GENERAL CONDITIONS OF SALE AND USE

Article #1: Definitions

Hereinafter, we will designate:
- 'Site' or 'service': the site https://www.tunder.co and all of its pages.
- 'Products': all the services (intangible) that can be purchased or subscribed to on the site.
- 'Publisher': The person, legal or physical, responsible for the editing and content of the site.
- 'User': The Internet user using the site or one of its Products.
- And 'Customer' means the Internet user making a purchase of a service on the site.

Article #2: Terms imposed by the law of trust in the digital economy and purpose of the site

This site is published by Tunder SAS. Legal information concerning the host and publisher of the site, in particular contact details and any capital and registration information, are provided in the legal notices of this site. The purpose of this site is defined as “cash register software”. The site is open and free to all Internet users. The acquisition of a good or a service, or the creation of a member area, implies the acceptance, by the Internet user, of all of these general terms and conditions, who at the same time acknowledges having fully read them.

Acceptance of the general conditions of sale and use is made as soon as the user passes the information stage relating to data confidentiality. The user can read the general conditions of sale and use at any time in the help section.

Checking this box will be deemed to have the same value as a handwritten signature on the part of the user. The Internet user recognizes the evidentiary value of the automatic registration systems of the publisher of this site and, except for him to provide evidence to the contrary, he renounces the right to contest them in the event of a dispute. Acceptance of these general conditions presupposes that users have the necessary legal capacity to do so. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, trustee or his legal representative.

Tunder does not collect any personal information from the customer. Non-nominative data is collected for statistical purposes, with the sole purpose of improving the service. No data is marketed. The data privacy policy is part of the CGUV. Acceptance of these T&Cs therefore implies acceptance of the data privacy policy.

Article #3: The services offered

The services offered are available for access in a free version directly on the Tunder application and allow you to learn about the characteristics.

The support service of this site is accessible by email at the following address: contact@tunder.co or by post to the address indicated in the legal notice.

Article #4: Rates

The prices shown in the application are prices inclusive of all taxes (TTC) in the user's local currency, taking into account the tax applicable on the day of the order. Tunder reserves the right to reflect any change in the tax rate on the price of the services. The publisher also reserves the right to change its prices at any time. However, the price shown on the application on the day of the order will be the only one applicable to the buyer.

Article #5: Member or user area

Using Tunder does not require a user account or registration, which means that no information is saved. All data entered remains accessible only to the user. The latter is fully responsible for the conservation and archiving of its data for possible checks by the tax authorities.

Once downloaded to the user's device, the data recorded by the user is stored on the device only. Tunder ensures the security and inalterability of the data entered by the user in the software.

The user is solely responsible for securing the data entered in the Tunder application. He will take the necessary measures to lock access to the application, in particular via password, PIN code. Tunder cannot be held responsible for unauthorized access to the user's account.

If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only informative nature. The pages relating to member accounts do not constitute proof, they are only informative in order to ensure effective management of subscriptions and possible contributions from the member. The publisher reserves the exclusive right to delete the account of any member who has violated these terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided incorrect information when registering and/or creating his personal space) or any account that has been inactive for at least one year. Such deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the Publisher to take legal action against the member, when the facts have justified it.

Article #6: Exemption from the publisher's liability in connection with the execution of this contract

In the event of impossibility of access to the site, due to technical problems or of any nature, the User will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limiting period, of one or more products, cannot constitute a prejudice for Internet users and cannot in any way give rise to the award of damages on the part of the site or its publisher. The photographs and visuals of the products presented on the site are not contractual in nature, the responsibility of the publisher of this site can therefore not be engaged if the characteristics of the objects differ from the visuals on the site or if the latter are erroneous or incomplete. The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Likewise, the publisher of this site cannot be held liable if the visit, by the Internet user, of one of these sites caused him harm.

The Tunder application complies with current French legislation. Any use outside French territory cannot engage our responsibility. It is the responsibility of users to check with their local authorities and accountant the compliance of our solution in their country. We recommend that you ensure that our software meets legal requirements specific to your jurisdiction prior to use.

Tax compliance is your responsibility. We do not guarantee the applicability or accuracy of our tax tools. If you have questions about your tax obligations, consider consulting a professional tax advisor.

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Article #7: Intellectual property rights relating to the elements published on this site

All elements of this site belong to the publisher or to a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting. Any member who is guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion constituting damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the publisher of this site or his agent.

Article #8: Brands

The brands and logos contained in the site are registered by Tunder, or possibly by one of its partners. Anyone performing their representations, reproductions, imbrications, broadcasts and rebroadcasts incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.

Article #9: Limitation of liability

Any incident causing data loss (e.g. loss, breakage, theft, bug...) is the responsibility of the user. Tunder provides a backup system, via the data export function. The user must perform daily backups in order not to lose the data associated with his device.

Tunder cannot be held responsible for the loss of user data.

The publisher of the site, especially in the online sales process, is only bound by an obligation of means; his responsibility cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, virus, interruption of the Service or others. Tunder cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of a force majeure event and in particular in the event of a total or partial strike of external services or disasters caused by floods or fires. Regarding the products purchased, the publisher will not incur any responsibility for any indirect damage as a result of these terms, operating loss, loss of profit, damage or expenses, which may occur. The choice and subscription to a Product are under the sole responsibility of the user. The user expressly agrees to use the site at his own risk and under his exclusive responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, the publisher cannot under any circumstances be held responsible for: - any direct or indirect damage, in particular with regard to loss of profits, loss of profits, loss of customers, data that may, among other things, result from the use of the site, or on the contrary from the impossibility of its use; - on the contrary, from the impossibility of its use; - of a malfunction, unavailability of access, misuse, or poor configuration of the user's computer, or the use of a browser that is rarely used by the user; - the content of advertisements and other external links or sources accessible by the user from the site.

Tunder cannot be responsible for any loss of data or files, damage of any kind, related to the use made by the customer/user of its computer equipment. Tunder cannot be held liable for any direct or indirect, personal or professional prejudice due to the result obtained by the customer/user following the use of the service, the choice of data and the use of the software by the customer/user being strictly personal and attributable to him. Tunder cannot be held responsible for any problem, technical failure or saturation of networks, Internet, servers, access providers, computer systems or equipment.

Article #10: Access to the site

The site publisher cannot be held liable due to the technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, update, modification of the site, intervention by the host, an internal or external strike, an internal or external strike, an internal or external strike, a network failure, a power outage, or even a poor configuration or use of the user's computer.

Article #11: Account closure

Each member of the site is free to close their account. Since Tunder does not have any user data, the closure of the account, the deletion of the application will result in the permanent loss of the application data. Tunder will not be held responsible for the loss of user data as a result of deleting the application or the closure of the account.

Article #12: Applicable law and mediation

These general conditions are subject to the application of French law. They can be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day they subscribe to a service on this site. The publisher of the site undertakes to keep the old versions of these general conditions in case of evolution and to send them to any User who requests them.

Except for provisions of public order, any disputes that may arise in connection with the execution of these general conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that amicable settlement requests do not suspend the time limits open for bringing legal actions. Unless otherwise provided, of public order, any judicial action relating to the execution of this contract must be subject to the jurisdiction of the courts under the jurisdiction of the Court of Appeal seized.

Mediation of consumption

According to article L.612-1 of the Consumer Code, it is recalled that “any consumer has the right to have recourse to a consumer mediator free of charge in order to resolve amicably the dispute between him and a professional. For this purpose, the professional guarantees the consumer effective recourse to a consumer mediation system”.

As such, Tunder offers its consumer customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:

Mediator at the Médicys approved mediation center
contact@medicys.fr
http://www.medicys.fr/index.php/consommateurs/

It is recalled that mediation is not mandatory but only offered in order to resolve disputes by avoiding recourse to justice.

Article #13: Use of Cookies

A “Cookie” allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site by saving a data file on his computer. The site may use “Cookies” mainly to 1) obtain browsing statistics in order to improve the User experience, and 2) allow access to a member account and to content that is not accessible without login. The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in case of legal requisition. The User may refuse the registration of “Cookies” or configure his browser to be notified prior to accepting “Cookies”. To do this, the User will proceed to configure their browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies - For Safari: https://support.apple.com/fr-fr/ht1677 - For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on - For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies - For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article #14: How to subscribe to the service and description of the purchasing process

We will define below as “Basket” the intangible object (for example a page or part of a page of the site) grouping together all the Products selected by the user for a purchase or subscription. Once the Internet user considers that he has selected and added to his basket all the products he wishes to buy, he will have the possibility, to validate his order, to access a summary page on which the characteristics (in particular the volume and any options) of the products ordered will be communicated to him, as well as their unit price, or the subscription price depending on the nature of the pricing of the service. If he wishes to validate his order, the user must click on the validation button. Payment will be made directly from the application via the billing tools of the Google and Apple platforms.

The customer's bank account will be debited at the beginning of each period.

The selling price of the product will be the one indicated on during the purchase/subscription process.

For the payment of purchases integrated into an Application or the subscription to a Subscription from a Store, the User must exclusively use the secure payment Solution offered by the Store by connecting from their Account. To do this, the User acknowledges and accepts that they must first accept the terms and conditions of the publisher of the Secure Payment Solution, which impose requirements prior to payment.

They can be consulted from the following links:

for the App Store: https://www.apple.com/legal/internet-services/itunes/fr/terms.html

for Google Play: https://play.google.com/intl/fr_fr/about/play-terms.html

If he does not comply with the general conditions of the publisher of the secure payment Solution, the User acknowledges and accepts that he cannot order the Service or that the Service ordered is automatically cancelled, without any compensation of any kind being awarded to him.

Any Subscription is concluded for a fixed period which is renewable by tacit renewal for the same period, unless cancelled before the due date or, where applicable, deactivation at the automatic renewal of the Subscription under the conditions provided for in the article “Termination”.

In the event that the subscription to a Subscription is accompanied by a free trial period, the User's Subscription will not become chargeable until the day after the expiration of the free trial period. If the User wishes to end the free trial period, he must cancel his Subscription 24 hours before the end of the free trial period under the conditions provided for in the “Termination” article.

To subscribe to a Subscription from the Application, the User must choose the duration of his Subscription from among the Subscription durations offered to him and confirm his purchase.

The User pays for their Subscription via the secure payment Solution offered by the Store after connecting to their Account.

Payment for the first period of the Subscription is made when it is subscribed and the User will be debited at each renewal through the Store's secure payment Solution unless the Subscription is cancelled under the conditions provided for in the article the article “Termination”.

The Subscription is automatically renewed unless cancelled from the Store at least 24 hours prior to the end of the current Subscription period.

In addition, the renewal of a Subscription purchased from a Store will be billed within 24 hours before the end of the current period.

Credit can be purchased from the application. The validity period of a credit purchased on the application is 1 year from the date of purchase. After that, the credit is no longer valid in the application.

Article #15: Payment Information

The Internet user can place an order on this site and can pay by bank card. Credit card payments are made through secure transactions provided by an online payment platform provider. Payment is made directly in the hands of the bank or payment provider receiving payment from the Customer.

Article #16: Provision

The provision of the service (otherwise called its delivery) is immediate, or requires a short period of time. However, this period may not exceed 7 days. Any complaint not made in accordance with the rules defined in the dedicated section of these general terms and conditions and within the time limit set will not be taken into account and will release Tunder from any responsibility towards the buyer. Upon receipt of a valid complaint, Tunder will communicate by email, fax or telephone to the purchaser the terms of reimbursement or modification of the order.

Article #17: Termination

In accordance with article L.221-28 of the Consumer Code, Tunder providing access to an online tool, with initial and/or regular billing according to the terms specified in the section specifying the conditions of access to the software of these general terms and conditions, the site is eligible for withdrawal, but this cannot lead to the reimbursement of the amount already paid for the period already passed. It will therefore be a termination, with cancellation of the contract and loss of the amounts paid. And the acceptance of these conditions implies the acceptance of the loss, therefore, of the legal right of withdrawal established in the above article. In the event of a cancellation, the application will inform the Customer of the cancellation of his subscription. The total or partial impossibility of using the Service, in particular due to the incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the publisher, or to the exercise of the right of withdrawal. In the event of total or partial non-payment of the product, Tunder may suspend access to the application.

Tunder reserves the right to deactivate without notice and without prior notice any customer in the event of non-payment during the execution or renewal of the contract.

The cancellation of a subscription made by the customer is done directly in the Tunder application or via the management of subscriptions in the Stores (Apple and Google). The cancellation takes effect at the end of the expiry of the current subscription.

To deactivate the automatic renewal of their Subscription, cancel it or modify it, the User must refer to the conditions applicable by the Store and can find the information at the following links:

For Apple: https://support.apple.com/fr-fr/ht202039

For Google: https://support.google.com/googleplay/answer/7018481?hl=fr&co=GENIE.Platform%3DAndroid

The cancellation of a plan is carried out through a change of subscription (“Downgrade”/” Upgrade”).

When a change from a paid subscription to another higher paid subscription over the same period of time, the privileges associated with the cancelled subscription are immediately revoked.
When a paid subscription is changed to another paid subscription at a different frequency, the privileges associated with the cancelled subscription are revoked when the current subscription expires.
When changing from a paid subscription to a free subscription, the privileges associated with the cancelled subscription are revoked at the expiration date of the current subscription. The transition to the free subscription is done automatically on the expiry date of the current subscription.

Article #18: Archiving

Tunder will archive purchase orders and invoices on a reliable and durable medium that is a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties

Article #19: Conditions of access to the solution

This site provides the User with an offline solution. The various solution programs offered and the corresponding subscription conditions are presented on the application's offer pages. Depending on the offer chosen, the application will communicate to the user the validity period of their subscription. The site grants the user a personal, non-exclusive, non-transferable and non-transferable right to use the solutions, throughout the duration of the contract and for the entire world. The user can only use application services and solutions in accordance with their needs. In particular, the license relating to the solutions is granted only for the sole purpose of allowing the user to use the services, to the exclusion of any other purpose. The right of use refers to the right to represent and implement application services in accordance with their destination, in SaaS mode (“Software as a Service”) via a connection or not to an electronic communications network. The user may under no circumstances make the solutions available to a third party, and is strictly prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. If the site sets up a minimum subscription commitment for some of its offers, this will be clearly and distinctly stipulated on the offer page and during the subscription process.

Article #20: Payment

The various solution programs offered and their corresponding subscription prices are presented on the offer or price pages of the application.

The application specifies on its pages whether the billing is for the period (per day, month, year, any period started being due), or fixed according to a level of use of the resources (any resource unit started being due), or any other access route, specified on this page.

The billing method is also specified on the offer or price pages of the application, or failing that, in the section concerning the conditions of access to the solution of these general conditions.

In case of automatic debit, the application will specify to the customer in the payment interface the date of the withdrawal, and its amount, as well as the frequency, which may depend on each customer.

Article #21: Restitution of data

In the event of the termination of the contractual relationship, regardless of the cause, the publisher of the application cannot return the user's data, which is solely responsible. Since Tunder does not have access to this data, it cannot return the user data.

Article #22: Framework of conditions

If any provision of these terms and conditions is found to be unlawful, void, or for any other reason unenforceable, then that provision will be deemed severable from the terms and conditions and will not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the application. They replace all previous or contemporary written or oral agreements. The general conditions are not transferable, transferable or sublicensable by the user himself. The parties agree that all correspondence relating to these general conditions must be written in French.

Article #23: Notifications

Any notification or notice concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered in person, by registered or certified mail, by Post or any other nationally recognized courier service that allows you to regularly monitor your packages, or by email to the addresses indicated in the legal notice of the site, specifying your names, first names, contact details and subject of the notice.

Article #24: Inaccuracies

It may be possible that, throughout the application and the services offered, and to a limited extent, there may be inaccuracies or errors, or information that does not agree with the general conditions, the legal notices or the personal data charter. In addition, it is possible that unauthorized changes may be made by third parties on the site or on ancillary services (social networks, etc.). We are doing everything we can to ensure that these types of discrepancies are corrected. In the event that such a situation escapes us, please contact us by email at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For copyright inquiries, please refer to the intellectual property section.

Article #25: Complaints

Any complaint related to the use of the application, its services or any other related service, the pages of the site on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days following the day of origin of the problem source of complaint, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be unenforceable in court. In any event, in the event that Tunder's liability is retained for any reason whatsoever, the total amount of compensation that Tunder may be required to pay to the customer/user may not exceed the total amount received by Tunder from this customer/user, regardless of the legal basis of the claim and the procedure used to bring it to a successful conclusion.

Article #26: Our promotional updates and communications

Where permitted in our legitimate interests or with your prior consent when required by law, we will use your personal information for marketing analysis and to provide you with promotional email updates regarding our products and services. You can object to further marketing at any time by verifying and updating your contact information in your account, or by selecting the “unsubscribe” link at the end of all of our marketing and promotional communications to you, or by submitting your email address here.

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Article #27: Suspension of accounts

We may cancel or suspend your account at any time without notice. We may also cancel or suspend your account immediately if, at our sole discretion:

you have committed a material or repeated breach of these Terms or any other terms applicable to your use of the Services;
we consider that the provision of the Services, or their use in your territory or jurisdiction, will result in or is likely to result in a violation of any applicable law;
we decide to remove the Services from your territory or jurisdiction in their entirety; or
you are not complying with the limits or restrictions applicable to your plan (for example, on the number of users, stores, or transactions);
the use of your account creates a security or availability risk for Tunder or our other customers, affects (or is likely to affect) the stability or performance of our systems, or requires disproportionate resources to maintain (for example, in terms of storage or processing, in terms of storage or processing, support requests, or support requests)