Terms and Conditions of Use

1. Relationship Between You and I-Percut

These I-Percut Terms and Conditions of Use for Products and Services (the "I-Percut Terms of Service") constitute the contractual terms between You (hereinafter "You", "Your", "Yours") and I-PERCUT SAS (hereinafter "I-Percut", "We", "Our", "Us").

By using I-Percut Products and Services, including websites, Applications, Software Products, Connected Products, hosting services, Application Programming Interfaces, or any other service provided by I-Percut (hereinafter the "Products and Services"), You expressly agree to these I-Percut Terms of Service.

The I-Percut Terms of Service form a contract between You and I-Percut. The term "I-Percut" includes each entity of the I-Percut group as designated in the documents listed below. Any reference to an affiliate of the I-Percut group shall be considered applicable only to the document for which that affiliate is specifically designated as a co-contractor. These I-Percut Terms of Service shall prevail over any other I-Percut Terms of Service document regarding their subject matter.

The I-Percut Terms of Service include:

• General Terms of Use for Applications

• General Terms of Use for Software

• General Terms of Sale

• Privacy Policy

• Cookie Management Policy

These apply to all I-Percut Products and Services.

I-Percut Connected Products (the "Products"), as described in their user guides, must be used in accordance with their user guides. You can find all user guides on Our Help Center for I-Percut Products and Services.

As a User of the Products and Services, You acknowledge and warrant that:

• You have obtained and read a copy of these I-Percut Terms of Service; and

• You possess these I-Percut Terms of Service on a durable medium. A durable medium is defined as any instrument enabling a consumer or professional to store information addressed personally to them, so that it can be accessed later for a period suitable for the purposes for which the information is intended, and which allows the reproduction of the stored information in an unchanged form; and

• You are of legal age or authorized under the laws of Your country of residence to enter into these I-Percut Terms of Service.

Any objection or dispute from You regarding these I-Percut Terms of Service shall be interpreted as a refusal to consent to these I-Percut Terms of Service.

IF YOU DISAGREE WITH THESE I-PERCUT TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE I-PERCUT PRODUCTS OR SERVICES.

2. Modifications to the I-Percut Terms of Service

The parties understand and acknowledge that I-Percut reserves the right at any time to modify all or part of these I-Percut Terms of Service, to integrate changes required by law or any other applicable regulation, any modification of I-Percut Products and Services, or any event deemed sufficiently adequate by I-Percut to require such modifications.

Any new version of the I-Percut Terms of Service shall not apply retroactively but shall replace and supersede the previous I-Percut Terms of Service.

We recommend that You frequently review the I-Percut Terms of Service and save each version on a durable medium at Your convenience.

3. General Provisions

Force Majeure

Any event that is deemed unpredictable, irresistible, and external, and that prevents I-Percut from fulfilling its obligations under these I-Percut Terms of Service, is considered a Force Majeure Event ("Force Majeure Event").

The following events are specifically considered Force Majeure Events: strikes, floods, fires, lockdowns, disruptions and failures in transport services, difficulties in the supply of raw materials or energy, any communication interference causing difficulties in fulfilling an obligation or performing any obligation required by these I-Percut Terms of Service, which shall be suspended for the duration of the Force Majeure Event.

The performance of such an obligation shall immediately resume once the cause of the Force Majeure Event ceases.

Entire Agreement

These I-Percut Terms of Service constitute the entire agreement between You and Us, and cancel, exclude, and replace any prior commitment on this subject.

Severability

If any provision of these I-Percut Terms of Service is deemed invalid or unenforceable by a competent court or jurisdiction, the invalid or unenforceable part or provision shall be deemed unwritten.

Waiver

No failure, delay, or partial performance by I-Percut of any right provided for in any of the provisions of these I-Percut Terms of Service shall be construed as a waiver by I-Percut to subsequently invoke that provision or to rely on the other party's failure to comply with that provision.

Evidence - Electronic Communication

Any notification or communication between You and I-Percut may be made by any electronic means. Thus, You are fully informed that I-Percut may communicate information to You by any electronic and dematerialized means that can be directly or indirectly linked to Your I-Percut Account for the Products and Services.

Jurisdiction - Dispute Resolution

In the event of any dispute or controversy between I-Percut and You arising out of or in connection with Your use of Products or Services provided by I-Percut, the parties shall act in good faith, promptly, and prior to any legal action, to attempt to resolve the dispute through an amicable procedure or through extrajudicial dispute resolution.

These I-Percut Terms of Service are governed by French law. In the event of a dispute arising from Your use of Products or Services provided by I-Percut, the parties undertake to seek an amicable solution before any legal action. In the event of a dispute, only the French courts shall have jurisdiction.
 
If, despite all Our efforts to meet Your expectations, You do not obtain satisfaction from Our Customer Service, You may use the services of a consumer mediator free of charge. The Paris Mediation and Arbitration Center will assist You in Your steps if You contact them: (i) via their online form (www.cmap.fr), or (ii) by email at consommation@cmap.fr, or (iii) by mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.

The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here.

I-Percut Application Terms of Use

1. Relationship Between You and I-Percut

These I-Percut Application Terms of Use for Products and Services (the "I-Percut Application Terms of Use") constitute the contractual terms between You (hereinafter "You", "Your", "Yours") and I-PERCUT SAS (hereinafter "I-Percut", "We", "Our", "Us").

By downloading, installing, connecting, and/or using an I-Percut Application ("Application"), You expressly agree to the I-Percut Application Terms of Use.

These I-Percut Application Terms of Use are a subset of the I-Percut Terms of Service. The I-Percut Application Terms of Use shall prevail over any other I-Percut Terms of Service document regarding their subject matter.

An Application (hereinafter "Application") is a software application developed by or for I-Percut, consisting of a graphical interface (and other Application Components as defined below), accessible notably from Your Smartphone, from which You interact with the various features made available to You by the Application, allowing You in particular to record, store, access, and use Your data, including Personal Data.

As a User, You acknowledge and warrant that:

• You have obtained and read a copy of these I-Percut Application Terms of Use; and

• You possess these I-Percut Application Terms of Use on a durable medium; and

• You are of legal age or authorized under the laws of Your country of residence to enter into these I-Percut Application Terms of Use; and

• You have the right to access and use the Applications.

Any objection or dispute from You regarding these I-Percut Application Terms of Use shall be interpreted as a refusal to consent to these I-Percut Application Terms of Use.

IF YOU DISAGREE WITH THESE I-PERCUT APPLICATION TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE APPLICATION AND YOU MUST UNINSTALL THE APPLICATION.

2. Definitions

"API" means the I-Percut Application Programming Interface for developers dedicated to I-Percut Products and Services, as specified in the applicable API contract.

"Products and Services" refers to Our Connected Products, Software, Applications (mobile and web applications, Software for the use of Products and Services, cloud services).

"Site" refers to the website(s) provided by I-Percut.

3. Modifications to the I-Percut Application Terms of Use

The parties understand and acknowledge that I-Percut reserves the right, at any time, to modify all or part of these Terms of Use of the I-Percut Application, to incorporate changes required by law, or any other applicable regulation, or any event deemed sufficiently relevant by I-Percut to warrant such modifications.

Any new version of the I-Percut Application Terms of Use will not apply retroactively but will replace and supersede the previous Terms of Use of the I-Percut Application.

We recommend that you frequently review the Terms of Use of the I-Percut Application and save each version on a durable medium at Your convenience.

Prerequisites for Use, Download, and Update of an Application

You must download the Application onto your personal device before using it. This device may be your personal smartphone or the web browser on your computer (hereinafter collectively referred to as the "Device"). Downloading the Applications and exchanging data between the Application and I-Percut servers requires an internet connection, which you must provide. However, some Applications may be used without an internet connection. The quality of your internet connection, as well as sufficient processor speed and performance of your Device, are essential conditions for optimal use of the Applications. Further details regarding the prerequisites are available on our website. For more information, please contact our customer service.

Your Device may not be compatible with the Application, even if you are able to download it onto your Device. Before any use, you must verify whether your Device and the Application and/or I-Percut Products are compatible.

You must comply with the terms of use applicable to the online store used to download the Application.
 
Updates to the Application will be carried out in accordance with the update policy issued by the manufacturer of your Device and/or the provider of your embedded system. Please note that updating the Application may include substantial changes to (1) the Application and/or (2) the features available on the Application. We cannot guarantee the continuity and availability of all features offered through the Application. Additionally, the features and availability of the Application may also depend on your location when downloading or connecting to the Application.

4. Your Use of the Applications

You must download, install, and use each Application in accordance with these I-Percut Application Terms of Use.

Data from an Application and presented to You through this Application may be inaccurate due to inappropriate use of the Application, a Product, or Your Device.

When using an Application, You must not:

• Use the Application in a manner contrary to laws and regulations, or to the rights of third parties, including intellectual property rights, or privacy rights, etc.; and

• Act in a way that could cause any harm to I-Percut, its affiliates, its partners, or any User of Our Products and Services, Applications, Software Products, Website, API; and

• Fraudulently introduce any data into an Application, a Website, an API, the Applications, and the Software Products; and

• Fraudulently introduce any data onto a Website or a data center of I-Percut; and

• Interfere with, hinder, or distort the proper functioning of the Application or the use of the Application in any way to harm the rights of third parties or I-Percut; and

• Undertake any action and/or use any method allowing data extraction, including any action of automatic data reading (Data scraping), data extraction (Data harvesting), data indexing (Web crawling) from the Software Product or from the databases allowing any direct or indirect migration and/or duplication of a significant part of the data and services accessible from the Application; and

• Probe, scan, and technically analyze the Application; and

• Test the vulnerability, performance, and functionality of the Application for any reason other than those necessary for the use of the Application; and

• Violate any security measure implemented by I-Percut in the Application; and

• Use any illegitimate means to breach any authentication method implemented by I-Percut to allow a User to connect to the Application.

5. Connection and Identification

Your identification through an I-Percut account for Products and Services (hereinafter the "Account") is required before any connection, access, and use of an Application. It is recalled that You can decide to use a pseudonym when creating Your Account.

By interconnecting an Application and a Product, You identify Yourself as a User of the Product. This connection allows You to:

• Link the data from the Product to Your Account; and

• Access Your data through the graphical interface of the Application; and

• Save Your Personal Data on I-Percut servers in accordance with I-Percut's Privacy Policy and its Supplement for I-Percut Products and Services.

If You create an Account, You must follow a set of necessary actions to prevent a third party from accessing Your Account. Therefore, You must ensure that Your password is sufficiently secure (containing a sufficient number of characters, a mixed base, and varied alphanumeric characters, etc.), and log out of Your session when You log out of the Site and/or the Application. You are solely responsible for access to Your Account and/or any other means made available to You to connect to the Site and/or the Applications. We remind You that access to Your Account may allow access to Your Personal Data. We strongly advise You to activate the functionality allowing You to add a second security password to log in to Your Account through the Application.

Any connection to Your Account by a third party to which You have given Your prior consent is Your responsibility. We cannot be held responsible for any communication of Personal Data to one or more third parties due to the implicit or explicit authorization that You have given to these third parties. Leaving the Application without logging out, or not adding a second security password, is considered an implicit authorization from You.

To facilitate access to the electronic system, We remind You that Your identification can be automated through the use of Cookies.

6. Intellectual Property - Application Usage License

The Application consists of elements such as texts, interfaces, photographs, graphics, images, navigation tools, trademarks, service marks, logos, designs and models, music, works of art, computer codes, software, fonts, or any other element contained in the Application (hereinafter the "Application Components"). The Application Components and all rights, including but not limited to titles and intellectual property rights, are the property of I-Percut and/or its licensors and Affiliates and are protected by the provisions of international treaties and any other applicable national law of the country in which they are used.

Subject to Your full compliance with the I-Percut Terms of Service, including these I-Percut Application Terms of Use, We, or any third party specifically designated for this purpose, grant You a personal, non-exclusive, non-transferable, non-assignable, and non-sublicensable license, revocable at any time by I-Percut at its sole discretion, to access and use the Application strictly and in accordance with the I-Percut Terms of Service. The use of the Application does not grant You any intellectual property rights through or over any information or content of the Application. The license granted under these I-Percut Application Terms of Use is strictly limited to the purpose of the I-Percut Terms of Service.

You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, perform reverse engineering, decompile, extract, or attempt to discover the source code of any software contained in the Application. If the Application consists of open-source licensed software, the terms of use of these licenses will apply.

No right or license, express or implied, is granted to You on any part of the Application except in the cases expressly stated in these terms. Furthermore, no license or immunity is granted due to the combination of the Application with other software or hardware not provided by I-Percut or its authorized distributors and resellers. Moreover, any license relating to a patent of I-Percut and/or one of its licensors, and/or its Affiliates and/or any third party (including essential patents) are specifically excluded from the I-Percut Terms of Service, including these I-Percut Application Terms of Use. Such licenses must be acquired separately from I-Percut or the respective rights holders. Unless otherwise indicated, the right thus granted may apply to any update and evolution of the Application. However, certain features may be accessible through a specific license, especially if these are published by third parties, although integrated within the Application. (Hereinafter "Third-Party Features")

7. Third-Party Features

We may integrate features or characteristics developed and provided by third parties into the Application to offer You additional features and characteristics.

The use of these Third-Party Features is carried out through a separate contractual commitment from these I-Percut Application Terms of Use. I-Percut, in its capacity as a third party to this agreement, cannot be held liable for the direct or indirect use of this Third-Party Feature.

8. Protection of Personal Data

For I-Percut, the protection of the privacy of its Users is of the utmost importance. We invite You to read Our Privacy Policy and Our Supplement for I-Percut Products and Services.

You have a right of access, rectification, and opposition to information concerning You by contacting Our customer service. You may also, for legitimate reasons, object to the processing of Personal Data concerning You.

9. Hosting

By using an Application, You authorize I-Percut, or any third party designated by I-Percut for this purpose, to store data from the use of a Product and/or an Application and/or the features permitted by a Product or an Application. Your data may not be accessible, and We cannot guarantee that Your data will be accessible forever.

Consequently, You must regularly make copies of Your data, in particular using the features made available to You within the Application.

10. Warranties

These provisions apply to:

• Applications

• Product Software

• Hosting services

• Their improvements.

These provisions do not apply to:

• Products.

Apart from the legal warranties that cannot be waived, the Site, Applications, Product Software, hosting services, API, and their improvements (hereinafter the "Means") are provided "as is", "as available", and "with all faults".

I-Percut does not provide any express or implied warranty of any kind regarding the Means. Thus, I-Percut does not guarantee, in particular, the merchantable quality, fitness for a particular purpose, or non-infringement of the Means. We do not guarantee that the Means, or any content, service, or functionality of the Means, including any information and documents downloaded by You, are free of errors or anomalies, or that they will be corrected.

I-Percut disclaims any liability for any direct or indirect damage that You suffer in connection with Your use of a Means. You must assume responsibility for Your use of the Means. Your sole recourse against I-Percut for any dissatisfaction concerning all or part of the Means or any content directly or indirectly related to a Means is to stop using the Means. This limitation of liability is an essential condition of the agreement between the parties without which the parties would not have entered into such an agreement.

11. General Provisions

Force majeure

Any event that is deemed unpredictable, irresistible, and external, and that prevents Us from fulfilling Our obligations under these I-Percut Application Terms of Use, is considered a Force Majeure Event ("Force Majeure Event").

The following events are specifically considered Force Majeure Events: strikes, floods, fires, lockdowns, disruptions and failures in transport services, difficulties in the supply of raw materials or energy, any communication interference causing difficulties in fulfilling an obligation or performing any obligation required by these I-Percut Application Terms of Use, which shall be suspended for the duration of the Force Majeure Event.

The performance of such an obligation shall immediately resume once the cause of the Force Majeure Event ceases.

Entire Agreement

These I-Percut Application Terms of Use constitute the entire agreement between You and Us, and cancel, exclude, and replace any prior commitment on this subject. You acknowledge that other I-Percut Terms of Service documents may also apply when You are subject to these I-Percut Application Terms of Use.

Severability

If any provision of these I-Percut Application Terms of Use is deemed invalid or unenforceable by a competent court or jurisdiction, the invalid or unenforceable part or provision shall be deemed unwritten.

Waiver

No failure, delay, or partial performance by I-Percut of any right provided for in any of the provisions of these Application Terms of Use shall be construed as a waiver by I-Percut to subsequently invoke that provision or to rely on the other party's failure to comply with that provision.

Evidence - Electronic Communication

Any notification or communication between You and I-Percut may be made by any electronic means. Thus, You are fully informed that I-Percut may communicate information to You by any electronic and dematerialized means that can be directly or indirectly linked to Your I-Percut Account for the Products and Services.

Jurisdiction - Dispute Resolution

In the event of any dispute or controversy between I-Percut and You arising out of or in connection with Your use of a Product or Service provided by I-Percut, the parties shall act in good faith, promptly, and prior to any legal action, to attempt to resolve the dispute through an amicable procedure or through extrajudicial dispute resolution.

These I-Percut Terms of Use are governed by French law. In the event of a dispute arising from Your use of Products or Services provided by I-Percut, the parties undertake to seek an amicable solution before any legal action. In the event of a dispute, only the French courts shall have jurisdiction.

If, despite all Our efforts to meet Your expectations, You do not obtain satisfaction from Our Customer Service, You may use the services of a consumer mediator free of charge. The Paris Mediation and Arbitration Center will assist You in Your steps if You contact them: (i) via their online form (www.cmap.fr), or (ii) by email at consommation@cmap.fr, or (iii) by mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.

The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here.

I-Percut Product Software Terms of Use

1. Relationship Between You and I-Percut

These I-Percut Product Software Terms of Use for Products and Services (the "I-Percut Product Software Terms of Use") constitute the contractual terms between You (hereinafter "You", "Your", "Yours") and I-PERCUT SAS (hereinafter "I-Percut", "We", "Our", "Us").

By downloading, installing, connecting, and/or using I-Percut Connected Products and Product Software, You expressly agree to these I-Percut Product Software Terms of Use.

The use of I-Percut Connected Products is explained in the user guide provided with each I-Percut Connected Product ("Product"). You can also find Our user guides in the Help Center for I-Percut Products and Services.

These I-Percut Product Software Terms of Use are a subset of the I-Percut Terms of Service. The I-Percut Product Software Terms of Use shall prevail over any other I-Percut Terms of Service document regarding their subject matter.

Product Software (hereinafter "Product Software") is software developed by or for I-Percut to enable interaction between Your smartphone, the servers, and the Products. Product Software is designed to be integrated into a specific Product so that You can use the Product as described in the user guide provided with each Product.

As a User, You acknowledge and warrant that:

• You have obtained and read a copy of these I-Percut Product Software Terms of Use; and

• You possess these I-Percut Product Software Terms of Use on a durable medium, including by physically printing them; and

• You are of legal age or authorized under the laws of Your country of residence to enter into these I-Percut Product Software Terms of Use; and

• You have the right to access and use Product Software.

Any objection or dispute from You regarding these I-Percut Product Software Terms of Use shall be interpreted as a refusal to consent to these I-Percut Product Software Terms of Use.

IF YOU DISAGREE WITH THESE I-PERCUT PRODUCT SOFTWARE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE PRODUCT SOFTWARE AND YOU MUST UNINSTALL THE PRODUCT SOFTWARE.

2. Definitions

"API" means the I-Percut Application Programming Interface for developers dedicated to I-Percut Products and Services, as specified in the applicable API contract.

"Products and Services" refers to Our Connected Products, Software, Applications (mobile and web applications, Software for the use of Products and Services, cloud services).

"Site" refers to the website(s) provided by I-Percut.

3. Modifications to the Product Software Terms of Use

The parties understand and acknowledge that I-Percut reserves the right, at any time, to modify all or part of these Product Software Terms of Use, to incorporate changes required by law, or any other applicable regulation, or any event deemed sufficiently relevant by I-Percut to warrant such modifications.

Any new version of the I-Percut Product Software Terms of Use will not apply retroactively but will replace and supersede the previous Product Software Terms of Use.

We recommend that you frequently review the I-Percut Product Software Terms of Use and save each version on a durable medium for your records.

Prerequisites for Use, Download, and Update of Product Software

You can use the Product Software as soon as You have turned on Your I-Percut Product. Before using and installing Your Product, You will need to download an Application. This Application is subject to the Application Terms of Use. The installation process will guide You until the installation of the Product Software allows normal use of the Product as described in the user guide provided with each Product.

Downloading the Product Software, and the exchange of data between the Product, the Application, and I-Percut servers, require an Internet connection that You must provide. The quality of Your Internet connection as well as sufficient processor speed and performance of Your device are essential conditions for optimal use of the Product Software. The device can be Your personal smartphone or the web browser of Your computer (the "Device"). More details regarding the prerequisites are available on Our website. For more information, please contact Our customer service.

The Product Software is regularly updated through automated means, without You being previously notified of this update. If You do not wish for Your Product to be updated, You must uncouple it from the Application and prohibit any connection between the Product and the Internet. Some features of Your Product may no longer be available.

We inform You that the update of the Application may include substantial modifications to (1) the Product Software and/or (2) the features available through the Product. We cannot guarantee the continuity and availability of all features available through the Product Software and the Product. Furthermore, the features and availability of the Product Software may also depend on Your location of download, connection, and/or use of the Product.

4. Your Use of Product Software

You must download, install, and use each Product Software in accordance with these I-Percut Product Software Terms of Use.

Data from the Product Software and presented to You through this Product Software may be inaccurate due to inappropriate use of the Product Software, a Product, or Your Device.

When using Product Software, You must not:

• Use the Product Software in a manner contrary to laws and regulations, or to the rights of third parties, including intellectual property rights, or privacy rights, etc.; and

• Act in a way that could cause any harm to I-Percut, its affiliates, its partners, or any User of Our Products and Services, Applications, Product Software, Website, API; and

• Fraudulently introduce any data into an Application, a Website, an API, the Applications, and the Product Software; and

• Fraudulently introduce any data onto a Website or a data center of I-Percut; and

• Interfere with, hinder, or distort the proper functioning of the Product Software or the use of the Product Software in any way to harm the rights of third parties or I-Percut; and

• Undertake any action and/or use any method allowing data extraction, including any action of automatic data reading (Data scraping), data extraction (Data harvesting), data indexing (Web crawling) from the Product Software or from the databases allowing any direct or indirect migration and/or duplication of a significant part of the data and services accessible from the Product Software; and

• Probe, scan, and technically analyze the Product Software; and

• Test the vulnerability, performance, and functionality of the Product Software for any reason other than those necessary for the use of the Product Software; and

• Violate any security measure implemented by I-Percut in the Product Software; and

• Use any illegitimate means to breach any authentication method implemented by I-Percut to allow a User to connect to the Product Software.

5. Connection and Identification

Your identification through an I-Percut account for Products and Services (hereinafter the "Account") is required before any connection, access, and use of any Product Software. It is recalled that You can decide to use a pseudonym when creating Your Account.

By interconnecting an Application and a Product, You identify Yourself as a User of the Product. This connection allows You to:

• Link the data from the Product to Your Account; and

• Access Your data through the graphical interface of the Application; and

• Save Your Personal Data on I-Percut servers in accordance with I-Percut's Privacy Policy and its Supplement for I-Percut Products and Services.

If You create an Account, You must follow a set of necessary actions to prevent a third party from accessing Your Account. Therefore, You must ensure that Your password is sufficiently secure (containing a sufficient number of characters, a mixed base, and varied alphanumeric characters, etc.), and log out of Your session when You log out of the Site and/or the Application. You are solely responsible for access to Your Account and/or any other means made available to You to connect to the Site and/or the Applications. We remind You that access to Your Account may allow access to Your Personal Data. We strongly advise You to activate the functionality allowing You to add a second security password to log in to Your Account through the Application.

Any connection to Your Account by a third party to which You have given Your prior consent is Your responsibility. We cannot be held responsible for any communication of Personal Data to one or more third parties due to the implicit or explicit authorization that You have given to these third parties. Leaving the Application without logging out, or not adding a second security password, is considered an implicit authorization from You.

To facilitate access to the electronic system, We remind You that Your identification can be automated through the use of Cookies.

6. Subscription Management

Professional Customers

As a Professional Customer, You have the possibility to autonomously subscribe to our BASIC or PERFORMANCE pro subscriptions through the I-Percut Shop. Our pro subscriptions are detailed there, both in terms of the features offered and the associated pricing.

You can terminate your pro subscription at any time, also autonomously, via your member area, directly on the I-Percut Shop.

End Users

As an End User of our I-Percut mobile Application, the Freemium and Premium versions are downloadable directly from "Google Play" and "Apple Store", where You can also terminate your subscription at any time.

7. Intellectual Property - Product Software Usage License

The Product Software consists of elements such as texts, interfaces, photographs, graphics, images, navigation tools, trademarks, service marks, logos, designs and models, music, works of art, computer codes, software, fonts, or any other element contained in the Product (hereinafter the "Product Software Components"). The Product Software Components and all rights, including but not limited to titles and intellectual property rights, are the property of I-Percut and/or its licensors and Affiliates and are protected by the provisions of international treaties and any other applicable national law of the country in which they are used. The structure, organization, and code of the Product Software are trade secrets and confidential information of I-Percut and/or its licensors and Affiliates.

Subject to Your full compliance with the Terms of Service, including these I-Percut Product Software Terms of Use, We, or any third party specifically designated for this purpose, grant You a personal, non-exclusive, non-transferable, non-assignable, and non-sublicensable license, revocable at any time by I-Percut at its sole discretion, to access and use the Product Software strictly and in accordance with the I-Percut Terms of Service. The use of the Product Software does not grant You any intellectual property rights through or over any information or content of the Product Software. The license granted under these I-Percut Product Software Terms of Use is strictly limited to the purpose of the I-Percut Terms of Service.

You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, perform reverse engineering, decompile, extract, or attempt to discover the source code of any software contained in the Product Software. If the Product Software consists of open-source licensed software, the terms of use of these licenses will apply.

No right or license, express or implied, is granted to You on any part of the Product Software except in the cases expressly stated in these terms. Furthermore, no license or immunity is granted due to the combination of the Product Software with other software or hardware not provided by I-Percut or its authorized distributors and resellers. Moreover, any license relating to a patent of I-Percut and/or one of its licensors, Affiliates, and any third party (including essential patents) are specifically excluded from the I-Percut General Terms of Service, including these I-Percut Product Software Terms of Use. Such licenses must be acquired separately from I-Percut or the respective rights holders. Unless otherwise indicated, the right thus granted may apply to any update and evolution of the Product Software.

8. Protection of Personal Data

For I-Percut, the protection of the privacy of its Users is of the utmost importance. We invite You to read Our Privacy Policy and Our Supplement for I-Percut Products and Services.

You have a right of access, rectification, and opposition to information concerning You. You may also, for legitimate reasons, object to the processing of Personal Data concerning You.

9. Hosting

By using an Application, You authorize I-Percut, or any third party designated by I-Percut for this purpose, to store data from the use of a Product and/or an Application and/or the features permitted by a Product or an Application. Your data may not be accessible, and We cannot guarantee that Your data will be accessible forever.

Consequently, You must regularly make copies of Your data, in particular using the features made available to You within the Application.

10. Warranties

These provisions apply to:

• Applications

• Product Software

• Hosting services

• Their improvements.

These provisions do not apply to:

• Products.

Apart from the legal warranties that cannot be waived, the Site, Applications, Product Software, hosting services, API, and their improvements (hereinafter the "Means") are provided "as is", "as available", and "with all faults".

I-Percut does not provide any express or implied warranty of any kind regarding the Means. Thus, I-Percut does not guarantee, in particular, the merchantable quality, fitness for a particular purpose, or non-infringement of the Means. We do not guarantee that the Means, or any content, service, or functionality of the Means, including any information and documents downloaded by You, are free of errors or anomalies, or that they will be corrected.

I-Percut disclaims any liability for any direct or indirect damage that You suffer in connection with Your use of a Means. You must assume responsibility for Your use of the Means. Your sole recourse against I-Percut for any dissatisfaction concerning all or part of the Means or any content directly or indirectly related to a Means is to stop using the Means. This limitation of liability is an essential condition of the agreement between the parties without which the parties would not have entered into such an agreement.

12. General Provisions

Force Majeure

Any event that is deemed unpredictable, irresistible, and external, and that prevents Us from fulfilling Our obligations under these I-Percut Product Software Terms of Use, is considered a Force Majeure Event ("Force Majeure Event").

The following events are specifically considered Force Majeure Events: strikes, floods, fires, lockdowns, disruptions and failures in transport services, difficulties in the supply of raw materials or energy, any communication interference causing difficulties in fulfilling an obligation or performing any obligation required by these I-Percut Product Software Terms of Use, which shall be suspended for the duration of the Force Majeure Event.

The performance of such an obligation shall immediately resume once the cause of the Force Majeure Event ceases.

Entire Agreement

These I-Percut Product Software Terms of Use constitute the entire agreement between You and Us, and cancel, exclude, and replace any prior commitment on this subject. You acknowledge that other Terms of Service documents may also apply when You are subject to these I-Percut Product Software Terms of Use.

Severability

If any provision of these I-Percut Product Software Terms of Use is deemed invalid or unenforceable by a competent court or jurisdiction, the invalid or unenforceable part or provision shall be deemed unwritten.

Waiver

No failure, delay, or partial performance by I-Percut of any right provided for in any of the provisions of these Product Software Terms of Use shall be construed as a waiver by I-Percut to subsequently invoke that provision or to rely on the other party's failure to comply with that provision.

Evidence - Electronic Communication

Any notification or communication between You and I-Percut may be made by any electronic means. Thus, You are fully informed that I-Percut may communicate information to You by any electronic and dematerialized means that can be directly or indirectly linked to Your I-Percut Account for the Products and Services.

Jurisdiction - Dispute Resolution

In the event of any dispute or controversy between I-Percut and You arising out of or in connection with Your use of a Product or Service provided by I-Percut, the parties shall act in good faith, promptly, and prior to any legal action, to attempt to resolve the dispute through an amicable procedure or through extrajudicial dispute resolution.

These I-Percut Terms of Service are governed by French law. In the event of a dispute arising from Your use of Products or Services provided by I-Percut, the parties undertake to seek an amicable solution before any legal action. In the event of a dispute, only the French courts shall have jurisdiction.

If, despite all Our efforts to meet Your expectations, You do not obtain satisfaction from Our Customer Service, You may use the services of a consumer mediator free of charge. The Paris Mediation and Arbitration Center will assist You in Your steps if You contact them: (i) via their online form (www.cmap.fr), or (ii) by email at consommation@cmap.fr, or (iii) by mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.

The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here.

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