Terms and Conditions of Sale

Disclaimer: This is a translated version. In case of discrepancies, the original French version shall prevail.

Who are we?

Fenritec
Simplified joint-stock company (SAS) with share capital of €30,000.00

Address
3 Allée des Lilas
54650 Saulnes
France

SIREN: 894 082 031 RCS Val de Briey

Definitions:

Technical Support: The service responsible for advising the Customer during the installation and use of their Service by providing technical advice or, where appropriate, suitable documentation.

Customer: Any legal entity or natural person registered in one of Fenritec’s information systems.

Contract: The contractual set, formalized in writing or not, of which this document forms an integral part.

Data: Computer files of any type belonging to the Customer and which may be stored via the Service.

Customer Identifier: The Customer account for any service subscribed with Fenritec, allowing access to various services (i.e., store, FDrive, etc.).

Software: The set of programs, procedures, rules, and documentation relating to the operation of the data-processing system that enables access to the Service.

Service(s): The service(s) entrusted to the Service Provider by the Customer under the Contract.

Parties: The Customer and the Service Provider as defined in the Contract.

Service: The service provided by Fenritec in accordance with the contract subscribed by the Customer, whether for consideration or free of charge.

1. Purpose

This section lists all services covered by this document.

The Customer’s account must be created on https://login.fenritec.eu in order to access any service. The Customer will receive an email asking them to confirm the activation of their Fenritec account and must click on the link provided in the email.

If activation does not occur within seven (7) days, Fenritec will suspend the Service and ultimately delete the data.

1.1. FDrive

FDrive is a cloud storage service accessible via the internet from various devices (PCs, mobile phones, tablets, etc.) through which the Customer can share data within their private or professional sphere (feature under development).

The Service also allows the publication of content by creating URLs through which the Customer may grant access to their content. The Service then resembles an online public communication service within the meaning of the law, and the customer is responsible for the content published and the recipients. A cap of 250 link openings is instituted to limit the use of FDrive as a public hosting platform.

Bandwidth may be limited to 1 Mbit/s upstream and downstream in the event of heavy traffic. Connection speed also depends on the quality of the Customer’s Internet connection.

When using the Service, data transfers, consultation, and deletion are performed by the Customer directly from the Software.

Fenritec cannot guarantee the upload of files larger than 5 GB. Fenritec invites any Customer wishing to upload a file of this size to contact Technical Support to learn the most effective method for performing this operation.

Fenritec retains files deleted from the application for a period of 7 days to 1 month so that the customer can recover their data upon request.

2. Fenritec’s obligations

Fenritec undertakes to exercise all due care and diligence necessary to provide a quality Service in accordance with industry practice and the state of the art. Fenritec is bound only by an obligation of means.

3. Fenritec’s liability

Fenritec’s liability shall not be incurred:

If the performance of the contract, or of any obligation incumbent on Fenritec hereunder, is prevented, limited, or disrupted by fire, explosion, failure of transmission networks, collapse of installations, epidemic, earthquake, flood, power outage, war, embargo, law, injunction, request or requirement of any government, strike, boycott, withdrawal of authorization by the telecommunications operator, or any other circumstance beyond Fenritec’s reasonable control (“Force Majeure”), then Fenritec, subject to prompt notice to the Customer, shall be relieved from performing its obligations to the extent of such prevention, limitation, or disruption, and the Customer shall likewise be relieved from performing its obligations to the extent those obligations relate to performance thus prevented, limited, or disrupted, provided that the affected party uses its best efforts to avoid or remedy such causes of non-performance and that both parties proceed promptly once such causes have ceased or been removed.

The party affected by a case of Force Majeure must keep the other party regularly informed by email of the expected removal or restoration of this Force Majeure. If the effects of a case of Force Majeure last more than 30 days from notification of the force majeure to the other party, the contract may be terminated automatically at the request of either party, without any right to compensation for either party. Or when caused by the Customer, notably in the following cases:

• deterioration of the Software/Service (except for responsible disclosure of software vulnerabilities),
• misuse of the Service by the Customer or by users to whom they granted access to their storage space, fault, negligence, omission, or failure on their part, non-compliance with advice given,
• disclosure or unlawful use of the password created by the Customer,
• fault, negligence, or omission by a third party over whom Fenritec has no control or supervision,
• request for temporary or definitive interruption of the Service issued by a competent administrative or judicial authority, or notification by a third party rightsholder,
• partial or total destruction of information transmitted or stored as a result of errors directly or indirectly attributable to the Customer,
• total or partial non-compliance with an obligation and/or failure of the transport networks to the Internet and in particular of the Customer’s access provider(s).

Any compensation owed by Fenritec in the event of a Service failure resulting from a proven fault on its part shall correspond to the direct, personal, and certain loss linked to the failure in question, expressly excluding any indirect damage such as, in particular, commercial loss, loss of orders, damage to brand image, any business disruption, loss of profits or Customers (for example, untimely disclosure of their confidential information due to system defects or hacking, action by a third party against the Customer, etc.). In any event, the amount of damages that could be charged to Fenritec, if its liability were incurred, shall be limited to the amount actually paid by the Customer to Fenritec for the period in question or invoiced to the Customer by Fenritec, or to the amount corresponding to the price of the service for the portion of the Service for which Fenritec’s liability has been retained. The lower of these amounts shall be considered.

Any action for liability brought by the Customer against Fenritec must be initiated within a maximum period of 12 months from the event giving rise to the damage. Beyond this period, no action may be brought against Fenritec. If, as part of the Service, Fenritec takes any protective measures required to manage its infrastructure, it is the Customer’s responsibility to take all necessary steps to back up their data or that of users authorized to access their storage space in the event of loss, alteration, or deterioration of the entrusted data, regardless of the cause, including any not expressly referred to herein.

Likewise, all costs that may be incurred for data recovery remain the exclusive responsibility of the Customer. Fenritec’s liability can in no event be sought for the loss or deterioration of the Customer’s Data or that of users with access to their storage space. Fenritec likewise assumes no responsibility for the distribution of data stored by the Customer or their authorized users. The Customer acknowledges that nothing in these terms relieves them of the obligation to pay all amounts due to Fenritec for services rendered.

Fenritec does not intend to know the nature of the data stored by the Customer; accordingly, Fenritec declines all liability for data that may be stored, transferred, or exchanged via the Service. At the same time, Fenritec reserves the right to verify the Customer’s compliant use of the Service and, in that context, to check the nature of the Data transferred, stored, or exchanged by the Customer. In such case, if inappropriate content is identified by Fenritec, the Customer’s Service will be immediately suspended and terminated automatically.

Installation of the Software by the Customer is carried out under their sole responsibility. Fenritec warrants that it has taken all necessary precautions to ensure the compatibility of its Software with compatible equipment, but can only warn the Customer of the risks inherent in installing software on their device.

Fenritec undertakes to address any proven vulnerability reported on its support page within a reasonable time depending on its severity. Fenritec recommends contacting ANSSI (or equivalent) in the event of a dispute and before any public disclosure concerning a vulnerability.

Fenritec reserves the possibility of performing maintenance operations on the infrastructure subject to prior notice to the Customer. The Customer acknowledges that the Service may be unavailable for the duration of such maintenance. Fenritec will endeavor, to the extent possible, to limit the duration and disruptions caused by these operations. Similarly, Fenritec reserves the right to take any limiting measures likely to ensure the sustainability of the Infrastructure, including but not limited to: bandwidth limitation, interruption of uploads or downloads, etc.

4. Customer’s obligations and liability

The Customer warrants that they have the power, authority, and capacity necessary to enter into and perform the obligations set out herein. The Customer undertakes to provide, when creating their customer account and upon each change, accurate and up-to-date contact and banking information (if on a paid plan) to Fenritec.

The Customer is solely and exclusively responsible for the passwords required to use their Service. Fenritec disclaims all liability for any unlawful or fraudulent use of passwords generated by the Customer. The provision of passwords is deemed confidential. Any suspicion of intentional or unintentional disclosure of the provided passwords engages the sole responsibility of the Customer, to the exclusion of Fenritec. In the event the Customer requests a password change, Fenritec reserves the right to bill this service based on the time spent on the operation. The Customer alone shall bear the consequences of any service malfunction resulting from any use by themselves, members of their entourage, or any person to whom the Customer has provided their password(s). Likewise, the Customer alone bears the consequences of the loss of said password(s).

The Customer undertakes to comply with all applicable legal and regulatory provisions, in particular those relating to IT, files, liberties, and intellectual property, as well as the rights of third parties (image rights, privacy rights, etc.), and ensures that the data stored by themselves or by authorized users complies with these provisions. The Customer remains the sole owner of the data and files they transfer and/or store on the Service. The Customer agrees not to transfer, store, copy, or share data for which they do not hold all rights or, failing that, the authorization of the rightsholders. The Customer assumes full responsibility for sharing files stored on their Service. Furthermore, they undertake not to share data stored on the Service as part of a public communication, outside the private or professional sphere.

Fenritec reminds the Customer that use of the Service via mobile internet may give rise to charges by their telephone operator, which the Customer must check. Fenritec disclaims any liability if the Customer’s use of the Service results in billing by another operator third party to this contract. The Customer also agrees to take out all necessary insurance with a reputedly solvent organization to cover any damages attributable to them under this contract or its performance.

Failure by the Customer to comply with the above points, and in particular any activity likely to incur civil and/or criminal liability, will entitle Fenritec to disconnect and/or interrupt the Customer’s services without delay and without prior notice and to terminate the contract immediately and automatically, without prejudice to any damages to which Fenritec may be entitled.

Consequently, the Customer undertakes to handle personally any claim and/or proceedings, whatever their form, purpose, or nature, brought against Fenritec and related to the obligations placed on the Customer under this contract. The Customer undertakes to inform Fenritec within 48 hours of any change in their situation, and within 24 hours of any possible password loss. For any contact with Fenritec, the Customer undertakes to state their request clearly, in accordance with standard practice.

4.1. FDrive

Fenritec reminds the Customer that the Service is not intended for mass file exchange or “cryptocurrency mining,” and accordingly Fenritec reserves the possibility of carrying out control measures to verify the Customer’s proper use of the Service. The Customer is prohibited from using, storing, and/or sharing content liable to offend public order or morality, incite racial hatred, be negationist or revisionist, violent, obscene, defamatory, zoophilic, child-pornographic, pornographic, etc.

The Customer vouches for compliance with the undertakings hereunder by the users to whom they grant access to their storage space. The Customer undertakes to check that file transfers made via the Software are indeed successful. Fenritec disclaims all liability in the event of failure during the procedure for transferring or downloading files to the Customer’s storage space. It is the Customer’s responsibility to take all necessary steps to verify that a transferred file is actually stored on the Service and is not compromised or altered. Likewise, the Customer acknowledges that they may have to transfer a file again if its previous transfer was interrupted.

5. Use of services

To benefit from the feature allowing publication of content, the customer must have created and activated a Fenritec account in accordance with Article 1 of these Terms. The Customer will then be invited to purchase a product on the store and enter their personal information to complete their customer identifier. From validation of this step, the Customer must wait for service activation (a few minutes) and may use said service.

6. Personal data

Fenritec reminds the Customer that, as part of the Service, Fenritec will retain a set of personal data to meet its regulatory and judicial obligations. The measures taken for this purpose are available in the “Privacy Policy/GDPR Charter.”

7. Security and confidentiality

Fenritec undertakes to implement all measures required to ensure the security of the Customer’s data.
Connections made by the Customer to the Service are encrypted via the TLS (Transport Layer Security) protocol, compatible only with modern browsers (Firefox 63, Android 8.0, Chrome 70, Edge 75, Opera 57, Safari 12.1), regardless of the nature of the connection: reading, upload, or download.
Fenritec has taken all technical measures necessary to preserve the confidentiality of the Customer’s data.
Data stored on the Service are strictly partitioned so that they can be accessed only by the Customer and in no case by another Customer.
Fenritec undertakes not to interfere with the Customer’s data other than duplicating the contents of the storage space within the infrastructure solely to ensure Service redundancy in the event of a possible interruption.

8. Technical support

Fenritec provides the Customer with a technical support service accessible via tickets at https://www.fenritec.fr/assistance.

9. Performance, pricing, and payment

9.1. Creation of the customer account

For any order of a paid Service from Fenritec, the Customer must create a customer account including accurate and up-to-date contact and banking information.

9.2. Order execution

Provision of the service occurs after activation of the customer account by Fenritec and within a maximum of 7 days from the effective payment of the order form by the Customer under a paid plan. Effective payment is made once the sums corresponding to the Service are credited to Fenritec’s account. After this period and in the absence of provision of the service by Fenritec, the Customer is entitled to request cancellation of the transaction and reimbursement of the sums already paid.

9.3. Pricing

The current prices for the various services offered by Fenritec are available online at https://www.fenritec.fr and on request from Fenritec at the address specified in the “Who are we?” section.

The services or work ordered are listed on the order form; they are inclusive of all taxes unless otherwise stated and are payable in euros. Fenritec reserves the right to change its prices at any time, subject to informing the Customer by email or by an online notice on the site https://www.fenritec.fr one month in advance if the new prices before tax are less favorable to the Customer.

In such case, from that notice the Customer will have a period of one month to terminate this contract without penalty. Failing that, the Customer will be deemed to have accepted the new prices. Price changes will apply to all contracts, including those in progress.

Fenritec reserves the right to pass on, without delay, any new tax or any increase in the rates of existing taxes. Services provided by Fenritec are payable upon order.

The Customer is solely responsible for payment of all sums due under the Fenritec service contract. By express agreement and unless a deferral is requested in time and granted by Fenritec in a specific and written manner, total or partial non-payment on the due date of any sum due under the contract will automatically and without prior notice entail:

• immediate payment of all sums remaining due by the Customer under the contract, regardless of the agreed method of payment;
• suspension of all ongoing services, whatever their nature, without prejudice to Fenritec’s right to terminate the contract;
• the impossibility of subscribing to new services or renewing them;
• the application of interest at a rate equal to 15%, provided that it shall not be less than one and a half times the legal interest rate in force in France.

Any disagreement regarding invoicing and the nature of services must be expressed by email to the address shown on the Fenritec site within one month after the order form is issued. If costs are incurred by Fenritec, it will inform the Customer and provide supporting documents and the corresponding invoice. The Customer must then pay the amount due in euros.

9.4. Payment

Payment is made online by bank card via Stripe at the time the contract is concluded.

9.5. Service renewal

Fenritec will automatically renew any subscribed service. Data are deleted within thirty (30) days from the expiration of the Service. It is therefore the Customer’s responsibility to take all necessary measures to ensure the recovery of their data or that of users they authorize.

Likewise, under a paid plan, any failure to pay or irregular payment—that is, in particular, an incorrect or incomplete amount, or lacking the required references, or made by a means or procedure not accepted by Fenritec—will be purely and simply ignored and will result in Fenritec rejecting the registration or renewal request.

10. Termination, limitation, and suspension of service

1. Each party may terminate the contract automatically and without compensation in the event of force majeure lasting more than thirty days,
2. The contract is terminated automatically and without notice in the event of a breach by the Customer of an essential obligation hereunder,
3. For termination before the contract’s expiry, the Customer is free to request deletion of their Service via the software or through their Management Interface. At the same time, they may request termination of the contract by simple postal mail to the address specified in the “Who are we?” section. The Customer may not claim reimbursement by Fenritec of sums already paid.
4. In all other cases of breach by either party of any of its obligations under the contract not remedied within 7 days from either an email sent by the complaining party notifying the breaches in question, or any other form of formal notice sent by said party, the contract will be terminated automatically, without prejudice to any damages that may be claimed from the defaulting party. The date of notification of the letter containing the breaches in question shall be the date of the postmark upon first presentation of the letter.
5. Fenritec reserves the right to interrupt the Customer’s service if that service constitutes a danger to maintaining the security or stability of Fenritec’s hosting platform. Where possible, Fenritec will inform the Customer in advance. If necessary, Fenritec reserves the possibility of interrupting the service to carry out a technical intervention, to improve its operation, or for any maintenance operation.

11. Operating conditions

The Customer acknowledges that fluctuations in bandwidth and uncertainties of the access provider are elements that may cause discontinuity in the services offered by Fenritec and are outside its technical means. Furthermore, the service is restricted, limited, or suspended automatically by Fenritec:

1. if it appears that the Customer uses the services provided for any activity that is not compliant with these general conditions;
2. if Fenritec receives a notice to that effect from a competent administrative, arbitral, or judicial authority, in accordance with the applicable laws, or from a third party, where the reported nature appears unlawful or likely to incur Fenritec’s liability;
3. if the contact details indicated in the customer account appear false, inaccurate, or not up to date.

12. Customer information and service compliance

The Customer acknowledges having verified that the Service meets their needs and having received from Fenritec all the information and advice necessary to enter into this commitment knowingly. Fenritec reserves the right to monitor compliance with the service’s terms of use.

13. Tolerance

The fact that Fenritec does not invoke any of these general conditions at a given time and/or tolerates a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted as a waiver by Fenritec of its right to invoke any of said conditions later.

14. Right of withdrawal

The Customer (for whom the status of consumer within the meaning of the provisions of the Consumer Code is retained) expressly accepts immediate performance of the Service from validation of their order and before the end of the statutory 7-day period. Consequently, and in accordance with Article 121-20-2 of the Consumer Code, the Customer has no right of withdrawal either upon initial subscription to the Service or upon renewals or new orders. The right of withdrawal is also excluded for Customers for whom consumer status within the meaning of the Consumer Code cannot be retained.

15. Modification

The online general and special conditions prevail over printed general and special conditions. The parties agree that Fenritec may, as of right, modify its service with no formalities other than informing the Customer by an online notice and/or by updating the online general conditions. Any modification or introduction of new subscription options will be announced online on the site located at https://www.fenritec.fr or by sending an email to the Customer.

In this event, the Customer may, by way of derogation from Article 9, terminate the contract within thirty days from the effective date of these changes.

16. General provisions

1. The nullity of any clause of the service contract subscribed with Fenritec, pursuant in particular to a law, a regulation, or following a decision of a competent court with the force of res judicata, shall not entail the nullity of the other clauses of the service contract, which shall retain their full effect and scope. In this case, the parties shall, as far as possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose of the contractual Conditions.
2. The article headings in the contractual Conditions are solely intended to facilitate references and do not, in themselves, have contractual value or particular meaning.
3. The special conditions and any appendices are incorporated by reference into Fenritec’s General Service Conditions and are inseparable from said General Conditions. All of these documents are referred to in this document. All documents incorporated into this contract by reference can be consulted by the Customer at the addresses indicated on the site https://www.fenritec.fr. These documents are also subject to modifications or updates.
4. For any exchange of information by email, the date and time of Fenritec’s server shall prevail between the Parties. This information will be kept by Fenritec for the entire period of the contractual relationship. All notices, communications, and formal demands provided for in the General Conditions shall be deemed validly delivered if sent by registered letter with acknowledgment of receipt.
5. In the event of a dispute with a client not considered a consumer within the meaning of the Consumer Code, exclusive jurisdiction is assigned to the Commercial Court of Val de Briey (France), notwithstanding multiple defendants or third-party proceedings, including for urgent measures, protective measures in summary proceedings, or on petition.

17. Governing law

This contract is governed by French law. This applies to both substantive and procedural rules, excluding, on the one hand, the conflict-of-law rules provided for by French law and, on the other hand, provisions of French law that would be contrary to this Contract.