General conditions of sale and use

General conditions of sale

1. Purpose

These general conditions of sale apply without restriction or reservation to all sales of online subscriptions offered by the company TUNDER, a simplified joint-stock company (société par actions simplifiée) with a share capital of 400 euros, whose registered office is at 9 rue des Colonnes – 75002 Paris, 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”). The subscription may be taken out either on the website https://tunder.co or on the “Tunder – Cash Register” application, available on Google Play and on the App Store (hereinafter, the “Platform”). It is specified that all the features of the subscriptions sold are directly accessible on the Platform, the Site also being a subscription channel.

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

The Platform allows professional Internet users (hereinafter, the “Subscribers”) to take out a subscription giving them access to a service similar to an offline cash register, offered by the Seller (hereinafter, the “Subscription”).

It is specified that the Seller offers different Subscription plans.

These general conditions set out the terms and conditions of the online sale of Subscriptions and define the rights and obligations of the parties in that context (hereinafter, the “CGV”).

They are accessible and printable at any time through a link on the Platform. The applicable version of the CGV is the one available online on the Platform on the date of the Subscriber’s order.

2. Application of the CGV

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

They may, where applicable, be supplemented by terms of use specific to certain services and/or Subscriptions offered on the Platform, which supplement the CGV and, in the event of a conflict, prevail over them.

The fact that TUNDER does not invoke any of the provisions of the CGV at a given time shall not be construed as a waiver of the right to invoke any of those conditions at a later date.

The invalidity of a contractual clause does not entail the invalidity of the CGV. The temporary or permanent non-application by TUNDER of one or more clauses of the CGV shall not constitute a waiver on its part of the other clauses of the CGV, which continue to have effect.

3. Legal capacity and acceptance of the CGV

3.1 Legal capacity

The Platform is accessible:

• to any natural person with full legal capacity to be bound by the CGV. A natural person who does not have full legal capacity may access the Platform only with the consent of their legal representative.
• to any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.

3.2 Acceptance of the general conditions

The Subscriber’s acceptance of the CGV is evidenced by registration on the Platform. This acceptance can only be full and unreserved. Any acceptance made subject to reservations is considered null and void. A Subscriber who does not agree to be bound by the CGV must not place an order on the Platform.

4. Characteristics of the Subscriptions

Before placing any online order, the Subscriber may read, on the Site, the characteristics of each Subscription they wish to order, in particular:

• the features accessible with the chosen Subscription plan;
• the number of devices that can be configured with the Platform;
• the commitment period (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 or go to the Site, register in accordance with the general conditions of use of the Platform, available by clicking here, select the Subscription and pay the first monthly or annual instalment.

The order is deemed 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 or the Site. In that case, they acknowledge that the payment instalments will increase, in accordance with the prices displayed on the Platform and the Site.

5.2 Order confirmation

At the end of the order, the Subscriber receives by email a confirmation of the order that summarizes its elements.

The Subscriber must make sure that the contact details provided are correct and that they allow them to receive the email in question. If the email is not received, the Subscriber must contact TUNDER at the contact details given 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 scope of and for the needs of their profession, the right of withdrawal provided for by the Consumer Code does not apply.
Accordingly, the payment made by the Subscriber when taking out the Subscription cannot be refunded.

7. Prices and payment terms

7.1 Price

The selling prices of the Subscriptions are displayed on the Platform and the Site.

They are stated in the currency applicable to the Subscriber concerned, inclusive of all taxes (applicable VAT, where relevant, and other applicable taxes).

Subscriptions are paid monthly or annually, at the Subscriber’s choice.

TUNDER reserves the right, at its sole discretion and on terms of which it shall be the sole judge, to offer promotions or price reductions.

The applicable price is the one displayed on the Platform and on the Site at the time the Subscriber’s order is registered.

Where the Seller wishes to change the price of a Subscription taken out by the Subscriber and still in progress, the Seller undertakes to notify the Subscriber at least one (1) month before the new price applies. Unless the Subscription is terminated at least fifteen (15) days before the new price applies, the Subscriber is deemed to have accepted the new price of the Subscription.

7.2 Payment terms

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

The Subscriber acknowledges that the following instalments will be paid by automatic debit from the bank card used when registering the order, on the monthly or annual anniversary of the date the order was registered.

When the subscription is taken out through the website https://tunder.co, payment is processed by Paddle (Paddle.com Market Limited), a third-party payment provider acting as Merchant of Record. In that case, the payment contract is concluded between the Subscriber and Paddle, in accordance with Paddle’s general terms available at https://www.paddle.com/legal/buyer-terms-fr. The following automatic debits are made from the payment method provided when the order was placed, on the monthly or annual anniversary date.

7.3 Billing

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

8. Activation of the Subscription and provision of the Platform

8.1 Terms of provision

The Subscriber acknowledges that, in order to benefit fully from the Subscription, they will need to use the Platform. They therefore declare that they have taken all the measures necessary to be able to use it, in particular from a technical and practical point of view. Accordingly, the Subscriber chooses their own Internet network operators and access providers. They assume full responsibility for that choice and for any failure of those operators and providers.

In all cases, the Subscriber undertakes to notify the Seller as soon as possible if their bank card is no longer valid and to provide the Seller with the new bank details required for the automatic debit referred to above.

This provision is made by remote access, in order to allow the data transmitted by the Subscriber to be processed on the Seller’s server. As the related software remains on the Seller’s server, no software media is delivered; provision is made by opening the connection to the Seller’s server and giving the Subscriber their login credentials.

Once the order has been validated by the Subscriber, the Seller makes the features of the Platform available to the Subscriber. These features are accessible to the Subscriber at all times, except during periods of intervention and maintenance.

Under these CGV, the Subscriber has a right to use the features of the Platform that is personal, non-exclusive, non-transferable and limited to the duration of the Subscription.

In particular, the Subscriber is strictly prohibited from:

• reproducing or representing the Platform or its documentation in any form, or altering or concealing in any way the trademarks, distinctive signs or copyright notices affixed to the Platform;
• intervening on the Platform in any way and for any reason whatsoever, including to correct errors, adaptive and corrective maintenance being provided by the Seller;
• modifying or seeking to circumvent any protection device of the Platform.

8.2 Identification

To access the Platform, the Subscriber identifies themselves using their email address and password, or through their Google account (Google Sign-In) or their Apple account (Sign in with Apple), depending on the sign-in method chosen at registration.

Accordingly, any access to the Platform is irrebuttably deemed to constitute use of the Platform by the Subscriber, which the Subscriber declares that they expressly accept.

8.3 Features

The Subscriber acknowledges that TUNDER’s role is limited to making the Platform and its features available and that TUNDER has no duty to advise, in particular in accounting matters.

The Subscriber’s objectives are their own and depend exclusively on their own involvement and investment in using the features.

9. Maintenance of the Platform

9.1 Maintenance

The Seller will take it upon itself to carry out corrective maintenance in such a way as not to prevent or hinder access to the Platform. It likewise undertakes to make to the Platform the changes necessary for it to remain in line with market standards and the state of the art at all times. However, where the Subscriber does not cooperate with the Seller in resolving anomalies, the Seller cannot be held liable in that respect.

Access to the Platform may be suspended because of maintenance work necessary for the proper functioning of the Platform.

10. Duration of the Subscriptions

10.1 Duration

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

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

which are tacitly renewable, unless terminated early under the conditions provided for herein.

10.2 Termination by the Subscriber

The Subscriber may terminate their Subscription for convenience directly on the Platform or the Site.

10.2.1 Monthly Subscription

Termination will take effect the following month. Any month begun is due; no refund will be made.

10.2.2 Annual Subscription

Termination will take effect the following year. Any year begun is due; no refund will be made.

10.3 Suspension and termination by the Seller

10.3.1 Suspension

The Seller may suspend the Subscriber’s Subscription without delay or formalities if the Subscriber fails to pay the sums due on receipt of the invoices issued by the Seller.

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

• risk to the stability and/or security of the Platform or any of the Seller’s systems and environments;
• a request from a competent administrative or judicial authority;
• a necessity imposed by compliance with the law and with its obligations.

10.3.2 Termination

If the Seller finds that the Subscriber is in breach of these terms and/or the general conditions of use, the Seller may terminate the Subscriber’s Subscription fourteen (14) days after a formal notice sent by any written means, which has remained without effect, to remedy the contractual breach(es).

Where the breach cannot be remedied within fourteen (14) days, termination takes effect on the date on which the Seller notifies the Subscriber of that termination.

10.4 Change of Subscription

It is specified that the conditions for changing Subscription, whether in terms of features or duration, are set out in the general conditions of use of the download platforms from which the Platform is downloaded.

The Subscriber therefore acknowledges that they must refer to the general conditions of use of the download platform they used to download the Platform, in order to learn about the above-mentioned conditions, which are beyond the Seller’s control.

11. Common obligations

The parties agree to perform their respective obligations under the CGV in good faith.

Each party undertakes to ensure that all the provisions of the CGV are complied with by all its agents, employees and collaborators, or by any person acting for it, and guarantees that its agents, employees and collaborators, or any person acting for it, will respect its rights and obligations as set out in the CGV.

The parties agree to cooperate in performing their respective obligations and to exchange information in order to contribute to the success of the CGV, so as to enable the Seller to fulfil its duty to advise the Subscriber in the most satisfactory manner possible.

Accordingly, the parties will inform each other of any difficulties they become aware of, in light of their experience, as the CGV are performed, so that these can be taken into account as quickly as possible, thus contributing to the success of the whole.

12. Obligations of the Subscribers

Subscribers are solely responsible for the choice and use they make of the Subscriptions. It is for them to check that the Subscriptions suit their specific needs and constraints before purchasing them.

It is for Subscribers to take all appropriate measures to protect their own data and/or software stored on their IT equipment against any harm.

The Subscriber indemnifies the Seller against any complaint, claim, action and/or demand of any kind that the Seller may suffer as a result of the Subscriber’s breach of any of their obligations under the CGV. The Subscriber undertakes to pay the Seller all costs, charges and/or damages that the Seller may have to bear as a result.

It is for the Subscriber, under their own responsibility, to ensure the accuracy and completeness of the information and documentation transmitted.

The Subscriber also warrants that they comply with all law applicable to their activity.

Accordingly, the Subscriber undertakes to indemnify TUNDER against any judgment that may be rendered against it, including the costs incurred for its defense, for any infringement of the rights of a third party resulting from the Subscriber’s use of the Subscription.

13. Obligations and liability of TUNDER

The Platform is, in principle, accessible to all Internet users 24 hours a day, 7 days a week. The Seller does not guarantee that the Platform will be free of anomalies, errors or bugs, or that the Platform will operate without failure or interruption. Nor can the Seller be held liable for data transmission problems, connection problems or network unavailability.

TUNDER undertakes to carry out regular checks to verify the operation and accessibility of the Platform. Accordingly, TUNDER reserves the right to temporarily interrupt access to the Platform for maintenance reasons. Likewise, TUNDER cannot be held liable for temporary difficulties or impossibility of access to the Platform caused by circumstances beyond its control, force majeure, or disruption of telecommunications networks.

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

• negligence or fault committed by the Subscriber or by a third party;
• any use of the Subscriptions in manifestly non-compliant conditions.

TUNDER cannot be held liable for non-performance or delay in the performance of orders due to circumstances beyond its control or a case of force majeure, it being expressly specified that the following are considered cases of force majeure, in addition to those usually accepted by the case law of the French courts: exceptional weather, natural disasters, fires and floods, lightning, attacks, breakdown or blockage of telecommunications networks, damage caused by viruses that the security measures existing on the market do not allow to be eradicated, as well as any legal, regulatory or public-policy obligation imposed by the competent authorities that would have the effect of substantially modifying the CGV.

In any event, the liability that the Seller may incur hereunder may relate only to direct damage suffered by the Subscriber. The Seller’s liability may also not exceed the sums received by it under the … during the last three (3) months preceding the event giving rise to liability.

The Subscriber’s use of the Subscriptions is their sole responsibility. Under no circumstances may the Seller be held liable on the basis of decisions made by the Subscriber according to information derived from the Subscription. It is the Subscriber’s responsibility to carry out the necessary and adequate checks according to what is at stake in their use of the Subscriptions.

The Subscriber acknowledges that the Seller will incur no liability for any loss of profits, commercial disruption, claims that the Subscriber may suffer, or claims or demands made against the Subscriber by any third party whatsoever.

14. Intellectual property

14.1 Subscriber’s intellectual property rights

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

The Seller shall not modify the data, files, information or documents transmitted by the Subscriber without the Subscriber’s prior written consent.

Upon termination of the Subscription for any reason whatsoever, the Seller will return to the Subscriber all the Subscriber’s data, files and documents entrusted to it for the performance of its obligations under the CGV, and will destroy any copy it may have made.

14.2 Ownership of the Platform

The Seller is and remains the holder of the intellectual property rights in the Platform, these CGV not transferring any intellectual property rights to the Subscriber.

15. Confidentiality and communication

Information of any kind communicated by one party to the other in connection with the performance hereof is considered confidential and must not be disclosed to a third party, except with the prior written consent of the party that communicated it.

By way of exception to the foregoing, the Subscriber authorizes the Seller to use their identifying elements, strictly for the purpose of promoting its business, in particular on the Internet and/or on its 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. Modifications

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

18. Language

Where the CGV are translated into one or more languages, French will be the language of interpretation in the event of a contradiction or dispute over the meaning of a term or provision.

19. Subcontracting

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

20. Partial invalidity – Non-waiver

The invalidity of a contractual clause does not entail the invalidity of the CGV. The fact that the Seller does not invoke any of the provisions of the CGV at a given time cannot constitute a waiver of the right to invoke such a provision at a later date.

21. Governing law and jurisdiction

The CGV are governed by French law.

Failing an amicable resolution, any dispute relating to the interpretation and performance of the CGV will be brought before the Paris Commercial Court (tribunal de commerce de Paris).

General conditions of use

1. Scope

These general conditions of use apply without restriction or reservation to any use of the website https://tunder.co (hereinafter, the “Site”) and of the “Tunder – Cash Register” application, available on Google Play and on the App Store (hereinafter, the “Platform”), published by the company TUNDER, a simplified joint-stock company (société par actions simplifiée) with a share capital of 400 euros, whose registered office is at 9 rue des Colonnes – 75002 Paris, 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 address: contact@tunder.co

The Site allows professional Internet users (hereinafter, the “Users”), in particular, to understand the offers made by TUNDER and the features of the Platform, and to take out a Subscription. For its part, the Platform gives Users 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 features of the Platform (hereinafter, the “Features”). These depend on the plan chosen by the User (free account, subscriptions), according to the information provided by TUNDER on the Platform. If the User takes out a subscription, they undertake to comply with the general conditions of sale they have accepted (hereinafter, the “CGV”).

To benefit from the free or paid Features, Users acknowledge that they are obliged to comply with these general conditions of use.

These general conditions set out 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 through a direct link at the bottom of the Site’s pages.

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 CGU at a given time shall not be construed as a waiver of the right to invoke any of those provisions at a later date.

The invalidity of a contractual clause does not entail the invalidity of the CGU. The temporary or permanent non-application by TUNDER of one or more clauses of the CGU shall not constitute a waiver on its part of the other clauses of the CGU, which continue to have effect.

3. Acceptance and modification of the CGU

The User’s acceptance of the CGU is evidenced by registration on the Platform. This acceptance can only be full and unreserved. Any acceptance made subject to reservations is considered null and void. A User who does 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.

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

Any modifications made by TUNDER to the CGU are deemed accepted without reservation by any User who accesses the Site and the Platform after they have been put online.

TUNDER undertakes to inform the User by email of the modifications made to the CGU before they enter into force, and to inform the User of the date on which the new CGU enter into force.

4. Description of the features of the Site

4.1 Blog

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

4.2 Features

Any User may:

• learn about the services offered by TUNDER;
• find out about the features of the Platform, according to the plans chosen;
• be directed to a link allowing them to download the Platform;
• be directed to links allowing them to buy equipment related to their activity and the management of their cash register;
• contact TUNDER;
• find out about TUNDER (customer cases, legal documents, news, etc.).

5. Description of the Features of the Platform

5.1 Presentation of the Features

The Features are described on the Platform. It is specified that the Site presents them in a non-exhaustive way. Accordingly, in the event of a contradiction between what is stated on the Platform and what is stated on the Site, the information provided on the Platform prevails.

5.2 Registration

Access to the Features requires the User to register on the Platform, either by completing the form provided for that purpose or by signing in with their Google account (Google Sign-In) or their Apple account (Sign in with Apple). In the latter two cases, TUNDER receives from Google or Apple only the information described in the privacy policy.

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

Registration automatically results in the opening of an account in the User’s name (hereinafter, the “Account”), giving them access to a personal space (hereinafter, the “Personal Space”) that allows them to manage the Features in the form and by the technical means that TUNDER considers most appropriate.

The User warrants that all the information they give in the registration form is accurate, up to date and truthful and is not misleading in any way.

They undertake to update this information in their Personal Space in the event of changes, so that it always meets the above criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the User is binding on them as soon as it is validated.

The User may access their Personal Space at any time after identifying themselves using their login ID and password, or through their Google account or their Apple account.

The User undertakes to use their Account personally and not to allow any third party to use it in their place or on their behalf, failing which they bear full responsibility.

They are likewise responsible for keeping their login ID and password confidential, 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 given in article 1 hereof if they notice that their Account has been used without their knowledge. They acknowledge TUNDER’s right to take all appropriate measures in such a case.

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, as the case may be.

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

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

5.4 Removal of access

In the event of the User’s breach of their obligations under the CGV or the CGU, TUNDER may remove the User’s access to the Features fourteen (14) days after a formal notice sent by email, which has remained without effect, to remedy the contractual breach(es).

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

• the User seriously, gravely or repeatedly breaches those obligations and the breach cannot be remedied or is not remedied within fourteen (14) days of the notification sent to them;
• TUNDER is bound by a legal or regulatory obligation to delete the User’s account.

Accordingly, the User is informed and acknowledges that all the data accessible on the Platform will be deleted. It is for the User to make a backup. TUNDER’s liability cannot be incurred.

5.5 Unsubscription of the User

The User may unsubscribe from the Platform at any time, using the form available at https://tunder.co/suppression-des-donnees or by sending a request to that effect to TUNDER at the contact details given in article 1.

Unsubscription takes effect within a maximum of 7 (seven) days from that request. It results in the automatic deletion of the Account. Where the User registered with their Google account, they may also withdraw TUNDER’s access to that account at any time from https://myaccount.google.com/permissions. Where they registered with their Apple account, they may do so from their Apple account settings, under “Sign in with Apple”.

6. Conditions of access to the Site and the Platform

The Site / Platform is, in principle, accessible to all Internet users 24 hours a day, 7 days a week, except for interruptions, whether scheduled or not, by TUNDER or its service providers, for maintenance and/or security needs, in cases of force majeure, or for updates to the Site / Platform. TUNDER cannot be held liable for any damage, of whatever 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 operate without failure or interruption. In that 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 liable for data transmission problems, connection problems or network unavailability.

Any User declares that they are informed that, in order to access the Site / Platform, they must have Internet access, taken out via a subscription with the provider of their choice, at their own expense, and acknowledges that:

• the reliability of transmissions is uncertain because, in particular, of the heterogeneous nature of the infrastructures and networks over which they pass and, in particular, breakdowns or congestion may occur;
• it is for them to take any measures they consider appropriate to ensure the security of their equipment and of their own data, software or other items, in particular against contamination by any virus and/or attempted intrusion of which they may be a victim;
• any equipment connected to the Site / Platform is and remains under the User’s sole responsibility, and TUNDER cannot be held liable for any direct or indirect damage the User may suffer as a result.

7. Availability of the Platform

TUNDER undertakes to use all the means at its disposal to maintain the availability of the Platform.

However, access to the Platform may be interrupted at the initiative of TUNDER or of its service providers responsible for operating 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 beforehand and to limit the duration of the interruption. This 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 affect the capacity, security and integrity of processing or data;
• in the event of a request for suspension or restriction of access to the Platform made by an administrative or judicial authority, or a formal notice from a third party, etc.

Under no circumstances can TUNDER be held liable for damage resulting from access to or use of the Platform. TUNDER accordingly disclaims all liability:

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

TUNDER is developed in accordance with the French legislation in force.

Accordingly, a User who decides to use the Platform in a territory other than France acknowledges that they are exclusively responsible for verifying that the Platform is suitable for, and complies with, the legislation applicable to their use of it. Failing this, TUNDER cannot be held liable in that respect.

It is specified that the User is solely responsible for the use they make of the Platform and for the decisions they take following their use of the Platform. They acknowledge that TUNDER does not provide any legal or tax advice. Accordingly, TUNDER cannot be held liable. TUNDER recommends that Users contact directly a professional authorized to give legal and tax advice if they wish to obtain it.

8. Intellectual property

8.1 Content of the Site / Platform

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

All the content and Features of the Site / Platform, including, without limitation, the domain name, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, as well as the tree structure, navigation plan, and the design and organization of its sections and their titles, whether existing or future, are protected by intellectual property rights, owned or claimed by TUNDER, with the authorization of the holders of those rights.

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

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

By accessing the Site / Platform, the User acknowledges that the data making it up is legally protected and that they are prohibited, in particular, from extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the contents of the databases on the Site they access, and from repeatedly and systematically extracting or reusing qualitatively and quantitatively non-substantial parts, where those operations manifestly exceed the conditions of normal use.

8.3 Trademarks

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

9. User conduct

The User declares and acknowledges that all information, data, texts, messages or any other content that they publish on the Site / Platform (hereinafter, the “Contributions”) are published under their entire and sole responsibility.

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

In particular, the User is prohibited from:

• disseminating information that is contrary to public order or morality;
• diverting the purpose of the Site / Platform in order to engage in propaganda or proselytism, canvassing or soliciting;
• disseminating Contributions that infringe the personality rights of third parties or that are defamatory, insulting, obscene, pornographic, offensive, violent, or inciting discrimination, or political, racist, xenophobic, sexist or homophobic violence;
• harassing in any way one or more other Users;
• publishing information, in breach of personal data protection legislation, that allows natural persons to be identified without their consent, in particular their surname, postal and/or email address, telephone number, photograph, or sound or audiovisual recording, or collecting and storing personal data relating to other Users;
• accessing the Site / Platform fraudulently;
• transmitting any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool;
• providing information pointing to other sites (whether by creating hypertext links or by simply providing information) whose content would be likely to breach any law or regulation in force, and in particular would be likely to infringe the rights of persons and property and/or intellectual property rights.

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

The User undertakes to comply with the laws and regulations in force and to use only content for which they hold the rights, or for which the rights holder has given express consent to its distribution, or which is free of any rights.

The User undertakes, where applicable, to indemnify TUNDER for any damage directly or indirectly related to a breach of this warranty.

Any User who breaches the provisions of the CGU is liable to applicable civil and criminal proceedings.

10. Handling of complaints

TUNDER has set up a system allowing any User to bring to its attention, at the following email address, contact@tunder.co, any dispute, any complaint or any publication of a disputed nature on the Site / Platform of which they become aware.

Any User may also ask TUNDER to take appropriate measures, such as the removal of content protected by intellectual property rights, by bringing it to its attention by email and providing the following information:

• for natural persons: their surname, first name, home address and telephone number;
• for legal entities: 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 disputed (including, in particular, a reference to the legal provisions that the content is alleged to breach and supporting factual evidence);
• the date on which the disputed content was noticed;
• the URL of the disputed content.

11. Personal data, newsletter and telephone canvassing opt-out list

11.1 Personal data

When the User registers on the Site or the Platform, including through their Google account or their Apple account, their personal data is collected by TUNDER under the conditions described in the privacy policy, available here.

11.2 Newsletter

By accepting these terms, the User acknowledges that they authorize TUNDER to send them, at a frequency and in a form determined by TUNDER, a newsletter (information letter) that may contain information relating to its business.

They will be able to unsubscribe from the newsletter by clicking on the link provided for that purpose, included in each newsletter (information letter).

11.3 Partner offers

By ticking the box provided for that purpose or by expressly giving their consent to that end, the User agrees that TUNDER may send them, at a frequency and in a form determined by TUNDER, partner offers related to its business.

They may ask TUNDER to stop sending them these partner offers by clicking on the link provided for that purpose, included in each communication relating to partner offers.

12. Advertising

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 liable for the technical availability of websites or mobile applications operated by third parties (including its possible partners) that the User accesses through hypertext links on the Site / Platform.

TUNDER assumes no liability for the content, advertising, products and/or Features available on such third-party sites and mobile applications, which, it is reminded, 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 its possible partners) to whom the User concerned is directed through the Site / Platform, and cannot under any circumstances be a party to any dispute with these third parties concerning, in particular, the delivery of products and/or Features, warranties, representations and any other obligations by which these third parties are bound.

14. Governing law and jurisdiction

The CGU are governed by French law.

Failing an amicable resolution, any dispute relating to the interpretation and performance of the CGU will be brought before the Paris Commercial Court (tribunal de commerce de Paris).