GENERAL CONDITIONS OF SALE AND USE

Article #1: Definitions

These general conditions of sale apply without restriction or reservation to all online subscription sales offered by TUNDER, a simplified joint stock company with a capital of 400 euros, whose head office is located 9 rue des Colonnes — 75002 Paris and registered with the Paris Trade and Companies Register under number 918 468 414 (hereinafter, the “Seller” or “TUNDER”).
These subscriptions are presented on the website https://tunder.co (hereinafter, the “Site”) but the subscription is made on the “Tunder — Cash Register” application, available on Google Play and on the App Store (hereinafter, the “Platform”). It is specified that all the functionalities of the subscriptions sold are accessible directly on the Platform, the Site being a showcase site.

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TUNDER can be contacted at the following contact details, in particular for any complaint:
Postal address: 9 rue des Colonnes — 75002 Paris
Email: contact@tunder.co

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The Platform allows professional Internet users (hereinafter, the “Subscribers”) to subscribe to a subscription allowing them to have a service similar to an offline cash register offered by the Seller (hereinafter, the “Subscription”).
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It is specified that the Seller offers various Subscription formulas.
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These general terms and conditions define the terms and conditions for the online sale of Subscriptions and define the rights and obligations of the parties in this context (hereinafter the “CGV”).
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They are accessible and printable at any time by a link on the Platform. The applicable version of the Terms and Conditions is the one available online on the Platform on the date of the Subscriber's order.

2. Application of the CGV

The GTC prevail over any other general or special conditions not expressly approved by TUNDER.

They may be supplemented if necessary by conditions of use specific to certain services and/or Subscriptions offered on the Platform, which complement the CGV and, in the event of contradiction, prevail over the latter.

The fact that TUNDER does not invoke any of the provisions of the GTC at a given time cannot be interpreted as a waiver of the right to rely on any of these conditions at a later date.

The nullity of a contractual clause does not lead to the nullity of the GTC. The temporary or permanent non-application of one or more clauses of the GTC by TUNDER does not constitute a waiver on its part of the other clauses of the GTC which continue to produce their effects.

3. Legal capacity and acceptance of the terms and conditions‍

‍3.1 Legal capacity

The Platform is accessible:

• to any natural person with full legal capacity to engage under the CGV. A natural person who does not have full legal capacity can access the Platform only with the agreement of his legal representative.
• to any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.

‍3.2 Acceptance of the general conditions

Acceptance of the Terms and Conditions by the Subscriber is materialized by registration on the Platform. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. Subscribers who do not agree to be bound by the Terms and Conditions must not place an order on the Platform.

‍4. Characteristics of Subscriptions

Before ordering online, the Subscriber can read, on the Site, the characteristics of each Subscription that he wishes to order, in particular:

• functionalities accessible thanks to the chosen Subscription package;
• the number of devices that can be configured with the Platform;
• the duration of the commitment (monthly or annual);
• the price of the Subscription.

‍5. Order‍

‍5.1 Placing an order

To place an order, the Subscriber must download the Platform, register in accordance with the general conditions of use of the Platform available in clicking here, select the Subscription and proceed with the payment of the first monthly or annual installment.

The order is deemed to have been received by TUNDER when it is definitively confirmed by the Subscriber.

It is specified that during the Subscription, the Subscriber may increase the number of devices that can be configured with the Platform directly on the Platform. As such, he acknowledges that he will be subject to an increase in payment deadlines, in accordance with the prices displayed on the Platform.

‍5.2 Order confirmation

At the end of his order, the Subscriber receives by email a confirmation of the order which summarizes the elements of the order.

The Subscriber must ensure that the contact details provided are correct and that they allow him to receive the email concerned. If it is not received, the Subscriber must contact TUNDER using the contact details mentioned in article 1.

TUNDER recommends that the Subscriber keep the information contained in the order confirmation.

‍6. Absence of right of withdrawal

As the Subscriber is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.
Thus, the payment made when subscribing to the Subscription by the Subscriber cannot be subject to any refund.

‍7. Absence of right of withdrawal

‍7.1 Price

The selling prices of Subscriptions are displayed on the Platform.

They are indicated according to the currency applicable to the Subscriber concerned, including all taxes (applicable VAT, if applicable, and other applicable taxes).

Subscriptions are subject to monthly or annual payment, depending on the Subscriber's choice.

TUNDER reserves the right, at its own discretion and in accordance with terms and conditions of which it will be the sole judge, to offer promotional offers or price reductions.

The applicable price is the one displayed on the Application at the time the Subscriber's order is registered.

In the event that the Seller wishes to change the price of the Subscription taken out by the Subscriber and if it is still in progress, the Seller undertakes to notify the Subscriber at least one (1) month before the new price is applied. In the absence of cancellation at least fifteen (15) days before the application of the new price, the Subscriber is deemed to have accepted the new Subscription price.‍

7.2 Payment terms

The first installment of the Subscription is due at the time of order.

The Subscriber acknowledges that the following deadlines will be paid by automatic debits from the bank card used when registering his order, on the monthly or annual anniversary date of registration of his order.

In this respect, the Subscriber undertakes to notify the Seller, as soon as possible, in the event that his bank card is no longer valid and to provide him with the new banking information necessary for the abovementioned automatic debit. ‍

7.3 Billing

Invoices are sent monthly or annually to the Subscriber by email. They are payable upon receipt. ‍

8. Activating the Subscription and providing the Platform ‍

8.1 Terms of provision

The Subscriber acknowledges that to fully benefit from the Subscription, he must use the Platform. He therefore declares that he has taken all necessary measures to be in a position to use it, especially from a technical and practical point of view. Thus, the Subscriber chooses his own operators and Internet access providers. In this respect, it assumes full responsibility for this choice and for any failure of these choices.

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This provision is made by remote access, in order to allow the processing on the Seller's server of the data transmitted by the Subscriber. Since the linked software remains on the Seller's server, software supports are not delivered, the provision being made by opening a connection to the Seller's server and providing his identifiers to the Subscriber.

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As soon as the order is validated by the Subscriber, the Seller provides the Subscriber with the functionalities of the Platform. These functionalities are accessible by the Subscriber at any time, except for intervention and maintenance periods.

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By these Terms and Conditions, the Subscriber has a right to use the functionalities of the Platform, personal, non-exclusive, non-transferable and limited to the duration of the Subscription.

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In particular, it is strictly forbidden for the Subscriber to:

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• to reproduce or represent the Platform or its documentation in any form, or to alter or mask in any way the brands, distinctive signs, copyright notices affixed to the Platform;
• to intervene on the Platform in any way and for any reason whatsoever, including to correct errors, with evolutionary and corrective maintenance being provided by the Seller;
• to modify or seek to circumvent any protection device on the Platform.

8.2 Identification

To access the Platform, the Subscriber identifies himself through the third party Subscription download platform, which guarantees his identity by using a username and password.

As such, any access to the Platform is irrebuttably deemed to constitute a use of the Platform by the Subscriber, which the Subscriber declares to expressly accept. ‍

8.3 Features

The Subscriber acknowledges that TUNDER's mission is limited to the provision of the Platform and its functionalities and that TUNDER has no obligation to provide advice, in particular in accounting matters.

The Subscriber's objectives are unique to him and depend exclusively on his own involvement and investment in the use of the functionalities.

9. Platform maintenance

9.1 Maintenance

The Seller will make it his personal business to ensure corrective maintenance interventions so as not to prevent or hinder access to the Platform. He is also obliged to make the Platform the necessary changes so that it remains constantly in line with market standards and the state of the art. However, in the event that the Subscriber does not collaborate with the Seller to resolve anomalies, the Seller cannot be held liable in this respect.

Access to the Platform may be suspended due to maintenance interventions necessary for the proper functioning of the Platform.

10. Duration of Subscriptions

10.1 Duration

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From the date the order is placed, the Subscription continues for successive periods:

• one (1) month for Monthly Subscriptions;
• one (1) year for annual Subscriptions;

renewable tacitly, unless cancelled early under the conditions provided for herein.

10.2 Termination by the Subscriber

The Subscriber may cancel his Subscription for convenience directly on the Platform.

10.2.1 Monthly subscription

The cancellation will be effective the following month. Any month started is due, no refunds will be made.

10.2.2 Annual subscription

The cancellation will be effective the following year. Any year started is due, no refunds will be made.

10.3 Suspension and termination by the Seller

‍10.3.1 Suspension

The Seller may suspend the Subscriber's Subscriber's Subscription without delay or formalities if the Subscriber does not make payment of the amounts due upon receipt of the invoices issued by the Seller.

The Seller reserves the right to suspend the Subscription, without notice, in case of:

• Risk to the stability and/or security of the Platform or any Seller's system and environment;
• Request from a competent administrative or judicial authority;
• Necessity imposed by compliance with the law and its obligations.

‍10.3.2 Termination

If the Seller finds that the Subscriber violates these and/or the general conditions of use, the Seller may cancel the Subscriber's Subscriber's Subscription within fourteen (14) days following a formal notice sent by any written means, which has remained unsuccessful, to have to remedy the breach (s) of contract (s).

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In the event that the breach cannot be corrected within fourteen (14) days, the cancellation takes effect on the date on which the Seller notifies the Subscriber of said termination.

10.4 Change of Subscription

It is specified that the conditions for changing Subscriptions, whether in terms of functionalities or duration, are specified in the general conditions of use of the Platform's download platforms.

The Subscriber thus acknowledges that he must refer to the general conditions of use of the download platform that he used to download the Platform, to find out about the above conditions which are independent of the will of the Seller.

11. Common obligations

The parties agree to perform their respective obligations under the T&Cs in good faith.

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Each of the parties undertakes to ensure compliance with all the provisions of the GTC by all of its agents, employees and collaborators or by any person acting for it and is committed to the respect of its rights and obligations as stipulated in the GCS by its agents, employees and collaborators or by any person acting for it.

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The parties agree to collaborate in the execution of their respective obligations and agree to exchange information in order to contribute to the success of the GTC to enable the Seller to ensure its duty of advice to the Subscriber in the most satisfactory manner possible.

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As such, the parties will inform themselves of any difficulties they may encounter based on their experience, as and when the T&Cs are executed in order to allow them to be taken into account as quickly as possible, thus contributing to the success of the whole.

12. Subscriber Obligations

Subscribers are solely responsible for the choice and use they make of Subscriptions. It is their responsibility to check the suitability of the Subscriptions to their specific needs and constraints prior to the purchase of said Subscriptions.

It is the responsibility of Subscribers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

The Subscriber guarantees the Seller against any complaints, claims, actions and/or claims of any kind that he may suffer as a result of the violation, by the Subscriber, of any of his obligations under the Terms and Conditions. The Subscriber undertakes to pay the Seller all costs, charges and/or penalties that he may have to bear as a result.

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It is the responsibility of the Subscriber to ensure under his responsibility the accuracy and completeness of the information and documentation transmitted.

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The Subscriber also guarantees that he complies with all the law applicable to his activity.

Consequently, the Subscriber undertakes to indemnify TUNDER for any conviction that may be pronounced against him, including the costs incurred in his defense, due to any infringement of the rights of a third party, as a result of the use of the Subscription by the Subscriber.

13. TUNDER's obligations and responsibilities

The Platform is accessible to all users of the Internet network in principle 24/24, 7/7. The Seller does not guarantee that the Platform will be free of anomalies, errors or bugs, or that the Platform will function without failure or interruption. Nor can the Seller be held responsible for problems with data transmission, connection or network unavailability.

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TUNDER undertakes to carry out regular checks in order to verify the functioning and accessibility of the Platform. As such, TUNDER reserves the right to temporarily interrupt access to the Platform for maintenance reasons. Likewise, TUNDER cannot be held responsible for temporary difficulties or impossibilities of access to the Platform which would be caused by circumstances external to it, force majeure, or which would be due to disturbances in telecommunications networks.

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TUNDER's liability is excluded in the event of damage, direct or indirect, affecting property or persons, suffered by the Subscriber or a third party, and resulting from the following cases:

• Negligence or fault committed by the Subscriber or by a third party;
• Any use of Subscriptions under clearly non-compliant conditions.

TUNDER cannot be held responsible for the non-execution or delay in the execution of orders due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those that are usually retained by the case law of French courts: exceptional weather, natural disasters, natural disasters, fires and floods, lightning, attacks, cases of breakage or blocking of telecommunications networks, damage caused by French courts: exceptional weather, natural disasters, fires and floods, lightning, attacks, cases of breakage or blocking of telecommunications networks, obsessed by viruses for which the security measures existing on the market do not allow them to be eradicated, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying the GCS.

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In any event, the liability that may be incurred by the Seller hereunder may only relate to direct damage suffered by the Subscriber. The Seller's liability may also not exceed the amounts collected by him in respect of the during the last three (3) months preceding the event giving rise to liability.

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The use of Subscriptions made by the Subscriber is his sole responsibility. Under no circumstances can the Seller be held liable on the basis of decisions taken by the Subscriber based on information from the Subscription. It is the responsibility of the Subscriber to carry out the necessary and adequate verifications according to the challenge of the use that he will make of the Subscriptions.

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The Subscriber acknowledges that the Seller will not incur any liability for any loss of profits, commercial disturbances, requests that the Subscriber may suffer, requests or claims made against the Subscriber and emanating from any third party.

14. Intellectual property

14.1 Subscriber Intellectual Property Rights

The Subscriber is the sole owner of all elements, materials, documents, documents, documents, information and files provided to the Seller in connection with the use of the Subscription functionalities.

The Seller prohibits any modification of the data, files, information, documents sent by the Subscriber without his prior written consent.

Upon termination of the Subscription for any reason whatsoever, the Seller will return to the Subscriber all of the Subscriber's data, files and documents that have been thus entrusted to him for the purposes of carrying out his obligations under the CGV, and will destroy any copy that he may have made.

14.2 Ownership of the Platform

The Seller is and remains the owner of the intellectual property rights on the Platform, these Terms and Conditions not transferring intellectual property rights to the benefit of the Subscriber.

15. Confidentiality and communication

Information, of any nature whatsoever, communicated by one party to the other party in connection with the execution of these terms and conditions is considered confidential and must not be disclosed to a third party, except with the prior written consent of the party who communicated it.

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As an exception to the above, the Subscriber authorizes the Seller to use his identification elements, strictly as part of the promotion of his activity, in particular on the Internet and/or on his social networks.

16. Personal data

When the Subscriber places an order on the Platform, the Subscriber's personal data is collected by TUNDER under the conditions described in the privacy policy available here.

17. Changes

TUNDER reserves the right to modify these GTC at any time. In this case, the applicable conditions will be those in force on the date of the Subscriber's order.

18. Language

In the event of a translation of the GTC into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute over the meaning of a term or a provision.

19. Subcontracting

The Subscriber authorizes the Seller to subcontract all or part of the services included in the Subscription.

20. Partial nullity - Non-renunciation

The nullity of a contractual clause does not lead to the nullity of the GTC. The fact that the Seller does not rely on any of the provisions of the GTC at a given time cannot constitute a waiver of relying on such a stipulation at a later date.

21. Applicable law and attribution of jurisdiction

The CGV are subject to French law.

In the absence of an amicable resolution, any dispute relating to the interpretation and execution of the GTC will be brought before the Paris Commercial Court.

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‍1. Scope of application

These general conditions of use apply without restriction or reservation to any use of the website. https://tunder.co (hereinafter, the” Site ”) and the “Tunder — Cash Register” application, available on Google Play and on the App Store (hereinafter, the” Platform ”) published by TUNDER, a simplified joint stock company with a capital of 400 euros, whose head office is located at 9 rue des Colonnes — 75002 Paris and registered with the Paris Trade and Companies Register under number 918 468 414 (hereinafter,” TUNDER ”).

TUNDER can be contacted at the following contact details, in particular for any complaint:

• Postal address: 9 rue des Colonnes — 75002 Paris
• Email: contact@tunder.co

In particular, the Site allows professional Internet users (hereinafter, the “Users”) to understand the offers offered by TUNDER and the functionalities of the Platform. For its part, the Platform allows Users to have access to a service similar to an offline cash register offered by the Seller.

It is specified that not all Users have access to the same functionalities of the Platform (hereinafter, the” Features ”). These depend on the formula chosen by the User (free account, subscriptions), based on the information provided by TUNDER on the Platform. If the User subscribes to a subscription, he undertakes to respect the accepted general conditions of sale (hereinafter, the” CGV ”).

To be able to benefit from free or paid Features, Users acknowledge that they are obliged to respect these general conditions of use.

These general conditions define the terms and conditions of use of the Site and the Platform (hereinafter the “” CGU ”) by any User.

They are accessible and printable at any time by a direct link at the bottom of the page of the Site.

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‍2. Application of the CGU

The CGU prevail over any other general or special conditions not expressly approved by TUNDER.

The fact that TUNDER does not invoke any of the provisions of the T&Cs at a given time cannot be interpreted as a waiver of the right to rely on any of these provisions at a later date.

The nullity of a contractual clause does not lead to the nullity of the T&Cs. The temporary or permanent non-application of one or more clauses of the CGU by TUNDER does not constitute a waiver on its part of the other clauses of the CGU which continue to produce their effects.

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3. Acceptance and modification of the CGU

Acceptance of the Terms by the User is materialized by registration on the Platform. This acceptance can only be full and complete. Any acceptance subject to reservation is considered null and void. Users who do not agree to be bound by the general conditions of use must not benefit from the Features.

TUNDER reserves the right, at any time, to refuse access to the Platform and the Features to any User who does not comply with the CGU or the CGV.

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The User is informed that the CGU may be modified at any time, unilaterally by TUNDER in order in particular to comply with any legal, regulatory, jurisprudential, editorial and/or technical developments.

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Any changes made by TUNDER to the CGU are deemed to have been accepted without reservation by any User who accesses the Site and the Platform after such posting.

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TUNDER undertakes to inform the User of the changes made to the Terms by email before said modification comes into force, as well as to inform the User of the date of entry into force of the new T&Cs.

‍4. Description of the functionalities of the Site

4.1 Blog

TUNDER provides Users with a Blog for retailers who want to learn how to better manage their business. Articles are published regularly.

4.2 Features

Any User can:

• Learn about the services offered by TUNDER;
• Learn about the functionalities of the Platform, according to the formulas chosen;
• Be sent to a link allowing him to download the Platform;
• Be referred to links allowing him to buy equipment related to his activity and the management of his cash register;
• Contact TUNDER;
• Learn about TUNDER (customer cases, legal documents, news, etc.).

‍5. Description of the Platform Features

5.1 Overview of Features

The Features are described on the Platform. It is specified that the Site provides a presentation that is not exhaustive. Thus, in the event of a contradiction between what is mentioned on the Platform and what is mentioned on the Site, the information provided on the Platform is authentic.

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5.2 Enrollment

Access to the Features requires the User to register on the Platform by completing the form provided for this purpose.

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In all cases, the User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

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Registration automatically leads to the opening of an account in the name of the User (hereinafter, the” Account ”), giving him access to a personal space (hereinafter, the” Personal space ”) which allows it to manage the Features in a form and using the technical means that TUNDER deems most appropriate.

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The User guarantees that all the information he gives in the registration form is accurate, up to date and truthful and is not deceptive.

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He undertakes to update this information in his Personal Space in the event of changes, so that they always correspond to the above criteria.

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The User is informed and accepts that the information entered for the purpose of creating or updating his Account constitutes proof of his identity. The information entered by the User is binding upon validation.

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The User can access their Personal Space at any time after identifying themselves using their login ID and password.

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The User undertakes to personally use his Account and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility for it.

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He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using them being deemed to have been made by the User. The user must immediately contact TUNDER at the contact details mentioned in article 1 hereof if he notices that his Account has been used without his knowledge. It recognizes that TUNDER has the right to take all appropriate measures in such cases.

5.3 Suspension of access

TUNDER may suspend a User's access to the Platform if the User does not comply with the CGU or the CGV, if applicable.

If the User wishes, he will always be able to clarify the facts or circumstances that led to the suspension.

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If following this discussion, TUNDER determines that suspension is not an appropriate solution, TUNDER will restore the User's access to the Platform.

5.4 Deleting access

In the event of a violation by the User of its obligations under the T&Cs or the CGU, TUNDER may remove access to the User's Features, fourteen (14) days after an unsuccessful formal notice by email to have to remedy the breach (s) of contract.

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Deletion may be immediate and without notice in the following cases:

• The User seriously, seriously or repeatedly breaches these obligations and this breach is not likely to be corrected or is not corrected within fourteen (14) days following the notification sent to him;
• TUNDER is bound by a legal or regulatory obligation to delete the User's account.

As such, the User is informed and acknowledges that all data accessible on the Platform will be deleted. It is up to him to make a backup of it. TUNDER cannot be held responsible.

5.5 Unsubscribing the User

The User may unsubscribe from the Platform at any time, by sending a request to this effect to TUNDER by email, at the contact details mentioned in article 1.

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Unsubscription is effective within a maximum of 7 (seven) days from this request. It results in the automatic deletion of the Account.

‍6. Conditions of access to the Site and the Platform

The Site/Platform is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except interruption, scheduled or not, by TUNDER or its service providers, for the needs of its maintenance and/or security or in case of force majeure or in case of force majeure or update of the Site/Platform. TUNDER cannot be held responsible for any damage, regardless of its nature, resulting from the unavailability of the Site/Platform.

TUNDER does not guarantee that the Site/Platform will be free of anomalies, errors or bugs, or that the Site/Platform will function without failures or interruptions. In this respect, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. Nor can TUNDER be held responsible for data transmission problems, connections or network unavailability.

Any User declares to be informed that he must, in order to access the Site/Platform, have access to the Internet, subscribed via a subscription with the provider of their choice, the cost of which is at their expense, and acknowledges that:

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• the reliability of the transmissions is random due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate and that, in particular, breakdowns or saturations may occur;
• it is up to him to take any measures he deems appropriate to ensure the security of his equipment and his own data, software or others, in particular against contamination by any virus and/or attempted intrusion of which he may be a victim;
• any equipment connected to the Site/Platform is and remains under the sole responsibility of the User, the responsibility of TUNDER cannot be sought for any direct or indirect damage that the User may suffer as a result.

‍7. Availability of the Platform

TUNDER is committed to implementing all the means at its disposal in order to maintain the availability of the Platform.

However, access to the Platform may be interrupted at the initiative of TUNDER or its service providers responsible for implementing and hosting the Platform for maintenance reasons or any other technical reason. In these specific cases of interruption TUNDER will endeavor to inform the user in advance and to limit the duration of the interruption. It is an obligation of means. If TUNDER is unable to meet this obligation, it cannot be held liable.

TUNDER also reserves the right to interrupt access to the Platform, without incurring any liability, in particular:

• in the event of an attack on the Platform (viruses, malicious intrusions, etc.) likely to have an impact on the capacity, security and integrity of processing or data;
• in the event of a request for suspension or restriction of access to the Platform formulated by an administrative or judicial authority or the formal notice of a third party etc...

Under no circumstances can TUNDER be held responsible for damages resulting from access to or use of the Platform. TUNDER declines, therefore, any responsibility:

• in case of imprecision, inaccuracy, error, error, alteration, omission, problem of updating time, relating to information available on the Platform;
• in case of unavailability of information;
• for any damage, direct or indirect, regardless of the causes, origins, origins, nature, consequences, caused by the access of anyone to the Platform or the impossibility of accessing it;
• in the event of the presence of viruses on the Platform. It is up to the user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating through the Platform.

TUNDER is developed in accordance with current French legislation.

As such, the User who decides to use the Platform in a territory other than France acknowledges that he is exclusively responsible for verifying the adequacy and compliance of the Platform with the legislation applicable to its use. Otherwise, TUNDER cannot be held liable in this respect.

It is specified that the User is solely responsible for the use he makes of the Platform and for the decisions he makes following the use of the Platform. He acknowledges that TUNDER does not provide legal or tax advice. As such, TUNDER cannot be held responsible. TUNDER recommends that Users contact directly a professional authorized to provide legal and tax advice if they wish to benefit from it.

‍8. Intellectual property

8.1 Content of the Site/Platform

Any use, reproduction, copy, distribution of one or more elements of the Site/Platform for other than private use is prohibited.

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All the contents and Features of the Site/Platform, including but not limited to, the domain name, texts, texts, graphics, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the navigation plan, the design and the organization of its sections, the design and organization of its sections, the design and organization of its sections, the design and organization of its sections, their titles, existing or future, are protected by intellectual property rights, owned or claimed by TUNDER, with the authorization of the holders of these rights.

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TUNDER grants to any User, on a non-exclusive, personal and non-transferable basis, the right to use the Site/Platform and the Features for their sole needs. This right is granted for the duration of the use of the Site/Platform. This grant of rights does not involve the transfer of any intellectual property rights to the benefit of the User.

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Consequently, any User is prohibited from reproducing in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraphs, as well as from altering the brands, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available by TUNDER and more generally from using or exploiting these elements.

8.2 Databases

TUNDER is the producer and owner of all or part of the databases, their structure and their contents, making up the Site.

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By accessing the Site/Platform, the User acknowledges that the data composing it is legally protected, and that he is prohibited in particular from extracting, reusing, storing, reproducing, representing or maintaining, directly or indirectly, on any medium, by any means and in any form whatsoever, by any means and in any form whatsoever, all or part, qualitatively or quantitatively substantial, of the content of the databases contained within the Site to which he accesses, as well as from extracting or repeated and systematic reuse of parts qualitatively and quantitatively non-substantial, when these operations clearly exceed the conditions of normal use.

8.3 Brands

In particular, TUNDER holds trademark rights to the term “TUNDER” and the associated logo (s) in France. Unless expressly authorized in advance, any use of this brand exposes the User to criminal and civil proceedings. Brand Number: 4890315

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‍9. User behavior

The User declares and acknowledges that all information, data, texts, texts, messages or any other content that he publishes within the Site/Platform (hereinafter, the” Contributions ”) are under his entire and sole responsibility.

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The User undertakes not to publish Contributions that are contrary to the laws and regulations in force.

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In particular, the User is prohibited from:

• to disseminate information that is contrary to public order or morality;
• to divert the purpose of the Site/Platform to carry out propaganda or proselytism, prospecting or soliciting;
• to disseminate Contributions that infringe the personality rights of third parties or that are defamatory, abusive, abusive, obscene, pornographic, offensive, violent or inciting discrimination, political, racist, racist, racist, xenophobic, sexist or homophobic violence;
• to harass another or several other Users in any way whatsoever;
• to publish information that violates legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their last name, postal and/or electronic address, telephone, photograph, sound or audiovisual recording, or to collect and store personal data relating to other Users;
• to access the Site/Platform fraudulently;
• to transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality in particular of any software, computer, or telecommunications tool;
• to provide information referring to other sites (whether by creating hypertext links or by simply providing information) whose content would be likely to violate any law or regulation in force, and in particular would be likely to infringe the rights of persons and goods and/or intellectual property rights.

The User is also prohibited from infringing the intellectual property rights of third parties.

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The User undertakes to respect the laws and regulations in force and to use only content for which he has the rights, or for which the owner of the rights has given his express consent for their distribution, or which is free of any rights.

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The User undertakes, where appropriate, to indemnify TUNDER for any damage directly or indirectly related to the non-compliance with this guarantee.

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Any User who violates the provisions of the CGU is exposed to applicable civil and criminal proceedings.

‍10. Handling complaints

TUNDER has set up a system allowing any User to bring to their attention any dispute, complaint or contact@tunder.co any publication on the Site/Platform of a litigious nature of which he is aware.

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Any User may also ask TUNDER to take appropriate measures, such as the withdrawal of content protected by intellectual property rights by bringing it to their attention by email and in which they provide the following information:

• for natural persons: their name, first name, address and telephone number;
• for legal persons: their name, company name, address, telephone number and the identity of their legal representative;
• a description of the disputed content and the reasons why the content is litigious (including in particular the mention of the legal provisions that the content would violate as well as factual justifications);
• the date on which the contested content was identified;
• the URL address of the contentious content.

‍11. Personal data, newsletter and list of objections to telephone canvassing

11.1 Personal data

When the User registers on the Site, his personal data is collected by TUNDER under the conditions described in the privacy policy available here.

11.2 Newsletter

By accepting these terms and conditions, the User acknowledges that he authorizes TUNDER to send him, at a frequency and in a form determined by it, a newsletter that may contain information relating to his activity.

He will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

11.3 Partner offers

By checking the box provided for this purpose or by expressly agreeing to this end, the User accepts that TUNDER may send them, at a frequency and in a form determined by it, partner offers related to its activity.

They may ask TUNDER to no longer send them these partner offers by clicking on the link provided for this purpose, present in each communication relating to partner offers.

‍12. Publicity

TUNDER reserves the right to insert on any page of the Site/Platform and in any communication any advertising or promotional messages in a form and under conditions of which TUNDER will be the sole judge.

‍13. Hypertext links and third party sites

TUNDER cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) that the User would access through hypertext links on the Site/Platform.

TUNDER does not assume any responsibility for the content, advertising, products and/or Features available on such third party sites and mobile applications which are reminded that they are governed by their own terms of use.

TUNDER is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the user concerned would be directed through the Site/Platform and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or Features, guarantees, declarations and any other obligations to which these third parties are bound.

14. Applicable law and attribution of jurisdiction

The CGU are governed by French law.

In the absence of an amicable resolution, any dispute relating to the interpretation and execution of the T&Cs will be brought before the Paris Commercial Court.