Terms of Use

Version in force on 1 January 2021

Preamble

The purpose of these Terms of Use is to define the conditions under which the company QR Flavour Solutions (French company with the status "société par actions simplifiées" and with a capital of 2000 €, having its registered office at 40 rue d'Hautpoul, 75019 Paris, France, registered under number 892 506 395 RCS Paris), owner of the website FlavourManager.com, grants a user a non-transferable and non-exclusive right to use the information published and the content of the website Flavour Manager® (hereafter the "Website") for the whole world.

Acceptance hereof is materialized in particular by the use of the Website. The Terms of Use supplement the Service Provider's Terms of Sales, available on the Website, concerning the use of the Website.

ARTICLE 1 - Access to the website

Anyone can access the Website, as soon as they have an Internet connection, and thus benefit from certain free information. However, the majority of the functionalities are only accessible after the conclusion of a contract with the Service Provider, by taking out a subscription.

The user declares to be aware of the risks associated with the Internet and acknowledges that the data exchanges circulating on the Internet benefit from relative reliability and are therefore not protected, in particular against the risks of hijacking and hacking and that the technical performance of the network Internet, as well as the response time to consult, interrogate or transfer information are variable and random.

The user alone will assume all costs that may be claimed by the mobile operator related to access to the connection services necessary for the use of the Website.

As the content of the Flavour Manager® Web Solution presents a certain complexity (calculations, access to databases, graphical interface), the site works optimally only on recent browsers, excluding Internet Explorer. Furthermore, the site uses JavaScript technology, so the User must ensure that their browser does not deactivate this technology, otherwise the majority of the functionalities will remain inaccessible to the User.

ARTICLE 2 - Free trial

The Service Provider may offer free and time-limited trials of various features of the Website. The Provider reserves the right to determine the eligibility of any user for a trial and to withdraw or modify a trial at any time, without notice or any liability.

As part of a trial, the Service Provider's Terms of Sales apply.

ARTICLE 3 - Free access for academic use

The Service Provider offers free access to the Flavour Manager® Web Solution for students and teachers in the field of food aromatics and/or agri-food, upon proof, for academic use only. The Service Provider reserves the right to determine the eligibility of any user falling within this framework.

As part of free access for academic use, the Service Provider's Terms of Sales apply.

Users of the Website with free access undertake not to use the Website for commercial activity. Especially :

• Work-study students (apprenticeship contract) cannot use the Website as part of the activity of the company that employs them,
• Professors exercising a commercial professional activity in addition to their teaching activity may only use the Website in an academic context.

The Service Provider reserves the right to suspend all free access, without notice or justification. The User benefiting from free access may not claim any loss of data following the suspension of their free access.

Free access for academic use is limited to the school period between September 1 of year N and June 30 of year N + 1. Any subscription offered in this context will be suspended on June 30 of each year, and renewed no earlier than September 1 of the same year, upon presentation of renewed proof.

ARTICLE 4 - Availability of the Website

The Service Provider strives to ensure the availability of the Website 24 hours a day, 7 days a week. However, access to the Website may be interrupted, in particular in the context of maintenance operations, upgrades or updates, emergency repairs, or as a result of circumstances beyond the control of the Service Provider.

ARTICLE 5 - Obligations of the User

The User must ensure the compatibility of their technical environment with the Website. In addition, the user is required to make regular backups of data useful for their activities and of information recorded when using the Website.

Access codes, usernames, logins, passwords used and/or communicated to the user are personal, confidential and non-transferable. The use of these identification elements is under the sole responsibility of the user. The user (i) is prohibited from transmitting or communicating these elements to unauthorised third parties, (ii) undertakes to immediately notify the Service Provider in writing in the event of loss or theft of these elements.

The user's private space, after authentication by username and password, can only be opened on one terminal (device and browser) at the same time. Any connection from another terminal results in the immediate disconnection of the user on the first terminal. The user recognises that in this case, any unsaved work in progress is then lost.

The User undertakes to inform, without delay and in writing, the Publisher of any modification of the information concerning them (such as billing details, bank references, etc.) and/or having an impact or likely to have an impact on the scope of the license of use granted (such as the methods of access by IP addressing, the characteristics of the network, the number of connected workstations, location of workstations and/or sites, etc.).

The Service Provider reserves the right, in the event of non-compliance with these conditions, to cut off the User's access to the Website.

ARTICLE 6 - Intellectual property

All the content accessible via the Website (texts, codes, comments, works, illustrations, images, etc.) as well as the website itself are protected for the whole world, by copyright and by the law protecting the databases of which the Service Provider is the producer.

This content may therefore not in any way be the subject, even partially, of reproduction, representation, loan, exchange or transfer, total or partial extraction of data and/or a transfer to another medium, or modification, adaptation, arrangement or transformation, other than under the conditions below.

Only a right of use, to the exclusion of any transfer of ownership of any kind, for the perimeter declared and accepted by the Service Provider is granted to the User. The only authorised reproduction and representation of the content as authorised by the Intellectual Property Code on a screen for strictly personal benefit are therefore authorised. In addition, the User refrains from reconstituting the database(s), from redistributing the content, for any reason whatsoever, and more generally from directly or indirectly or through third parties, in any way, to the rights of the Service Provider.

The Publisher reserves the right to have any mandate carried out by any mandate it considers necessary, at the expense of the user if a breach is found, in order to verify that the Terms of Use and the agreed scope are respected.

ARTICLE 7 - Processing of personal data

The Service Provider undertakes to implement the appropriate measures to ensure the protection of personal data (hereinafter the "Data") and to process and use such data in compliance with the applicable provisions and in particular the European Regulation 2016/679 of April 27, 2016 and of the amended French law n°78-17 of January 6, 1978, known as the "Data Protection Act" -"Loi Informatique et libertés"- (hereinafter the "Applicable provisions").

The Data are subject to computer processing by the company QR Flavour Solutions acting as data controller, the purpose of which is provided for in the Data Protection Policy, available on the Website (below under "Data Protection Policy").

The Data is kept for the period strictly necessary for the accomplishment of the purposes stated in the Data Protection Policy.

For the strict needs of the management of commercial relations, this data may be communicated to our partners, in accordance with the Data Protection Policy. Any natural person has the rights of access, rectification, erasure, data portability as well as limitation and opposition to the processing and organisation of the fate of their Data after their death. These rights can be exercised in accordance with the terms set out in the Data Protection Policy.

In the event of exercise of the right of opposition, all communication with the user (excluding the management of their account) will cease.

For complete information on the processing of Data, please refer to our Data Protection Policy.

ARTICLE 8 - General provisions

The Terms of Use can be viewed online and can be modified at any time at the discretion of the Service Provider without any formality other than posting them online, only the latest version will apply.

Failure to claim the application of one of the provisions of the Terms of Use or to agree to its non-performance, either permanently or temporarily, cannot be interpreted as a waiver of this right.

If any of the clauses of the Terms of Use were declared void, it would be deemed unwritten but would not invalidate all of the Terms of Use.

Any clarification relating to the Terms of Use or request for information must be made by post or email to:

QR Flavour Solutions

40 rue d'Hautpoul

75019 Paris, France

contact@FlavourManager.com

The Service Provider will make its best efforts to answer any question as soon as possible.

These Terms of Use and the operations resulting from them are governed by French law. In the event of a dispute, the Paris Commercial Court will have sole jurisdiction, even in the event of summary proceedings, warranty claims or multiple claimants.

These Terms of Use are written in French and English. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.