1. Company and Users Identification

Pictia SAS (SAS with a capital of 10,750 euros, registered with the Lyon RCS under the number 880 152 251 and having its registered office at 49 rue Louis Blanc, 69006 Lyon), reachable by phone at +33 6 79 96 46 84 or by email at: [email protected] (hereinafter referred to as the "Company" or "Pictia") publishes an internet website accessible, in particular, under the following domain name: "chainote.io," allowing its Users to access an internet Evidence creation service (hereinafter referred to as the "Site").
These general conditions (hereinafter referred to as the "General Conditions") govern the relationship between the Company and individuals or legal entities using the Site and the Services offered therein for professional or personal purposes (hereinafter referred to as the "User(s)").

2. Purpose

The purpose of these General Service Conditions is to define the contractual terms for obtaining one or more usage licenses of the Solution between Pictia and the client (hereinafter referred to as the "Client").

3. Non-Compliance with the General Conditions

Non-compliance with the General Conditions may result in the suspension or termination of the Service, or the closure of the Account, after simple notification by email or registered mail, without any compensation or refund being claimed by the User. The Company's liability cannot be sought in this regard. However, the Company may hold the User liable and seek damages in this regard, including both the damages incurred by the Company and all of its legal costs (including attorney's fees and disbursements), if the User has not complied with these General Conditions.

4. Definitions

In this document, words or expressions starting with a capital letter shall have the following meanings:
Subscription: contract entered into between the Client and Pictia under the Subscription Terms for the allocation of a license to use the Solution;
Client(s): individual or legal entity acting in the course of their professional activity who subscribes to a Subscription;
Account: any account created to use the Solution;
Subscription Terms: terms for acquiring a license to use the Solution and the Services;
Content: content of any nature (editorial, graphic, audio, audiovisual, or other) uploaded to the User's Account;
Personal Data: any information relating to an identified or identifiable natural person as described in Article 4 of the GDPR;
Third-Party License: license granted to the User as part of a Subscription entered into with a Client (for example, as part of a contract with a company, an association, a public organization);
User License: license granted directly to a User through the online registration form;
Data Protection Act: Law No. 78-17 of January 6, 1978 relating to data processing, files, and freedoms, as amended;
Party: one of the parties to the contract, namely Pictia or the Client;
Subscription Period: validity period of the Subscription to the Solution and the Services as described in the Subscription Terms;
Payment Service Provider: Pictia's service provider ensuring payment operations for the subscription price;
Owner: User who creates a Session;
Data Controller: person who determines the purposes and means of processing personal data as defined in Article 4 of the GDPR;
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation);
Services: the services and options offered on the Solution;
Internet Evidence: product of one of the Services offered by the Solution;
Single Sign-On: single sign-on authentication system allowing the User to log in to multiple services with a single identifier;
Site: the website published by Pictia accessible from the address chainote.io;
Solution: the platform allowing the creation of Internet Evidence and document timestamping, developed by Pictia and accessible from the address app.chainote.io;
Subcontractor: person who processes personal data on behalf of the Data Controller as defined in Article 4 of the GDPR;
User(s): any person with an Account on the Solution.

5. Description of the Solution and Services

The chainote web application accessible at the address app.chainote.io is a platform for creating Internet Evidence at the User's request. The web application also allows for document timestamping through the platform.
However, the User is informed that no guarantee is provided regarding the acceptance of Internet Evidence by a court in the event of a dispute, if it is not carried out by a process server. No compensation can be claimed from Pictia by the User.
This Internet Evidence can be carried out through a partner process server, in accordance with the standards in force at the time of establishment of the Internet Evidence.
In this latter case, the User is informed that the Internet Evidence is not carried out by Pictia but solely by its partner process server.
If Pictia uses a process server, Pictia only undertakes to use a process server registered with the National Chamber of Judicial Officers. Pictia therefore does not accept any liability in this regard, particularly if a court rejects the carried out Internet Evidence. No compensation can be claimed from Pictia by the User. (hereinafter referred to as the "Solution").
The Solution provides access to the creation of Internet Evidence, document timestamping, and also to specific options specifically developed for the Client (hereinafter referred to as the "Services").
Pictia also publishes a website chainote.io (hereinafter the "Site").
The Client can subscribe to a subscription allowing them to acquire one or more licenses to use the Solution (hereinafter the "Subscription"), which they can freely distribute to individuals of their choice (hereinafter the "User(s)") under the conditions defined below.

6. Access to the Solution and Services

The Solution and Services are accessible to:
Any natural person acting in the course of their professional activity and having full legal capacity to enter into contracts under these General Terms of Service.
Any legal person acting through a natural person having the legal capacity to contract on behalf and for the account of the legal person. The Solution and the associated Services are not intended to be used by individuals considered as consumers within the meaning of the introductory article of the Consumer Code reproduced below:
"A consumer is any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity."

7. Subscription to the Solution and Services

Clients can subscribe to the Solution and Services either by subscribing directly on the Site through the dedicated form or by contacting Pictia.
Before subscribing to a Subscription, Pictia makes available all the documentation relating to the Services offered and the minimum configuration required for the proper functioning of the Solution and Services (Technical Advice from Pictia).

7.1. Subscription via the online subscription form

The Client can subscribe directly to a Subscription by using the dedicated form on the Website or on the platform itself.
Once the Subscription is selected, the Client will need to create an account on the Solution (hereinafter referred to as the "Account").
Once the dedicated form is filled out, a confirmation email will be sent to the Client's email address for them to validate their Account.
After the Account is validated, the Client can access the payment module to settle the Subscription price directly within the platform. Prior to that, the Client must have filled in the fields related to their personal (and potentially professional) information in the "account" section of their account. Once the payment is validated, an invoice will be accessible in the "invoice" section of their account.

7.2. Subscription via a customized contract

The Client can also subscribe to the Solution and Services by directly contacting Pictia. It is the responsibility of the Client contacting Pictia to provide all the relevant information necessary for Pictia to identify their needs and expectations.
Pictia will prepare a quote or a contract taking into account the Client's needs, specifying in particular the nature, scope, price, and number of licenses (hereinafter referred to as the "Quote" or the "Contract"), which will be sent to the Client.
Unless otherwise stated, the Quote is valid for one month from its issuance. In the absence of validation by the Client within this period, it will become null and void.
Upon receipt of the signed Quote or Contract, Pictia will create an Account in the name of the Client under the conditions provided above.

7.3. Common provisions

The Client expressly acknowledges and accepts that subscribing to a Subscription via the dedicated online form or through a Quote or a customized Contract constitutes a firm and definitive order for the subscription to the use of the Solution and Services. Any cancellation or retraction that occurs after payment will be governed by the provisions of Article 22 (Termination of Contract).
Any subscription to an additional service or upgrade to a higher Subscription plan will be subject to a quote or an amendment to the contract and, if applicable, an additional fee.

8. Acceptance of the general conditions

The present General Terms and Conditions of Service are:
Either accepted online through a checkbox when subscribing to a Subscription. At the time of subscription, the Client can consult the present General Terms and Conditions of Service in order to become aware of them and keep them in a permanent format.
Or accepted by a Client when signing an Estimate transmitted by Pictia or a Contract. In this case, the present General Terms and Conditions of Service will be accessible to the Client in a permanent format for their awareness.
Or expressly signed in case of negotiation in the context of a specific request.
The signature of an Estimate or a Contract, the issuance of a purchase order referring to an Estimate, or the acceptance of the General Terms and Conditions of Service online implies their acceptance without any reservation, making all purchasing conditions inapplicable.
Any subscription to Pictia's Solution and Services implies the acceptance, without reservation, of these terms.
If the Client does not accept all the provisions contained in these General Terms and Conditions of Service, Pictia will not be able to provide access to the Solution and Services to the Client. Any subscription subject to reservation is considered null and void.
For specific needs that do not fit into the formulas offered by Pictia, specific service conditions may be negotiated based on the Client's needs for an additional fee.

9. Right of use

Pictia grants the Client a personal, non-exclusive, non-transferable right to use the Chainote Solution and Services, during the entire duration of the Subscription. The Client may only use the Solution and Services in accordance with the Terms of Use (TOU) accessible from the Site. In particular, the license relating to the Solution is granted solely for the purpose of allowing the Client and its Users access to the Solution and use of the Services, to the exclusion of any other purpose.
The right of use means the right to use the Solution and Services in accordance with their intended use, in SaaS mode via a connection to an electronic communication network.
The Client may not rent, sublet, or make the Solution available to a third party and strictly prohibits any other use, in particular any adaptation, modification, translation, arrangement, dissemination, decompilation, without this list being exhaustive.
To this end, each Client is responsible for its Users who will have a license to access the Solution and Services.
The conditions of access to the Solution and Services (number of named and/or floating licenses, number of reports that can be made, number of document timestamps that can be made, maximum size of uploaded files, support, privacy options, automation options, server options, enterprise authentication, connected applications, etc.) are those provided for in the Estimate or Contract or according to the chosen Subscription plan.
If the Client wishes to increase the maximum number of licenses it benefits from, it must inform Pictia in writing (particularly by email). Pictia will send the Client a new quote including the new Subscription Terms and the corresponding price as soon as possible. Upon acceptance, the new rate will apply and will be invoiced immediately.
The internet evidence reports produced by the Chainote platform are intended for the Client for personal use, for individual defense purposes. Any other use, such as distribution, sale, or resale of the internet evidence reports to third parties, is strictly prohibited for the Client. However, the Client may transmit the internet evidence reports to third parties after purchasing licenses for the internet evidence reports and for those third parties on the Chainote platform. Furthermore, these third parties can directly purchase these licenses on the Chainote platform if the Client offers the option to purchase the internet evidence reports on the Chainote platform, and they will thus obtain the internet evidence reports after purchasing the licenses. The terms of use for the internet evidence reports are specified in these licenses.

9.1. Reserved Use for Personal Purposes

The reports produced by Chainote are intended strictly for personal and professional use by the Client user. Any other use, including making available, commercializing, or reselling the reports, is strictly prohibited unless the user has subscribed to the "Nominal Resale Option" and complies with the associated conditions.

9.2. Resale Restriction Clause

Chainote users are strictly prohibited from making available, commercializing, or reselling the reports generated by the platform unless they have subscribed to the "Nominal Resale Option" offered by Chainote.

9.3. Consequences of Non-Compliance

Any violation of this resale restriction without subscribing to the appropriate option may result in the immediate termination of the user's account and legal action for infringement of intellectual property rights.

10. Account Access

Each user license allows the Client or one of its Users to create an Account on the Solution.
The Client and its Users can access their Account at any time after identifying themselves using their login credentials and password or via the Single Sign-On (SSO) system.
The login credentials and passwords are strictly personal and confidential. Therefore, the Client and its Users are prohibited from disclosing them to any third party. They are equally responsible for maintaining the confidentiality of their login credentials and password; any access to the Solution using these credentials is deemed to be made by the corresponding Client or its Users. The Client undertakes, on its behalf and on behalf of its Users, not to use a generic identifier shared by multiple individuals.
The Client and its Users also agree not to allow the use of their Account by any third party.
If the Client or its Users become aware that their Account has been used without their knowledge, they must immediately contact Pictia using the contact information provided in Article 1 hereof (Solution and Services Operator). They acknowledge that Pictia has the right to take appropriate measures in such cases.

11. Subscription Duration

The subscription takes effect from the date of acceptance hereof and subject to payment of the agreed price or on the agreed date between the Parties, for the duration specified in the chosen Subscription plan, Quote, or Contract (the "Subscription Period"). Upon expiration, the Subscription shall be automatically renewed for a duration equal to the initial Subscription Period. The Client may terminate the Subscription under the conditions specified in Article 22 (Contract Termination).

12. Financial Conditions

12.1. Service Prices

The price of the Subscription is as indicated in the chosen Subscription plan, Quote, or Contract. Unless stated otherwise, Subscription prices are stated in euros and exclusive of taxes. The prices mentioned in the Subscription plans do not include the setup of any additional options requested by the Client, which are subject to specific pricing.
Pictia reserves the right, at its sole discretion and under terms that it alone shall determine, to propose promotional offers or price reductions.

12.2. Tariff Revision

The above-mentioned tariffs may be revised by Pictia at any time, at its sole discretion.
The Client shall be informed of such changes by Pictia through any useful written means (including email) at least one (1) month prior to the effective date of the new tariffs.
Once in effect, the new tariffs shall apply upon the renewal of the Subscription.
The Client who does not accept the new tariffs must terminate the Subscription in accordance with the conditions specified in Article 22 (Contract Termination). Otherwise, they shall be deemed to have accepted the new tariffs.

12.3. Invoicing

The Services are subject to monthly or annual invoices according to the modalities chosen by the Client. The billing cycle is always indicated in the Subscription plans or in the transmitted Quote or Contract. In order to reduce its environmental impact, Pictia no longer provides paper invoices. The Client expressly agrees that all invoices transmitted to them in digital format are considered original invoices.

12.4. Payment Terms

The payment of the subscription price can be made online by credit card, bank transfer, or direct debit (SEPA) through the payment service provider indicated on the Website (hereinafter referred to as the "Payment Service Provider"), or by any other means offered on the Website at the time of ordering.
Credit card payments are processed by the Payment Service Provider, who is solely responsible for storing the Client's banking details for this purpose. Pictia does not process or store any banking details.
The price of the Subscription is due and the payment is made on the day of subscribing to the Subscription and subsequently on its anniversary date upon each renewal.
The Client guarantees Pictia that they have the necessary authorizations to use the chosen payment method. They undertake to take the necessary measures to enable the automatic debit of the Subscription price.
Pictia also accepts checks and purchase orders.

12.5. Late Payment and Incidents

The Client is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date automatically results, without prejudice to the provisions of Article 17 (Sanction for Breach), and from the day following the payment due date indicated on the invoice:
- The forfeiture of the term of all amounts due by the Client and their immediate exigibility;
- The immediate suspension of ongoing Services until full payment of all amounts due by the Client;
- The billing, to the benefit of Pictia, of a late payment interest at a rate of 3 times the legal interest rate, based on the amount of all sums due by the Client, and a lump sum indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.

13. Updates and Maintenance

13.1. Maintenance

In order to improve the Solution and the Services, Pictia may need to perform maintenance operations. In this case, Pictia will inform the Client and the Users at least 3 days in advance through a notification in their Account. Whenever possible, maintenance operations will take place outside of business hours (8am - 7pm) and under the conditions defined in the Service Level Agreement (SLA).

13.2. Evolution of the Solution and Services at the Initiative of Pictia

The Solution and the Services may undergo changes, variations, or extensions by Pictia at any time, provided that these modifications do not substantially compromise the nature or quality of the Solution and Services to which the Client has subscribed. Changes that are considered non-substantial include: Solution updates, system compliance updates, network changes for data routing, and changes in the geographical location for server hosting.
Pictia reserves the right to make any emergency changes to the Solution and Services required for reasons of security, safety, or any other nature. These changes must not substantially compromise the nature or quality of the Solution and Services. Pictia will promptly inform the Client of any such changes made to the Services.

14. Ownership of Data

The Client owns the Content uploaded and disseminated via the Solution and Services. The Client guarantees that they have all the necessary authorizations for storage and dissemination. The Client is solely responsible for the Content hosted on the Solution and the information transmitted or collected, for which Pictia - acting as a host - assumes no responsibility.
Pictia owns all usage data generated by the Client and/or its Users, used for statistical purposes and for improving the Solution and Services.

15. Support

The Client and its Users have access to online support accessible here. Depending on the chosen Subscription, they may also benefit from support via email, live chat, and telephone to report any anomalies, bugs, or unavailability of the Solution and Services to Pictia.
The support conditions are defined according to the chosen Subscription terms.

16. Responsibility and Guarantees of Pictia

Pictia guarantees that the Solution does not infringe on prior rights and does not violate the rights of third parties.
Pictia is only bound by an obligation of means with regard to the commitments set forth herein concerning access to the Solution and the Services that depend on the internet.
The Client expressly acknowledges that Pictia cannot be held responsible for the inability to access the Solution and interruptions of the Services or damages related to: a decision by the authorities;
difficulty of access due to the quality of the internet network and mobile telephony networks;
non-compliant use of the Solution and Services with the General Terms of Use;
abnormal or fraudulent use by the Client, its Users, or third parties requiring the service to be stopped for security reasons;
difficulty of access to the Solution due to technical maintenance operations aimed at its improvement;
difficulty of access or use of the Solution and Services due to an incident occurring within Pictia's service providers (including hosting providers);
difficulty or slowdown in the use of the Solution and Services due to the intrusion of a computer virus, computer worm, Trojan horse, adware, spyware, scareware, backdoor, DDoS attack, botnet attack, or any other computer malware introduced by a third party;
the nature and/or quality of the Content that the Client and its Users download on the Solution;
a delay in the transmission of information and data when Pictia is not responsible for this delay;
the occurrence of any other situation constituting a case of force majeure under the applicable French law and the jurisprudence of French courts and tribunals.
Pictia undertakes to provide the Solution and the Services with diligence and in accordance with the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Client expressly acknowledges and accepts.
Pictia's liability is limited to providing tools and technical means enabling the Client and its Users to organize Sessions, animate them, and/or participate in them. Pictia does not intervene in any way in the organization or animation of these Sessions.
Pictia acts in its own name and does not enter into any legal act on behalf of and for the account of the Clients and their Users, who contract directly with each other.
Pictia is not a party to contracts concluded between the Client and its Users, Facilitators, Moderators, and Participants and shall not be held liable under any circumstances for difficulties that may arise during the conclusion or execution of these contracts or for any disputes that may arise therefrom.
Likewise, Pictia cannot be held responsible for temporary difficulties or impossibility of accessing the Solution resulting from circumstances beyond its control, force majeure, or disruptions in telecommunications networks.
Pictia does not guarantee to the Clients: (i) that the Services, subject to constant research to improve their performance and progress, will be completely free from errors, defects, or faults, (ii) that the Services, being standard and not specifically offered to the sole intention of the Client, will meet their specific needs and expectations.
In this context, Pictia's liability is limited to the sole direct, personal, and certain damages suffered by the Client – up to date with all due payments – excluding the express repair of any indirect and immaterial damages and/or losses, such as: (a) loss of profits, sales, business activity, or revenue, (b) business interruption, (c) loss of anticipated savings, (d) loss or corruption of data or information, (e) loss of business opportunities, customers, or reputation; or (f) any loss, expense, charge, damage, cost, special, indirect, consequential, or purely economic losses, whether reasonably foreseeable or not, even if Pictia has been informed of the possibility that the Client may incur such losses or this type of loss, or if the repair, replacement, or refund of the Solution does not fully compensate the Client for the losses suffered. In all cases, the amount of compensation will be capped at an amount equivalent to 2 monthly payments due under the Contract.

17. Client's Responsibility and Guarantees

The Client guarantees Pictia against any claims, complaints, actions, and/or demands that Pictia may suffer as a result of the Client or its Users' violation of any of its obligations or guarantees under these General Terms of Service, the General Terms of Use, or a violation of applicable laws and regulations. The Client undertakes to indemnify Pictia for any damage it may suffer and to pay all expenses, charges, and/or convictions that it may have to bear as a result. In the event of fraudulent use of the Client's or its Users' credentials due to the fault or negligence attributable to the Client or any User under its control or hierarchical authority, the Client will be liable to Pictia for any loss or deterioration of data, of any kind, and more generally for any damage suffered as a result of unauthorized use of the Solution and Services.

18. Sanctions for Non-Compliance

In the event of a breach of any provision of these General Terms of Service or, more generally, a violation of applicable laws and regulations by the Client or one of its Users:
Pictia reserves the right to take any appropriate measure, including:
suspend access to the Solution and the Services for the User who committed the breach or violation, or participated in it;
delete any content uploaded to the Solution;
publish any informative message on the Solution that Pictia deems useful;
notify any relevant authority;
take any legal action.
Pictia also reserves the right to terminate the Client's or one of its Users' access to the Solution and Services:
either automatically, fifteen (15) days after receipt by the Client or one of its Users of a formal notice that has remained ineffective, sent by registered letter with acknowledgment of receipt, stating the intention to apply this clause;
or in the event of a repetition of a breach previously notified by registered letter with acknowledgment of receipt, the termination will then take effect automatically on the date of sending the registered letter with acknowledgment of receipt indicating the repeated breach.
Termination automatically results in the deletion of the disputed Account, without prejudice to any other consequences that may arise under these General Terms of Service.

19. Force Majeure

Neither Party shall be held liable for a breach of any of its contractual obligations resulting from the occurrence of a force majeure event, as usually understood by the jurisprudence of French courts. Events considered as force majeure, in addition to those usually recognized by the jurisprudence of French courts and tribunals, include: wars, social unrest (strikes or lockouts), terrorist acts, inclement weather, epidemics, earthquakes, floods, water damage, fires, blockage of communication, transportation, or supply means (including telecommunications networks), etc.
Initially, the execution of the contract will be suspended for a period of one month.
If the force majeure event lasts for more than one month, each Party may terminate the contract at any time by sending a registered letter with acknowledgment of receipt to the other Party, without notice and without any indemnities on either side.
The Party invoking the benefit of force majeure must inform the other Party as soon as possible by sending a registered letter with acknowledgment of receipt. This letter will include a brief description of the event presenting the characteristics of force majeure, as well as an estimate of its duration, and inform the other Party of the foreseeable consequences of force majeure on the performance of the Contract.

20. Intellectual Property of Pictia

All software, information presentations, games, trade names, commercial names, texts, comments, images, illustrations, product or service trademarks, inventions, and, in general, any creation, of any kind, accessible through Pictia's websites, remain the exclusive property of their respective owners, namely Pictia.
The Client retains full ownership of the intellectual property rights it holds on the Content it uploads to the Solution.
Under these terms, the Client is not authorized to:
copy, print, transfer, transmit, or display all or part of the Solution and the content distributed on the Site and the Blog;
sell, rent, sublicense, or distribute the Solution in any way;
use the Solution to provide data processing services, bureau services, shared-time operation, or any other similar services of any kind to any other natural person, company, or entity;
modify the Solution and/or merge all or part of the Solution into other computer programs;
compile the Solution, decompile, disassemble, translate, analyze, engage in reverse engineering activities or attempt to do so, except as permitted by law.
The Client acknowledges that all legal and beneficial rights, titles, and interests in the Solution and all intellectual property rights in or relating to the Solution belong to Pictia, that the rights to use the Solution and the Services are granted to the Client, and that the Client has no other right to the Solution other than to use it in accordance with these Terms of Service and General Terms of Use.
In the unlikely event that the Client has access to the Solution in its source code form, the Client must not modify, reproduce, adapt, deposit, or disclose the source code of the Solution under any circumstances.

21. Links and Third-Party Sites

Pictia cannot be held responsible in any way for the technical availability of websites or mobile applications operated by third parties (including any potential partners) that the Client or its Users may access through the Site. Pictia assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use. Pictia is also not responsible for any transactions between the Client and any advertiser, professional, or merchant (including any potential partners) to which the Client may be directed through the Site and shall in no event be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, warranties, statements, and any other obligations to which these third parties may be subject.

22. Personal Data

Pictia and the Client undertake to comply, each for their own part, with the provisions of the law on Information Technology and Liberties of January 6, 1978 in its current version (hereinafter referred to as the "Information Technology and Liberties Law") and the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, hereinafter referred to as the "GDPR"). In this regard, the Client declares to be informed that Pictia has a personal data protection policy, the characteristics of which are explained in the document entitled "Privacy Policy," which they are expressly invited to review, available here and accessible on the Site. Pictia also takes all necessary measures to assist Clients and Users in complying with their obligations and provides them with all necessary information in the Personal Data Processing Agreement available upon simple request to the address: [email protected].

23. Termination of the Contract

23.1. Termination

In the case of a subscription via the online form, the Client may terminate their Subscription according to the subscribed Subscription Terms from their Account at any time.
In the case of a subscription via a Quote or a Contract, the Client may terminate their Subscription by requesting it directly by email to the designated contact person at Pictia or by default to the address [email protected], at any time and no later than three (3) months before the end of the Subscription Period. This request must be unambiguous. Pictia will acknowledge receipt of the request within 72 hours and invite the Client to complete a termination confirmation form. In this case, the contract will end at the scheduled term and will not entail any additional fees other than the price of the Subscription.
In the event that the Client initiates the termination of the Subscription before its term, they will remain liable for the full amount owed to Pictia for the Subscription as if it had been completed.
In the event that Pictia initiates the termination, if the Client has already paid amounts for a duration beyond the expiration date of the Subscription, Pictia will refund the Client on a prorated basis.

23.2. Non-performance

In the event of total or partial non-performance or non-compliant performance by either Party of any of its obligations, the injured Party may formally request the defaulting Party to fulfill its obligations within fifteen (15) days from the occurrence of total, partial, or non-compliant non-performance by registered letter with acknowledgment of receipt. The contract will be terminated automatically, without any further notice or formality being required, and without prejudice to the right of the injured Party to claim damages after a period of thirty (30) days following the sending of the registered letter of formal notice with acknowledgment of receipt that remained unsuccessful.

24. Security and Service Level

The security measures implemented by Pictia are defined in the Information Systems Security Policy (PSSI). The minimum service level of the Solution is defined in the SLA. These documents are available upon simple request to the following address: [email protected].

25. Right of Withdrawal

The provisions of the Consumer Code relating to the right of withdrawal do not apply to relations between professionals, which the Client expressly accepts.

26. Commercial References

The Client, being a professional, expressly authorizes Pictia to cite them and, if necessary, to use the reproduction of their trademarks or logo as commercial references, particularly during events or exhibitions, in their commercial documents and on their website, in any form.

27. Assignment

The Client may not assign their obligations arising from these terms to a third party without the written authorization of Pictia. The request must be made in writing at least thirty (30) days prior to such assignment. In the event of no response within fifteen (15) days from the receipt of the written request, Pictia will be deemed to have refused the assignment. Pictia may at any time transfer, assign, or provide to a third party, in any form whatsoever, all or part of its rights or obligations arising from these terms, after having informed the Client in advance, who will not be able to oppose it.

28. Amendments

Pictia reserves the right to modify these General Terms of Service at any time. The Client will be informed of these modifications by any useful means at least thirty (30) days before they come into effect. The Client who does not accept the modified General Terms of Service must unsubscribe from the Solution and Services in accordance with the provisions set out in Article 22 (Termination of the Contract). Any Client who uses the Solution and Services after the effective date of the modified General Terms of Service is deemed to have accepted these modifications.

29. Evidence Agreement

The Client expressly acknowledges and accepts: that the data collected on the Solution and Pictia's computer equipment shall be evidence of the operations carried out under these terms, that this data constitutes the principal mode of proof between the Parties, particularly for the calculation of amounts owed to Pictia. The Client or its Users may access this data from their Account.

30. Joint Liability

The signatory of the Contract must have the power to sign and/or accept these General Terms of Service to bind the legal entity that subscribes to the Solution and Services. In the event that the legal entity disputes being bound by this Contract due to the absence of power to bind it by the signatory of this Contract, the signatory of this Contract will be jointly and severally liable for all amounts that would be due under this Contract. Pictia will therefore be entitled to demand full payment of amounts due from the signatory of the Contract or the person who issued an order following the issuance of a Quote or online acceptance of these General Terms of Service.

31. Miscellaneous

31.1. Language

In the event of a translation of these General Terms of Service into one or more languages, the French language shall prevail in the event of any contradiction or dispute regarding the meaning of a term or provision.

31.2. Conciliation

Any disputes arising in connection with the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be subject to a prior attempt at conciliation.

31.3. Applicable Law and Jurisdiction

These General Terms of Service are governed by French law. In the event of a dispute regarding the validity, interpretation, and/or performance of these General Terms of Service, the Parties agree that the courts of Lyon shall have exclusive jurisdiction, unless there are conflicting mandatory procedural rules.

31.4. Independence of Clauses

If any provision of these terms is found to be null and void in light of a valid legal rule or a final court decision, it shall be deemed unwritten, without affecting the validity of the other provisions contained herein.

31.5. Non-Waiver

Pictia's failure to enforce any clause of these General Terms of Service shall not be interpreted as a waiver of the right to enforce that clause in the future. Any waiver of any provision of these terms must be made in writing.

Made in Lyon, on (contract date)
Between, on one hand, the company Pictia, SAS (SAS with a share capital of 10,750 euros, registered with the RCS of Lyon under the number 880 152 251, with its registered office located at 49 rue Louis Blanc, 69006 Lyon, France).

And on the other hand, Mr., Mrs., The company, (in this contract model, we will refer to this party as the Beneficiary).

The company Pictia, through its web platform app.chainote.io, manages internet reports for its clients.

Article 1. Utilization of Internet Reports

The Beneficiary has the non-exclusive and non-transferable right to use the internet report by the Author under the following conditions:
- For personal use and non-commercial use (not for resale, distribution, or any other commercial use).
- Use of the internet report for a duration of 10 years.

Article 2. Prohibitions

The Beneficiary is prohibited from:
- Using the internet report in any manner other than expressly defined in Article 1.
- Using the internet report in a pornographic, defamatory, or misleading context, or in a manner that could be deemed defamatory, obscene, or illegal.
- Modifying the internet report.
- Reselling, redistributing, or using it for any other commercial purposes.
- Using the internet report in a way that infringes upon the Author or any third-party intellectual property, or that could lead to a claim of false advertising or unfair competition.
- Falsely claiming, explicitly or sufficiently misleading, that the internet report was created by you or a person other than the copyright holder of said internet reports.

Article 3. License Price

The Beneficiary is granted the possibility to use the internet report at a maximum price of €50 excluding taxes per internet report.

Article 4. Contract Duration

The present Contract is concluded for a non-renewable duration of 10 years, subject to tacit renewal.

Article 5. Promise of Third-Party Guarantee

The Buyer undertakes to have these terms accepted by the Beneficiary if the Buyer and the Beneficiary are two distinct persons.

Article 6. Termination

The company Pictia may terminate the present Contract at any time if the Beneficiary fails to comply with any of the terms of the present Contract or any other ongoing Contract with the company Pictia.
In such a case, the Beneficiary must immediately cease using the content; erase or destroy all copies; and, upon request, confirm in writing to the company Pictia the completion of all these requirements.

Article 7. Contract Cancellation

The company Pictia reserves the right, at any time and at its sole discretion, to discontinue the commercialization of Chainote report licenses, regardless of the reasons.
In this case, the Beneficiary agrees to stop using the specific internet report, erase or destroy all copies without seeking any compensation or making any claim.
The company Pictia reserves the right to take legal action in case of breach of Contract conditions.

Article 8. Liability

The Beneficiary is solely responsible in his own name or on behalf of a third party, for any damage, whether general or specific, direct or indirect, resulting from the execution of this Contract, particularly regarding the use of internet reports.
The company Pictia cannot be held liable for damages, costs, or losses resulting from modifications made to the internet reports or due to the context in which the Beneficiary uses the internet report.

Article 9. Indemnification

The Beneficiary shall indemnify Pictia company, its legal representatives, employees, shareholders, directors, managers, members, and suppliers, and shall protect them from any damage or release them from any liability arising from any use of internet reports other than the uses expressly authorized by this Contract.
The Beneficiary also agrees to indemnify Pictia company for any expenses and costs incurred by Pictia company in the event of non-compliance by the Beneficiary with any of the conditions of this Contract or any other Contract that binds the Beneficiary to Pictia company.
If you accept the Contract on behalf of your employer or another entity, you guarantee and declare that you have full authority and rights to do so. If you do not have this authority, you agree to personally assume responsibility towards Pictia company for any violation of the provisions of this Contract.

Article 10. Assignment of the Contract

None of the parties may assign, sell, rent, lend, give, or grant the present agreement without the prior written consent of the other party.
However, Pictia company may assign the present agreement to a subsidiary, an affiliated company of the Pictia group, the entity resulting from a merger or any other restructuring involving Pictia, or to an entity acquiring all or almost all of the assets or share capital of Pictia.

Article 11. Applicable Law

The present Contract is exclusively governed by French law.

Article 12. Jurisdiction Clause

In the event of a dispute relating to this Contract, the parties have agreed to designate the Commercial Court of Lyon - France as the sole competent authority.