French version

General Terms and Conditions of Use

These general terms and conditions of use are up to date as of 08/03/2019 (8 March 2019).

1. LEGAL NOTICE

These general terms and conditions of use (hereinafter referred to as the "GTCU") are issued by the company RIZVI LABS (hereinafter referred to as the "Company"), a "société par actions simplifiée" (simplified joint stock company) with a capital of 1,000 euros, registered in the Paris Trade and Companies Register (RCS) under number 834 504 144, and whose registered office is located at 66 Avenue des Champs Elysées 75008 Paris.

The Company can be contacted by email at the following address: contact@nodesociety.com and at the following non-surcharged telephone number: 00 33 9 62 57 48 16.

The Company owns and publishes the Node Society application (hereinafter referred to as the "Application") and this website (hereinafter referred to as the "Site").

The Application and the Site are hosted by OVH, 2 rue Kellermann - 59100 Roubaix - France, contactable by phone at 1107.

The Director of Publication and Editor in Chief of the Application and the Site is Ameer Rizvi.

2. PURPOSE

The purpose of these GTCU is to define the terms and conditions under which the Company authorises Users to use its Application and its Site.

The Company makes available to Users an Application allowing, in particular, the remote synchronisation of Users' data stored on the various personal physical media belonging to them (computer, mobile terminal), as well as other Services that may be offered periodically via the Application and/or the Site.

3. DEFINITIONS

The following terms used in these GTCU beginning with a capital letter, in the singular or in the plural, shall have the following meanings:

4. APPLICATION AND ENFORCEABILITY OF THE GTCU

The use of the Application implies the prior acceptance by the User of these GTCU. Electronic acceptance of these GTCU will be deemed to have the same value as a signed acceptance by the User. By accessing the Site, the User also agrees to be bound by these GTCU and all their provisions relating to the Site.

Acceptance of these GTCU implies that Users have the legal capacity to do so. If this is not the case, they must have permission from a guardian or trustee if they do not have capacity, or from their legal representative if they are minors. If they are acting on behalf of a legal entity, they should hold a power of representation.

The Company may modify these GTCU at any time. Prior to the entry into force of any new terms and conditions, the Company will inform Users with a User Account of any such new provisions. If the User does not reply for a period of one (1) week, the modifications proposed by the Company will be deemed to have been accepted by the User.

The fact that the Company does not avail itself at a given time of any provision of these GTCU cannot be interpreted as a waiver of availing itself at a later date of any provision of the GTCU.

5. ACCESS TO SERVICES

Before being able to download the Application, the User is asked to provide the Company with a valid email address in order to create a User account. The User will also be asked to create his or her Identifiers. As such, it is up to the User to choose a strong password composed of at least 6 characters and 3 different types of characters among the four existing types of characters (upper case, lower case, numbers, and special characters) and to change it regularly. Users are solely responsible for the choice, use and possible communication of their Identifiers.

It is the User's responsibility to maintain the confidentiality and security of Identifiers. Users must immediately inform the Company of any unauthorised use of their Identifiers. The Company cannot be held liable for any loss or damage resulting from the gross negligence of Users in failing to protect Identifiers.

In the event of loss, theft, unauthorised use or risk of such use of Identifiers, it is up to the User to modify these immediately, and to inform the Company thereof.

6. USER OBLIGATIONS

• The User undertakes to use the Application and the Site fairly and in accordance with the provisions of these GTCU and in compliance with applicable law. The User must not in any event:
• Infringe the Intellectual Property Rights of the Company and/or any third party;
• Use the Application and/or the Site for illegal purposes;
• Undermine the Application and/or the Site, and in particular use a process designed to distort, alter, modify, or disassemble protocols and communications, such as, in particular, viruses, Trojans, worms, logic bombs, etc.;
• Alter or attempt to alter the functionality or availability of the Application and/or the Site;
• Decompile, extract, disassemble, modify, display in User-readable form, or attempt to discover any source code, or use any software activating or making sense of all or part of the Application and/or the Site;
• Attempt to obtain unauthorised access to the technological systems of the Application and/or the Site or to engage in any activity that disrupts, reduces quality, or interferes with performance or deteriorates the functionalities of the Application and/or of the Site;
• Engage in activities that infringe the privacy of other persons, in particular by impersonating another person; or
• Download the Application on the mobile phone of a third party without first obtaining the informed, express and prior consent of the End User of the Application.

If, for any reason, the Company considers that the User has not complied with these GTCU, the Company may at any time, and at its sole discretion, delete the User's account and take all measures including any civil and criminal legal action against the User. Sums paid in advance by the User for a subscription shall not be reimbursed in the event of deletion of the User's account under these circumstances.

7. PRICES AND PAYMENT TERMS (SUBSCRIPTIONS)

Subject to having accepted a subscription offer proposed by the Company through the Site or the Application, the User can enjoy access to specific paid Services. The total price of the order and the subscription period will be indicated in the description of the offer selected by the User, before the User validates the order and proceeds to payment. The total payment amount is indicated in euros, inclusive of all taxes.

These prices may be modified at any time by the Company. As such, prices displayed are only valid on the day of subscription and do not have future effect.

The User guarantees the Company that he or she has the necessary authorisations to use the selected payment method. After validation of the order with an obligation for payment, the contract will be validly entered into between the Company and the User, and will bind them irrevocably.

The Company reserves the right to suspend all access to the Application, the Site and/or the Services in the event of non-payment or partial payment of any sum due by the User to the Company, in the event of any payment incident, or in the event of fraud or attempted fraud.

Users may notify the Company at any time of their wish to terminate the subscription free of charge. Termination will however take effect on the expiry date of the current subscription and no refund will be made. Under no circumstances may a registered User be reimbursed for a payment period once it has already started.

In accordance with Article L.121-25 of the French Consumer Code, Users also acknowledge that they expressly waive their right of withdrawal corresponding to the use of paid Services before the expiry of the 14 day legal withdrawal period, the commencement of which begins as soon as the order is validated.

8. AVAILABILITY AND INTERRUPTION OF SERVICES

Before any use of the Application and/or the Site, Users must ensure that they have the technical and IT resources enabling them to use the Application and/or the Site. Users are also asked to ensure that the IT configuration of their hardware and equipment is in good order and does not contain viruses.

The Company shall implement all measures allowing uninterrupted access to the Application, the Site and/or the Services. However, the Company cannot under any circumstances be held liable in the event of an interruption of service due to Internet failures, bugs, or operating errors. The Application, the Site and/or the Services may also be temporarily interrupted in the event of maintenance operations.

The Company shall not be held liable if the unavailability of the Application, the Site and/or the Services is due to an act of a third party, or of a User acting beyond of the scope the User's mandate.

9. INTELLECTUAL PROPERTY

All the content and components of the Application, the Site and the Services are protected by copyright, trademark, design or model rights, and/or all other Intellectual Property Rights. These components are the exclusive property of the Company. All of these rights are reserved for the whole world.

The name and mark of the Company, the logos, designs, stylised letters, figurative marks, and all signs represented on the Application and/or the Site are and will remain the exclusive property of the Company. Any use by the User of the corporate names, marks and distinctive signs belonging to the Company is strictly prohibited without the Company's express prior consent.

Under these GTCU, the Company grants the User a non-exclusive right to use the Application, the Site, and the Services. This right of use is strictly personal and cannot under any circumstances be assigned or transferred to any third party. The aforementioned right of use is granted only for the duration of subscription to the Application or consultation of the Site, and is subject to full payment for any paid Services ordered by the User.

Unless expressly authorised in advance by the Company, the User is prohibited from carrying out any act of reproduction of the Application, the Site and/or the Services, including in particular:

• Any adaptation, making available to the public whether or not at their request, distribution, retransmission in any form whatsoever, networking, or public communication of all or part of the Application, the Site and/or the Services, and of all components protected or liable to be protected by Intellectual Property Rights, made available to the User by the Company;
• Any extraction or reuse, including for private purposes, of a substantial part of the content of databases belonging to the Company;
• Any repeated and systematic extraction or reuse, including for private purposes, of a part, even if non-substantial, of the content of the Application, the Site and/or the Services provided by the Company.

10. LIABILITY

To the extent permitted by applicable law, the Company cannot be held liable for harmful consequences resulting from the following scenarios:

• Non-compliance by the User with the installation, commissioning and usage instructions for the Application
• Disruption of telecommunications or electrical networks
• Use of the Application and/or the Site with third-party hardware or IT services
• Intrusions or cyber attacks that are not the result of a security breach of the Company
• Any force majeure event within the meaning given to it by French jurisprudence
• Any action by the User
• and more generally, any event that is not attributable to the Company

Finally, it is recalled that under the Data Sync Services provided by the Company to the User, the Company does not at any time provide a hosting service for the User's data, which will remain stored on the User's servers. Users are therefore entirely responsible for backing up and restoring the data belonging to them, and which the Users synchronise via the Application.

11. THIRD PARTY LINKS

The Application and/or the Site may contain links to websites and other services not published or controlled by the Company. The Company cannot be held liable for the operation or content of such websites or services, or any components which are present on, or obtained via such websites.

The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and should not be interpreted as an express or tacit endorsement by the Company, either of such websites or of their contents.

12. PERSONAL DATA

The use of the Application, the Site and/or the Services gives rise to the collection and processing of personal data relating to Users.

Such collection and processing operations are carried out in accordance with the Company's Privacy Policy.

13. APPLICABLE LAW AND ELECTION OF JURISDICTION

These GTCU are governed by and construed in accordance with French law, without regard to any conflict of law principles.

In the event of a dispute that may arise during the interpretation and/or performance of these GTCU, or in connection with the same, the User may decide to submit the dispute with the Company to a contractual mediation procedure ("médiation conventionnelle"), or any other alternative dispute resolution method.

The User may, in particular, visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the dispute settlement bodies approved in France: https://webgate.ec.europa.eu/odr/.

If this mediation procedure fails, or if the User wishes to refer the matter to a court, the Civil Procedure Code shall apply.