GENERAL CONDITIONS OF SALE (CGU)

In addition to this, you need to know more about it.

ETNIDEV RCS de Nanterre under number 531 972 479, 25 rue Paul Bert 92800 Puteaux, France

In addition to this, you need to know more about it.

Entry into force : January 01, 2021

In addition to this, you need to know more about it.

1. OBJECT

In addition to this, you need to know more about it.

The company ETNIDEV (hereinafter: " ETNIDEV ") has developed and operates the "CityGem" application (hereinafter: the " Application ") allowing its users (hereinafter: the " Users " to discover cities from around the world In each of the available cities or places, Users can choose a route (hereafter: the “ Route ” (s) to discover the traveled town and its points of interest. These general conditions apply without restriction or reservation to any order for services relating to the Application (hereinafter: the " Services " from ETNIDEV. Their purpose is to define the terms and conditions for the provision of Services for the benefit of the customer identified in the (s) ) Quotation referred to in the article " Order of Services and acceptance of the general conditions " (hereinafter: the " Customer " They constitute, with the Quote (s), an inseparable contractual whole (hereinafter: the " Contract »In case of contradiction ction, the provisions of the Quotation prevail over these general conditions. In case of contradiction between different Quotes, the most recent document prevails over the oldest. The Contract prevails over all other general or specific conditions not expressly approved by ETNIDEV.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

2. ORDERING SERVICES AND ACCEPTANCE OF THE GENERAL CONDITIONS

In addition to this, you need to know more about it.

Prior to any performance of the Services, it is the Customer's responsibility to provide ETNIDEV with useful information and documents to enable it to identify its needs and expectations. ETNIDEV will establish on this basis one or more quotes (hereinafter a "Quote"). Unless otherwise stated, Quotes issued by ETNIDEV are valid for 1 (one) month from their issue. In the absence of validation by the Customer within this period, they will lapse. The Customer who wishes to order the Services must validate the corresponding Quote within the above period, by any useful written means and in particular by email. This validation can be followed if necessary by the issuance of an order form by the Customer, such an order form having no impact on the Contract as defined above. Any validation of a Quote, express or implied, implies full and complete acceptance of these general conditions, in their version in force on the date of the Quote concerned. Any acceptance subject to reservation is considered null and void. The Customer who does not agree to be bound by these general conditions must not order Services from ETNIDEV. In the event of modification of the initial Services or of a new order, a new Estimate is established. The provisions of this new Estimate prevail over those of the old one. In the absence of any indication in the new Estimate, the commitment periods remain identical to the first Estimate.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

3. DESCRIPTION OF SERVICES

In addition to this, you need to know more about it.

3.1. Application Development

In addition to this, you need to know more about it.

ETNIDEV has designed and operates the Application as presented to the Client. The Application is downloadable and accessible under iOS and Android operating systems less than 3 (three) years old. The Customer declares to have taken cognizance of the characteristics of the Application, that he has received from ETNIDEV all the advice, instructions and details which are necessary for him to conclude this Contract in full knowledge of the facts, which he thus has at his disposal. sufficient knowledge of the Application and that he has interacted sufficiently with ETNIDEV to ensure that the Application corresponds to the functionalities he expects from it and to its brand image. The Customer further acknowledges and accepts that the Application is a new technology, subject to constant research to improve performance and progress, in particular, and that it cannot be completely free from defects.

In addition to this, you need to know more about it.

3.2. Creation of routes

In addition to this, you need to know more about it.

At the Client's request, ETNIDEV undertakes to create the number of Routes indicated in the Quote and which will be integrated into the Application within a maximum period of 6 (six) weeks from receipt of the elements to be provided by the Client. (Course, content, etc.). The characteristics of said Routes will be described in the Quote. ETNIDEV will integrate all the points of interest specific to the Route (hereinafter: the “ Points of Interest ”), photos and texts and voice recordings in the languages ​​indicated in the Quote. The Customer may offer their own routes to ETNIDEV with their Points of Interest and their description. ETNIDEV will remain the sole judge of the advisability of integrating them into the Application.

In addition to this, you need to know more about it.

3.3. Management and. Operation of the Application by ETNIDEV

In addition to this, you need to know more about it.

‣ Availability of the Application

ETNIDEV undertakes to maintain the availability of the Application and access to its general conditions of use and its confidentiality policy from there, as available on https://www.citygem.app

In addition to this, you need to know more about it.

‣ Services provided to Users as part of the Application

In accordance with the terms of the general conditions of use of the Application which the Customer expressly declares to have read, ETNIDEV offers the provision of Routes allowing Users to discover cities and places around the world.


‣ Application Support
ETNIDEV undertakes to provide an assistance service directly to the Customer, subject to receiving their complaints in writing. ETNIDEV undertakes to indicate on its site https://www.citygem.app the contact details of the service to be contacted for any complaint and request for assistance.


‣ Application maintenance
ETNIDEV undertakes to carry out regular checks in order to verify the functioning and accessibility of the Application. As such, ETNIDEV reserves the right to temporarily interrupt access to the Application for maintenance reasons. ETNIDEV undertakes to ensure:


• corrective maintenance of the Application, corresponding to the

provision of updates necessary for deletion

anomalies; and


• the evolutionary maintenance of the corresponding Application:


- the implementation of new versions of the Application, which may include new functionalities, if necessary,
- to the updates of Routes initially created for the Customer, it being specified that any update request relating to a number of kilometers greater than 20 (twenty)% of the total distance of the Route may be invoiced additional, as described in the article "Financial conditions" and,
- the addition of Points of Interest by ETNIDEV or at the Customer's proposal. ETNIDEV cannot be held responsible for any temporary difficulties or impossibilities of access to the Application or of its operation which are caused by circumstances which are external to it, force majeure, or which are due to network disturbances. telecommunications.

In addition to this, you need to know more about it.

3.4. Other services

In addition to this, you need to know more about it.

ETNIDEV reserves the right to offer any other Service it deems useful, in a form and according to the functionalities and

technical means that it deems the most appropriate to provide the said Services.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

4. DURATION

In addition to this, you need to know more about it.

This Contract is concluded for an initial period of 3 (three) years from its signature by the two Parties. It can be terminated free of charge by registered letter every year, 3 (three) months before the anniversary date. The Contract will be tacitly renewed for a period identical to the initial period, unless terminated by registered letter 3 (three) months before the anniversary date.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

5. FINANCIAL CONDITIONS

In addition to this, you need to know more about it.

5.1. Price

In addition to this, you need to know more about it.

In return for the creation of Routes as defined in the article “Creation of Routes”, the Customer undertakes to pay ETNIDEV the price indicated on the Estimate (hereinafter: the “ Price ”). This Price includes any request for the addition of Points of Interest made by the Customer during the Contract, as well as any request for modification of the Route, provided that this modification relates to a distance of less than 20 (twenty)% of the number of kilometers of said Course. Any request for a higher modification will result in an additional cost to the Customer, which will be the subject of an additional Estimate sent by ETNIDEV. ETNIDEV reserves the right, at its discretion and according to terms of which it will be the sole judge, to offer the Customer promotional offers or price reductions.

In addition to this, you need to know more about it.

5.2. Payment and billing methods

In addition to this, you need to know more about it.

Unless otherwise stated, the Prices are expressed in euros and excluding taxes. When the calculation of the Price requires the application of an exchange rate, the applicable rate is that of the date of payment of the Price, the Customer having to bear all the possible applicable exchange charges. The Customer will settle the invoices which will be sent to him annually by ETNIDEV, by any useful means within 30 (thirty) days maximum following their date of issue.

In addition to this, you need to know more about it.

5.3. Late payments and defaults

In addition to this, you need to know more about it.

By express agreement between ETNIDEV and the Customer, any late payment of all or part of an amount due to ETNIDEV at its due date under this Contract will automatically result, without prejudice to the provisions of the article "Termination for default" and from the day following the payment date shown on the invoice:

In addition to this, you need to know more about it.

• The forfeiture of the term of all sums due by the Customer and their immediate payment, regardless of the payment terms that had been provided for;
• Invoicing in favor of ETNIDEV of late interest, due by the sole fact of the expiry of the contractual term, at the rate of 3 (three) times the legal interest rate, based on the amount of the debt. not paid on the due date and the legal compensation provided for in Article D.441-5 of the Commercial Code for collection costs, without prejudice to additional compensation if the collection costs actually incurred are greater than this amount.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

6. AGREEMENT ON PROOF

In addition to this, you need to know more about it.

The Customer expressly recognizes and accepts:


• that the data collected on the Application and on ETNIDEV's IT equipment is proof of the reality of the operations carried out in the context of these conditions,
• that these data constitute the main mode of proof accepted between the parties.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

7. OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER

In addition to this, you will need to know more about it.

Without prejudice to the other obligations provided for in the Contract, the Customer undertakes to comply with the following obligations:


- The Customer undertakes to comply with the laws and regulations in force within the framework of its execution of the Contract and not to infringe the rights of third parties or public order.

In addition to this, you need to know more about it.

- He is solely responsible for the proper accomplishment of all formalities, in particular administrative and fiscal. And / or social responsibilities which are incumbent upon him, where applicable, in relation to the Contract. The responsibility of ETNIDEV can in no case be engaged in this respect.

In addition to this, you need to know more about it.

- The Customer undertakes to provide ETNIDEV with all the documents, elements, data and information necessary for the proper execution of this Contract and to cooperate closely and actively with it. It in view of this good execution.

- The Customer also undertakes to inform ETNIDEV of all the difficulties linked to the execution of the Contract and, in particular, of any complaints or claims of which he may be aware from the Users.

In addition to this, you need to know more about it.

- The Customer undertakes to carry out dynamic commercial actions and to ensure communication relating to the Application and its routes in order to increase their use.


- The Customer declares that he is aware of the characteristics of the Application, that he has received from ETNIDEV all the advice, instructions and details which are necessary for him to conclude these presents in full knowledge of the facts, that he thus has a sufficient knowledge of the Application and that he has, prior to the presents, sufficiently exchanged with ETNIDEV to ensure that the Application corresponds to his expectations, needs and constraints. He further recognizes and accepts that the Application is a new technology, subject to constant research to improve performance and progress in particular, and that it cannot be completely free from defects. As such, he acknowledges having been informed that the Application is designed to function optimally on the most used and most recent phones.

In addition to this, you need to know more about it.

- The Customer is informed and accepts that the Users are solely responsible for the proper functioning of their computer equipment, their connection to telecommunications networks and the functioning of the Application.

In addition to this, you need to know more about it.

- The Customer guarantees ETNIDEV against all complaints, claims, actions and / or claims whatsoever that it may suffer as a result of the violation, by the Customer, of any of its obligations under this Contract.

In addition to this, you need to know more about it.

- The Client undertakes to pay ETNIDEV all the costs, charges and / or penalties that it may have to bear as a result.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

8. OBLIGATIONS AND RESPONSIBILITY OF ETNIDEV

In addition to this, you need to know more about it.

Without prejudice to the other obligations provided for in the Contract, ETNIDEV undertakes to comply with the following obligations:

In addition to this, you need to know more about it.

- ETNIDEV undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Customer recognizes and accepts expressly.

In addition to this, you need to know more about it.

- ETNIDEV does not guarantee the Customer that the Services offered or the final renderings of the Routes will satisfy all of their tastes, needs and expectations.

In addition to this, you need to know more about it.

- ETNIDEV undertakes to use the documents, elements, data, information and content provided to it by the Customer only for the purpose of performing the Services. It guarantees the Customer the perfect conservation of these documents, elements, data, information and content for the duration of the Services and undertakes to destroy them at the end of the Contract.

In addition to this, you need to know more about it.

- ETNIDEV undertakes to carry out regular checks in order to verify the functioning and accessibility of its website and the Application. As such, ETNIDEV reserves the right to temporarily interrupt access to its site and to the Application for maintenance reasons.

Similarly, ETNIDEV can not be held r esponsible of difficulties or impossibilities of momentary access to its website and the application that would have originated from External prevailing circumstances, force majeure, or that would be due to disturbances telecommunications networks.

In any event, the liability that may be incurred by ETNIDEV hereunder is expressly limited to direct damage suffered by the Customer and may not exceed the total amount of the Price paid by the latter for the Services concerned.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

9. TERMINATION FOR DEFAULT

In addition to this, you need to know more about it.

In the event of failure by one of the parties to any of its obligations under this Contract, it will be automatically terminated 15 (fifteen) days after receipt by the defaulting party of a formal notice, remained ineffective, by registered letter with acknowledgment of receipt, stating the intention to apply this clause, without prejudice to any damages that may be claimed from the defaulting party.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

10. EFFECTS OF TERMINATION OF THE CONTRACT

In addition to this, you need to know more about it.

At the end of this Contract or in the event of termination of the Contract for any reason whatsoever, the Customer is informed and accepts that ETNIDEV continues to operate and use the Routes and Points of Interest that will have been created in within the framework of the Contract.

In addition to this, you need to know more about it.

In addition, all obligations intended to survive at the end of the Contract will remain in force for the duration necessary to give them the intended effect.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

11. CONFIDENTIALITY

In addition to this, you need to know more about it.

Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party of which it would be the recipient, which will be expressly identified by the other party as being confidential. With regard to Etnidev, the parties already expressly agree that this confidentiality obligation covers the personal data that ETNIDEV will have to process for the Customer in the context of the Services. All of this information is hereinafter referred to as “ Confidential Information ”.

In addition to this, you need to know more about it.

The party that receives Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of five (5) years from the end of the performance of the Services concerned. It may not transmit them to employees, collaborators, interns or advisers unless they are bound by the same obligation of confidentiality as that provided for herein. This obligation does not extend to documents, elements, data and information:

In addition to this, you need to know more about it.

- of which the receiving party was already aware;

In addition to this, you need to know more about it.

- already public at the time of their communication or which would become so without violation of these general conditions;

In addition to this, you need to know more about it.

- which would have been lawfully received from a third party;

In addition to this, you need to know more about it.

- whose communication would be required by the judicial authorities, in application of laws and regulations or in order to establish the rights of a party under these general conditions.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

12. INTELLECTUAL PROPERTY

In addition to this, you need to know more about it.

This Contract does not grant the Customer any intellectual property rights over the Application and the content created by ETNIDEV, which remains its full and exclusive property, in particular the Routes. Consequently, the Customer formally refrains from reproducing permanently or temporarily the Application in whole or in part, by any means and in any form, as well as from imitating its concept.

In addition to this, you need to know more about it.

The intellectual property of the content and images provided by the Customer belongs to the Customer, who however assigns to ETNIDEV, for use in the context of the Services it offers, the non-exclusive right to reproduce and represent these content and images, in all or part, on all media and by all means, existing or future, foreseeable or unforeseeable, as well as the right to translate, arrange, modify, adapt and / or correct said content and images, subject to respect for moral rights of the author if applicable.

In addition to this, you need to know more about it.

This assignment is granted for the whole world and for the entire legal term of copyright protection. The price of the sale, included in the Price, was fixed at a flat rate by application of Article L 131-4 of the Intellectual Property Code (within the framework of the exemptions provided for in paragraphs 1 to 4 of said article, depending on the context of operations carried out).

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

13. PERSONAL DATA

In addition to this, you will need to know more about it.

As part of the operation of the Application, ETNIDEV collects and processes the personal data of Users and in particular their last name, first name, gender, email address, city of residence, date of birth, as well as telephone number.

In addition to this, you need to know more about it.

The parties agreed that the Application's privacy policy would be accessible from the site https://www.citygem.app for the purposes of information and acceptance by Users of the transmission of their data to ETNIDEV.

In addition to this, you need to know more about it.

Each party is responsible for the security of the personal data which it would receive under this Agreement and undertakes to take all necessary measures to ensure the security of this data.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

14. COMMERCIAL REFERENCES

In addition to this, you need to know more about it.

The Customer undertakes to promote the Application and its Routes during the term of the Contract, by using the name of the Application “Citygem”, its brand, its logo and references from its website, as a commercial references.

In addition to this, you need to know more about it.

The Customer also authorizes ETNIDEV to use its name, brand, logo, and references from its website, as commercial references.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

15. APPLICABLE LAW AND JURISDICTION

In addition to this, you need to know more about it.

The Contract is subject to French law and will be governed and interpreted according to this law.

In addition to this, you need to know more about it.

Any dispute that may arise on the occasion of its validity, its interpretation or its execution will be subject to the exclusive jurisdiction of the Commercial Court of Paris (France), unless imperative rule of procedure to the contrary.

GENERAL TERMS AND CONDITIONS OF SALE (GTCS)

In addition to this, you need to know more about it.

ETNIDEV RCS of Nanterre under n ° 531 972 479, 25 rue Paul Bert 92800 Puteaux, France

In addition to this, you need to know more about it.

Effective date : 2021/01/01

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

1. OBJECT

In addition to this, you need to know more about it.

The company ETNIDEV (hereinafter: " ETNIDEV ") has developed and operates the application "CityGem" (hereinafter: the " Application ") allowing its users (hereinafter: the " Users ") to discover cities around the world. In each of the available cities or places, the Users can choose a route (hereinafter: the " Route (s) ") to discover the city visited and its points of interest. These terms and conditions apply without restriction or reservation to any order for services related to the Application (hereinafter: the " Services " with ETNIDEV. Their purpose is to define the terms and conditions of provision of the Services for the benefit of the customer identified in the Quotation (s) referred to in the article " Ordering Services and acceptance of the general terms and conditions " (hereinafter: the " Customer ") They constitute, with the Quotation (s), an inseparable contractual whole (hereinafter: the " Agreement "). In case of contradiction, the provisions of the Quotation (s) prevail over these general terms and conditions. In the event of contradiction between different Quotations, the most recent document shall prevail over the oldest. The Agreement prevails over all other general or special conditions not expressly approved by ETNIDEV.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

2. ORDERING SERVICES AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

In addition to this, you need to know more about it.

Prior to any realization of the Services, it is up to the Customer to provide ETNIDEV with the useful information and documents in order to enable it to identify its needs and expectations. ETNIDEV will establish on this basis one or more estimates (hereinafter an " Estimate "). Unless otherwise stated, the Estimates issued by ETNIDEV are valid for 1 (one) month from their issuance. In the absence of validation by the Customer within this period, they will be null and void. The Customer who wishes to order the Services must validate the corresponding Estimate within the time limit above, by any useful written means and in particular by email. This validation may be followed, if necessary, by the issue of an order form by the Customer, such an order form being however without incidence on the Contract as defined above. Any validation of a Quotation, whether express or implicit, implies full and complete acceptance of these general terms and conditions, in their version in force on the date of the Quotation concerned. Any conditional acceptance is considered null and void. The Customer who does not accept to be bound by these general conditions must not order Services from ETNIDEV. In case of modification of the initial Services or a new order, a new Quotation is established. The provisions of this new Estimate prevail over those of the old one. In the absence of indication in the new Estimate, the commitment periods remain identical to the first Estimate.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

3. DESCRIPTION OF SERVICES

In addition to this, you need to know more about it.

3.1 Development of the application

In addition to this, you need to know more about it.

ETNIDEV has designed and operates the Application as it was presented to the Customer. The Application is downloadable and accessible under iOS and Android operating systems less than 3 (three) years old. The Customer declares that it has read the characteristics of the Application, that it has received from ETNIDEV all the advice, instructions and details that it needs to enter into this Agreement in full knowledge of the facts, that it thus has sufficient knowledge of the Application and that it has sufficiently exchanged with ETNIDEV to ensure that the Application corresponds to the functionalities that it expects and to its brand image. The Customer further acknowledges and accepts that the Application is a new technology, subject to constant research to improve in particular its performance and progress and that it cannot be completely free of defects.

In addition to this, you need to know more about it.

3.2 Creation of courses

In addition to this, you need to know more about it.

At the request of the Customer, ETNIDEV undertakes to create the number of Courses indicated in the Quotation and which will be integrated into the Application within a maximum period of 6 (six) weeks from receipt of the elements to be provided by the Customer (Courses , happy, etc.). The characteristics of said Courses will be described in the Quotation. ETNIDEV will include all the points of interest specific to the Course (hereinafter: the "Points of Interest"), photos and text and voice recordings in the languages ​​indicated in the Quotation. The Customer will be able to propose his own courses to ETNIDEV with his Points of Interest and their description. ETNIDEV will remain the sole judge of the opportunity to integrate them into the Application.

In addition to this, you need to know more about it.

3.3 Management and operation of the application by ETNIDEV

In addition to this, you need to know more about it.

‣ Availability of the Application
ETNIDEV undertakes to maintain the availability of the Application and access to its terms and conditions of use and privacy policy from it, as available on https://www.citygem.app.

In addition to this, you need to know more about it.

‣ Services provided to Users in the Application

In accordance with the terms and conditions of the general terms of use of the Application of which the Customer expressly declares to have taken knowledge, ETNIDEV offers the provision of Routes allowing Users to discover cities and places around the world.


‣ Support of the Application

ETNIDEV undertakes to provide a service of assistance directly to the Customer, subject to receiving their complaints in writing. ETNIDEV makes a commitment to indicate on its site https://www.citygem.app the co-ordinates of the service to contact for any complaint and request for assistance.


‣ Maintenance of the Application
ETNIDEV undertakes to carry out regular checks to verify the operation and accessibility of the Application. As such, ETNIDEV reserves the right to temporarily interrupt access to the Application for maintenance reasons. ETNIDEV undertakes to ensure:


• the corrective maintenance of the Application, corresponding to

the provision of the updates necessary to remove anomalies;

and
• the evolutionary maintenance of the corresponding Application:

In addition to this, you need to know more about it.

- the implementation of new versions of the Application, which may, if necessary, include new functionalities,
- to updates to the Courses initially created for the Customer, it being specified that any request for an update relating to a number of kilometers greater than 20 (twenty)% of the total distance of the Course may be subject to additional billing, as described in the article "Financial Conditions" and,
- to the addition of Points of Interest by ETNIDEV or on proposal of the Customer.


ETNIDEV cannot be held responsible for temporary difficulties or inability to access the Application or its operation that would be due to circumstances beyond its control, force majeure, or due to disruptions of telecommunications networks.

In addition to this, you need to know more about it.

3.4 Other services

In addition to this, you need to know more about it.

ETNIDEV reserves the right to offer any other Service it deems useful, in a form and according to the features and technical means it deems most appropriate to make such Services.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

4. DURATION

In addition to this, you need to know more about it.

This Agreement is concluded for an initial period of 3 (three) years from the date of its signature by both Parties. It may be terminated free of charge by registered letter every year, 3 (three) months before the anniversary date. The Agreement will be tacitly renewed for a period identical to the initial period, unless terminated by registered letter 3 (three) months before the anniversary date.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

5. FINANCIAL CONDITIONS

In addition to this, you need to know more about it.

5.1 Prices

In addition to this, you need to know more about it.

In consideration of the creation of Courses such as defined in the article " Creation of Courses ", the Customer commits himself paying ETNIDEV the price indicated on the Quotation (hereafter: the " Price" ). This Price includes any request for the addition of Points of Interest made by the Customer during the Contract, as well as any request for modification of a Course, provided that this modification relates to a distance lower than 20 (twenty)% of the number of kilometers of the said Course. Any request for a higher modification will involve an additional cost to the Customer, which will be the subject of an additional quotation sent by ETNIDEV.

ETNIDEV reserves the possibility, at its own discretion and according to modalities of which it will be only judge, to propose to the Customer promotional offers or price reductions.

In addition to this, you need to know more about it.

5.2 Terms of payment and invoicing

In addition to this, you need to know more about it.

Unless otherwise stated, the Prices are expressed in Euros and are exclusive of taxes. When the calculation of the Price requires the application of an exchange rate, the applicable rate is that of the date of payment of the Price, with the Customer having to bear any applicable exchange charges. The Customer will proceed to the payment of the invoices which will be addressed to him annually by ETNIDEV, by any useful means within 30 (thirty) days maximum following their date of emission.

In addition to this, you need to know more about it.

5.3 Late and non-payment

In addition to this, you need to know more about it.

By express agreement between ETNIDEV and the Customer, any delay in payment of all or part of a sum due to ETNIDEV at its due date under this Agreement will automatically, without prejudice to the provisions of the article " Termination for default " and from the day following the payment date on the invoice:

In addition to this, you need to know more about it.

- The forfeiture of the term of all the sums due by the Customer and their immediate exigibility, whatever the methods of payment which had been envisaged;
- The invoicing to ETNIDEV of a late interest, due by the sole fact of the expiry of the contractual term, at a rate of 3 (three) times the legal interest rate, based on the amount of the debt not paid on the
due date and the legal indemnity provided for in Article D.441-5 of the French Commercial Code as collection costs, without prejudice to additional compensation if the collection costs actually incurred are higher than this amount.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

6. CONVENTION OF PROOF

In addition to this, you need to know more about it.

The Customer expressly acknowledges and accepts:


- that the data collected on the Application and the computer equipment of ETNIDEV are proof of the reality of the operations carried out within the framework hereof,
- that such data constitute the principal mode of evidence admitted between the parties.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

7. OBLIGATIONS AND RESPONSABILITY OF THE CUSTOMER

In addition to this, you need to know more about it.

Without prejudice to the other obligations provided for in the Agreement, the Customer undertakes to comply with the following obligations:


- The Customer undertakes to comply with the laws and regulations in force in the context of its performance of the Agreement and not to infringe the rights of third parties or public order.

In addition to this, you need to know more about it.

- He is solely responsible for the proper completion of all formalities, in particular administrative and tax formalities. and / or social formalities that may be incumbent upon it in connection with the Agreement. The responsibility of ETNIDEV can in no way be held liable in this regard.

In addition to this, you need to know more about it.

- The Customer agrees to provide ETNIDEV with all documents, elements, data and information necessary for the proper execution of this Agreement and to cooperate closely and actively with. It in view of this good execution.

In addition to this, you need to know more about it.

- The Customer also undertakes to inform ETNIDEV of all difficulties related to the execution of the Contract and, in particular, of all complaints or claims of which it could have knowledge on behalf of the Users.

In addition to this, you need to know more about it.

- The Customer undertakes to carry out dynamic commercial actions and to ensure the communication relating to the Application and its courses in order to increase their use.


- The Customer declares that it is aware of the characteristics of the Application, that it has received from ETNIDEV all the advice, instructions and details that are necessary for it to conclude the present contract with full knowledge of the facts, that it thus has sufficient knowledge of the Application and that it has, prior to the present contract, sufficiently exchanged with ETNIDEV to ensure that the Application corresponds to its expectations, needs and constraints. He further acknowledges and accepts that the Application is a new technology, subject to constant research to improve in particular performance and progress and that it cannot be completely free of defects. In this respect, it acknowledges having been informed that the Application is designed to function optimally on the most widely used and most recent telephones.

In addition to this, you need to know more about it.

- The Customer is informed and accepts that Users are solely responsible for the proper functioning of their computer equipment, their connection to the telecommunications networks and the operation of the Application.

In addition to this, you need to know more about it.

- The Customer guarantees ETNIDEV against all complaints, claims, actions and / or claims of any kind that it may suffer as a result of the violation, by the Customer, of any of its obligations under this Agreement.

In addition to this, you need to know more about it.

- The Customer agrees to pay ETNIDEV all costs, charges and / or sentences that it may have to bear as a result.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

8. OBLIGATIONS AND RESPONSABILITY OF ETNIDEV

In addition to this, you need to know more about it.

Without prejudice to the other obligations provided for in the Agreement, ETNIDEV undertakes to respect the following obligations:

In addition to this, you need to know more about it.

- ETNIDEV undertakes to provide the Services with diligence and according to the rules of art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and accepts.

In addition to this, you need to know more about it.

- ETNIDEV does not guarantee to the Customer that the Services offered or the final rendering of the Courses will satisfy all his tastes, needs and expectations.


- ETNIDEV undertakes to use the documents, elements, data, information and content that will be provided by the Customer only for the purpose of performing the Services. It guarantees to the Customer the perfect conservation of these documents, elements, data, information and contents during the duration of the Services and undertakes to destroy them at the end of the Agreement.

In addition to this, you need to know more about it.

- ETNIDEV undertakes to conduct regular checks to verify the operation and accessibility of its website and the Application. As such, ETNIDEV reserves the right to temporarily interrupt access to its website and the Application for maintenance reasons. Similarly, ETNIDEV can not be held responsible for temporary difficulties or inability to access its website and the Application that are due to circumstances beyond its control, force majeure, or due to disruptions of telecommunications networks.

In addition to this, you need to know more about it.

In any event, the responsibility likely to be incurred by ETNIDEV under the present terms is expressly limited to the only direct damage suffered by the Customer and may not exceed the total amount of the Price paid by the Customer for the Services concerned.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

9. TERMINATION FOR DEFAULT

In addition to this, you will need to know more about it.

In the event of failure by one of the parties to comply with any of its obligations under this Agreement, this Agreement shall be automatically terminated 15 (fifteen) days after receipt by the defaulting party of a notice of default, which has remained without effect, by registered letter with acknowledgment of receipt, stating the intention to apply this clause, without prejudice to any damages that may be claimed from the defaulting party.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

10. EFFECTS OF THE END OF THE CONTRACT

In addition to this, you will need to know more about it.

Upon expiration of this Agreement or in the event of termination of the Agreement for any reason whatsoever, the Customer is informed and agrees that ETNIDEV continues to operate and use the Courses and Points of Interest that will have been created under the Agreement.

In addition to this, you need to know more about it.

In addition, all obligations that are intended to survive the end of the Agreement, will remain in force for the duration necessary to give them the intended effect.

In addition to this, you need to know more about it.

In addition to this, you will need to know more about it.

11. PRIVACY

In addition to this, you need to know more about it.

Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party to which it would be addressee which will be expressly identified by the other party as being confidential. In the case of Etnidev, the parties expressly agree that this obligation of confidentiality covers personal data that ETNIDEV will process for the Customer as part of the Services. All such information is hereinafter referred to as " Confidential Information ".

In addition to this, you need to know more about it.

The party that receives Confidential Information agrees not to disclose without prior consent of the other party for a period of five (5) years from the end of the performance of the Services concerned. It may only transmit it to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided herein. This obligation does not extend to documents, items, data and information:

In addition to this, you need to know more about it.

- of which the party receiving them was already aware;

In addition to this, you need to know more about it.

- which were already public at the time of their communication or which would become public without breach of these terms and conditions;

In addition to this, you need to know more about it.

- which would have been received from a third party in a lawful manner;

In addition to this, you need to know more about it.

- whose communication would be required by the judicial authorities, in application of laws and regulations or in order to establish the rights of a party under these general conditions.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

12. INTELLECTUAL PROPERTY

In addition to this, you need to know more about it.

This Agreement does not confer to the Customer any intellectual property rights on the Application and the contents created by ETNIDEV, which remain its full and exclusive property, in particular the Courses. Consequently, the Customer formally refrains from reproducing permanently or temporarily the Application in whole or in part, by any means and in any form, as well as from imitating the concept.

In addition to this, you need to know more about it.

The intellectual property of the contents and images provided by the Customer belongs to the Customer, who however transfers to ETNIDEV, for the purposes of use within the framework of the Services that it offers, the non-exclusive right to reproduce and represent these contents and images, in whole or in part, on all media and by all means, existing or future, foreseeable or unforeseeable, as well as the right to translate, arrange, modify, adapt and / or correct the said contents and images, subject to the respect of the moral rights of the author if necessary.

In addition to this, you need to know more about it.

This transfer is granted for the entire world and for the entire legal duration of copyright protection. The price of the transfer, included in the Price, has been fixed on a lump-sum basis by application of article L 131-4 of the Intellectual Property Code (within the framework of the derogations provided for in paragraphs 1 to 4 of the said article, depending on the context of the exploitations carried out).

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

13. DATA OF A PERSONAL NATURE

In addition to this, you need to know more about it.

As part of the operation of the Application, ETNIDEV collects and processes the personal data of the Users and in particular their surname, first name, gender, email address, city of residence, date of birth, and telephone number.

In addition to this, you need to know more about it.

The parties have agreed that the privacy policy of the Application would be accessible from the site https://www.citygem.app for information purposes and acceptance by the Users of the transmission of their data to ETNIDEV.

In addition to this, you need to know more about it.

Each party is responsible for the security of personal data received under this Agreement and agrees to take all necessary measures to ensure the security of such data.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

14. COMMERCIAL REFERENCES

In addition to this, you need to know more about it.

The Customer agrees to promote the Application and its Courses during the term of the Agreement, using the name of the Application "Citygem", its brand, logo and references of its website, as commercial references.

In addition to this, you need to know more about it.

The Customer also authorizes ETNIDEV to use its name, trademark, logo, and references of its website, as commercial references.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

15. APPLICABLE LAW AND JURISDICTION

In addition to this, you will need to know more about it.

The Agreement is subject to French law and shall be governed by and construed in accordance with French law.
Any dispute that may arise in connection with its validity, interpretation or execution shall be subject to the exclusive jurisdiction of the Commercial Court of Paris (France), unless otherwise provided by mandatory procedural rules.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.