General 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 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: Service responsible for advising the Client during the installation and use of their Service by providing technical advice or, where applicable, appropriate documentation.

Client: Legal entity or natural person registered in one of Fenritec’s information systems.

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

Data: Computer files of any type belonging to the Client and capable of being stored through the Service.

Client Identifier: Client account for any service subscribed from Fenritec that enables access to various services (i.e., shop, Fenritec Alpha, etc.).

Software: Set of programs, procedures, rules and documentation relating to the operation of the data-processing system enabling access to the Service.

Service(s) Performed: Service(s) entrusted to the Provider by the Client under the Contract.

Parties: The Client and the Provider as defined in the Contract.

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

1. Purpose

This section lists all services covered by this document.

Creation of the Client’s account must be carried out on the site https://login.fenritec.eu in order to access any service. The Client 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. Fenritec Alpha

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

The Service also enables the publication of content by creating URLs through which the Client may grant access to their content. The Service then constitutes an online public communication service within the meaning of the law, and the Client is responsible for the content published and the recipients. A limit of 250 link openings is imposed to prevent use of Fenritec Alpha 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 Client’s Internet connection.

When using the Service, the transfer, viewing and deletion of data are performed by the Client directly from the Software.

Fenritec cannot guarantee the upload of files larger than 5 GB. Fenritec invites any Client wishing to put a file of that size online to contact technical support to learn the most effective method for doing so.

Fenritec retains files that have been permanently deleted from the application for a period from 7 days to 1 month in order to allow the Client to 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 performance of the contract, or of any obligation incumbent upon Fenritec hereunder, is prevented, limited or disrupted by fire, explosion, failure of transmission networks, collapse of installations, epidemic, earthquake, flood, power outage, war, embargo, statute, injunction, request or requirement of any government, strike, boycott, withdrawal of authorization from the telecommunications operator, or other circumstances beyond Fenritec’s reasonable control (“Force Majeure Event”), then Fenritec, subject to prompt notice to the Client, shall be excused from performing its obligations to the extent of such prevention, limitation or disruption, and the Client shall likewise be excused from performing its obligations to the extent that such obligations are related to the performance so prevented, limited or disrupted, provided that the affected party uses 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 Force Majeure Event shall keep the other party regularly informed by email of the expected end or restoration of such Force Majeure Event. If the effects of a Force Majeure Event last longer than 30 days from notification of the event to the other party, the contract may be terminated as of right at the request of either party, without any right to compensation on either side. Liability shall also not be incurred where caused by the Client, in particular in the following cases:

• deterioration of the Software/Service (except responsible disclosure of IT vulnerabilities),
• improper use of the Service by the Client or by users to whom the Client has granted access to their storage space, fault, negligence, omission or failure on their part, failure to follow advice given,
• unlawful disclosure or use of the password created by the Client,
• fault, negligence or omission by a third party over whom Fenritec has no power of control or supervision,
• request for temporary or permanent interruption of the Service issued by a competent administrative or judicial authority, or notice from a third-party rightsholder,
• partial or total destruction of information transmitted or stored as a result of errors directly or indirectly attributable to the Client,
• total or partial failure to comply with an obligation and/or failure of network operators transporting data to the Internet and, in particular, the Client’s access provider(s).

Any compensation due by Fenritec in the event of Service failure resulting from a proven fault on its part shall correspond to the direct, personal and certain loss related 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 Clients (for example, untimely disclosure of confidential information concerning them due to defects or hacking of the system, a third-party claim against the Client, etc.). In any case, the amount of damages that may be charged to Fenritec, should its liability be established, shall be limited to the amount actually paid by the Client to Fenritec for the period concerned or invoiced to the Client by Fenritec, or to the amount corresponding to the price of the service, for the part of the Service for which Fenritec’s liability has been retained. The lower of these amounts shall be taken into account.

Any action in liability brought by the Client against Fenritec must be instituted within a maximum period of 12 months from the event giving rise to the damage. After that time, no action may be brought against Fenritec. If, as part of the Service, Fenritec is required to take any protective measures necessary for the management of its infrastructure, it is the Client’s responsibility to take all measures necessary 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, whatever the cause, including any not expressly mentioned herein.

Likewise, all costs that may be incurred for data recovery shall remain the sole responsibility of the Client. Fenritec shall in no event be held liable for the loss or deterioration of the Client’s Data or of the users having access to their storage space. Fenritec likewise assumes no responsibility for the dissemination of data stored by the Client or their authorized users. The Client acknowledges that nothing herein relieves them of the obligation to pay all amounts due to Fenritec for the services provided.

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

Installation of the Software by the Client 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 Client of the inherent risks of installing software on their device.

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

Fenritec reserves the right to carry out maintenance operations on the infrastructure subject to prior notification to the Client. The Client acknowledges that the Service may be unavailable for the duration of such maintenance. Fenritec will endeavor, where possible, to limit the duration and disruption caused by these operations. Likewise, 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. Client’s obligations and liability

The Client warrants that they have the power, authority and capacity necessary to enter into and perform the obligations set forth herein. The Client undertakes to provide, when creating their client account and upon any changes thereto, accurate and up-to-date contact details and banking information (if a paid plan) to Fenritec.

The Client is solely and entirely responsible for the passwords necessary to use their Service. Fenritec disclaims all liability for any unlawful or fraudulent use of passwords generated by the Client. Passwords are considered confidential. Any suspected disclosure, whether intentional or not, of the passwords provided places sole responsibility on the Client, to the exclusion of Fenritec. If the Client requests a password change, Fenritec reserves the right to charge for this service based on time spent. The Client alone shall bear the consequences of any malfunction of the service resulting from any use by themselves, members of their entourage, or any person to whom the Client has provided their password(s). Likewise, the Client alone bears the consequences of losing the aforementioned password(s).

The Client undertakes to comply with all applicable laws and regulations, in particular those relating to IT, files, privacy and intellectual property, as well as the rights of third parties (image rights, privacy rights, etc.), and shall ensure that the data stored by themselves or authorized users comply with these provisions. The Client remains the sole owner of the data and files they transfer and/or store on the Service. The Client 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 Client assumes full responsibility for sharing files stored on their Service. Moreover, they undertake not to share data stored on the Service as part of any public communication, outside the private or professional sphere.

Fenritec reminds the Client that use of the Service via mobile Internet may be subject to billing by their mobile operator, which the Client must verify. Fenritec disclaims any liability if the Client’s use of the Service results in charges by another operator external to this contract. The Client also undertakes to take out all necessary insurance with a solvent organization to cover any damage attributable to them under this contract or its performance.

Failure by the Client to comply with the above points, particularly any activity likely to give rise to civil and/or criminal liability, will entitle Fenritec to disconnect and/or immediately interrupt the Client’s services without delay and without prior formal notice, and to terminate the contract immediately and as of right, without prejudice to any damages to which Fenritec may be entitled.

Consequently, the Client undertakes to handle personally any claim and/or proceedings of any form, purpose or nature brought against Fenritec that relate to the obligations imposed on the Client under this contract. The Client undertakes to inform Fenritec within 48 hours of any change in their situation, and within 24 hours of any possible loss of passwords. For any contact with Fenritec, the Client undertakes to state their request clearly, in accordance with customary rules.

4.1. Fenritec Alpha

Fenritec reminds the Client that the Service is not intended for mass file sharing or “cryptocurrency mining,” and as such Fenritec reserves the right to take control measures to verify proper use of the Service by the Client. The Client undertakes not to use, store and/or share content that may be offensive to public order or morality; incites racial hatred; is negationist or revisionist; is violent, obscene, defamatory; or involves zoophilia, child sexual abuse material (CSAM), or pornography.

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

5. Use of the services

To benefit from the feature allowing publication of content, the Client must have created and activated a Fenritec account in accordance with the provisions of Article 1 hereof. The Client will then be invited to purchase a product in the shop and provide their personal information in order to complete their client identifier. From validation of this step, the Client must wait for activation of the service (a few minutes) and may then use said service.

6. Personal data

Fenritec reminds the Client 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 Client’s data.
Connections made by the Client 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 Client’s data.
Data stored on the Service are strictly partitioned so that they can be accessed only by the Client and in no case by another Client.
Fenritec undertakes not to interfere with the Client’s data other than to duplicate the content of the storage space within the infrastructure solely to ensure Service redundancy in the event of any interruption.

8. Technical support

Fenritec provides the Client with a technical support service accessible via tickets and directly from the login page after signing in.

9. Performance, pricing and payment

9.1. Creation of the client account

For any order for a paid Service from Fenritec, the Client must create a client account including accurate and up-to-date contact details and banking information.

9.2. Performance of the order

Provision of the service occurs after activation of the client account by Fenritec and within a maximum of 7 days from the effective payment of the order form by the Client as part of a paid plan. Effective payment is deemed made once the amounts 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 Client is entitled to request cancellation of the transaction and a refund of the amounts already paid.

9.3. Pricing

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

The services or work ordered are listed in the order form; prices 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 Client by email or by an online notice on the site https://www.fenritec.eu one month in advance if the new prices before tax are less favorable to the Client.

In such a case, from the date of this information the Client will have one month to terminate this contract without penalty. Failing this, the Client 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 rate of existing taxes. Services provided by Fenritec are payable upon order.

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

• immediate demandability of all sums still owed by the Client under the contract, whatever the method of payment provided;
• suspension of all services in progress, whatever their nature, without prejudice to Fenritec’s right to
• terminate the contract;
• the impossibility of subscribing to new services or renewing them;
• application of interest at a rate equal to 15%, which may not be less than one and a half times the legal interest rate in force in France.

Any disagreement concerning 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 Client and provide supporting documents and the corresponding invoice. The Client 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 erased within thirty (30) days from the expiration of the Service. It is therefore the Client’s responsibility to take all necessary measures to ensure the recovery of their data or that of authorized users.

Likewise, for a paid plan, any non-payment or irregular payment—i.e., in particular, an incorrect or incomplete amount, or one not including the required references, or made by a means or procedure not accepted by Fenritec—will be 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 as of right and without compensation in the event of force majeure lasting more than thirty days,
2. The contract is terminated as of right and without notice in the event of the Client’s breach of an essential obligation hereunder,
3. For termination before the contract’s expiration, the Client is free to request deletion of their Service via the software or through their Management Interface. They may also request termination of the contract by simple postal mail to the address specified in the “Who are we?” section. The Client cannot claim a refund from Fenritec of amounts already paid.
4. In all other cases of breach by either party of any of its contractual obligations not remedied within 7 days from either an email sent by the complaining party notifying the breaches in question or any other form of notice with probative value sent by said party, the contract shall be terminated as of right, without prejudice to any damages that may be claimed from the defaulting party. The date of notification of the letter listing 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 Client’s service if such service poses a danger to the security or stability of Fenritec’s hosting platform. Where possible, Fenritec will inform the Client in advance. If necessary, Fenritec reserves the right to interrupt the service to carry out a technical intervention to improve its operation or for any maintenance operation.

11. Operating conditions

The Client acknowledges herein that fluctuations in bandwidth and the vagaries of the access provider are factors that may cause discontinuity in the services offered by Fenritec and are external to its technical means. Moreover, the service is restricted, limited or suspended as of right by Fenritec:

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

12. Client information and service compliance

The Client acknowledges that they have verified that the Service is suitable for their needs and that they have received from Fenritec all the information and advice necessary to subscribe to this agreement with full knowledge of the facts. Fenritec reserves the right to monitor compliance with the terms of service use.

13. Tolerance

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

14. Right of withdrawal

The Client (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 expiry of the statutory 7-day period. Therefore, and in accordance with the terms of Article 121-20-2 of the Consumer Code, the Client does not have the option to exercise the right of withdrawal, whether upon first subscription to the Service or upon renewals or new orders. Exercise of the right of withdrawal is also excluded for Clients who do not qualify as consumers within the meaning of the Consumer Code.

15. Modification

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

In such a case, the Client 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 invalidity of any clause of the service contract entered into with Fenritec, notably pursuant to a law, regulation or following a decision by a competent court with the force of res judicata, shall not entail the invalidity of the other clauses of the service contract, which shall retain their full effect and scope. In such a case, the parties shall, insofar as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of the contractual Conditions.
2. The article headings of the contractual Conditions are intended solely to facilitate references and have no contractual value or particular meaning in themselves.
3. The special conditions and any appendices are incorporated by reference into Fenritec’s General Service Conditions and are inseparable therefrom. All of these documents are referred to in this document. All documents incorporated herein by reference may be consulted by the Client at the addresses indicated on the site https://fenritec.eu/en/legal/. These documents are furthermore subject to change or evolution.
4. For any exchange of information by email, the date and time of Fenritec’s server shall be binding between the Parties. This information will be retained by Fenritec for the entire duration 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 granted to the Commercial Court of Val de Briey (France), notwithstanding multiple defendants or third-party claims, including for urgent measures, protective measures, summary proceedings or ex parte applications.

17. Governing law

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