Terms and conditions of use and sale

The Uska Platform is published by Dahub, SAS with capital of €50,000, headquartered at 29 chemin du vieux chêne - 38240 MEYLAN, registered with the Grenoble Trade and Companies Registry, Siret: 824 612 527 00013, (hereinafter referred to as "Dahub"). Through its website, Dahub provides its Users with the Uska Platform, whose functionalities are described on the website at the following address: https://www.uska.fr/

Access to the various functionalities of the Platform depends on the offer chosen by the User from among the range of paying subscription formulas proposed and described in the Service Offer reproduced in Appendix 1.

Access to the Platform and the use of its Saas Services by any User are subject to the present General Terms and Conditions of Use and Sale ("hereinafter CGUV").

The CGUV are subject to change. Consequently, it is understood that the CGUV applicable to any subscription to the Platform's Saas Services by a User are those in force on the Site at the time of subscription. Similarly, the CGUV applicable to the use of the Platform's Saas Services are those in force on the Site at the time of their use. The date on which these CGUV are posted online is the effective date. Any subscription subsequent to the entry into force of the new CGUV is therefore subject to the new CGUV.

The User acknowledges having received from Dahub all necessary information enabling him to assess the suitability of the Platform for his needs and to take all necessary precautions for its use.

Consequently, the User acknowledges that he is fully aware of the fact that his agreement to the content of these CGUV does not require the handwritten signature of this document, insofar as he wishes to have on-line access to the Platform's services.

IMPORTANT - ATTENTION USERS USE OF THE PLATFORM IMPLIES EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE BY USERS OF THESE GENERAL TERMS AND CONDITIONS OF USE AND SALE. BY CREATING A PROFILE, USERS ACKNOWLEDGE THEIR ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE AND SALE BY CHECKING THE BOX "I HAVE READ AND ACCEPT THE GENERAL TERMS AND CONDITIONS OF USE AND SALE". AS THESE ARE UPDATED REGULARLY, USERS ARE INVITED TO CONSULT THEM EACH TIME THEY VISIT THE SITE.

ARTICLE 1 DEFINITIONS

Capitalized terms and expressions used in these GCUVs and the Appendices are defined as follows, whether used in the singular or plural, identical terms and expressions without capitalization being considered in their ordinary sense:

"Subscription": refers to the Subscription package chosen by the User when subscribing online, from among the range of paid subscription packages offered and described in the Service Offering, and defining the specific conditions of the User's access to the Platform's SaaS Services.

"Anomaly": means any reproducible behaviour of the SaaS Services which does not comply with the Service Offering or which results from a defect which either renders the SaaS Services unusable or causes an incorrect result when the SaaS Services are used in accordance with the documentation, if any, provided and their purpose.

"Contract": refers to the contractual whole formed by the present General Terms and Conditions of Use and Sale and its Appendices.

"Data" : refers to any information, image, text, document, provided by the User with a view to their integration within the Platform, as well as data collected by the Platform or entered by the User on it, including all Identification Data as well as Tourist Data.

"Identification Data": refers to the User's identification data transmitted by the User to Dahub when registering on the Platform, including, where applicable, personal data.

"Tourist Data": refers to all information, data, texts, images, sounds, which may be of a personal nature, relating to the User and his/her activity, collected by the Platform and distributed at the User's request to TIS.

"Service Offer": refers to the service offer reproduced in Appendix 1, relating in particular to the content of the functions and application services of the Platform according to the Subscription chosen by the User.

"Parties": means both the User and Dahub.

Platform": refers to the USKA platform accessible at https://app.uska.fr/, offering the User a set of SaaS Services enabling him to assist in his virtual communication, the characteristics of which are described in the Service Offer reproduced in Appendix 1.

"Profile": refers to the User's personal page on the Platform, accessible only after the User has logged on to the Platform using his/her e-mail address and password.

"SaaS Services": refers to all the services and operational functions listed in the Service Offer in Appendix 1 and offered to the User on the Platform, under the terms and conditions of the CGUV and the Subscription.

"Third-party services accessible via the Platform " refers to certain SaaS services published by third-party companies,

"Site": refers to the USKA website providing access to the Platform and its Saas Services, the main address of which is https://www.uska.fr/. The Site includes all computer components (in particular software and computer developments and Web pages, including source and object code programs, domain names, preparatory design work, specifications and preliminary studies, user documentation, database), graphic design (including projects, models, prototypes and plans), content (in particular textual, graphic, sound, photographic and multimedia elements) and functionalities, as well as all related rights.

" Tourist Information System " or " TIS ": refers to any third-party computer system hosting and making available to its professional members a set of data from the tourism sector in an identical data format and with its own interconnection methods, for which Dahub has signed agreements authorizing it to write directly to it and to connect to the corresponding database.

"User": refers to any individual or legal entity, registered on the Site under the conditions set out in article 3 of these General Terms and Conditions of Use and Sale, whether or not a Subscriber.

ARTICLE 2 PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE

The purpose of these General Terms and Conditions of Use and Sale is to define :

● the conditions of access and use of the Platform by the User;

● the conditions under which Saas Services are provided to the User;

● Users' rights and obligations ;

● the contractual conditions applicable to Data transmitted on the Platform.

Dahub grants the User, who accepts :

● a right to access and use the Platform and Saas Services, under the terms, limits and conditions defined in the present CGUV.

ARTICLE 3 PLATFORM ACCESS AND REGISTRATION

The Platform is accessible via the Site at the following URL address: http://app.uska.fr/. Access to the Platform is open to all professionals in the tourism sector who have registered in accordance with the conditions set out below.

Registration on the Platform is free of charge, with the exception of connection fees, which are the sole responsibility of the User. Registration implies full and unreserved acceptance of these General Terms and Conditions of Use and Sale.

Once registered, the User can connect to the Platform by entering the email address and password chosen during registration.

Each User is responsible for maintaining the confidentiality of his/her login and password, and acknowledges that he/she is fully responsible for all actions carried out using his/her login, password and account.

Dahub cannot therefore be held responsible for any fraudulent intrusion into the User's account, in particular resulting from disclosure of the password by the User or by one of his employees.

The User undertakes to notify Dahub immediately of any theft or breach of confidentiality of the password. As the information communicated by the User at the time of registration is reused by the Platform's various Saas Services, the User undertakes to provide reliable and accurate information.

This information may be freely modified by the User in the Profile at any time.

ARTICLE 4 SUBSCRIPTION

Access to certain SaaS Services on the Platform is subject to the User taking out a Subscription.

The Service Offering reproduced in Appendix 1 sets out the various SaaS Services accessible according to the Subscription taken out.

The User expressly acknowledges that he/she is solely responsible for defining his/her needs and ensuring that the Subscription chosen meets those needs.

4.1. Subscription fees

The Subscription fee depends on the offer chosen by the User from among the range of paying subscription formulas proposed and described in the Service Offer.

Prices are quoted in euros and are exclusive of tax and any exceptional costs chargeable to the User, such as additional bank charges and management fees (debt collection follow-up, reminder letters and telephone charges, representation of direct debit rejections).

The billing address is the address of the User's registered office.

4.2 Subscription renewal

When subscribing to a Subscription, the User can choose :

- a no-obligation offer;

- an offer with a one-year commitment;

- an offer with a two-year commitment.

4.3. Terms of payment

Subscriptions taken out without commitment are invoiced monthly on the anniversary date of the subscription. Subscription payments are made by direct monthly debit from the User's account.

Subscriptions taken out with a one- or two-year commitment are invoiced in full when the Subscription is taken out. Payment for the Subscription is made by direct debit from the User's account at the beginning of the contract year.

4.4. Default of payment

Failure by the User to pay any invoice on the due date will result in the impossibility for the User to edit and modify his Data on the Platform, as well as in the suspension of the associated SaaS Services, within 15 days of the sending by Dahub of a formal notice, by postal or electronic means, which has remained unanswered.

The User may, however, transmit new banking information to reactivate his account, without loss of history and Data within three (3) months.

ARTICLE 5 OBLIGATIONS OF THE USER

The User shall use the SaaS Services strictly in accordance with their technical specifications and their purposes, in particular their professional purposes as described in the Service Offering, within the limits of the rights of access to the SaaS Services granted by the present GCUV.

It is also the User's responsibility :

● ensure that the SaaS Services meet its needs, in particular with regard to any documentation sent by Dahub and its technical specifications, as described in the Service Offer;

● have the appropriate configuration, in particular with regard to hardware, software, networks, terminals, connections and cabling, in accordance with any documentation included in the Service Offer;

● ensure, under its sole responsibility, the accuracy and completeness of any Data transmitted;

● to ensure compliance with these General Terms and Conditions of Use and Sale within his company;

● pay the Subscription price.

ARTICLE 6 DESCRIPTION OF SAAS SERVICES

6.1. SaaS services

Dahub grants the User, who accepts it, a non-exclusive right of access to the Platform via the Internet in order to remotely use the SaaS Services, under the terms, limits and conditions defined in the present CGUV and in the Service Offer.

Dahub makes the SaaS Services available to the User via the Internet in accordance with standard quality and security standards.

The User is solely responsible for acquiring, installing, maintaining and connecting the various elements of the configuration and telecommunications resources required for access to SaaS Services.

Any intervention required as a result of non-compliant or unauthorized use of SaaS Services and/or the Platform by the User, or as a result of a malfunction in one of the elements of the User's configuration, will be invoiced extra.

Dahub cannot be held responsible for the absence of certain SaaS Services on the Platform that are not described in the Service Offer or in the chosen Subscription.

6.2. Hosting

Hardware hosting of the Platform is provided by a third-party company. Dahub remains free to use any other service provider of its choice at any time without prior notice to the User, and without this being considered as a modification of the conditions of performance of the Contract.

6.3. Evolution of SaaS Services

Dahub is free to change the functionalities of its SaaS Services on its own initiative, without prior notice to the User, as long as this does not result in any degradation or loss of Data or functionalities (non-regression).

In the event of substantial changes to the SaaS Services, the User will be notified in advance or when he first connects to the new version of the Platform. If the User refuses to accept such changes, he will be entitled to terminate his Subscription under the terms of article 10.

In the event that a change in SaaS Services requires the User to update his browser, he will be notified in advance or when he first connects to the new version of the Platform.

If the User refuses this update, Dahub cannot be held responsible for any resulting Anomaly.

6.4. Availability of SaaS Services

Dahub will use its best efforts to implement the SaaS Services.

However, Users are informed that the SaaS Services are not subject to any obligation of availability, accessibility or performance. In this respect, Users may under no circumstances invoke any defect in the SaaS Services that would prevent their use or degrade the user experience.

The use of SaaS Services may be interrupted or slowed down:

- for any causes beyond Dahub's control, in particular related to the hosting of the Platform by the third-party service provider, or to any slowdown attributable to the saturation of any of Dahub's networks or servers;

- due to maintenance work necessary for their proper operation and/or that of the Platform.

Dahub cannot be held responsible for any impact these unavailabilities may have on the User's activities.

In all cases, the resulting unavailability cannot be considered as a period during which Dahub is not fulfilling its obligations.

Should the SaaS Services be interrupted for maintenance, Dahub will, as far as possible, inform Users prior to such an operation.

In the event of permanent cessation of SaaS Services and/or the Platform, the User will be free to terminate his Subscription in accordance with the terms of article 10 of the present CGUV. In the event that SaaS Services and/or the Platform are definitively discontinued, Dahub undertakes to reimburse the User pro rata for the time remaining in his Subscription.

6.5. Third-party services

Certain SaaS Services accessible via the Platform are published by third-party companies. The User acknowledges and accepts that notwithstanding the manner in which these Third-Party Services may be offered, Dahub acts merely as an intermediary platform between the User and these Third-Party Services, and shall in no way be liable for them.

In no way will Dahub be responsible for monitoring any interaction or transaction between the User and Third Party Services.

Dahub does not guarantee Third-Party Services and accepts no liability for any damage arising from the use of such Third-Party Services.

Any use of these Third-Party Services is the sole responsibility of the User, and may be made subject to the legal conditions governing these Third-Party Services, which the User is invited to consult before using these Third-Party Services.

In particular :

- Use of the Third-Party Service "Google terms of use; Google My Business" is subject in particular to the following conditions

6.5.1. Obligations of the User

The User undertakes to comply with all of the present CGUV and all applicable laws and regulations, and in particular to :

- not to usurp the identity of any third party and/or use or attempt to use the profile of another User;

- publish accurate and reliable information;

- not to distribute or publish documents or make statements likely to offend the sensibilities of third parties, contrary to public order or morality and/or infringing the rights of third parties;

- not to make any abusive, defamatory, derogatory, racist, xenophobic or pornographic remarks or remarks that are generally contrary to morality and decency and/or contrary to public order;

- not incite to commit a crime, an offence or an act of terrorism, or glorify war crimes or crimes against humanity.

6.5.2. Responsibility - User warranty

The User is solely responsible for the Data and other content that it publishes or disseminates on its platforms (hereinafter referred to as "User Content").

Dahub shall in no way be considered as a "publisher" of User Content.

Dahub will not in any way endorse User Content and will not assume any responsibility for any User Content uploaded, posted, published and made available to the public via its platforms.

In this context, the User guarantees that he has all the necessary rights, licenses, consents and authorizations relating to the information he distributes and/or publishes on his platforms. Finally, he declares and guarantees that the information posted online is not confidential and does not violate any contractual obligation.

The User guarantees Dahub against any damage suffered by the latter and against any action for liability which may be brought against it on the basis of the violation of the present CGUV and/or any right of a third party. In the event of serious fraud, Dahub authorizes itself to communicate all necessary information to the competent bodies responsible for the repression of said frauds and offences.

In particular, the User indemnifies Dahub against any claim, legal action or demand, including in particular (i) any action concerning the information placed online by the User, (ii) any use by the User of the information appearing on its platforms (iii) or any breach of these GCUV.

6.6. Tourist referencing (distribution to TIS of Tourist Data)

Within the limits of the Subscription taken out, Dahub undertakes to use its best efforts to distribute the Tourism Data to TIS(s) designated by the User to Dahub on the Platform.

In this respect, the User undertakes to designate to Dahub the TIS with whom the Tourism Data is to be shared and made compatible.

The Parties expressly acknowledge that Dahub's obligation to ensure the compatibility of the Tourism Data constitutes an obligation of means.

In this respect, Dahub cannot be held responsible for the consequences of any change in the TIS designated data format(s), whether or not such a change is foreseeable.

In particular, Dahub undertakes to use all means at its disposal and in compliance with the rules of the art to be able to write as much of the Logistic Data as possible in the designated TIS . However, Dahub cannot be held responsible for the impossibility of writing certain Tourist Data resulting from technical modifications made by TIS that could not be foreseen or whose consequences could not be overcome in the short or medium term.

In addition, Dahub cannot be held responsible for the lack of cooperation from TIS(s) and in particular for the refusal of TIS(s) to integrate the User's Tourist Data.

The User is and remains the owner of and responsible for all his or her Tourist Data.

The Parties further acknowledge that, as technical intermediary, Dahub :

- is not responsible for the content of the Tourism Data sent to TIS(s) at the User's request;

- is not responsible for the compliance of Tourist Data with applicable laws and regulations;

- is not liable for any infringement of the rights of any third party by the Tourism Data.

ARTICLE 7 INTELLECTUAL PROPERTY

7.1. Platform

Dahub is and remains the owner of all intellectual property rights on the Platform, and the present CGUV do not transfer any intellectual property rights to the User.

7.2. License to use Saas Services

Dahub only grants the User the right to remotely access the SaaS Services and execute their functionalities. This right is personal, non-exclusive, worldwide, non-transferable and limited solely to the purposes, duration and functionalities specified in the Subscription concerned.

In particular, access to the SaaS Services is granted for the sole and exclusive purpose of enabling the User and his staff to use them in the context of his usual professional activity, to the exclusion of any other purpose.

In particular, the User is formally prohibited from:

- to proceed, without Dahub's authorization, to any form of reproduction or representation of the Platform, of any distinctive sign or of any documentation transmitted by Dahub;

- alter or conceal in any way whatsoever the trademarks, distinctive signs and copyright notices affixed to the Platform;

- to intervene directly or via a third party on the SaaS Services in any way and for any reason whatsoever, including to correct errors, all evolutionary and corrective maintenance being carried out exclusively by Dahub, if necessary on the basis of a quotation;

- modify or seek to circumvent any protective device of the Platform.

7.3. Ownership of Data

The User remains the owner of all Data and information transmitted on the Platform.

In this respect, Dahub accepts no liability whatsoever for any acts of counterfeiting that may be observed in the content of the User's Data.

The User undertakes to inform Dahub immediately if he/she becomes aware of any of the aforementioned circumstances. In addition, Dahub may suspend access to SaaS Services in the circumstances described above, without this constituting a breach of its obligations under this Contract.

The User agrees to indemnify, defend and hold harmless Dahub and its subcontractors, at its own expense, from and against any and all claims, losses, damages (including reasonable attorneys' fees and costs), allegations or liabilities arising out of:

- any harm to persons or property of third parties as a result of said Resident Data ;

- any violation of French or international law resulting from the said Resident Data ;

- the illegal, immoral, infringing or defamatory nature, or alleged illegal, immoral, infringing or defamatory nature, of said Resident Data.

In no event shall Dahub be liable for any damages whatsoever resulting from the content of the User's Data.

ARTICLE 8 DATA

8.1. Identification data

8.1.1. Personal data

The Parties acknowledge that Dahub may need to process any personal data included in the Identification Data in order to provide the SaaS Services to the User, such as the User's names, photos, contact details and postal addresses, activity, email, and social networks, as well as its geographical scope, projects and associated collaborations.

In this respect, Dahub undertakes:

- to comply with current legislation on the protection of privacy with regard to the automated processing of any personal data included in the Identification Data.

- to carry out any formalities with the competent authorities, in particular declarations relating to Identification Data.

In any event, the processing by Dahub on its own behalf of any personal data resulting from the Identification Data will be carried out in compliance with the laws and regulations in force.

8.1.2. Purpose

The Identification Data, mentioned as mandatory in any form on the Platform, are necessary for the identification of the User wishing to access the SaaS Services.

Identification Data may also be used to manage commercial relations, to compile statistics, to enable Dahub to contact its Users, and to improve and personalize SaaS Services.

8.2. Tourism data

8.2.1. Personal data collected

The processing may concern any personal data included in the Tourism Data, such as :

- the User's name, photograph, e-mail address, physical address and telephone number;

- opinions and assessments relating to the User;

- User events.

8.2.2. Purpose

Tourist Data is transmitted to Dahub via the Platform and distributed to TIS, on the User's initiative and on his behalf, with a view to promoting the User's activities.

8.2.3. Responsibility of the User

In this case, the User is and remains responsible:

- data processing within the meaning of the French Data Protection Act no. 78-17 of January 6, 1978,

- the content and conformity of the Tourism Data transmitted to Dahub and distributed to TIS at its request and on its behalf;

As such, the User agrees to indemnify, defend and hold harmless Dahub and its subcontractors, at its own expense, from and against any and all claims, losses, damages (including reasonable attorneys' fees and costs), allegations or liabilities arising :

- any damage to the person or property of a third party as a result of the aforementioned Tourist Data;

- any violation of French or international law as a result of the aforementioned Tourist Data;

- any infringement of a third party's intellectual property rights relating to Tourist Data.

8.3. Retention and transmission of Data

Data is processed and stored on Dahub's servers, in conditions designed to ensure its security, and is kept for the time strictly necessary to achieve the purposes set out above.

Beyond this period, they will be kept by Dahub for the duration of the purposes declared in the present CGUV.

The User is further informed that such information may be disclosed in application of a law, regulation or decision of a competent regulatory or judicial authority or, if necessary, for the purposes of preserving the rights and interests of Dahub in the context of legal proceedings.

8.4. Rights of access and rectification of Data

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, any person whose personal data is stored has the right to access and rectify information concerning them.

To exercise this right and obtain communication of the information concerning them, these persons may contact Uska at the following e-mail address: support@uska.fr

8.5. Data security

Each of the Parties undertakes to implement the appropriate technical means to ensure the security of the Data.

Dahub attaches particular importance to the security of Data and implements all appropriate measures to restrict the risks of loss, deterioration or misuse thereof.

However, the User is responsible for maintaining the security of his access and in particular the confidentiality of his login and access codes.

Dahub undertakes to comply with current best practice in IT security in order to preserve the integrity and confidentiality of the Data processed within the framework of the Saas Services.

Dahub or its service providers shall implement technical and organizational measures to prevent any access to or fraudulent use of the Data and to prevent any loss, alteration or destruction of the Data.

ARTICLE 9 LIABILITY

9.1. General limitation of liability

Dahub excludes all liability on any grounds whatsoever for indirect damage such as loss of profit, commercial or financial loss, consequence of recourse by third parties or loss originating from or being the consequence of the present CGUV, even if Dahub had been previously advised, as well as damage caused to persons or property distinct from the object of the present CGUV.

Dahub accepts no liability for any damage caused to the User as a result of abnormal or fraudulent use of the Platform by the User or any other third party authorized to use the Platform.

In any event, in the event that Dahub is held liable for any reason whatsoever, the total amount of compensation that Dahub may be required to pay to the User may not exceed the amount actually received by Dahub under these GCUV, without exceeding an amount corresponding to one year's sales excluding taxes directly generated with the User, and this, regardless of the legal basis of the claim and the procedure used to bring it to a successful conclusion.

9.2 Specific cases of limitation of liability

Likewise, Dahub is not liable for any consequence of a security flaw (hardware or software) in the connection terminal (computer, cell phone, etc.) used by the User.

More generally, Dahub shall not be held liable for elements beyond its control and for any damage that may be suffered by the User's technical environment, and in particular, his/her computers, software, network equipment (modems, telephones, etc.) and any equipment used to access or use the Saas Services.

In this respect, Dahub cannot be held responsible for any failure of the third-party host chosen to host the Platform.

Dahub, although bound by an obligation of data-processing safety, cannot guarantee the absence of modification, intrusion, deterioration, unavailability of Dahub operated by a third (person, virus...).

Dahub may not be held liable for indirect damages such as, but not limited to, loss of profit, loss of business, loss resulting from interruption of service, increased costs of accessing the service and processing information (other than those provided for in these GCUV).

Furthermore, Dahub does not perform any moderation or prior control of any kind on User Content published by the User on its platforms. Dahub has no knowledge of the information published and/or distributed by Users before it is put online. Consequently, Dahub cannot be held liable in this respect.

Any layout or formatting of these elements automatically generated on the platforms does not in any way involve Dahub in putting them online.

9.3. Force majeure

In the event of the occurrence of an event beyond the control of the Parties, rendering the performance/supply of any service dangerous or largely unbalanced, the latter will be suspended or even terminated at the initiative of one of the Parties, notified by registered letter with acknowledgement of receipt to the other Party, if no solution can be envisaged within a reasonable time.

This shall apply in particular in the event of interruption of electricity supply or telecommunications services, fire, strike, lock-out, flooding, machine breakdown, etc., or in the event of any other unforeseen circumstances.

Dahub war, riot, requisition, delay in transport, impossibility of obtaining supplies under normal conditions and any circumstance beyond its control preventing the normal execution of the CGUV.

ARTICLE 10 TERMINATION

10.1. Termination at the User's initiative

10.1.1. Unjustified termination

In the event of unjustified termination at the User's initiative, no prorata-temporis reimbursement of the Subscription will be made.

Consequently, the User will continue to have access to the Saas Services until the end of the Subscription.

10.1.2. Termination for fault

In the event of a breach by Dahub of any of its contractual obligations under the present CGUV, and in particular in the event of an Anomaly persisting for more than one month, substantial regression of the Saas Services, or definitive cessation of all Saas Services, the present Contract may be terminated by the User as of right 10 days after the sending of a formal notice which has remained unanswered. The letter will indicate the breach or breaches observed.

In this case, Dahub will reimburse the User on a prorata temporis basis, taking into account the months remaining before the end of the Subscription.

10.2. Termination at Dahub's initiative

In the event of the User's failure to meet any of his contractual obligations, and in particular in the event of non-payment of the Subscription, the Contract may be terminated by Dahub 15 days after the sending of an unanswered letter of formal notice. The letter will indicate the default(s).

ARTICLE 11 EFFECT OF TERMINATION - REVERSIBILITY

In the event of termination of the contractual relationship, Dahub is under no obligation to return the Data in any form whatsoever.

The User will immediately cease to use the Saas Services and will be barred from accessing them by the deletion of his/her login and access codes.

The Parties expressly acknowledge that Dahub may not be held liable for the consequences of the prohibition of access to the Saas Services and in particular for any loss of access to any Data which may result therefrom, the User having in this respect an obligation of vigilance, in particular by regularly backing up its Data.

ARTICLE 12 DECLARATION OF RECIPROCAL INDEPENDENCE

The Parties expressly declare that they are and will remain, for the entire duration of the CGUV, independent commercial and professional partners. Each assumes the risks of its own operation.

ARTICLE 13 GOOD FAITH AND FAIR DEALING

The User undertakes to behave towards Dahub at all times as a loyal partner acting in good faith, and in particular to bring to Dahub's attention without delay any dispute or difficulty he may encounter in the performance of the present contract.

ARTICLE 14 INSURANCE

Each of the Parties declares that it is insured with a reputedly solvent insurance company for all the pecuniary consequences of its civil, professional, fire and tort liability arising from bodily injury, material and immaterial damage caused to the other Party or to any third party by its employees in the context of the performance of the CGUV.

In this respect, each of the Parties undertakes to pay all premiums so that the beneficiary can assert his rights.

It must be possible to invoke the insurance until the CGUV expires.

ARTICLE 15 ENTIRE CONTRACT

The Parties acknowledge that these GCUV constitute the entire agreement between them and supersede any prior offer, provision or agreement, whether written or oral.

ARTICLE 16 PARTIAL NULLITY

The annulment of one of the stipulations of the CGUV will only result in the annulment of the CGUV as a whole, insofar as the disputed stipulation can be considered, in the minds of the Parties, as substantial and determining, and its annulment calls into question the general balance of the agreement.

In the event of cancellation of one of the stipulations of the CGUV, considered as insubstantial, the Parties will endeavor to negotiate an economically equivalent clause.

ARTICLE 17 SECURITIES

In the event of difficulties of interpretation between any of the headings appearing at the top of the clauses and any of the clauses, the headings will be declared non-existent.

ARTICLE 18 ASSIGNMENT AND TRANSFER OF THE CONTRACT

As the CGUV are concluded intuitu personae, the User agrees not to assign or transfer, in any manner whatsoever, the rights and obligations resulting therefrom, without the express, prior and written consent of Dahub.

The User expressly accepts that Dahub may, at any time and without the User's prior authorization, transfer all or part of the rights and obligations arising from the CGUV to a third party.

ARTICLE 19 WRITTEN NOTIFICATION AND ELECTION OF DOMICILE

Any notification made between the Parties under the CGUV shall be deemed validly made:

- if it is made in writing to the Dahub head office mentioned in the present CGUV ;

- if it is made in writing to the postal or electronic address provided by the User when registering on the Platform. For the purposes of this Agreement, "in writing" means any document signed by one Party and delivered to the other, or any information transmitted to one Party by the other Party by means of facsimile or electronic mail and allowing reliable identification of the sender; this definition does not extend to any information transmitted by any other mechanical or electronic means.

ARTICLE 20 WAIVER

The fact that one or other of the Parties does not claim the application of any clause of the CGUV or acquiesces in its non-execution, whether permanently or temporarily, cannot be interpreted as a renunciation by this Party of the rights which derive for it from the said clause.

ARTICLE 21 APPLICABLE LAW AND JURISDICTION

The present CGUV are governed by French law even if one of the Parties is of foreign nationality and/or the CGUV are executed in whole or in part abroad.

In the event of any discrepancy in the interpretation of a translated version, the French version shall prevail.

Any dispute or litigation arising from the validity, interpretation and/or performance of this Contract, which the Parties are unable to resolve amicably, will be submitted to the exclusive jurisdiction of the Grenoble Court, even in the event of multiple defendants, summary proceedings or warranty claims.

ARTICLE 22 APPENDICES

By express agreement, the Annexes applicable to the User form an integral part of the present CGUV and form, with the latter, an indivisible whole in the minds of the Parties.

In the event of any conflict or difficulty of interpretation between the CGUV and its Appendix, the terms of the Appendix shall prevail.

The contractual documents are, in descending order of priority:

- CGUV ;

- Appendix 1.

APPENDIX 1 - USKA SERVICE OFFER

1. DESCRIPTION OF APPLICATION SERVICES

1.1. Diagnosis of your web presence (available free of charge)

Uska evaluates your online presence based on various sources of information (public/private databases, social networks, review platforms, etc.).

The data collected enables Uska to provide you with personalized advice to immediately improve your visibility on the Internet.

1.2 Referencing your company

Uska lets you manage the visibility of your company and the information that represents it on a multitude of web services such as: Google Maps (my business), Facebook, your tourist office website, etc.

1.3 Managing customer reviews

Uska allows you to manage your customer reviews on the platforms on which you are present. You'll be notified when a new review is posted by a customer, and you can easily respond to it directly.

Please note: this service is currently in the test phase and limited to activity providers.