Condiciones generales de uso y de suscripción

TransferNow is an online platform, accessible at the address www.transfernow.net (the "Website") operated by Highsense, a simplified joint stock company with a capital of 2,500 euros, whose registered office is located at 23, rue Pasteur in Garches (92380) France, registered at the Nanterre Trade and Companies Register under the number 833 205 669 and with the intra-community VAT number FR60833205669 (the “Company”). The Website offers various online file transfer services, including a free option, a subscription option, and a specific option for use via API.

The purpose of these General Conditions (the "Conditions" or taken as a whole, the "Contract") is to define the terms and conditions governing the relationship between Users of the Website and the Company. The Contract also includes the Privacy Policy and, for companies that have taken out a Subscription, the DPA. The Contract constitutes a contractual agreement for an indefinite period from the acceptance by the User of this Contract.

Preliminary article – Definitions and rules of interpretation

0.1. Definitions

Unless defined in other sections of this Contract, terms and expressions beginning with a capital letter hereinafter used have the following meanings:

• "Subscription" has the meaning assigned to it in Article 2.1;
• "Subscriber" refers to any User who has subscribed to a Subscription;
• “Account” means the account of a User who has created one within the Service.
• "Condition(s)" has the meaning assigned to it in the preliminary description;
• "Contract" has the meaning assigned to it in the preliminary description;
• “DPA” refers to the data processing agreement, available at: https://cdn.transfernow.net/pdfs/transfernow-dpa-en.pdf.
• "File(s)" refers to any file that can be processed via the Services;
• "Page" has the meaning assigned to it in Article 3.1;
• “Privacy Policy” refers to the privacy policy of the Website, accessible at: https://cdn.transfernow.net/pdfs/transfernow-privacy-en.pdf.
• "Service(s)" refers to the service or services offered by the Company on the Website as referred to in Articles 2 and 3;
• "Website" has the meaning assigned to it in the preliminary description;
• "Company" has the meaning assigned to it in the preliminary description; and
• "User" refers to any natural or legal person using the Website.

0.2. Rules of interpretation

The rules set out below apply to the interpretation of this Contract:

• the titles of the articles and annexes are included for convenience and in no way affect the interpretation of any of the provisions of this Contract;
• the use of the expressions "including", "in particular", or "notably" implies that the list which follows them is not limitative nor exhaustive;
• the term "or" is not exclusive;
• the definition given to a singular term also applies to that term when used in the plural and vice versa. The same is true of the use of the masculine or feminine gender;
• time limits expressed in days, months or years must be counted in accordance with the provisions of Articles 640 to 642 of the French Code of Civil Procedure;
• any reference to a party includes a reference to its heirs, successors and assigns; and
• any reference to a document means such document as it could be modified or replaced (other than in violation of the provisions of this Contract).

Article 1 – Eligibility for the services – Creation of an account

1.1. Eligibility for the Services

To be able to use the Services, the User must be a natural person who has reached the age of 18 and has full legal capacity or a legal person duly registered as such in the trade and companies register under its jurisdiction. In the latter case, the User must also have the authority to bind the legal entity by accepting these Conditions. Otherwise, the User will be personally liable.

If the User does not meet these criteria, the Company may terminate their use of the Services at its discretion, without prior notice and without liability. Any Subscription taken out without legal capacity may also be canceled under the same conditions.

The creation of an Account is not required for the use of the Services except in the case of a Subscription.

1.2. Acceptance and amendments to the Terms

If the User has created an Account, acceptance will be expressed by clicking on the button accepting the Conditions when creating the Account and/or when subscribing to a Subscription.

The Company reserves the right to modify the Conditions at any time by notifying the User by any means. The User must accept the modified Conditions in order to continue using the Services, including during the Subscription period.

If the User has not created an Account, they must accept the Terms before they can use the Services.

The applicable Conditions are the most recent ones accepted.

The Conditions are applicable for the entire duration of use of the Services, from the date of acceptance.

In any case, the User undertakes during each of his visits to the Website and use of the Services to comply with all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions.

1.3. Creation of an Account

The creation of an Account on the Website is a mandatory prerequisite for a Subscription. It involves completing the registration form, available on the Website, by providing accurate, up-to-date and complete information. This information must subsequently be regularly updated by the User in order to maintain their accuracy.

The User must choose a username consisting of a valid email and a password. User account access codes are strictly confidential. In the event of unauthorized use of his account or any breach of the confidentiality and security of his means of identification, the User must, without delay, inform the Company. Failing this, the Company may consider that any action on the Account originates from the User.

It is the User's responsibility to ensure the confidentiality and security of their Account login details.

Each User agrees to create only one Account corresponding to his profile.

Article 2 - Operation of the services

2.1. Designation of the Services

The Website provides access to the File transfer service, including, amongst other things, securing the transfer or protecting access to the File through a password (the "Service(s)").

Several offers are available within the Services, which the User can choose when subscribing. Some of the Services offered are only accessible as part of the subscription by the User (the "Subscription"), the terms of which are specified in Article 3 or specifically as part of applicable sections. In any event, this Article 2 governs also the terms of use of the Services accessible via a Subscription unless otherwise and expressly stipulated in Article 3.

2.2. User license

The Company grants the User of the Services a personal, non-exclusive, non-assignable and non-transferable right to access and use said Services, for the entire world and for the duration of the provision of the Services by the Company to said User. The scope of the right to use the Services and the price applicable thereto varies depending on the type of Service and the Subscription.

The temporary provision of the Services cannot be analyzed as the transfer of any intellectual property right to the User.

The User agrees to use the Services only in accordance with their destination and applicable law. This license is granted only for the sole purpose of allowing the User to use the Services, as-is, in accordance with their destinations and to the exclusion of any other purpose.

The User may not under any circumstances make the Services available to a third party and must strictly refrain from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive. It is also prohibited, without prejudice to the provisions of Article 4.2 below, to reproduce any element of the Website or any documentation concerning it, by any means, in any form and on any medium whatsoever.

2.3. Availability of the Services

The Company provides the User with the Services accessible on the Website via the Internet 24 hours a day, seven (7) days a week, with the exception of maintenance periods. The Services linked to the Subscription are, however, accessible only for the duration of the Subscription taken out, subject to full compliance with these general conditions by the Subscriber.

The Company is only bound by a best-efforts obligation with regard to the availability of the Services. The Company reserves the right to update and make functional changes to the Services at any time. These updates and functional changes to the Services may temporarily make access to said Services unavailable.

The Company makes no service level commitments with respect to maintenance.

The User is warned of technical hazards and access interruptions that may occur. Consequently, the Company cannot be held responsible for the unavailability or slowdown of the Services.

The User agrees not to expose the Services to any risk of hacking and attempted attack on the vulnerability of the Website and its security system. Consequently, the User must put in place all the appropriate measures to prevent the aforementioned risks or any other risk likely to affect the Website and its host.

2.4. Duration of the Services

The Services are provided to Users by the Company for an indefinite period. The Company may terminate the Services at any time, totally or partially, without compensation for the Users.

As an exception, the Subscriber has access to the Subscribed Services for the duration of his Subscription under the conditions of Article 3. If the Services are no longer provided in full, the Subscriber will not be able to renew their Subscription at the end of the Subscription period.

2.5. Nature of the Files processed

The User is authorized to use the Services only with Files that they own or for which they have a license.

The User agrees not to send or share a File via the Services, the content of which would be likely to infringe public order or good morals, provoke objections from third parties or to breach their right, such as their IP rights, or even contravene the legal provisions in force.

The following Files, in particular, are prohibited within the Services: Illegal files, files subject to criminal penalties, files contrary to regulations in force in France, files contrary to public decency, files contrary to public order, files likely to offend other people (including, but not limited to: pornography, pedophilia, obscenities, incitement to racial/religious/sexual/ethnic hatred, defamation, discrimination, hatred, insults, aggression, contempt, harassment, “trolling,” denigration, violence, denial of crimes against humanity, incitement to murder and/or violence, revisionism, antisemitism, apology for war crimes or crimes against humanity, pimping, invasion of privacy, political statements, incitement to commit a crime), files that infringe the rights of third parties, in particular in the event of copyright infringement, trademark infringement, design infringement, patent infringement, database infringement, unfair competition and/or parasitism, infringement of image rights, privacy rights, personal data rights, or inaccurate or misleading statements.

Consequently, it is expressly agreed that in the event that the Company is questioned, for any reason whatsoever, in any country whatsoever, by a third party on the basis in particular non-compliance by the User of applicable law, of an industrial and/or intellectual property right relating to an element provided by a User, this User undertakes to fully guarantee the Company of the direct and/or indirect economic and financial consequences (including the costs of proceedings and defense) which would result from these claims.

If the Company is notified by a rights holder or legal authority that a File is illegal, the Company may freely delete the File if so requested or if required to comply with its legal obligations. The Company may also moderate (including delete) any File, at its discretion, either as part of a verification process by a moderator or by an automated system based on the above criteria. The Company reserves the right to activate the above guarantee against the User if the Company suffers any damage in this regard.

The User may report a File that does not comply with these Conditions either via the tool provided for this purpose on the Website or by contacting the Company by email.

It is reminded that the Files submitted by Users and the information shared by them can be collected and used by third parties, in particular via the link referred to in Article 2.7. In this sense, the Company does not guarantee compliance with the ownership of this data; it is the responsibility of the User to take all the necessary measures to preserve ownership of his data.

The User is informed that the protection of access to Files by password is not absolute and requires the taking of all measures by the latter in order to keep confidential the password generated on the Website. Consequently, the Company cannot be held responsible for the storage or sharing conditions for any password generated on the Website.

The User must ensure that the Files, more generally data, are sent to the Website, and cannot blame the Company on any basis and for any reason whatsoever for the non-receipt or loss of the data transmitted. The User will thus care to keep a backup of the data transmitted.

2.6. Quality of the transferred Files

It is expressly agreed that the Company in no way guarantees the effectiveness of the Services and consequently the quality of the Files transferred as part of the use of the Services.

Consequently, the User is solely responsible for the Files that he transfers and cannot blame the Company, in particular for any malfunction of the Services.

As an exception, as part of the Subscription, the Company undertakes, by an obligation of means and not of result, to preserve the integrity of the Files transferred via the Service. The Company cannot, however, ensure perfect receipt of the Files from the recipient of the transfer. The recipient is required, alone, to have all the IT tools required for receiving Files.

In any event, the User is recommended to keep a backup of the Files transmitted. Hence, in the event of loss or alteration of Files, the Company cannot be held liable.

2.7. Conservation of the generated Files

During each use of the Services, the Website automatically generates an unindexed internet link protected by a unique and personal access key from which the User has the possibility of finding all the Files that he will have generated during said use of the Services.

Generated Files are kept by the Company for a period of seven (7) calendar days for Non-Subscriber Users, calculated from hour to hour. For Subscribed Users, Files are stored by default for a period of twenty-one (21) calendar days. Subscribed Users may configure their account so that Files are stored for up to three hundred and sixty-five (365) calendar days.

The User is expressly informed that the Company does not guarantee such retention. It undertakes only by an obligation of means to provide its best efforts in the aim of such conservation. For Non-Subscriber Users, in particular in the event that such retention would generate a financial burden that is difficult for the Company to bear, the Company reserves the right to delete said Files without prior information to the User.

The User is solely responsible for the use of the generated link. This use cannot, however, risk causing the vulnerability and proper functioning of the Website and its host.

2.8. Data ownership

The User of the Services remains the owner of all the data he communicates in the context of the use of the Services, including Files. However, the User authorizes the Company to use these elements to enable it to provide the Services under the terms and conditions set forth in the Contract.

2.9. Sale of Files

2.9.1. Description of the Functionality

The Subscriber has the option of setting a price for his Files and requesting payment to allow access to download the Files via the Stripe platform, which handles all payment management. To use this feature, the Subscriber and the purchaser of the File must accept the terms and conditions of the payment service provider.

2.9.2 Non-responsibility for the nature of the Files

The Company assumes no responsibility for the nature, quality, authenticity or legality of the Files offered for sale by Subscribers. The Subscriber is solely responsible for the Files offered for sale and for the transactions carried out.

2.9.3. Commission

For each transaction carried out via the Stripe platform, the Company charges a commission of three (3) % of the total (tax included) amount of the transaction. This commission is automatically deducted from the amount paid to the selling Subscriber by Stripe. The Subscriber accepts this deduction by using the File sale services.

2.9.4. Management of Payments and Refunds

The Company does not manage payments, the transfer of payments received to the Subscriber, or refunds. These operations are handled entirely by Stripe. In the event of a problem with a transaction or refund, the Subscriber must contact Stripe directly. The Company declines all responsibility in the event of a dispute concerning payments, refunds or any other financial operation.

The Subscriber is responsible for declaring and paying all taxes and duties applicable to the sums received from the sale of Files.

2.9.5. Intellectual Property and Rights of Use

The Subscriber warrants that it holds all rights necessary to sell the Files and that these Files do not infringe any intellectual property rights or other rights of third parties. The User undertakes to indemnify the Company in the event of any third-party claim relating to the sale of Files.

2.9.6. Legal compliance

The Files offered for sale must comply with the laws in force and must not contain any content that is illegal, offensive or contrary to public order. The Subscriber is solely responsible for the legal conformity of the Files offered for sale.

2.9.7. Support and Assistance

The Company provides limited technical support for the use of the File sale functionality. In the event of any problems relating to transactions or Files sold, the Subscriber must handle claims and resolve disputes directly with the buyer and/or Stripe.

2.10. Use of APIs

The Company provides an API system via HTTP or an SDK, allowing the Service to be integrated into various User supports (including the Page). The Company may provide documentation for this API to enable its use by the User. However, it does not guarantee that this documentation will be exhaustive, and the User is responsible for the proper implementation of the API within their own media.

This API may be provided free of charge, with limitations at the Company's discretion, or as part of a Subscription.

The Company only guarantees a limited commitment of resources for the availability and proper functioning of this feature for Subscribers. If it is provided free of charge, no commitment is made by the Company in this regard.

Article 3 – Subscription

3.1. Object of the Subscription

The Company offers a Subscription on the Website allowing access to additional services.

Depending on the Subscription offer subscribed, the Subscriber benefits in particular from:

• an increased retention period for the Files depending on the offer subscribed;
• a possibility of integrating the File Transfer Service on its own web page (the "Page"); or
• storage space;
• a manager for transfers sent and/or received;
• an address book;
• a manager for contact list:
• access to service API.

3.2. Subscription Terms and Conditions

If a User Account is being created, the Subscription is ordered as follows:

• Step 1:
• The User enters their email address or chooses to use a Google, Microsoft, or Apple account.
• The User selects their plan/package and the desired billing cycle.
• The User can check the “7-day free trial” box.
• Step 2:
• The User must provide their first name, last name, postal code, and country.
• They can add more information if purchasing for a company (company name, VAT number, postal address, city).
• Add payment method.
• Confirm.

The purchase details are always visible in step 2 of the Account creation process.

If it is an existing free Account and the User wants to activate a package/plan/subscription:

• The User selects their plan/package/subscription and the desired billing cycle.
• The User can update their payment method if they have one or add a new one.
• Confirmation.

The Subscription is established upon receipt of payment from the User by the Company.

The contact details and information provided by the Customer must be up to date and accurate. 

This Subscription is personal. Consequently, the Subscriber may not assign or make available, including free of charge, all or part of the rights and obligations applicable to the Subscription taken out without the prior written consent of the Company.

The Subscriber is informed that any Subscription in trial version automatically entails, in the absence of termination of his trial subscription according to the terms provided on the Website and before the end of the trial period, the subscription to the Subscription concerned for the duration of the commitment selected by the Subscriber on the Website (thirty (30) days, one (1) year, two (2) years). The Subscriber will then be invoiced under the conditions provided herein.

3.3. Terms of use of the Subscription

3.3.1. Administrator Access

Administrator Access is carried out on the Website by means of the Subscriber's member account. It provides access to the administration and management settings of the Services giving the possibility in particular, in the event of a subscription to a "Team Offer" or an "Enterprise Offer", to add, edit or remove collaborators (users).

3.3.2. Subscriber Access

The Subscriber has the possibility via his Administrator Access, in the event of a subscription to a "Team Offer" or an "Enterprise Offer", to add or remove collaborators. Once added, login details will then be provided to said collaborators, which are strictly confidential.

Each collaborator agrees to strictly comply with these General Conditions and is subject to the obligations applicable to Subscribers and Users under the Conditions.

The use of the Services by the collaborator assumes compliance with this Contract, for which the Subscriber vouches to the Company. The Subscriber then agrees to ensure proper compliance with these General Conditions by collaborators.

The Company reserves the right to take legal action against the Subscriber, on any basis and directly, in the event of damage of any kind caused by collaborators, so that the Subscriber can repair all the harmful consequences caused by these third parties.

3.3.3. Integration of the File Transfer Service to the Page

The Subscriber has the possibility, throughout the duration of his Subscription, to integrate the File Transfer Service on any Page of his choice, provided that:

• this Page as well as the website of which this Page is part be fully owned and legally operated by the Subscriber;
• the purpose of the Page and of the website of which this Page is part are not likely to infringe public order or good morals, provoke protests from third parties, or even contravene the legal provisions in force;
• it mentioned in a visible manner on the Page that the Service is operated by TransferNow.net by including a hypertext link;
• the Service be offered only to allow the Subscriber, operator of the Page, to receive Files; and
• the Subscriber carries out, alone and at his own expense, all the due diligence for the integration of the Service on the Page.

In any event and in accordance with the provisions of Article 2.5, the Subscriber must make sure alone that no user of the Page downloads and/or transfers a File whose content would be likely to infringe public order or good morals, provoke protests from third parties, or to contravene the legal provisions in force.

Consequently, in the event that the Company is questioned, for any reason whatsoever, in any country whatsoever, by a third party on the basis in particular of an industrial and/or intellectual property right relating to an element provided by a user of the Page, the Subscriber undertakes to fully guarantee the Company of the direct and/or indirect economic and financial consequences (including the costs of proceedings and defense) which would result from these claims.

3.4. Duration of the Subscription

The User is not obligated, by subscribing to the Subscription, to select the duration of his subscription. He has the right to terminate the Subscription at any time and at his discretion, subject to notifying the Company of his intention to terminate the Subscription at least thirty (30) calendar days before the next term. The Subscription must be terminated in accordance with the procedure provided for on the Website.

As an exception, the Subscriber may commit to a subscription period of one (1) week, one (1) month, one (1) year or two (2) years which can be tacitly renewed, for successive periods of the same duration. If one of the parties does not wish to see the Subscription tacitly renewed, this Party must notify its intention via the Website at least one (1) month before the initial term of the Subscription.

3.5. Prices

The Subscription is offered at the current rate appearing on the Website at the time of subscription. The prices are expressed in various currencies and do not include taxes (in particular VAT, which will be added at the applicable rate). The Company reserves the right to pass on any changes in the VAT rate to the price.

The prices include any discounts that may be granted by the Company on the Website.

Prices are firm for the first contractual period, and may be raised by a maximum of ten (10) % of the price of the previous contractual period at each annual renewal of the Subscription.

In addition, the Company reserves the right, to modify its public prices at its discretion at any time.

The Company shall inform the Subscriber of the price increase by email or notification at least fifteen (15) days before the modified price takes effect. The modified price shall apply at the time of renewal of the Subscription. Notwithstanding the notice period for non-termination, the Subscriber shall always have the option not to renew the Subscription at its end, before the modified price applies.

Depending on the case, the Subscription may include a trial period, periodic payment, or pay-per-use.

3.6. Payment terms

The monthly amount of the Subscription must be paid by the Subscriber on the monthly anniversary date of his Subscription according to the payment terms mentioned on the Website. The first monthly payment will be paid and debited immediately upon subscription.

For any fixed-term Subscription, the amount must be paid on the day of subscription.

All payments are due in advance for the period to be covered.

Payments made by the Subscriber will not be considered final until the Company has actually received the amounts due.

The Subscriber guarantees that they are the holder of the payment method used to pay for the Subscription and that they have sufficient funds to cover the full payment of their Subscription.

In the event that the amounts due for the Subscription cannot be debited or collected for any reason whatsoever, the Subscription may be cancelled or suspended by the Company until full payment of the Subscription.

An invoice is established by the Company and accessible from the Subscriber's member area.

Without prejudice to any damages and interest, the failure of the Subscriber to pay a single invoice on its due date automatically entails the application of late payment interest equal to two (2)% of the unpaid amount, per day of delay, up to a limit of one hundred and fifty (150)% of the unpaid amount and from the first day of delay to which are added the additional banking and management costs of 40 euros.

3.7. Right of withdrawal

In accordance with the legal provisions in force, the Subscriber has a withdrawal period of 14 days from its Subscription.

However, by accepting these Conditions, the Subscriber may expressly request from the Company the immediate execution of the provisions provided for herein before the expiry of the withdrawal period and expressly waive his right of withdrawal. Consequently, in application of Article L. 221-28 of the French Consumer Code, subsections 1 and 13, the Subscriber may not retract his commitment made on the Website.

3.8. Pre-contractual information - Subscriber acceptance

The Subscriber acknowledges having had communication, prior to subscription, in a readable and understandable manner, of these Conditions and all the information referred to in Articles L111-1 to L111-8 of the French Consumer Code, and in particular :

• the essential characteristics of the Subscription taken out, taking into account the communication medium used, and the services concerned;
• the price of the Subscription and related costs;
• information relating to the identity of the Company, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
• information relating to legal and contractual guarantees and their implementation methods;
• the features of the digital content and, where appropriate, its interoperability;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information relating to the right of withdrawal.

The fact of subscribing on the Website implies full adhesion and acceptance of these Conditions, which is expressly acknowledged by the Subscriber, who waives, in particular, the possibility to avail himself of any contradictory document, (including its general terms and conditions of purchase, or any reference in purchase orders or other documents originating from the Subscription) which would be unenforceable against the Company.

Article 4 – Use of the Website

4.1 Right of access to the Website

Any use of the Website contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

Use of the Website requires a connection and an internet browser. To guarantee the proper functioning of the Website, it is specified that the Website is optimized for:

• a screen resolution of 1200x768px;
• the latest versions of Chrome, Firefox, Edge, Safari and Opera browsers.

All hardware and software necessary to access the Website and use of the Services remain the sole responsibility of the User.

The Company reserves the right to suspend, modify, replace, refuse access or delete User accounts at its discretion.

4.2 User obligations

Users refrain from, through the Services:

• the transmission, publication, distribution, recording or destroying of any material, particularly the contents of the Website, in violation of the laws or regulations in force concerning notably IP of third-parties and the collection, processing or transfer of personal information;
• creating fictitious profiles if the Website provides for the creation of profiles;
• providing inaccurate information in any of the forms offered on the Website or not updating it regularly;
• disseminating data, information, or content of a defamatory, abusive, obscene, offensive, violent or inciting to violence, or of a political, racist or xenophobic nature and in general any content which would be contrary to the laws and regulations in force or morality;
• referencing or creating links to any content or information available from the Company's websites, except with the express, prior written consent of the Company;
• obtaining passwords or personal identification data from other Users if the Website generates any;
• using information, content or any data present on the Website to offer a service considered, at the sole discretion of the Company, as competitive with that of the Company;
• selling, exchanging or monetizing information, content or any data present on the Website or service offered by the Website, without the express written consent of the Company;
• practicing reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;
• using software or manual devices or automatons, coding robots or other means to access, explore, extract or index any page of the Website;
• endangering or attempting to endanger the security of a Company website. This includes attempts to monitor, scan or test for the vulnerability of a system or network or to violate security or authentication measures without express prior authorization;
• counterfeiting or using the products, logos, brands or any other element protected by the intellectual property rights of the Company;
• simulating the appearance or operation of the Website, for example by performing a mirror effect;
• disrupting or disturbing, directly or indirectly, the Company or the Services, or imposing a disproportionate load on the infrastructure of the Website or attempting to transmit or activate computer viruses or malwares via or on the Website.

System or network security breaches can lead to civil and criminal prosecution. The Company verifies the absence of such violation and may appeal to the legal authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Website fairly, in accordance with its purpose and with the legal and regulatory provisions, with these General Conditions and the practices in force.

Article 5 – Intellectual property

All Website and Services content, platforms and software made available, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others belong to the Company or its partners.

Any representation and/or reproduction and/or partial or total exploitation of the contents and services offered by the Company, by any means whatsoever, without the prior written authorization of the Company, are strictly prohibited and could give rise to lawsuits.

In the event that the Services become, or are likely to become, in the Company’s opinion, subject to an infringement claim, the Company may (i) obtain the right to continue providing the Services to the User, or (ii) replace or modify the Services so as to render them non-infringing, so as to enable the User to use the Services peacefully, or (iii) terminate the right to use the Services. This section sets forth the entire liability of the Company and the sole and exclusive remedy of the Company with respect to any infringement of any intellectual property right, and the Company shall have no other liability for any alleged or proven infringement.

When the Subscriber is a professional within the meaning of French consumer law, the latter authorizes the reproduction and use of his logo or brand on the Website or any commercial medium for commercial reference purposes, for the duration of the Subscription and a period of two (2) years from the termination of the Subscription for any reason whatsoever.

Article 6 - Personal data

In order to enable all Users to take full advantage of the Services and features of the Site, the Company collects and processes various personal data. Details of these items are set out in the Privacy Policy and, in the case of a Subscription, in the Data Processing Agreement.

Article 7 – Artificial intelligence

The Company may use artificial intelligence, including machine learning and large language model (“LLM”) technologies, in the provision of the Services, and may integrate, add, modify or remove artificial intelligence features within the Services at any time. Notwithstanding the foregoing, the Company shall not use the User’s data, including Files, personal data processed on behalf of the User and the User’s confidential information, to train or fine-tune LLMs or other artificial intelligence models (whether its own or those of any third party), nor shall it use artificial intelligence in any manner that would assign, encumber or otherwise adversely affect the User’s intellectual property rights in its data or content.

More specifically, reported content as well as data necessary for handling support requests may be automatically analyzed using an LLM provided exclusively by Mistral AI, acting as a sub-processor, under the conditions set out in the DPA. The data transmitted is neither retained nor used for model training or for any purpose other than those expressly specified. Such data is processed solely on a transient basis, strictly for the purposes of moderating reported content and assisting with support management. Processing is carried out exclusively on the instructions of the Company, with the “Zero Data Retention” option enabled.

Article 8 – Liability

8.1. General terms

The role of the Company is limited to the technical provision of Services to Users.

It does not undertake, unless otherwise specified in the Conditions, to:

• Any obligation to achieve a specific result in connection with the provision of the Services.
• That the Services will be free of bugs or available at all times.
• The relevance of the information provided within the Services.
• Any frequency of maintenance or updates to the Services.
• Any quality of service for the Services.
• Any level of service or availability for the Services.
• Any duration of support for the Services.

The User is therefore solely responsible for their use of the Services and agrees to bear all the consequences arising from such use, whether the use is by the User or by a third party using the Account. It is the User's responsibility to comply with the terms of the Agreement.

The User is required to ensure that his use of the Website complies with legal and regulatory provisions as well as these General Conditions. The Company gives no guarantee to the User as to the compliance of the use of the Website, which he makes or plans to make, with national or international legal and regulatory provisions.

The User may be held liable to the Company for any damage caused to the Company in the event of a breach of the Contract, unlawful intrusion into the Company's servers or fraudulent use of the Services.

The Company has no general obligation to monitor data and content imported by Users, nor any obligation to remove content that does not appear to be manifestly illegal, notwithstanding its flagging.

It is reminded that the User is warned of technical hazards and access interruptions that may occur on the Website. Consequently, the Company cannot be held responsible for the unavailability or slowdown of the Services.

All the information, advice and guides and any other data displayed on the Website are not intended to constitute advice on the basis of which a decision could be taken by the User.

Consequently, the User must in no case take for granted the said information and data of the Website, but must independently verify all this information and data for himself. The Company cannot therefore be held responsible for the consequences of the use of the data and information displayed on the Website.

The Company shall not be liable for any damages, including direct damages, suffered by the User or a third party resulting from the User's use of the Services in a manner that does not comply with the terms of the Agreement, which the User accepts. This includes, but is not limited to:

• Negligence, error, or fault on the part of the User in using the Services.
• Incompatibility between the Services and the User's equipment or systems.
• Action by a third party, in particular if the latter has interacted with the Services.
• Use of the Services in a manner not authorized by the Agreement.
• Use of the Services to share files that do not comply with applicable law and/or infringe the rights of third parties.
• Use of the Services when the Company, following a difficulty or for any other reason, has recommended that their use be suspended.
• The occurrence of any damage resulting from a fault or negligence on the part of the User or which could have been avoided by seeking the advice of the Company.
• Use, in connection with the Services, of programs not provided or endorsed by the Company and likely to affect the Services or the User's data.
• Furthermore, the Company shall not be held liable in the event of action by a third party against the User as a result of the use of the Services.
• Any liability action against the Company shall be time-barred within twelve (12) months of the occurrence of the damage.

The Company cannot be held responsible for the delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of French courts and tribunals.

8.2. Free version of the Services

For the free version of the Services, all risks associated with the use of the Services are borne by the User.

The Company shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of the free Services, including, but not limited to: operating losses, loss of revenue, loss of orders, loss of profits, loss of data or other information, loss of customers, loss of anticipated savings, damage to image and reputation, loss of opportunity.

If this limitation of liability does not apply for any reason, the Company's liability shall be strictly limited to the sum of one (1) euro.

8.3. Subscription to the Services

In the event of a Subscription to the Services, the Company shall not be liable to the Subscriber for any indirect damages related to the use of the Services, whatsoever.

This limitation of liability includes, but is not limited to, operating losses, loss of revenue, loss of orders, loss of profits, loss of data or other information, loss of customers, loss of anticipated savings, damage to image and reputation, and loss of opportunity.

Each Party shall be liable, in the event of a breach of its contractual obligations, for any direct damages suffered by the other Party.

The Company's liability for damage suffered by the Subscriber as a result of the provision of paid Services shall not exceed one hundred (100) percent of the amount invoiced by the Company to the Subscriber for the provision of the Services during the period in which the damage occurred.

Article 9 – Restriction

The Company reserves the right to restrict, suspend or remove, without notice or compensation, the access of any User to the Website who uses the Services in an abusive or inappropriate manner. The assessment of the behavior of the User is reserved to the sole discretion of the Company, which is accepted by the User.

Article 10 – Convention on proof

The computer systems and files are taken as proof in the relationship between the Company and the User.

Thus, the Company may validly produce as part of any procedure, for the purposes of proof, data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated by the Company, on any digital or analogue media, and rely on it unless there is an obvious error.

Article 11 – Miscellaneous provisions

11.1. Severability

The fact that any provision of the Contract is or becomes illegal or unenforceable will in no way affect the validity or enforceability of the other provisions of the Contract.

11.2. Modification of the Contract

The Company reserves the right to modify, supplement or replace these Terms and Conditions. If the User is a monthly, weekly, annual, or biannual Subscriber, by way of derogation from the commitment provided for in the Subscription, such modification shall entitle the Subscriber to terminate the Contract by simple written notice, if the Subscriber disagrees with the change. If the Subscriber terminates the Contract, any sums paid in advance shall be refunded on a pro rata basis for the period during which the Subscription is no longer in force.

11.3. Transfer of the Contract

The Company is authorized to transfer its rights and obligations under this Contract to any third party of its choice. In this case, it shall notify the User as soon as possible.

11.4. Waiver

The failure of either Party to require the other Party to perform any obligation under the Contract shall not affect the right to require such performance at a later date. Any waiver of a breach of an obligation under the Agreement shall not be construed as a waiver in the event of a continuing or repeated breach of such obligation, nor as a modification of the provision concerned.

Article 12 – Dispute Settlement

The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the User's country of origin or the country from which the User accesses the Website and notwithstanding the principles of conflicts of law.

The Parties will endeavor, in the event of a dispute, to deal with it amicably.

If a dispute relating to the validity, performance or interpretation of this Contract would be brought before civil courts, it will be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly attributed, even in the event of summary proceedings or multiple defendants.

The Customer is informed that he can in any case resort to conventional mediation or any alternative dispute resolution method (conciliation for example) in the event of a dispute.

Pursuant to article 14.1 of Regulation (EU) n ° 524/2013 of the European Parliament and of the Council of May 21st, 2013, the Customer is informed that he can consult the following page for more information on his procedures in the event of a dispute: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

FEVAD's e-commerce mediator service (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr. After consumers have taken a prior written step towards Highsense, the Mediator’s Service can be submitted to any consumer dispute that has not yet been resolved. To find out how to refer to the Mediator, follow this link: https://www.mediateurfevad.fr/index.php/espace-consommateur/.

This document is translated from French for informative purposes. In case of a divergence between the information provided on this document and the one provided in the English version, the French version prevails.