the time of subscription or, where applicable, renewal.

The subscriber is solely responsible for payment of all sums due in respect of the subscription. However, a third party may pay for the subscription on behalf of the subscriber, without this conferring any special rights on the subscriber, except in the case of collective and licensed subscriptions.

BINARY CYGNUS offers several payment methods:

  • Credit card
  • Paypal / Braintree
  • Apple Pay
  • Google Pay

In order to manage theses methods, we are working with processors like Stripe and PayPal. We manage subscription with Chargebee software too.

In any case, all of them, as the website, are PCI DSS and SOC 2 compliant. Your credit card number are not stored by BINARY CYNGUS (for example).

Services

Subscriptions to the various services enable access to all articles published in the newsroom.

BINARY CYGNUS may offer new services, free or paid, whose subscription and/or use may be subject to compliance with certain criteria or technical limitations, which will then be specified to the subscriber and/or user.

Changes to the general terms and conditions

BINARY CYGNUS reserves the right to adapt or modify these general subscription conditions and general conditions of use at any time. The new terms and conditions will, where applicable, be brought to the attention of the User by online modification.

Rules of use and limitation of liability

Creating a user account does not in itself create any rights. It is a declarative procedure enabling you to enter your contact details (title, first name, last name, e-mail address, country, etc.). It is the responsibility of the subscriber and/or user to declare accurate contact details and to keep them up to date in the event of changes.

On the basis of the information declared, the account is associated with an “Identifier” and a ‘Password’ or “token” chosen by the subscriber and the user. chosen by the subscriber and which are strictly personal.

Each subscriber and/or user acknowledges and accepts that any use made of BINARY CYGNUS services via his/her account will be deemed to have been made under his/her responsibility, with his/her agreement and is strictly personal to him/her. The transmission to a third party and the use of these access codes by a third party are strictly forbidden. Failure to comply with this rule may result in temporary suspension of the subscription, after an initial warning, or even cancellation of the subscription in the event of a repeat offence. Exceptions may be made for grouped professional subscribers, depending on the offers subscribed to.

If you forget your password, you can request its recovery by using the “Forgot your password? In the event of accidental disclosure or theft of the password, the subscriber must replace it as soon as possible, and inform the BINARY CYGNUS subscriber service by e-mail at contact at binarycygnus.com.

The BINARY CYGNUS subscriber service will deactivate usurped access codes at the subscriber’s request only.

Please note that passwords chosen by subscribers are encrypted and therefore cannot be accessed by BINARY CYGNUS staff. If a password is lost or forgotten, the subscriber must reset it using the “Forgot password” function.

In the absence of prompt or immediate action, the account holder will be held responsible for any loss, theft, misappropriation or unauthorized use of his or her access codes and for the consequences thereof.

Unless expressly authorized in writing and in advance by BINARY CYGNUS, the subscription does not allow the distribution or reproduction of articles for professional purposes.

Limitations specific to the use of the Internet network

BINARY CYGNUS undertakes to use its best efforts to secure access, consultation and use of information in accordance with the rules of Internet usage. The sites are accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of BINARY CYGNUS and subject to any breakdowns and maintenance operations necessary for the proper functioning of the site. Maintenance work may be carried out without prior notice to subscribers.

The subscriber uses the services of the BINARY CYGNUS site as is. The subscriber also declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that :

  • Use of the sites and mobile applications is at the user’s own risk;
  • The sites and mobile applications are accessible to the subscriber ‘as is’ and subject to availability;
  • Subscribers are responsible for any downloads;
  • The subscriber is solely responsible for any damage to their computer, telephone or tablet or any loss of data resulting from downloading this material or consulting the site or mobile applications;
  • It is the subscriber’s responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating via the sites and/or the information and content;
  • No advice or information, whether oral or written, obtained by the subscriber from BINARY CYGNUS or when using the sites is likely to create guarantees not expressly provided for in these general conditions;
  • The subscriber is solely responsible for the use made of the information present on the sites and applications and, consequently, BINARY CYGNUS cannot be held responsible for direct or indirect damage resulting from the use of this information;
  • The user is solely responsible for the use of the content of sites or applications having a hypertext link with the sites or applications, BINARY CYGNUS declining all responsibility for this content;
  • He/she is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
  • The communication of their access codes or, more generally, of any information deemed confidential is made under their own responsibility;
  • It is the user’s responsibility to take all necessary measures to ensure that the technical characteristics of their equipment allow them to consult the information.

The services offered by BINARY CYGNUS comply with current French legislation. All information and data disseminated in the publications edited by BINARY CYGNUS are provided for information purposes only. BINARY CYGNUS cannot be held responsible for any damage, direct or indirect, that may result from errors, omissions or delays in the transmission or publication of said information.

Hypertext links on the sites may lead to other sites. BINARY CYGNUS has no a priori control over these contents and assumes no responsibility for the sites and contents to which these links refer.

However, BINARY CYGNUS will proceed with the withdrawal of the said links or content published on its site a posteriori, within the framework of a notification of the illicit or prejudicial nature of these links or content. However, BINARY CYGNUS cannot remove content published on sites other than its own.

Each subscriber and/or user acknowledges and accepts that, taking into account the texts in force, BINARY CYGNUS or its hosting service provider may have to delete or make access impossible to all or part of the content. BINARY CYGNUS cannot be held responsible for this.

Force majeure

BINARY CYGNUS declines all responsibility for any breach of any of its contractual obligations in the event of a case of force majeure or fortuitous event such as, but not limited to: disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the correct transmission and/or execution of data.

Miscellaneous provisions

On taking out the subscription, the person declares that he/she has the legal capacity and the powers or authorisations required to validly enter into these general terms and conditions of sale, as well as any other special terms and conditions applicable to the service taken out. In application of article 1124 of the French Civil Code, non-emancipated minors are incapable of contracting.

Withdrawal

The subscriber, who may be qualified as a consumer within the meaning of the texts in force, declares that he accepts that the service is provided and accessible as soon as his order is confirmed and he makes his first connection to the service, which starts his subscription for the chosen duration. The subscriber therefore expressly acknowledges that the service begins, with his agreement, before the end of the fourteen-day period stipulated in the French Consumer Code for exercising the right of withdrawal, and that he cannot claim to benefit from this right.

The subscriber acknowledges that, in any event, these provisions do not apply to subscriptions taken out by professionals and companies.

Cancelled or Pause the subscription

In accordance with the user charter, BINARY CYGNUS reserves the right to suspend and/or terminate the subscription taken out by the subscriber, without compensation or right to reimbursement, if the subscriber fails to comply with these general conditions, within a period of 15 days from the sending of a formal notice by registered letter with acknowledgement of receipt (in the case of a valid address provided by the subscriber) or by email with acknowledgement of receipt to the email address entered at the time of subscription, without prejudice to the right of BINARY CYGNUS to seek payment of any damages and interest in compensation for its entire loss.

The subscriber may only transfer all or part of the rights and obligations resulting from his subscription with the prior written agreement of BINARY CYGNUS and subject to strict compliance with the conditions stipulated in the present general conditions.

Cancellation does not entail any penalty, but will not give rise to reimbursement of the current period, monthly or annual, depending on the choice made at the time of subscription.

However, in the case of annual subscriptions, in exceptional circumstances and subject to restrictions, refunds during the period will be accepted provided there is a legitimate reason. Requests will be examined by the subscriptions department.

To cancel a subscription

To cancel a subscription, go to your customer area and then to the portal to manage your active subscriptions.

Intellectual Property

All the content of our websites and applications, whether freely accessible or subject to subscription, including but not limited to: the graphic charter, title, form, site map, texts, logos, trademarks, images and databases accessible or made available, whether freely accessible or subject to subscription, as well as all the programmes and/or technologies provided in connection with the site and, more generally, all or part of the site itself, are protected by the provisions of the French Intellectual Property Code. The same applies to the archives.

The subscriber undertakes to use the content made available on the digital services only in accordance with the personal consultation rights granted to them under the terms of their subscription.

The contractual framework of our websites and applications does not entail any transfer of intellectual property rights to users of our websites and applications, for whatever reason.

Subscribers must make lawful and reasonable use of their personal access to the information made available as part of their subscription. Any use of content other than that provided for in the subscription is strictly forbidden and may constitute an infringement, giving rise to legal action by BINARY CYGNUS against the offender(s).

The information and content consulted and exploited within the framework of the use of BINARY CYGNUS services and strictly intended for subscribers must under no circumstances be divulged or used for other purposes. The offender will be held responsible for any unauthorised use of this information that may be made by him or from his account.

Applicable law and jurisdiction

The parties agree that this contract is subject to French law.

These terms of contract have been made available in English.

However, any dispute concerning the validity, interpretation or execution of this contract will, in the absence of amicable resolution, be subject to the exclusive jurisdiction of the French courts in the place of the registered office of BINARY CYGNUS, based on the terms and conditions drawn up in French.