GENERAL CONDITIONS OF USE OF PHONILAB SERVICES

The website www.phonilab.fr, www.phonilab.com, www.phonilab.app, hereinafter referred to as the “Site,” is owned by the company “SAS SYSTEMIO,” hereinafter referred to as the “Company,” and is governed by the Company’s General Terms and Conditions of Use. The term “Customer” is also hereinafter referred to as “Client,” meaning any person who benefits from, or wishes to benefit from, the Services available on this Site, or who requests to be contacted by the Company.

The term “Service” (or “Services”) is used for each transaction or action performed by the Customer on the Site. For example, this Service may include subscribing to a plan, subscribing to an option, requesting a trial, requesting a quote, creating an account, or using the customer account on the Site.

All information on the Site, including these General Terms and Conditions, is translated from French to english. In the event of any confusion, misinterpretation, mistranslation or otherwise, the meaning in French prevails. The Client declares that he has full legal capacity to enter into a commitment under these General Conditions.

The “Company” has a share capital of 1,000 Euros and its registered office is located at 80, rue du Dr. Bauer, 93400, Saint-Ouen, France. The “Company” is registered with the Bobigny Trade and Companies Register under number 933 352 403.

Each Client using one or more Services available on the Site acknowledges having read and definitively and unreservedly accepted these General Terms and Conditions. These General Terms and Conditions summarize the obligations and rights of the Client and the Company. The Company reserves the right to modify these General Terms and Conditions without prior notice or notification to the Client.

These General Terms and Conditions are subject to French law. The relationship between the parties is therefore governed by French law and French jurisdiction.

The Customer acknowledges, in accordance with ARTICLE 1369-4 of the French Civil Code, that on this Site, they have access to:

– The contractual conditions applicable to the Service, which the Customer may retain

– The various steps to follow to conclude this Service contract and the Contractual Documents

– The possibility, before concluding the Service contract, to identify and correct any errors made in these information

Furthermore, the Customer acknowledges having read:

– The essential characteristics of the proposed Service

– The payment conditions and provision terms of the Service

– The absence, given the specific conditions of provision of the Service, of a right of withdrawal

– The duration of the validity of the Service and its price, particularly for subscriptions and paid options

– The cost of using the remote communication technology used when it is not calculated by reference to the base rate

– The minimum price for concluding the proposed Service contract

Any Service signed by the Client by clicking constitutes irrevocable acceptance that may only be challenged within the limits set forth in these General Terms and Conditions.

The “click” associated with the validation and non-repudiation procedure and the protection of message integrity constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature. The Client’s electronic acceptance marks the beginning of the contract between the Client and the Company.

The Service will only become effective after registration for the Service, payment of the Service price, and acceptance of the Client’s registration by the Company. The provisioning of the Service will become effective 7 days after the Service becomes effective. However, the Company does not commit to a minimum period for provisioning the Service to the Client in the event of a temporary problem and does not grant the Client any right of withdrawal. The Company reserves the right to approve or reject the contract with a Client.

The General Terms and Conditions regarding the Service contract are entered into for the duration of access to this Service, which begins on the date the Service is requested and is for an unlimited period.

The Customer may terminate a Service automatically and without compensation upon termination for a subscription to a paid subscription or option, or immediately for other Services, as desired, with 15 days’ notice. However, the Company requires its Customer to use all elements of its offer (subscription duration and/or option, as well as SMS messages) remaining on the Company’s account prior to termination of the contract and will not, under any circumstances, refund unused elements.

The Company may also terminate a Service for a Customer automatically and without compensation, particularly when the Customer does not use his account. In this case, the Company will only refund the Customer for the remaining elements (subscription duration and/or paid option, as well as SMS messages) remaining in the Customer’s account, in proportion to the price paid for the subscribed Service.

The contractual information between the Company and the Client regarding the contract established between these two parties is governed by the following documents:

– The description of the Service as provided on the Website

– The pricing conditions for the Service available on the Website

– These General Terms and Conditions available on the Website.

In the event of a contradiction between one or more provisions contained in any of the contractual documents mentioned above, the provision most favorable to the Company shall prevail.

Furthermore, any documents from the data archive in the Company’s computing systems may also constitute legal evidence of the communications, Service contracts, and payments made between the Client and the Company.

A- If a Service must be withdrawn from sale for any reason, including the unavailability of the subscription or a paid option for more than two months, the Company will remove the Service from sale, suspend, or terminate the current Services as soon as possible. Withdrawing the Service from sale does not give the Customer any right of action, and the Company is only responsible for refunding the remaining balance to be used on the Customer’s account in proportion to the price paid by the Customer to the Company.

B- The descriptions (texts, graphics, information, and characteristics) illustrating the Company’s Services are provided for informational purposes only. In the event of a description error (in the texts, graphics, information, or characteristics of the Services) or a misunderstanding by the Customer of these descriptions, the Company shall not be held liable.

C- It is imperative that the Customer provides current, complete, and accurate information on the Site and maintains it with the Company in the areas reserved for the Customer. The Customer is responsible for the accuracy and completeness of this information and assumes full and personal responsibility for any inaccurate information (the Company shall not be held liable in this case). The Company reserves the right to suspend the Service for a Customer until the Customer completes or corrects all the information in question. The Company will not refund the Customer if the Customer refuses to complete or correct the mandatory information, and such refusal does not grant the Customer any right of withdrawal.

D- The Company makes every effort to ensure the proper functioning of the Service and to assist its Customers. However, the Company does not guarantee the Customer that the Service or customer support provided will be uninterrupted. The Company will make every effort to restore the Service in accordance with current practices in the computing and telecommunications industry. The Company cannot provide any guarantee regarding the quality of the Services such as outages, disruptions, or malfunctions of electronic communications.

E- The Client is responsible for all actions that occur while logging into the Site and using the Company’s Services, as well as for the confidentiality of all their information, such as logins and passwords. The Company is not responsible for any loss or theft of their information resulting from the use or modification of their Client account. In the event of theft or loss of a Client’s information, the Client must immediately and promptly notify the Company in order to suspend their account, providing the necessary evidence to prove their identity.

F- The Company has the right to use Client information and disclose it to a third party, within the limits permitted by law and regulations on the protection of privacy, to respond to legal administrative requests, to ensure the Company’s proper use of the Service in cases of legitimate concerns, and to protect its computer systems and communications infrastructure.

G- The Client undertakes to the Company not to intercept or alter any electronic communication (e.g., data or voice) not originally intended for the Client. It is prohibited to publish, in any form, illegal content and/or content that may harm the Company or a third party. Furthermore, the Client must not submit advertising or unauthorized content to the Company’s Site. The Client is also prohibited from reproducing or using the content of this Site without prior authorization from the Company.

H- The Client certifies that they understand how the Company’s Services operate and that they have sufficient knowledge (technical and otherwise) to subscribe to and use these Services. In the event of a lack of knowledge, the Company may provide its expertise as part of the customer service provided by the Company to assist the Client in operating the Service in question, without this constituting an obligation for the Company or granting the Client the right of withdrawal and reimbursement.

I- In the event of non-payment of the Service Price, non-use of the Service, or at the end of the subscription period for a Service, the Company reserves the right to suspend or limit the Client’s access to the Site’s content. The Company also reserves the right to retain the Client’s data and to request information from the Client within the limits permitted by law and regulations on the protection of privacy.

J- The Company is entitled to transfer the contractual relationship to another company. The Client declares to be informed of this possibility and accepts it without limitation or reservation, regardless of the identity of the transferee.

K- The Client, when subject to French regulations, is informed that the Site does not issue electronic invoices (e-invoicing) and does not provide electronic declarations of the company’s finances (e-reporting). The Client, located in France, is also informed that the Site is not certified by an organization authorized to certify cash register software.

L- The Client, when subject to French regulations, declares that it is aware of its responsibility with regard to the 2016 Finance Act and French laws/regulations to combat VAT fraud and ensure the compliance of its cash register systems.

M- The Client, when subject to French regulations, declares that it is aware of its obligation to regularly archive its invoicing and collection data and to retain these archives for 7 years. It declares that it is aware of the methodology to follow for creating legal archives, particularly in the Reports menu, Invoices submenu, Legal Archiving function.

N- The Company undertakes to save its clients’ invoicing and collection data for 7 years. It also undertakes to allow Clients and the tax authorities to extract legal archives for the last 7 years, including in the case of a client who has ceased to use the Company’s Service.

O- The Company also undertakes to provide the Client and the tax authorities with a tool for verifying the integrity of legal archives and to communicate to them the procedures for carrying out this verification, including when a Client has ceased to use the Company’s Service.

The prices indicated on the Company’s Site are exclusively in Euros and are suffixed with the words “inclusive of all taxes” or “exclusive of taxes”. If no mention is made (excluding or exclusive of taxes), the prices are by default exclusive of taxes (excluding taxes).

The Company reserves the right to modify its prices at any time, without prior notice to Customers. However, the Company undertakes to apply the current prices indicated on the Site at the time of subscription to the Service. The Customer, for their part, undertakes to regularly consult the pricing information on the Site to be informed of such changes.

If the Customer fails to accept these new prices, the Customer has the right to terminate the Service contract at the end of the offer or plan term.

Only persons with the legal capacity to subscribe to the Company’s Services may do so. The Client guarantees that they have full legal capacity to adhere to these General Terms and Conditions and thus enter into this contract. The Client must use the Company’s Services only for lawful purposes.

The Company grants and consents to the Client a personal, non-exclusive, and non-transferable right of use for the entire duration of the contract. Furthermore, all visible and invisible parts of the Company’s Services (such as programs, processes, designs, software, technologies, trademarks, trade names, inventions, and materials) are the sole property of the Company.

It is strictly prohibited to sublicense the Company’s Services, grant them free of charge or for a fee, reproduce them, or rent them to a third party without the Company’s written authorization.

Amounts due for paid Services are in Euros. Payment for Services is made either by credit card or bank transfer. The full amount of the Service is due immediately upon subscription to the paid Service.

The bank card is debited immediately upon validation of the Customer’s payment.

Online payment data by credit card is fully secure and encrypted. Information exchanged between the Company’s Site and the partner payment site is protected against hacking attempts.

The Customer expressly authorizes the Company not to send them any invoices. All information resulting from the use of the Company’s Services, such as the prices of offers and subscriptions, is available on the Site.

In the event of a payment rejection, the Customer will receive a rejection notification. The Customer then has 48 hours to resolve the situation before the Company suspends their subscription.

The Company reserves the right to refuse to provide, even after acceptance of the payment transaction, a Service from a Customer with whom a dispute has not been resolved.

To limit the risk of fraud, the Company may conduct checks on the validity of payments made. If a suspicious transaction is detected, the Customer is notified to send supporting documents (a legible photocopy of both sides of an identity document, a KBIS (Business Registration Number), and proof of address) to the Company to enable final validation of their subscription. The Company reserves the right to suspend the Customer’s account until it receives the requested documents. If the supporting documents are not received within 72 hours and a case of fraud is detected, the Company may contact the relevant authorities before deciding to unblock the Customer’s account.

If a Service no longer functions or functions only partially for any reason, the Customer may only request a refund if the malfunction lasts more than two months. The Customer may only request a refund for the faulty Service or option, not for all Services. The Company then only undertakes to reimburse the remainder to be used on the Client’s account in proportion to the price paid by the Client for the Company.

The Company undertakes to take all reasonable care in the provision of the Service offered to the Client, so its obligation is only an obligation of means. In any event, it shall not be held liable for any breach of its contractual obligations due to an act of force majeure such as, but not limited to, disasters, strikes, fires, floods, equipment failure or breakdown, transportation, or communication, in the event of a loss of connection with the banking system, in the event of a problem with a financial transaction, or due to the Client’s actions.

The liability of each party is limited to compensation for direct damages caused to the other party, excluding indirect losses. By express agreement, indirect losses include, but are not limited to, operating losses, loss of goodwill, loss of profits, and loss of customers.

Furthermore, the Company strives to ensure that the information contained on its Site is accurate and reliable. However, errors may occur. Therefore, the information is provided “as is” without any warranty. The Company disclaims all warranties, express or implied, regarding the information referenced on the Company Site, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company reserves the right to modify the information contained on its Website without notifying its Clients or prospects. Under no circumstances shall the Company be liable for any direct, special, incidental, or consequential damages arising from the use of, or payments based on, the information contained on the Company Website.

Finally, the Client acknowledges and accepts the risks linked to the specificities of the Internet and electronic communication networks and in particular possible transfers to all countries and the fact that information relating to personal data concerning him may be captured and/or transferred, in particular to countries which do not ensure an adequate level of protection of personal data.

The Client represents and warrants that they are fully aware of the characteristics and constraints of the Internet and electronic communications networks, and in particular that the transmission of data and information is technically unreliable. The Client acknowledges that any website may be subject to unauthorized third-party intrusion and may be corrupted as a result, and that information circulating on the Internet is not protected against possible misappropriation (open access) or viruses. The Company shall not be held liable for the malfunction of foreign networks.

The Client undertakes to comply with all contractual, legal, and regulatory regulations and instructions for the use of the Services and to use the Services in an appropriate and legal manner. The Client is informed that, under certain circumstances, it is prohibited by law to disseminate unsolicited information and services, for example, by email, SMS, telephone, or fax.

The Client must inform the Company without undue delay by any means of any change in its contact information relevant to the performance of the contract, including its company name, legal form, registered office, billing address, contact details, and any essential information, as well as any fundamental change in its financial situation, such as the initiation of insolvency proceedings or enforcement proceedings against it.

The Client, when subject to French regulations, represents and warrants that it is fully aware of its responsibilities under French finance laws and laws and regulations to combat VAT fraud.

The Company processes all information concerning the Client with the strictest confidentiality. When subscribing, the Company only requests the Client’s information essential for quality processing and proper monitoring of the Service.

Clients’ personal data is stored in accordance with legal provisions for the purpose of managing the business relationship. The storage and use of this data is used to establish, design, and execute the contractual relationship, provide Services, and bill for these Services.

The Client has the right to access, modify, rectify, limit, transfer, and delete their data at any time, in accordance with applicable regulations and laws.

The Client agrees to the transfer of their personal data by the Company to third parties that the Company uses to fulfill its contractual obligations towards the Client, provided that this is necessary for the performance of the contractual relationship with the Client and/or for the collection of unpaid amounts from the Client. To the extent that this revocation makes it impossible for the Company to perform the contract, the latter shall have the right to extraordinary termination of the Service contract. If personal data is transferred outside the European Union, the Company undertakes to have its partners sign the European Commission’s “standard contractual clauses.”

The Company also offers Clients the opportunity to receive promotional offers from its partners. The Client may opt out of receiving future newsletters, promotional offers, and special offers from its partners.

All information held by the Company about a Client is processed in accordance with the Company’s privacy policy.