This document sets out the conditions of use of the Application, and in particular the rules of communication to be observed.

The data confidentiality policy is described in the following  
 “Confidentiality Policy” screen.

1 – General terms and conditions of use (GTC)

These general terms and conditions of use govern the use of the “Landfiles Agriculture” application for iOS or Android compatible mobile terminals (hereinafter referred to as the “Application”), made available by Landfiles, a SASU with a capital of 50,000 euros, registered with the Paris Trade and Companies Registry under number 830139564, whose registered office is at 17 Rue Bérenger, 75003 PARIS, represented by Mr. Nicolas MINARY acting in his capacity as Chairman (hereinafter referred to as “we” or “Landfiles”).

In order to access and use this Application, you must accept these general terms and conditions (hereinafter the “GTC”) once you have read them, regardless of your country of residence.

This acceptance will be formalized by ticking the corresponding box when you register, and will have the same value as a handwritten signature.

We reserve the right to modify the GTC at any time by publishing a new version of the GTC in the Application or on the Site, notifying you by e-mail or by notifying you when you next log in.

If you do not accept the amended GTC, you must delete your account and stop using the Application.

The GTC applicable to the use of the Application are those in force on the date of use.

If the GTC are translated into another language, the French version will prevail.

The GTC are supplemented by the Data Privacy Policy and the Legal Notice, which are available on the Application.

Special conditions (hereinafter “SC”), signed or accepted between a User, or a legal entity for its members, then constituting the Users, and Landfiles, may also specify or derogate from these GTC.

The user of the Application may be referred to as “You” or “User(s)” in the singular or plural.

2 – SERVICES OFFERED

This Application offers two complementary services, on iOS and Android, and includes a networking service, the main features of which are described below.

The services provided to you by Landfiles through the use of the Application are hereinafter referred to as the “Services”:

  • A free service
  • A paid service

The Application is constantly being developed, and the free services may change at Landfiles’ discretion (deletion, addition, modification). There is no guarantee that the free services listed below will be maintained, as detailed in Article 3 “Access to the Application”.

The Services are accessible via the Application downloaded and installed by you on your compatible mobile terminal.

The Services are strictly reserved for authorised Users who have a user account (username and password) created by Landfiles. Each user account is unique and strictly personal.

2.1 Creating and describing a farm

Any User can create a farm in the Application. The following fields are compulsory: Name, Town, Postcode, Country, Specialisations. The User undertakes to only register data that is correct and corresponds to a real farm or agricultural structure that exists on the list of authorised territories.

2.2 Inviting Users and authorisations

Any network User who has administrator rights on a farm may invite a User to use the Application and Services, by giving them access rights on the farm, including the following rights:

  • Administrator: the right to authorise Users and modify User rights, and to publish, comment on and read all information posted on the farm.
  • Publisher: the right to publish photographs and observations about the farm, and to read and comment on existing publications.
  • Contributor: the right to comment on farm publications
  • Reader: the right to read farm publications.

Users may only invite people working in a profession related to agriculture.

Agricultural advisors, veterinarians, students and teachers must complete the name of the organisation to which they belong. Landfiles reserves the right to delete a user account that does not provide this information, or that does not indicate it after Landfiles has issued a request by email.

Landfiles is not obliged to make the Application available to a User who is not related to the agricultural world. However, the invitation of a member who does not fall within the above-mentioned categories may be submitted to Landfiles by sending an email to the following address: support@landfiles.com.

2.3 Publication and assignment of the Publication on the farm, with optional assignment to a plot, animal or group of animals

The term “Publication” refers to photographs and observations published about a farm.

Any User with “Administrator” or “Publisher” rights can publish photos on the farm, create a reference for a plot of land, an animal, or a group of animals, and assign the publication to the plot of land, animal or group of animals.

Any data published by a User on a farm may be used by the Administrator of the farm. This is authorised, free of charge, for its commercial activity relating to the farm, throughout the world, and for the entire duration of intellectual property protection, and covers the following rights:

  • The right of use, in whole or in part.
  • The right to consult, in whole or in part.
  • The right of reproduction, on any existing or future medium, and by any means, in whole or in part.
  • The right to publish, in whole or in part.
  • The right of representation, by any means, in whole or in part.
  • The right to adapt, modify or translate, in whole or in part.

2.4 Publications tag, description, comments

Each Publication can be assigned :

  • A predefined or personal tag.
  • A description (which can only be added for photographs).
  • A status of rivate or public (see definition below).

2.5 Rules for reading “private” publications

Only Users with one of the following rights to the farm in question may read the Publications attached to a farm:

  • Director
  • Publisher
  • Contributor
  • Reader

2.6 Private and public nature of a Publication

All Private Publications are subject to the reading rights indicated in the paragraph entitled “Rules for reading private publications”.

All Public Publications are visible to all Users of the network. Only network Users have access to Public Publications, which are not visible to non-registered members, unless otherwise stipulated in any Service subscribed to by the farm administrator

2.7 Creating a group

Any User can create a group in the Application. The name of the group is compulsory. The creator of the group automatically becomes the owner of the group and can invite members to the group. All users must first be registered with Landfiles to join a group. By default, your group is private; only invited members will be able to access it. You can make your group public and open it to the Landfiles community by contacting us once the group has been created. Groups open to the Landfiles community are listed on the the “public groups” page the “Public Groups” page. The administrators of a group can refuse access to the group or exclude a user at any time if their registration or use does not correspond to the purpose of the group. All group publications are governed by the same rules as farm publications. The rights and responsibilities of group users and administrators in terms of data management are listed in the data confidentiality policy in paragraph 4. The creation of and membership in a group implies acceptance of the conditions of use of the data by Landfiles and by the group administrator.

3 – ACCESS TO THE APPLICATION

3.1 – access as part of the free service

The Application is available for all Android and iOS devices.

The Application is available to download free of charge from the Android and iOS app stores.

You are responsible for the costs of accessing the Application and the Internet, as well as any other costs that may apply to connect to or use the Application.

Downloading the Application from the application shop implies acceptance of the general terms and conditions of the said app stores. These terms and conditions can be consulted on the store concerned. It is your responsibility to ensure that you comply with the applicable terms and conditions.

Updates to the Application will also be pushed via the corresponding app store.

We will use our best endeavours to keep the Application accessible and available, without incurring any obligation of result.

Access to the Application may be restricted at any time to allow for maintenance, repair or updating, without the need for notification.

We do not undertake to :

  • Assume any obligation of result in connection with the provision of the Application.
  • Ensure he Application is free of bugs or is accessible at all times.
  • Specify any frequency of maintenance or updating of the Application.
  • Guarantee any quality of service for the Application or any maintenance of the functions of the Application.
  • Assure any level of service and availability for the Application.
  • Commit to any duration of support for the Application.

We will only use our best efforts to ensure that the Application operates securely. However, we do not guarantee absolute security of the Application.

We are also free to suspend, modify or terminate support for the Application or to cease marketing it, in particular by withdrawing the Application from app stores application shops.

We are free to develop the Application at our discretion, in particular by adding or removing functions or by modifying its operation. The existence of a function within the Application is in no way a guarantee of the continuity of said function, which you acknowledge and accept.

In order to use the Application, you must have a compatible terminal. Landfiles makes no commitment as to the compatibility of the Application with your terminal, nor as to the durability of such compatibility.

3.2 – Specific additional access as part of a paying service

Each application customer who has subscribed to a paid service contract benefits from additional guarantees and commitments on the part of Landfiles. These specific commitments are specified in the commercial contract between the customer and Landfiles. In the absence of specification, Landfiles undertakes to provide access to the services mentioned in the contract to the best of its ability, and offers the guarantees specified in paragraph 9.1 of the GTC.

4 – APPLICATION REGISTRATION AND USER ACCOUNT

4.1 Registration

The Application is accessible to all adults who can create a user account.

If a minor wishes to use the Application and create a user account, he or she must have the written consent of his or her legal representative, which must be provided to us upon first request.

By using the Application, you declare that :

  • You have the capacity to enter into a legally binding contract, either directly or via an authorisation from the holder of parental authority.
  • You are not prohibited from using the Application under the laws in force in France or in any other country.

The Application complies with the laws and regulations applicable in France. If you are located in another country, you are responsible for ensuring that use of the Application is authorised by local laws and regulations. We provide no guarantee in this respect.

4.2 User account

You can only create one user account per person.

You are responsible for choosing a sufficiently secure password.

You must also provide the information required to create your user account, in accordance with our Data Confidentiality Policy. This information must be accurate, up-to-date, and complete.

This user account will be used to access your session on the Application.

We shall not be liable in the event of access to the user account by a third party, by means of a brute force attack, or in the event of unauthorised use of the user account by a third party, and for any damage caused by such use.

You are responsible for the security and use of your user account ID and password.

If your username or password is compromised in any way, you must inform us as soon as possible in order to limit the risk of compromise.

4.3. Deregistration

If you wish to unsubscribe, you can send a request to suppoer@landfiles.com, or via the option to this effect in the Application, if available.

You must inform us if you wish to delete the contributions you have created on the various farms in question. You should also specify whether you wish to delete a farm for which you are the legal representative.

In the absence of an express request to that effect, in the event of deletion of the user account, the contributions will remain available on the Application and will be accessible to other Users.

In the absence of an express request to delete a contribution, we shall nevertheless be free to choose whether or not to maintain a contribution posted online by a User or a former User, without our liability being incurred in this respect.

If you wish to re-register, you can send a request to support@landfiles.com or request an invitation from another User of the Application.

4.4 Closing the account

If we are informed that you do not have legal capacity or do not comply with the T&C of the Application, your user account may be closed immediately, without prior notice and without Landfiles being held liable. Your data may then be deleted immediately in accordance with our data management policy.

6 – PUBLISHING CONTENT

6.1. Type of publications

This Application is not designed for communications and post other than those set out below, which the User undertakes to comply with. Landfiles reserves the right to delete any content or post that does not comply with these rules.

The community will also be asked to report any content that does not comply with these rules. If you would like to have your say on the content of these rules, please contact us at support@landfiles.com.

As a preamble, we would like to clarify the following definitions:

Private Post: refers to data published on the farm’s private network, i.e. visible to authorised users on a farm. These authorisations can be viewed and modified by the farm administrator.

 Public Post: refers to published public data. The following are considered to be public data or Publications: the banner photo of the farm, the name of the farm, its town, its country, its region, the presentation of the farm, the specialisations as well as the descriptive fields that accompany them (areas farmed, fertilisation methods, animal welfare, etc.), as well as any photo or observation categorised as “Public” and published on the farm by a user authorised by the administrator, as well as the description of the photo and the associated comments.

Public data :

  • Are published on the entire Landfiles network, and therefore visible to all users
  • Are potentially published on external sites if the farm belongs to a group, according to the group’s legal notices

Publications within a Group :

A group refers to a group of farms offered by a legal entity, visible in the Application. Membership of a group may entail rights to make images available, whether publicly or privately. The rules for making images available are systematically described on the farm’s group membership page. In a future version of the Application, the farm administrator will be able to unsubscribe from a group.

The farm’s data may be automatically communicated to the groups to which the farm subscribes, in accordance with the conditions set out in the group’s description in the “egal Legal Information” section. In particular, the group may authorise Landfiles to transfer data to third parties using the Application’s traceability system. Each third-party entity receiving data will have signed a contract with Landfiles, ensuring compliance with the conditions of use of the data. The traceability system, accessible by each farm administrator, makes it possible to be informed of all data flows that have given rise to the sharing of farm data. The specific conditions of sharing (in particular the duration of sharing) are indicated under the reference of the group to which the farm belongs.

Unless specifically agreed by the group administrator, and apart from the technical aspects of storing data to improve performance, third parties to whom the data is shared have no right to save the data (descriptions, photographs, etc.) on any medium whatsoever, nor to use the data in any context other than that for which it was supplied. The photos may only be consulted online, using the means made available (data access APIs). Any deviating use will be subject to a specific agreement from the farm administrator, via their user interface.

The rules for publication within the professional network are as follows:

Type of publication Mandatory communication rule
Private publications These publications are for private use only. It is the author’s responsibility to check that any communication of this type is categorised as Private, i.e. that the following criterion is not activated when the Publication is made: “The photo (or observation) is public”, i.e. observations and photographs, as well as user comments relating to private publications.
Public publications Any public communication, i.e. with the following criterion activated at the time of publication: “The photo (or comment) is public”, must comply with the following rules:
  • Communications must present the farm in a way that enhances its value without risking damaging the image of the profession.
  • The following are authorised:
    • Photographs of crops, meadows, and natural areas close to crops, ideally highlighting the preservation of biodiversity
    • Photographs of clean animals
    • Photographs of clean, tidy farmhouses, ideally decorated with flowers
    • Observations highlighting either livestock (e.g. by specifying the feed given to the animals) or crops (by specifying crop operations, e.g. harvesting carrots this week) are formally excluded:
  • Any photographs or observations of animals that are dirty, too numerous, indoors, or sick.
  • Any photograph of a dirty, untidy farmhouse The User will aim to limit photographs that are not brightly lit or taken in bad weather Specificities regarding the use of public data and Publications may be formulated on the page of each Group to which the farm belongs; these are clearly indicated to the farm administrator. |

6.2. User behaviour

6.2.1. Publications and content

General

You undertake to ensure that Publications comply with the laws and regulations in force.

They must therefore not be contrary to public policy or public decency, and must not infringe the rights of any individual.

You are responsible for the Publications posted on the Application, in in any capacity, and for your exchanges with other Users.

We have no editorial role in the Publications that you place online, and only play the role of a host, in accordance with French law.

We cannot therefore be held responsible for Publications, comments, behaviour, or exchanges of information by Users.

We remain the sole judge, at our discretion, of the Publications and content that may be published on the Application, which you accept and acknowledge.

However, you can notify us of any Publication or content that may contravene this document by sending an e-mail to the following address: support@landfiles.com.

Any Publication is submitted strictly free of charge and you may not request any payment from Landfiles in this respect.

Publications

Landfiles allows you to upload Publications to the Application in accordance with the GTC.

All Publications must respect the rights of third parties, and in particular their intellectual property rights.

You are responsible for choosing the extent to which Publications are distributed. If no choice is made, the Publication will be public and may be consulted by all Users of the Application.

All publications must comply with the following rules:

  • Basic rules of courtesy,
  • Principles of respect for for human dignity

The following Publications are prohibited on the Application (non-exhaustive list):

  • Illegal content,
  • Content subject to criminal penalties,
  • Content contrary to the regulations in force in France,
  • Content contrary to public decency,
  • Content contrary to public policy,
  • Content that may offend other Users, including but not limited to:
  • Pornographic,
  • Pedophilic
  • Obscene,
  • Inciting racial/religious/sexual/ethnic hatred,
  • Defamatory,
  • Discriminatory,
  • Hateful,
  • Insulting,
  • Aggressive,
  • Contemptous
  • Harassment,
  • “Trolling” (A “troll” is an individual who persists in publishing on subjects that cause offence or sowing discord between Users).
  • Denigrating,
  • Violent,
  • Denial of crimes against humanity, incitement to murder and/or violence, revisionism, anti-Semitism, glorification of war crimes or crimes against humanity.
  • Prostitution,
  • Invasion of privacy,
  • Political content
  • Incitement to commit an offence.
  • Content including personal details or confidential information.
  • Content infringing the rights of third parties, in particular in the event of infringement of copyright, trademark, designs, patents, databases, privacy, unfair competition and/or parasitism, infringement of image rights, privacy rights or personal data,
  • Inaccurate or misleading content,
  • Content that is too frequent, long-winded, superfluous or redundant.
  • Content or links to any third-party site.

6.2.2. Intellectual property rights

You undertake to upload only Publications for which you hold full intellectual property rights. You also undertake not to reproduce the Publication of another User, on the Application or any other medium, without the prior written consent of the said User.

You guarantee us against any recourse or claim from a third party due to an infringement of any of their rights (in particular in the event of counterfeiting, unfair competition, infringement of image rights, denigration or parasitism). In this case, we could hold you liable. This guarantee includes payment of the costs of proceedings and fees that we may have to bear in connection with such action or claim.

Your Publications (texts and images, or any other element) are your property.

You grant us a licence to use these Publications or any other elements, for publication within the Application and as part of the Services.

This Publications licence includes:

  • The right to use, in whole or in part.
  • The right to consult, in whole or in part.
  • The right of reproduction, on any existing or future medium, and by any means, in whole or in part.
  • The right to publish, in whole or in part.
  • The right to display, by any means, in whole or in part.
  • The right to adapt, modify or translate, in whole or in part.

These rights apply to any current or future digital recording medium, and in particular to any server, hard disk or any medium used for the temporary or permanent storage of data.

You authorise us to use your surname, first name and profession in your Publications.

We may also, without infringing your moral rights, modify the Publications for technical or graphic reasons, or for reasons of compatibility.

This licence is granted free of charge, irrevocable, non-exclusive and transferable, for the entire duration of copyright protection, and throughout the world.

This licence allows us to use the Publications on the Application for any useful purpose (commercial, advertising, etc.). These data and Publications may be transmitted to third parties, via membership of a group and in accordance with the legal notices displayed by the group.

6.2.3. Moderation

For all elements published on the Application, we act as host. Thereforee cannot therefore be held liable for these elements.

In accordance with our legal obligations, we will take all necessary steps to remove any illegal content as soon as it is reported.

However, any element published on the Application may be subjected to post moderation.

In the event of non-compliance with the GTC, we reserve the right to suspend, modify or delete content at our discretion.

Any element published on the Application may be subject to post-moderation in order to allow peaceful use of the Application and to allow constructive exchanges between Users.

In accordance with the GTC, any User may report a Publication or exchange that does not comply with the GTCs.

However, private disputes between Users must be settled privately by them, and we exclude all liability in this respect.

We may also, without prior notice, close the user account of any User who does not comply with the GTC. We cannot be held liable in this respect, and no compensation may be claimed from us.

You can report any problematic content to us at support@landfiles.com.

6.2.4 Safety

You undertake not to act in any of the following ways, without this list being exhaustive:

  • Act in a way that could compromise the operation of the Application,
  • Attempt to access a third party’s user account,
  • Attempt to access our servers (outside normal use of the Application) or computers.
  • Attempt to upload viruses, Trojan horses or any other invasive or illegal programs to our servers,
  • Extract data or computer code from the Application without our prior written authorisation,
  • Use the Application in an illegal manner or in breach of these GTC or any applicable law.

6.2.5. Use of the Application

You may use the Application in accordance with these GTC, to the exclusion of any other rights.

You undertake not to :

  • Reproduce the Application in any way, by any means and in any form.
  • Reverse-engineer all or part of the Application, extracting the computer code.
  • Adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble or transcode all or part of the Application.
  • Attempt to contravene these GTC in any way whatsoever.

7 – DATA

Use of the Application implies the collection of personal data by us, in a manner that complies with the applicable legislation and regulations.

You are fully aware that any personal data you submit directly or indirectly to Landfiles will be processed automatically.

The Landfiles Data Privacy Policy can be consulted on the website or in the settings of the mobile application or on the Landfiles website.

8 – TECHNICAL ASSISTANCE AND CONTACT

We provide technical support at the following address: support@landfiles.com.

This support can be used to report any anomaly relating to the services, any problematic content or to ask any question relating to the Application and its Services. Landfiles will only respond to questions and messages corresponding to these issues. Users who have subscribed to a paying contract have a specific support contact specified in their contract.

9 – GUARANTEE

The Application and Services are provided free of charge, without any express or implied guarantee of suitability for your needs.

9.1 Free user guarantee

The Application and Services are provided “as is”, without warranty of any kind.

You are responsible for ensuring that they meet your needs or expectations, and that you have all the necessary equipment to operate them.

We do not guarantee the performance and results, in particular technical, economic and/or commercial, of the Application and the Services. We also do not guarantee that the Application and its content are free from errors, defects, malicious software or viruses.

We accept no responsibility for any damage, loss of data or unavailability of access to information on the Application due to network malfunction or any other reason beyond our control and, more generally, for any damage or malfunction resulting from a cause beyond our control.

9.1 Additional guarantees for paying users

When subscribing to Landfiles’ additional paid services, a specific contract is signed with the customer for additional guarantees. In general terms, Landfiles undertakes to ensure, for the duration of the contract and to the best of its ability :

Technical operation of the high-availability platform,

-Accessibility of listed services to all users included in the contract for the duration of the subscription,

-Customer notification of changes in application versions,

-Security of user data,

-In the event of  a security problem, the customer is notified within 24 hours and a plan of corrective or precautionary measures is put in place,

-A support service for technical problems,

-A response to any problem reported within 3 working days.

10 – LIABILITY

The Application is provided on a best-efforts basis.

We will do our utmost to ensure that this is available, but we will not be liable for any immaterial and/or indirect damage such as, in particular, loss of earnings, financial loss and/or commercial loss, whether or not resulting from the use of the Application and the Services.

We shall also not be held liable for any damage to property or personal injury resulting from access to or use of the Application or Services, or from the impossibility of accessing or using them.

You are solely responsible for your use of the Application.

The information provided by Landfiles on the Application is provided for information purposes only and without any guarantee of accuracy, updating or validity. We shall therefore not be liable for any errors, omissions or lack of validity for any reason whatsoever. You must check the information yourself before using it, as the Application is not intended to provide advice.

The information provided by Users is provided under their own responsibility. Landfiles also accepts no liability in this respect.

We shall not be held liable if the Publications infringe the rights of third parties. Only the User who uploaded the Publication will be liable in this respect.

11 – INTELLECTUAL PROPERTY RIGHTS

The texts, images, domain names, trademarks, designs, models, patents, software and databases used in the Application are :

  • Our property, or ;
  • Where applicable, the property of a third party who has provided us with a user licence.

These elements are protected worldwide.

We authorise you to download and install the Application on your mobile terminal, and to use the Application for your business purposes, on a non-exclusive, revocable, free, non-transferable and worldwide basis.

You are not authorised to market the Application or the information obtained from the Application.

These GTC do not grant you any other intellectual property rights. You may not therefore use the elements of the Application, in whole or in part, without our prior written consent. This includes, but is not limited to, copying, adapting, creating derivative works, distributing, reproducing, modifying, translating, arranging, broadcasting, transferring, decompiling, selling, licensing or otherwise exploiting the Application, the Services or any associated content.

Any partial or total reproduction of these elements may constitute an infringement. We reserve the right to take any action that may be necessary to assert our rights and compensate for our loss.

12 – LINKS

The Application may contain links to third-party sites as well as articles, photographs, text, graphics, images, design elements, music, sound files, video sequences, information, applications, software and other content or elements belonging to or originating from third parties.

As a result :

  • We do not guarantee the accuracy, relevance or completeness of third-party sites or third-party content,
  • We are not responsible for the content, accuracy, offensiveness, opinions, reliability, privacy practices or other practices of third-party sites or third-party content,
  • Access to third-party sites from the Application or use of third-party content is at your own risk and responsibility.

We cannot be held responsible in any way for any damage, direct or indirect, caused to you by third-party sites.

We are also free to remove any link appearing on the Application, at our discretion.

13 – OTHER STIPULATIONS

13.1. Compliance with legislation

The Application complies with French regulations. Consequently, Landfiles may not be held liable if a User located outside French territory uses the Application in the event of non-compliance with applicable foreign regulations.

In particular, Users must familiarise themselves with local and national laws to ensure that they comply with them when using the Application.

13.2 Entire agreement

These GTC take precedence over any other stipulation that may apply to the relationship between Landfiles and the User. They are supplemented by the Data Privacy Policy and the Legal Notice. These GTC cancel and replace any previous undertaking by the Parties relating to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.

13.3 Exclusivity

No exclusivity is agreed between the Parties by acceptance of these GTC. The Parties remain free to contract with third parties of their choice.

13.4. Survival of certain provisions

The termination of these GTC, for any reason whatsoever, shall not constitute a term for clauses whose nature or content requires them to be maintained.

13.5. Partial invalidity

If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a definitive decision by a competent court, they will be deemed to be unwritten and the other stipulations will retain all their force and scope.

13.6. Non-waiver and tolerance

The fact that Landfiles does not claim from the other Party a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question and shall not have the effect of granting the other Party any acquired rights.

Failure or delay by Landfiles in exercising a right shall not be construed as a waiver of that right.

13.7 Independence

Neither Party may make any commitment in the name of and/or on behalf of the other. In addition, each of the Parties remains solely responsible for its acts, allegations, commitments, services, products and personnel.

13.8. Proof

The Parties agree that all electronic communications, in particular e-mail, shall constitute proof between them.

In particular, the User acknowledges the evidential value of Landfiles’ automatic recording systems and, unless the User provides proof to the contrary, waives the right to challenge them in the event of a dispute.

13.9. Force Majeure

In the performance of these GTC, Landfiles shall not be held liable if the Application ceases to function due to any Force Majeure event.

For the purposes of these GCS, Force Majeure is defined as any unforeseeable, irresistible event external to the Parties within the meaning of French law and jurisprudence.

In the event of Force Majeure, Landfiles shall use its best efforts to allow the Application to function.

If Force Majeure persists, Landfiles may terminate the services of the Application without notice and without incurring any liability.

13.10. Jurisdiction

The GTC are governed by French law.

Any dispute relating to the performance or interpretation of these GTC that cannot be resolved amicably between the Parties shall be submitted to the competent court within the jurisdiction of the Paris Court of Appeal, including in the event of summary proceedings, a warranty claim or multiple defendants, and regardless of the User’s country of origin.

Update date: 27/05/2024 Copyright © Landfiles