General terms and conditions of use and sale

Task Direct Live allows users to access task management, project management, and collaboration services, both individually and within groups or teams, featuring integrated instant messaging and discussion spaces (hereinafter the "##INLINE0##"). You are about to subscribe to Task Direct Live (also referred to hereinafter as the "##INLINE1##"). These General Terms and Conditions of Use and Sale apply to anyone using Task Direct Live, whether they have personally purchased a paid subscription or their access is provided by a Client. The person who has purchased a paid subscription is hereinafter referred to as the "##INLINE2##" or, interchangeably, by the pronoun "##INLINE3##". The Services, accessible via the Application, are described in the Documentation.

The contract binding the Client to the publisher of Task Direct Lives, the company CORNER H IP registered with the Fort-de-France Trade and Companies Register under number 103 181 707 (hereinafter "##INLINE0##" or "##INLINE1##"), consists, in descending order of priority, of the Order and these General Terms and Conditions of Use and Sale (hereinafter ##INLINE2##), and their potential updates and all documents referred to in the T&Cs via a hyperlink, these documents being of lower rank than the T&Cs (hereinafter the "##INLINE3##"). You are invited to download and print these T&Cs and keep a copy. The Client declares that they have had access, prior to subscribing to this Contract, to all necessary informational and technical characteristics, and have obtained all clarifications requested regarding the operation and content of Task Direct Lives. Acceptance of the Contract is a prerequisite and mandatory condition for accessing the Services. The Client declares that the information provided in any subscription form is accurate and real, and undertakes to inform CORNER H IP in writing of any changes thereto. In the event of a significant modification to the T&Cs, the updated version will be presented to you for express acceptance prior to your access to the Application under the conditions of Article 13.

Acceptance by each User.The T&Cs are accepted by any person who creates an Account, whether they subscribe to the Services themselves as a Client or their access is sponsored by a Client. Acceptance is obtained expressly, by means of a checkbox, prior to the creation of the Account. CORNER H IP retains, for each Account, the version of the T&Cs accepted as well as the date and time of its acceptance; these records shall be deemed authentic, unless proven otherwise.

Scope of application.The provisions of the T&Cs relating to access to the Application, Credentials, use of the Services, Content, Reports and Complaints, suspension of access, intellectual property, and personal data protection apply to every User. The provisions relating to the Order, price, payment and invoicing, right of withdrawal, duration and termination of the subscription, and legal warranties apply only to the Client. A Client who uses the Application themselves also has the status of a User.

1. Definitions

"##INLINE0##" refers to the legal entity that, as a professional or an adult consumer for their own needs, has identified themselves on the subscription form in order to subscribe to the Application using accurate and real information about themselves. A Client who uses the Application themselves also has the status of a User.

"##INLINE0##" refers to the process operated via a subscription form exclusively in electronic format, by which the Client subscribes to the Task Direct Live Services offered by CORNER H IP, and during which the Client, the subscribed Services, the maximum number of authorized Users, and the price of the Services are identified. Acceptance of the Order by the Client constitutes full acceptance of the T&Cs and subscription to the Services. A detailed acknowledgment of receipt will then be sent to the Client's email address provided during registration.

"##INLINE0##" refers to the account created by a Client on the Application under the conditions described in these T&Cs, through which the Client manages, among other things, the various User Account(s);

"##INLINE0##" refers to the private, personal, and secure space made available to each User by CORNER H IP, created by the User themselves or at the initiative of a Client who sponsors their access, within the limits of the Contract, allowing the User to access the corresponding Services, in accordance with the Contract and the Documentation.

"##INLINE0##" refers interchangeably to User Account and Client Account.

"##INLINE0##" refers to any content published, transmitted, shared, or stored by a Client and/or a User on the Application in the context of using the Services;

"##INLINE0##" refers to all data relating to an identified natural person, or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to them.

"##INLINE0##" refers to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);

"##INLINE0##"refers to any document published by the Publisher and updated in connection with the Application, freely accessible in an electronic version, including all written provisions describing the operation of the Application and its Services, at the following URL: [XXXX]

"##INLINE0##" refers to the identifier and personal code specific to the Client and each User of the Client, allowing them to log in to their Account to access the Application, as governed by Article 4 of the General Terms and Conditions of Use and Sale. These Credentials are strictly confidential.

"Sponsored Access" refers to the situation in which a User's access to the Services is subscribed to and paid for by a Client, particularly a professional Client for its employees or collaborators.

"Complaint" refers to the claim made by a Client or a User to the Publisher, free of charge, following a decision made by the Publisher subsequent to a Report;

"##INLINE0##" refers collectively to the Client and the Publisher;

"##INLINE0##" refers to the document separate from these T&Cs describing the methods for processing personal data and the use of cookies or other trackers by the Publisher in the context of providing the Application, accessible here;

"##INLINE0##" means, in both the singular and plural, all services offered or made available by the Publisher and accessible on the Application, as described in the Documentation. The Publisher reserves the right to add, remove, or modify all or part of the areas of the Services it offers at any time. The Publisher undertakes to inform the Client in advance under the conditions provided for in Article 12 of these T&Cs;

"##INLINE0##" refers to the notification sent to the Publisher via the dedicated mechanism accessible on the Application; this Report is mandatory before any Complaint. The Report is made using the Report buttons available in the Application, directly from the relevant Content. Anyone without access to the Application may send a Report to the address [cornerhip@mdynamique.com];

"##INLINE0##" refers to suggestions, proposals, or feedback transmitted directly and privately to the Publisher by a Client or User regarding the operation or improvement of the Services.

"##INLINE0##" refers to any natural person who holds a User Account, whether they subscribed to the Services themselves as a Client or their access is provided by a Client. When their access is provided, the User accesses the features of the Services assigned by the Client, under the control and responsibility of the latter. In all cases, the User uses the Services in accordance with the Agreement and the Documentation.

2. Purpose

The purpose of this Agreement is the provision of the Services by CORNER H IP for the benefit of the Client, as determined in the Agreement, for their own professional needs, on a non-exclusive basis.

3. Duration

Unless otherwise provided in the Order, the Agreement takes effect on the date of subscription for the duration chosen by the Client at that time; it is then tacitly renewed for successive periods of the same duration, unless one of the Parties objects before the end of the current period, under the conditions provided for in the article "Termination of the Agreement".

4. Provision and terms of access to the Services

4.1. You acknowledge having been informed that the use of the Application strictly requires an internet connection and acknowledge more generally that you possess the necessary means and skills to use the Application's Services. In this capacity, it is your responsibility, at your sole expense and under your sole responsibility, to equip yourself with the necessary technical means, including internet access (hardware, software, networks, etc.), security devices, and the necessary skills to access the Application and perform all permitted operations, with no recourse against the Publisher in the event of damages resulting from the unavailability of the internet network or telecommunications means, or from a misunderstanding, mishandling, or misuse of the Application.

Territorial availability.The Application is offered only in countries where the Publisher makes it available for download and subscription. The Publisher may restrict or extend this list at any time, particularly to comply with applicable laws, international sanctions, or local data storage requirements. The Client is prohibited from subscribing from a country where the Application is not offered or from providing inaccurate information regarding their country of residence. Regardless of the Client's country of residence, data is hosted within the European Union and processed in accordance with the GDPR, under the terms of the Privacy Policy.

Minimum age.Any person creating an Account, as a Client or User, must be at least eighteen (18) years old. When creating the Account, they certify that they meet this requirement by checking a dedicated box. Any false declaration shall be the responsibility of the person making it. The Publisher may suspend or delete, without notice, any Account that it learns was created or is used by a minor. A Client may not provide access to a minor.

4.2 Under this Agreement, CORNER H IP does not provide development services, add new features, or alter existing features of the Application once it has been made available. Such services, subject to feasibility and the agreement of CORNER H IP, require the acceptance of a quote and the implementation of a separate agreement.

4.3 To access the Application, the Client must create a Client Account. Authentication is required, including a username and password, which must consist of at least 12 characters including uppercase letters, lowercase letters, numbers, and special characters (hereinafter the "Credentials").

4.4 Once logged into their Client Account, the Client may use the various features of the Application as specified in the Documentation.

4.5 The Client is solely responsible for creating access for Users and for configuring their access rights, within the limits of the Services offered by the Application. The Publisher cannot be held liable for consequences resulting from unauthorized access, mismanagement of rights, or non-compliant use attributable to the Client's Users.

4.6 The Client is solely responsible for the custody and security of the Credentials and agrees not to disclose them to any third party under any circumstances, and to keep them strictly confidential; any access to the Application using these credentials is deemed to have been performed by the Client. The Client agrees to notify CORNER H IP without delay by any written means, as soon as they become aware of any risk of abuse or unauthorized use of the Credentials. Any lending, sharing, exchanging, purchasing, transferring, or selling of an Account is prohibited, will not be enforceable against the Publisher, and may result in the sanctions provided for in the T&Cs.

4.7 The Client must inform all persons acting on their behalf of these T&Cs. In this capacity, the Client shall take all necessary measures with respect to any person acting on their behalf to ensure compliance with the conditions for exercising the right of access provided herein.

4.8 Any use not expressly authorized herein, or not in accordance with the purpose of the Application, its Documentation, or the provisions of the Intellectual Property Code, is unlawful.

5. Use of the Services

5.1 The Client is responsible for their use of the Services and that of their Users, which must be in accordance with the Documentation, the Agreement, and applicable laws, standards, and regulations. The same applies to any information shared by the Client or the User in the course of using the Services. Any use of the Application via a User's Credentials is deemed to have been performed by the Client.

The Client agrees that the Services shall be used exclusively by them and/or the Users, who are subject to the same obligations as the Client regarding their use of the Services.

The Client shall not, and warrants that the Users shall not, misuse the Services for purposes other than those for which they were designed. The Client agrees, and warrants that the Users agree, as a binding obligation, not to disturb public order, to comply with applicable laws and regulations, and to respect the terms of these Terms and Conditions as well as the rights of third parties. The Client agrees to notify the Publisher immediately in writing if any third party makes a claim against the Client or its Users regarding a violation of the law in connection with the use of the Application and the Services.

5.2 Prohibited content. The Client agrees, and warrants that the Users agree, that any Content published, transmitted, or shared through the Services, as well as any use made thereof:

• does not constitute a violation of applicable legal provisions, contractual stipulations, or other third-party rights, including personality rights or intellectual property rights;
• does not contain viruses, adware, spyware, worms, or other malicious software;
• is not pornographic, sexual, or pedophilic in nature, or harmful in any way to minors or the protection of children and adolescents. The Publisher cooperates with law enforcement and will report any sexual exploitation of children;
• does not contain personal data covered by Article 9 of the GDPR, including data revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, or data concerning health or sexual orientation;
• does not constitute indirect advertising for alcoholic beverages, tobacco, or tobacco products, in accordance with applicable legislation;
• does not constitute an interference with the authority of the justice system, a disclosure of information relating to an individual's tax situation, a dissemination of unauthorized polls or voting simulations regarding an election or referendum, or an infringement on human dignity and gender equality;
• does not depict reprehensible acts, such as animal cruelty, drug use, or bomb-making;
• does not depict violent images, nor feature people being injured, attacked, or humiliated;
• does not, without limitation, constitute an apology for or incitement to commit crimes or offenses, incitement to suicide, incitement to use drugs or prohibited substances, or provocation to discrimination, hatred, or violence;

5.3. Prohibited conduct. The Client agrees, and warrants that the Users agree, not to:

• access or attempt to access the Account of another Client/User of the Services;
• collect, store, or distribute personal data relating to other Clients/Users or any third party without their prior written consent;
• impersonate or misrepresent yourself as another person or entity;
• use or launch any automated system (including robots, spiders, or offline readers) that accesses the Services in such a way that it sends more request messages to the Publisher's servers during a given period than a human can reasonably produce during the same period using a standard (i.e., unmodified) commercially available web browser;
• hinder or disrupt the Services, servers, or networks connected to the Application;
• use all or part of the Services to offer other services;
• connect to the Services in a manner not expressly provided for by these Terms and Conditions;
• market, transfer, or provide access to the Services to an unauthorized third party;
• carry out any intrusion or attempted intrusion into the computerized systems implemented for the provision of the Services;
• use flaws, computer bugs, or any other form of error to obtain advantages in the use of the Services – in this regard, the Client agrees to notify the Publisher immediately upon discovering a flaw or error in the Services;
• transmit any message for which you are not authorized to distribute the content, particularly by legislative measure or legal act (including internal, privileged, or confidential information learned or disclosed within the framework of an employment contract or a confidentiality agreement, without this list being exhaustive);
• publish or link to third-party content that would be likely to contravene any applicable law and regulation, in particular content likely to infringe upon the rights of persons and property and/or intellectual property rights;
• harm the Publisher, its executives, employees, and/or partners or their image and reputation in any way, including by insulting or threatening them.

Theft, persecution, threats, harassment, failure to respect privacy, or the disclosure of personal data of other Clients/Users are prohibited. The Client agrees, and guarantees that its Users agree, not to use techniques aimed at bypassing Content moderation within the Application.

The Client agrees that they and their Users will use the Services in accordance with their intended purpose and the Documentation. Any Content published or shared within a group, team, or collaborative space may be viewed, used, and reshared by other members of that group, team, or space. The Client is solely responsible for the Content they publish or share, as well as that published or shared by their Users, and is encouraged to take this into account regarding the privacy settings of their Client Account and the relevant group. The Publisher cannot be held responsible for content published or shared by the Client or their Users on the Application. The Publisher reserves the right to limit the storage capacity for uploaded Content.

Each User is also personally responsible for the Content they publish or share and for compliance with the T&Cs. Decisions to remove Content, or to restrict or suspend access taken by the Publisher, particularly following a Report, apply to the User concerned and are notified to them directly, with an explanation of the reasons and the available avenues for Appeal, in accordance with Regulation (EU) 2022/2065 (DSA). When the decision concerns a professional space, the Client who administers it is also informed.

Artificial intelligence feature.The Application offers a task dictation feature based on an artificial intelligence system provided by a third-party service provider (OpenAI). When the Client or a User uses this feature, the dictated content is transmitted to this provider for processing, under the conditions described in the Privacy Policy. The use of this feature is optional.

Results generated by artificial intelligence may contain errors or inaccuracies; it is the responsibility of the Client and the Users to verify them before use. The Client agrees, and guarantees that its Users agree, not to dictate data covered by Article 9 of the GDPR or confidential information of third parties. The consumption of this feature, measured in tokens, falls under the AI Component referred to in Article 8.5.

Indemnification guarantee and Client's financial obligations

The Client is liable for direct damages caused to the Publisher or third parties resulting from a breach of its obligations under these T&Cs or from any use of the Services and the Application that does not comply with them. This liability is assessed in accordance with common law and within the limits provided by law. The guarantee covers any indemnities that may be due, as well as reasonable attorney's fees and legal costs.

6. Service levels and Application availability

The Publisher implements reasonable means, in accordance with industry standards, to ensure the accessibility and proper functioning of the Application 24 hours a day, 7 days a week, excluding maintenance operations.

The Publisher undertakes to ensure an annual availability of the Application of 95%, excluding cases of force majeure, incidents attributable to third parties (notably telecom operators or hosting providers) or to the Client and its Users, and excluding planned maintenance interventions.

Planned maintenance operations that may affect the accessibility of the Application will, as far as possible, be notified to the Client in advance by any useful means, within a reasonable time before they are carried out.

In the event of unplanned unavailability significantly affecting access to the Services, the Publisher will use all reasonable means to restore access as soon as possible. The professional Client acknowledges that these commitments constitute an obligation of means and not an obligation of result.

7. Intellectual property

Publisher's rights to the Application and Services

The Publisher is the sole owner of all intellectual property rights relating to the Application and the Services, including but not limited to visual interfaces, interactive elements, editorial content, images and photographs, software and databases, graphics, design, computer code, trademarks, trade names, and distinctive signs, as well as all other content presented on the Application. These elements are protected by all applicable intellectual property rights, including copyright, related rights, the sui generis right of the database producer, trademark law, design rights, and applicable international conventions. The Client agrees, and guarantees that its Users agree, to respect these rights. Any unauthorized reproduction, use, or exploitation of these elements exposes the author to civil and/or criminal proceedings. In this regard, and under penalty of civil and/or criminal proceedings, unless expressly agreed by the Publisher, you agree in particular not to:

• reproduce, represent, modify, publish, or adapt all elements present on the Application and the Services on any medium whatsoever, by any means whatsoever;
• carry out any attack on the computerized systems implemented for the provision of the Services, including any intrusion or attempted intrusion;
• perform any reverse engineering of all or part of the Services, including, but not limited to, correcting any errors, as only the Publisher is authorized to perform any such corrections;
• distribute and/or disseminate copies of all or part of the Services;
• remove or delete any proprietary notice and/or information present on all or part of the Services;
• resell, rent, lease, or transfer the Services to a third party in any way.

Any use of the information, data, and elements of the Application and the Services, for any purpose other than direct consultation on the Application by you, is strictly prohibited without the prior written authorization of the Publisher.

Licenses granted by the Client to the Publisher

You retain ownership of your Client Content when you publish it on the Application.

The Client retains ownership of the Content they publish on the Application. In order to enable the Publisher to provide the Services, the Client grants the Publisher a non-exclusive, royalty-free license to host, store, reproduce, and display the Content, solely for the purposes of operating the Services and making them available to the Client and Users authorized to access them, for the duration of the Contract. This license terminates upon the deletion of the Content by the Client or upon termination of the Contract, subject to temporary technical copies necessary for the operation of the Services and backups, as well as legal retention obligations. However, the Publisher reserves the right to retain and use the Content in an anonymized form for the purpose of improving the Services and the Application.

Submissions

In the event that you submit Submissions to the Publisher, these shall not be subject to any confidentiality obligation on the part of the Publisher. The Publisher reserves the right to freely use these Submissions, particularly for the purpose of improving the Services, without any obligation to respond to them and without financial compensation, without prejudice to the other provisions of these General Terms and Conditions of Use and Sale.

8. Payment and billing

8.1 Access to paid Services is subject to payment of the price indicated at the time of the Order. Prices are expressed in euros, inclusive of all taxes for consumer Clients. They include value-added tax or any equivalent tax applicable according to the Client's country of residence; the amount of taxes may therefore vary depending on this country and is indicated before the Order is confirmed.

8.2 The subscription price is payable in advance using the payment methods offered at the time of the Order (notably credit card). For recurring subscriptions, the price is automatically charged at each payment interval to the payment method saved by the Client, who agrees to keep it valid. An invoice or receipt is made available to the Client for each payment.

8.3 In the event of non-payment by the due date, the Publisher may, after notifying the Client at the email address provided by the Client and receiving no response, suspend access to the Services and, if the situation is not rectified, terminate the Contract. For professional Clients, any late payment shall automatically incur late payment interest at a rate equal to three (3) times the legal interest rate, as well as a fixed indemnity of forty (40) euros for recovery costs as provided for by the Commercial Code.

8.4 The Publisher may adjust its rates, excluding the Indexed Components referred to in Article 8.5, to index them against the Syntec index once a year on the anniversary of the Contract, by applying the following formula: P = Po S / So, where:

P = new price

Po = initial price

S = latest Syntec index published at the billing date

So = last Syntec index published on the date of acceptance of this Contract.

In any event, the price applicable to the Client is the one in effect at the time of the Order and remains guaranteed until the end of the current subscription period. Any price change is communicated to the Client at least [thirty (30) days] before it takes effect and only applies from the next renewal. A Client who does not accept the new rate may terminate the Contract without charge before the deadline; they will continue to benefit from the Services at the initial price until the end of the period already paid for.

8.5 Components indexed to supplier rates.Certain Services rely on resources provided by third-party providers whose costs vary: (i) Content storage (hereinafter the "Storage Component") and (ii) artificial intelligence request processing, measured in tokens (hereinafter the "AI Component"), together the "Indexed Components." The portion of the price corresponding to each Indexed Component, as well as the reference supplier and resource selected, are indicated at the time of the Order and in the price list accessible [here].

The price of each Indexed Component shall change, both upward and downward, in proportion to the variation in the reference supplier's unit public rate for the resource concerned (notably the price per gigabyte stored or per million tokens), according to the following formula: C = Co × F / Fo, in which:

C = new price of the Indexed Component.

Co = price of the Indexed Component on the date of the Order or the last revision.

F = unit public rate of the reference supplier on the date of the revision.

Fo = unit public rate of the reference supplier on the date of the Order or the last revision.

Rates expressed in foreign currency are converted into euros at the reference rate published by the European Central Bank on the date in question. A revision only occurs if the variation in the supplier's rate reaches at least [five (5) %] since the last revision. Decreases are passed on under the same conditions as increases.

In the event of a change of supplier or reference resource (notably an artificial intelligence model), this change alone cannot lead to an increase in the price of the Indexed Components; the rate of the new reference resource shall then be used as Fo for subsequent revisions.

Any revision shall be notified to the Client under the conditions provided in Article 8.4, indicating the previous reference rate and the new rate, as well as the calculation details. The price of the Indexed Components in effect remains guaranteed until the end of the current subscription period, and a Client who does not accept the revision may terminate the Contract without charge under the conditions provided in Article 8.4.

9. Third-party content and associated services (hyperlinks)

The Application may contain hyperlinks to third-party services. The Client is informed that these sites and services are the sole responsibility of their operators. The Publisher exercises no control over their content and cannot be held responsible for their quality, accuracy, or availability. The Client accesses them at their own risk and is invited to consult the terms and conditions applicable to each third-party site or service.

Mapping.The maps and address search features offered in the Application are based on OpenStreetMap data, © OpenStreetMap contributors, available under the Open Database License (ODbL). No continuous or background geolocation is performed: a position or address is only recorded when the User chooses to share it. The Client undertakes, and guarantees that its Users undertake, to share a third party's position or address only with their consent.

10. Reporting and complaint procedure for illicit Content (DSA)

Publisher's status as a host

The Client is informed that the Publisher acts, with regard to Content published by Clients and Users on the Application, as a host within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004, for Trust in the Digital Economy (LCEN) and Regulation (EU) 2022/2065 (DSA). The Publisher exercises no prior control over such Content and is not responsible for it.

In this capacity, when manifestly illicit Content is reported to it, the Publisher acts promptly to remove it or disable access to it, under the conditions provided by law.

Reporting illicit content

Such content must be reported via the Report button available in the Application, directly from the relevant Content (or, for individuals without access to the Application, at [cornerhip@mdynamique.com]), in accordance with the requirements of Article 16 of the DSA. To enable the Publisher to gain actual knowledge of the disputed content and assess its potential illicit nature, the Report must include, in particular:

• a sufficiently substantiated explanation of the reasons why the Client considers the content in question to be illicit;
• precise indication of the electronic location of the reported content. When the Report is made via the dedicated button, this location is transmitted automatically.

The Client undertakes, and guarantees that its Users undertake, to submit any Report in good faith, attesting to the accuracy of the information provided.

Upon receipt of a valid Report, the Publisher undertakes to acknowledge receipt and to process the Report diligently, non-arbitrarily, and objectively. The Publisher further undertakes to inform the concerned Clients/Users (the author of the Report and the author of the Content deemed illicit) of its decision, indicating the reasons for the decision, the available remedies, and, where applicable, whether the decision was made using automated means. However, this notification may be delayed or omitted with respect to the author of the Content when it would be likely to compromise an ongoing criminal investigation or endanger the safety of individuals.

Indeed, when the Publisher becomes aware of Content that leads it to suspect that a criminal offense involving a threat to the life or safety of one or more persons has been committed, is being committed, or is likely to be committed, the Publisher will promptly inform the competent law enforcement or judicial authorities, providing them with all available information to that effect.

Point of contact (DSA)

You, as well as the authorities of the Member States, the European Commission, and the European Board for Digital Services, may contact the Publisher in French or English at the following email address: , which is the designated point of contact in accordance with Articles 11 and 12 of the DSA.

11. Sanctions for non-compliance with the Terms and Conditions

The following constitute essential obligations incumbent upon the Client ("Essential Obligations"):

• payment of the price for the subscribed Services, where applicable;
• use of the Application and its Services in accordance with their intended purpose and the Documentation;
• compliance with the rules regarding prohibited content and conduct set out in these Terms and Conditions;
• providing accurate information when creating and using the Account.

In the event of a breach of an Essential Obligation, the Publisher may, without notice and without entitling the Client to any compensation, suspend access to the Services or terminate the Contract and/or remove or disable access to any Content related to the breach. In such cases, the Publisher shall inform the Client of the measure and its reasons as soon as possible and notify them of the available remedies.

In the event of a breach of any other obligation provided for in these Terms and Conditions, the Publisher shall send the Client a written request to remedy the breach within fifteen (15) days. If the breach is not rectified by the end of this period, the Publisher may suspend access to the Services or terminate the Contract.

12. Publisher's Liability

In providing the Application and Services, the Publisher is bound by an obligation of means, not an obligation of result. It is only liable for direct damages resulting from a proven contractual breach directly attributable to it. No information or advice provided by the Publisher, whether via the Services or otherwise, creates any obligation or warranty for the Publisher. In particular, the Publisher does not declare or warrant the absence of security flaws or interruptions affecting the Application and Services, nor the continuity, uninterrupted availability, or error-free nature of the Application and Services.

The Publisher reserves the right to temporarily suspend all or part of the Application for maintenance, improvement, security, or in the event of illicit or illegal use of the Application, including the transmission via the Application of content that violates public order or the rights of third parties, or in the event of non-payment. The Publisher will endeavor to inform Clients in advance within a reasonable timeframe, except in cases of technical emergency. In the event of a complete suspension of the Application, a message will be posted on the Publisher's website.

Indirect damages of any kind are excluded from any compensation, including but not limited to loss of profit, loss of revenue or business, loss of earnings, loss of clientele, loss of opportunity, or other similar losses, moral damages, invasion of privacy, any indirect, intangible, incidental or consequential damage, loss of data, and damages caused to third parties.

For professional Clients, the Publisher's liability for all damages combined is limited to the amount of fees paid for the Services during the twelve (12) months preceding the event giving rise to the claim. Any claim by a professional Client against the Publisher must be submitted in writing no later than one (1) year from the date the Client became aware, or should have become aware, of the facts enabling them to exercise such a claim, under penalty of forfeiture. This limitation period does not apply to consumer Clients, for whom statutory limitation periods apply.

Notwithstanding the foregoing, these provisions shall not exclude or limit the Publisher's liability in the event of fraud, gross negligence, or bodily injury.

13. Personal Data and Cookies

In the context of using the Application and the Services, the Publisher is required to process personal data concerning the Client and its Users, and to use cookies, trackers, or similar technologies on their device, depending on the methods of accessing the Services. In this capacity, the Publisher undertakes to protect the personal data processed in accordance with EU Regulation No. 2016/679, known as the "GDPR," and Law No. 78-17 of January 6, 1978, known as the "Data Protection Act." The Privacy and Cookies Policy prevails over these General Terms and Conditions of Use regarding all matters concerning the processing of personal data.

The processing operations implemented, their purposes, the corresponding legal bases, the retention periods, and the rights you have under the GDPR and the Data Protection Act are described in the Privacy and Cookies Policy, accessible here and at any time from the website footer, from the consent screen upon first launch of the Application, and from the Application's privacy settings.

14. Specific Provisions for Consumer Clients

Right of Withdrawal

If you are a consumer within the meaning of the preliminary article of the Consumer Code, you have a period of fourteen (14) days from the conclusion of the Contract to exercise your right of withdrawal, without having to justify your decision, in accordance with Articles L. 221-18 et seq. of the Consumer Code. If performance has begun during the withdrawal period and you nevertheless exercise your right of withdrawal before the end of this period, you will be liable for an amount proportional to the Services provided up to the date of your withdrawal.

However, in accordance with Article L. 221-28(13°) of the Consumer Code, if you expressly request that the performance of the Services begins before the expiry of this period, and you expressly acknowledge that you waive your right of withdrawal upon conclusion of the Contract, you will no longer be able to exercise this right.

Legal Guarantee of Conformity

When the consumer acts under the legal guarantee of conformity within the framework of a contract for the continuous supply of a digital service:

• They benefit from a two (2) year warranty period from the date the digital service is made available to take action;
• During the first year, they are only required to demonstrate the existence of the lack of conformity and not the date of its appearance;
• They may obtain the conformity of the digital service free of charge and as soon as possible.

When bringing the service into conformity is impossible, delayed, causes a major inconvenience for the Client, or when the defect is serious, the Client may obtain a price reduction or the termination of the contract, under the conditions provided for in Articles L. 224-25-1 et seq. of the Consumer Code. In the event of termination, the Client will be reimbursed under the conditions provided for by law.

Updates

In accordance with Articles L. 224-25-25 and L. 224-25-26 of the Consumer Code, the Publisher undertakes to inform the Client of available updates, including security updates, necessary to maintain the conformity of the Services.

For updates not necessary to maintain conformity, the Publisher will inform the Client in advance in a clear and understandable manner, specifying their nature and the date of implementation. The Client has the right to refuse this update. In such a case, the contract will be automatically terminated within a maximum period of thirty (30) days, unless the update has only a minor impact on the Client.

15. Customer Support

For any questions or to report a malfunction, the User may contact the Publisher by email or via the [Help] section of the Application. The Publisher strives to process requests as quickly as possible and to restore any interrupted service in accordance with the "Legal Guarantee of Conformity" article applicable to consumer Clients.

16. Termination of the Contract

16.1 In accordance with Article L. 215-1 of the Consumer Code, the Publisher informs the consumer Client in writing, no earlier than three (3) months and no later than one (1) month before the end of the current period, of the deadline by which they may opt out of renewal. If this information is not sent within this period, the Client may terminate the Contract free of charge at any time from the renewal date, under the conditions provided for in Article L. 215-1.

16.2 The Client may terminate the Contract at any time at the end of the current period by opting out of its renewal. Termination is performed online via a feature accessible from their Client Account, using procedures as simple as those for subscription, in accordance with Article L. 215-1-1 of the Consumer Code. Termination takes effect at the end of the current subscription period; sums already paid for this period remain due, and the Client retains access to the Services until its end.

16.3 The Publisher may terminate the Contract in the cases and according to the procedures provided for in the "Sanctions for Non-Compliance with T&Cs" and "Revision of the T&Cs" articles, as well as in the event of the discontinuation of the Services, subject to reasonable notice. When termination occurs for a reason not attributable to the Client, sums paid for the period not provided will be refunded on a pro-rata basis.

17. Effects of Contract Termination

The end of the Contract results in the cessation of access to the Services, the deletion of access granted to Users attached to the Client where applicable, and the deletion of data in accordance with the "Reversibility and Data Deletion" article of these T&Cs.

18. Reversibility and Data Deletion

During the term of the Contract and for a period of 30 days following its termination, the Client may export their Content from the Application in a structured, commonly used format.

End of coverage.When a User loses their coverage, particularly in the event of withdrawal by the Client, the end of the relationship between them, or the end of the Client's Contract, their access to the Services is suspended. Content in professional spaces remains attached to the Client who administers them. To regain access to their personal spaces, the User must subscribe to a subscription as a Client themselves. If no subscription is made within ninety (90) days of losing coverage, the data in their personal spaces will be permanently deleted. The User is informed of the loss of coverage and the scheduled deletion date, and again at least [fifteen (15)] days before it occurs. During this period, they may exercise their rights regarding their personal data, including their right to portability, under the conditions of the Privacy Policy.

Upon the expiration of this period, the Publisher will proceed to delete the Content and associated data, subject to the retention periods provided by law and the Privacy and Cookie Policy.

19. Revision of the T&Cs

The Publisher reserves the right to modify these T&Cs, particularly to adapt to any legal, regulatory, or technical changes. The Client is informed of any modification before it comes into effect, by any means, including email or a notification on the Application.

Modifications related to the technical evolution of the Services, provided they do not result in a price increase or a reduction in the quality of the Services, are applicable after the Client has been informed. Continued use of the Services constitutes acceptance of the modified T&Cs.

In the event of a substantial modification to the T&Cs, particularly regarding price, duration, or essential characteristics of the Services, the Client will be informed at least thirty (30) days before they come into effect. These modifications apply only after the Client's express acceptance. In the absence of acceptance, the Client may terminate the Contract without charge; any sums paid for the period not provided will be refunded on a pro-rata basis. Modifications concerning the price of the Services are governed by the "Payment and Billing" article of these T&Cs, which provides that any price changes are only applicable upon subscription renewal. The T&Cs available online prevail over any previous version, whether printed or otherwise.

Changes to the T&Cs are brought to the attention of each User. When express acceptance is required, it is obtained from each User upon their next login; in the absence of acceptance, the concerned User's access to the Services may be suspended.

20. General Provisions

Duration of the T&Cs

These T&Cs are enforceable throughout the duration of the use of the Application and until new T&Cs replace these.

Severability

If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to any law, regulation, or final decision of a competent court, the remaining provisions shall remain in full force and effect.

The Parties agree to replace the provision declared null and void with a new stipulation that most closely approximates the content and balance of the original provision.

Survival of Provisions

All provisions of these T&Cs which, by their nature, are intended to survive shall continue to have effect after their expiration or termination, in particular the provisions relating to intellectual property, warranties, limitations of liability, and evidentiary agreements.

Non-Waiver

The fact that either Party does not, at any given time, assert any of the obligations referred to in these T&Cs and/or any breach by the other Party of any of said obligations shall not be interpreted as a waiver of the right to assert these same obligations at a later date.

Force Majeure

Neither Party shall be held liable for the non-performance or improper performance of its obligations in the event of a force majeure event, as defined by Article 1218 of the Civil Code, which is any event beyond their control that could not have been reasonably foreseen and whose effects cannot be avoided, making the performance of the obligations under the T&Cs impossible. In the event of a force majeure event, access to the Application will be suspended until the force majeure event has disappeared, ended, or ceased.

Use of Subcontractors

The Company may use subcontractors to perform the Services, who are subject to the same obligations as the Company in the course of their work. Nevertheless, the Company remains solely responsible to the Client for the proper performance of the Services. The list of subcontractors authorized to process personal data is available in the Privacy Policy.

Assignability

These T&Cs may not be assigned by the Client to a third party without the prior written consent of the Publisher. The Publisher reserves the right to assign all or part of these T&Cs to any third party of its choice, particularly in the event of a merger, acquisition, or sale of business, provided that the Client is informed in advance.

Evidentiary Agreements

Records, computer data, connection logs, timestamps, and authentication elements generated by the Application in the course of its use constitute admissible evidence that may be relied upon by the Parties, in the same manner as any written document, in accordance with the provisions of the Civil Code. These elements may be produced by the Publisher as evidence in the event of a dispute.

Governing Law, Disputes, and Jurisdiction

The Contract and your relationship with the Publisher are governed by French law. However, if you are a consumer residing in another country, this choice does not deprive you of the protection afforded by the mandatory provisions of the law of your country of residence.

In the event of any difficulty concerning the validity, performance, or interpretation of the Contract, the Parties agree to seek an amicable solution before bringing the matter before any competent court. To this end, you agree to contact the Publisher by mail sent to the Publisher's registered office.

In accordance with Article L. 612-1 of the French Consumer Code, if you are a consumer as defined by the preliminary article of the Consumer Code, you have the right to use a consumer mediator free of charge for the amicable resolution of any dispute with the Publisher, after having first attempted to resolve the dispute directly with the Publisher via a written complaint.

The mediator proposed by the Publisher is SAS Médiation Solution, accessible electronically at the following address: , or by mail: 222 Chemin de la Bergerie, 01800 St Jean de Niost, France.

Mediation is not mandatory; you, as a consumer Client, remain free to withdraw from the process at any time and to bring the matter before the competent courts.

In the absence of an amicable resolution or in the event of a failed mediation, the dispute may be brought before the competent courts.

If no amicable agreement is reached within three (3) months of notification of the dispute by registered letter with acknowledgment of receipt, the courts of Fort-de-France shall have exclusive jurisdiction to handle said dispute, regardless of the place of performance or the defendant's domicile, unless otherwise expressly agreed between the Parties. This attribution of jurisdiction does not apply to consumer Clients, who retain the right to bring proceedings before the court of their place of residence or any other court with jurisdiction under the law.