TERMS OF USE

⚠️ This is an unofficial translation provided for convenience only. Only the French version (Conditions Générales d'Utilisation) is legally binding.

1. RELATIONSHIP BETWEEN YOU AND I-PERCUT

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

By using I-Percut's Products and Services, including the websites, Applications, Product Software, 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 Services Terms of Use.

The I-Percut Services Terms of Use are a contract between You and I-Percut. The use of the term I-Percut must be understood as including each entity of the I-Percut group as designated in each of the documents listed below. Any reference to an affiliate of the I-Percut group must be considered as only applicable to the document for which this affiliate is specifically designated as co-contractor. These I-Percut Services Terms of Use prevail over any other I-Percut Services Terms of Use document regarding their purpose.

The I-Percut Services Terms of Use include:

General Terms of Use for applications
General Terms of Use for software
Terms of Sale
Privacy Policy
Cookie Policy

And this applies to all I-Percut Products and Services.

I-Percut's Connected Products (the "Products"), as described in their user guide, must be used in accordance with their user guide. You can find all user guides in Our I-Percut Help Centre.

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

That You have obtained and read a copy of these I-Percut Services Terms of Use; and
To be in possession of these I-Percut Services Terms of Use on a durable medium. A durable medium must be understood as any instrument enabling the consumer or professional to store information addressed to them personally, in order to be able to refer to it later for a period of time appropriate to the purposes for which the information is intended and which allows the identical reproduction of the stored information; and
To be of legal age or authorized according to the laws of Your country of residence to enter into these I-Percut Services Terms of Use.

Any objection or dispute on Your part regarding these I-Percut Services Terms of Use will be interpreted as a refusal to consent to these I-Percut Services Terms of Use.

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

2. MODIFICATIONS TO THE I-PERCUT SERVICES TERMS OF USE

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

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

We recommend that You frequently consult the I-Percut Services Terms of Use and save, at Your convenience, each version on a durable medium.

3. GENERAL PROVISIONS

FORCE MAJEURE

Any event that is deemed to be unpredictable, irresistible, and external and that prevents I-Percut from fulfilling its obligations in accordance with the I-Percut Services Terms of Use is considered a Force Majeure event ("Force Majeure Event").

The following events are specifically considered as Force Majeure Events: strikes, floods, fires, lockdowns, disruption and failure in transport services, difficulties in supplying raw materials or energy, any communication interference causing difficulties in fulfilling an obligation or executing any obligation required by the I-Percut Services Terms of Use which will then be suspended for the duration of the Force Majeure Event.

The execution of such an obligation will be immediately resumed once the cause of the Force Majeure Event ceases.

ENTIRE AGREEMENT

These I-Percut Services Terms of Use 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 Services 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.

NON-WAIVER

No failure, delay, or partial performance by I-Percut of one or more rights provided for by one of the provisions of these I-Percut Services Terms of Use shall be interpreted as implying a waiver by I-Percut to subsequently invoke this provision or to rely on the possible failure of the other party to this provision.

EVIDENCE – ELECTRONIC COMMUNICATION

Any notification or communication between You and I-Percut may be made by any electronic means. You are fully informed that I-Percut may communicate information to you by any electronic or 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 a dispute or disagreement between I-Percut and You resulting from or in connection with Your use of a Product or Service provided by I-Percut, the parties must, in good faith, in a timely manner, and prior to any legal action, attempt to resolve the dispute through an amicable procedure or through an out-of-court dispute resolution.

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

If, despite all Our efforts to meet Your expectations, You are not satisfied after contacting Our Customer Service, You can use the services of a consumer mediator free of charge. The Paris Centre for Mediation and Arbitration will assist You in Your steps if You contact them: (i) via their online form, or (ii) by email at consommation[at]cmap.fr, or (iii) by post or recorded delivery to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, France.

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.

TERMS OF USE FOR AN APPLICATION FOR I-PERCUT PRODUCTS AND SERVICES

1. RELATIONSHIP BETWEEN YOU AND I-PERCUT

These Terms of Use for an Application for I-Percut Products and Services (the "I-Percut Application Terms of Use") form 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 Services Terms of Use. The I-Percut Application Terms of Use prevail over any other I-Percut Services Terms of Use document regarding their purpose.

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, and from which You interact with the various features made available to You by the Application, allowing You in particular to record, store, access, use Your data, including Personal Data.

As a User, You acknowledge and warrant:

To have obtained and read a copy of these I-Percut Application Terms of Use and,
To be in possession of these I-Percut Application Terms of Use on a durable medium; and
To be of legal age or authorized according to the laws of Your country of residence to enter into these I-Percut Application Terms of Use; and
To have the right to access and use Applications.

Any objection or dispute on Your part regarding these I-Percut Application Terms of Use will 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 agreement.

"Products and Services" means our connected Products, Software, Applications (mobile and web application, software for use of the Products and Services, cloud services).

"Website" means the website(s) made available by I-Percut.

3. MODIFICATIONS TO THE I-PERCUT APPLICATION TERMS OF USE

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

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

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

PREREQUISITES FOR USING, DOWNLOADING, AND UPDATING AN APPLICATION

You must download the Application onto Your personal device before using it. This device can be your personal smartphone or your computer web browser (hereinafter collectively referred to as the "Device"). Downloading the Applications, and the exchange of data between the Application and I-Percut servers require an Internet connection that You must provide. However, some Applications can be used without an Internet connection. The quality of Your Internet connection as well as sufficient speed and performance of Your Device's processor are essential conditions for optimal use of the Applications. More details about 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 can download it onto Your Device. Before any use, it is necessary for You to check if 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.

The Application update 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. We inform You that the Application update may include substantial changes to (1) the Application and/or (2) the features available on the Application. We cannot guarantee You the continuity and availability of all features available through the Application. In addition, the features and availability of the Application may also depend on Your location for 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 improper 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; 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 into an I-Percut data center; 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 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 Application; and
Probe, scan, or 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
Breach 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. LOGIN 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 data from the Product to your Account; and
To have access to Your data through the Application's graphical interface; and,
To save your personal data on I-Percut's servers in accordance with I-Percut's Privacy Policy.

If You create an Account, You must follow a set of actions necessary 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 Website 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 Website and/or the Applications. We remind You that access to Your Account may allow access to Your Personal Data. We strongly advise You to enable the feature that allows 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 on Your part.

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 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 Services Terms of Use, 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 Services Terms of Use. 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 Services Terms of Use.

You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, reverse engineer, 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. In addition, any license relating to a patent of I-Percut and/or one of its licensors, and/or its Affiliates and any third party (including essential patents) are specifically excluded from the I-Percut Services Terms of Use, 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 they 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, as a third party to this agreement, cannot be held liable for the direct or indirect use of this Third-Party Feature.

8. PERSONAL DATA PROTECTION

For I-Percut, protecting the privacy of its Users is of the utmost importance. We invite you to read our Privacy Policy.

You have the right to access, rectify, and object to information held about you by contacting our customer service. You may also, on legitimate grounds, 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 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 Website, 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 implement any express or implied warranty of any kind regarding the Means. Thus, I-Percut does not warrant, 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 declines all responsibility 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

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

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

The execution of such an obligation will be immediately resumed once the cause of the Force Majeure Event ceases.

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 Services Terms of Use documents may also apply when You are subject to these I-Percut Application Terms of Use.

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.

No failure, delay, or partial performance by I-Percut of one or more rights provided for by one of the provisions of these I-Percut Application Terms of Use shall be interpreted as implying a waiver by I-Percut to subsequently invoke this provision or to rely on the possible failure of the other party to this provision.

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.

TERMS OF USE FOR PRODUCT SOFTWARE FOR I-PERCUT PRODUCTS AND SERVICES

1. RELATIONSHIP BETWEEN YOU AND I-PERCUT

These Terms of Use for Product Software for I-Percut Products and Services (the "I-Percut Product Software Terms of Use") form 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's Connected Products and Product Software, You expressly agree to these I-Percut Product Software Terms of Use.

The use of I-Percut's 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 I-Percut Help Centre for Products and Services.

These I-Percut Product Software Terms of Use are a subset of the I-Percut Services Terms of Use. The I-Percut Product Software Terms of Use prevail over any other I-Percut Services Terms of Use document regarding their purpose.

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 within 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:

To have obtained and read a copy of these I-Percut Product Software Terms of Use and,
To be in possession of these I-Percut Product Software Terms of Use on a durable medium, in particular by physically printing them and,
To be of legal age or authorized according to the laws of Your country of residence to enter into these I-Percut Product Software Terms of Use and,
To have the right to access and use Product Software.

Any objection or dispute on Your part regarding these I-Percut Product Software Terms of Use will 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 agreement.

"Products and Services" means our connected Products, Software, Applications (mobile and web application, software for use of the Products and Services, cloud services).

"Website" means the website(s) made available by I-Percut.

3. MODIFICATIONS TO THE I-PERCUT PRODUCT SOFTWARE TERMS OF USE

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

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

We recommend that You frequently consult the I-Percut Product Software Terms of Use and save, at Your convenience, each version on a durable medium.

4. PREREQUISITES FOR USING, DOWNLOADING, AND UPDATING 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 speed and performance of Your Device's processor are essential conditions for optimal use of the Product Software. The Device can be Your personal smartphone or your computer's web browser (the "Device"). More details about 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 notified beforehand 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 changes to (1) the Product Software and/or (2) the features available through the Product. We cannot guarantee You the continuity and availability of all features available through the Product Software and the Product. In addition, the features and availability of the Product Software may also depend on Your location for downloading, connecting to, and/or using the Product.

5. 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 improper 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; 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 into an I-Percut data center; 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, or 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
Breach 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.

6. LOGIN 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 data from the Product to your Account; and
To have access to Your data through the Application's graphical interface; and,
To save your personal data on I-Percut's servers in accordance with I-Percut's Privacy Policy.

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

7. MANAGING YOUR SUBSCRIPTION

PROFESSIONAL CLIENTS

As a Professional Client, you can independently subscribe to our BASIC or PERFORMANCE pro plans via the I-Percut Pro Shop. Our pro plans are detailed there, covering both available features and pricing.

You can cancel your pro plan at any time, also independently, via your member account directly on the I-Percut Pro Shop.

END USERS

As an End User of our I-Percut mobile application, the Freemium and Premium versions are available for download directly on Google Play and the Apple App Store, where you can also cancel your subscription at any time.

8. INTELLECTUAL PROPERTY - PRODUCT SOFTWARE 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 I-Percut Services Terms of Use, 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 Services Terms of Use. 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 Services Terms of Use.

You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, reverse engineer, 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. In addition, any license relating to a patent of I-Percut and/or one of its licensors, and/or its Affiliates and any third party (including essential patents) are specifically excluded from the I-Percut Services Terms of Use, 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.

9. PERSONAL DATA PROTECTION

For I-Percut, protecting the privacy of its Users is of the utmost importance. We invite you to read our Privacy Policy.

10. HOSTING

11. WARRANTIES

These provisions apply to:

Applications
Product Software
Hosting Services
Their improvements.

These provisions do not apply to:

Products.

12. GENERAL PROVISIONS

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

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

The execution of such an obligation will be immediately resumed once the cause of the Force Majeure Event ceases.

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 I-Percut Services Terms of Use documents may also apply when You are subject to these I-Percut Product Software Terms of Use.

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.

No failure, delay, or partial performance by I-Percut of one or more rights provided for by one of the provisions of these I-Percut Product Software Terms of Use shall be interpreted as implying a waiver by I-Percut to subsequently invoke this provision or to rely on the possible failure of the other party to this provision.

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.