Terms and conditions of service

Between GREENBACK SA, also operating under the name of GENESIS, a simplified joint stock company whose legal name is GREENBACK and whose head office is located at 4 rue de l'Eglise, 27440 Lisors, France, registered in the Evreux Trade and Companies Register under the Siret number 88002505100017, represented by Mr. Quentin Sannié, represented by Mr. Quentin Sannié, in the capacity of [General Manager] duly authorized for the purposes of these, whose VAT number is FR72880025051 and whose contact details are The contact details are contact@greenback.green

And the User (Hereinafter referred to as the “User”)

PREAMBLE

A. Genesis has developed a methodology that allows it to assess and rate agricultural soils based on their health status. The soil health note (the” Score ”) is calculated by Genesis using its technology and know-how, based on soil samples taken directly from the User's land plots, and combined with relevant metadata. The Score allows the User to continuously monitor the condition of the soil, assess its environmental impact and inform its decision-making processes. The Score, as well as the related information, is made available to Users and third parties (as defined in these Terms and Conditions and in the Privacy Policy) via the Genesis online platform, accessible at the following link: app.genesis.live(the” Genesis platform ”).

B. The User is a professional and the execution of this Agreement is carried out as part of his commercial activities. The User wishes to have their property evaluated by Genesis throughout the term of this Agreement in order to generate Scores, and the User wishes to use the Genesis Platform to view the Scores and benefit from the services provided by Genesis.

C. The User, after having read the Services (as defined below) offered by Genesis, wishes to engage Genesis as a service provider in accordance with these Terms and Conditions.

In this spirit, the Parties have come together in order to conclude this Agreement, which defines the respective obligations of the Parties in the context of the provision of the Services. As such, it is specified here that the Parties have exchanged transparently, on several occasions, all the information on the basis of which each of them decided to conclude the said Contract. The terms of the Contract have been freely accepted in consideration of their mutual obligations under this Agreement.

AGREED TERMS

1. DEFINITIONS AND INTERPRETATION

1.1. In this Agreement, the following definitions apply:

Subscription means the User's subscription under this Agreement allowing the User to access the Genesis Platform

Anomaly means a reproducible non-compliance of the Genesis Platform with respect to its functionalities exclusively attributable to the platform and which prevents the functioning of all or part of the Genesis Platform.

User or You refers to any natural or legal person, who agrees to be bound by this Agreement, and declares to have read and accepted without reservation and in their entirety, all of its terms and conditions;

The Third Party refers to Genesis' professional customers with whom the User is also in a professional relationship for the provision of Sampling and Analysis Services.

General Terms of Use of the GENESIS Platform or CGU means the terms of use of the Genesis Platform, as amended from time to time, and available on the website;

Access date refers to the date on which access to the content of the Genesis Platform is granted to the User. It corresponds to his finalized registration within the platform.

Genesis data means all data used and generated by Genesis in connection with the provision of the Services, including, without limitation, Scores, Correlations, and General Knowledge (as such terms are defined in Section 8.6);

Personal data means any personal data within the meaning of the RGPD;

Third-party data refers to the data provided by the Third-Party User, such as name and address, in order to allow the execution of the Collection and Analysis Service;

Usage Data means data and information regarding the provision, use, and performance of the Services and the Genesis Platform, as well as the User's access to and use of the Genesis Platform, including, without limitation, all data (including metadata) collected, generated, or derived from the use of the Genesis Platform by or on behalf of the User, including, without limitation, navigational, transactional data, processing, computer (such as the IP address and the browser), statistics and other analytical data, statistical usage data derived from the operation of services and configurations, log data, and performance results of the Genesis Platform;

Intellectual Property Rights or IPR means all intellectual property rights of any kind, in any part of the world, whether registered or not, registered or not, registrable or not, including, in particular, patents, utility certificates, trademarks, designs and models and domain name rights, requests relating to any of the above, requests relating to any of the above, requests relating to any of the above, corporate names or trade names, corporate names or trade names, copyrights, database rights (including law Sui Generis) and know-how;

Duration means the total duration of the Contract, including the Initial Term and any Additional Term;

Additional duration corresponds to the renewal of the Contract for a period of 3 years;

Initial Duration means six (6) years from the Access Date;

Force Majeure has the meaning given to it by Article 1218 of the Civil Code;

Enrollment form refers to the form available on the Genesis Platform through which the User subscribes to the Services and provides his contact details;

Identifiers means the individual username and password provided by Genesis to the User and allowing the User to access the Genesis Platform;

Confidential Information means (i) any information, regardless of the mode of transmission or presentation, which relates in particular to the activities, businesses, operations, operations, customers, processes, budgets, pricing policies, information on products, strategies, developments, business secrets, know-how and personnel, know-how and personnel, past, know-how and personnel, past, know-how and personnel, past, present or personnel, past, present or future, of the disclosing Party, (ii) as well as all information generated by the receiving Party from this information, and (iii) any other information in respect of which a Party is bound by a commitment confidentiality, and/or which should reasonably be considered confidential under law No. 2018-670 of 30 July 2018 relating to the protection of business secrets. The Score is Genesis Confidential Information;

Working day means a day other than Saturday, Sunday and any other public holiday in France;

License means the rights to use the Score and the Genesis Platform granted by Genesis in accordance with Article 6 of the Agreement;

Loi means any treaty, international agreement, directive, regulation, regulation, law, law, law, decree, decree, decree, ordinance, agreement or agreement, branch or inter-professional, or any other rule that is binding on the Party to which it relates;

Corrective Maintenance refers to the service offered by Genesis and consisting in correcting Anomalies affecting the Genesis Platform;

Preventive maintenance refers to technical operations carried out at regular intervals aimed at preventing the failure or degradation of the Genesis Platform;

Plot of Land refers to a field unit belonging to the User from which soil samples will be taken by Genesis;

Party refers to the User and Genesis, as identified on the online Registration Form, parties to the Agreement (together the” Parties ”);

Responsible person means the natural or legal person duly authorized by applicable law to grant Genesis permission to access the Land Plot and to extract soil samples for analysis in order to generate a Score associated with this plot;

Loss means any loss, damage, costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees, interests and penalties) suffered or incurred by the Party to which it relates;

Genesis platform has the meaning given to it in the Preamble;

Score has the meaning given to it in the Preamble;

Services refers to all the services provided by Genesis to the User under the Contract, including the Collection and Analysis Services, the production of Scores, the provision of the Genesis Platform to the User, and the Support and Assistance Services;

Sampling and Analysis Services means the taking of soil samples from the Land Plots, as described in Section 4, and the analysis of samples taken by Genesis to produce the Score;

Support and Assistance Services refers to services such as “Helpdesk” to help use the Genesis Service, as described in Appendix 1;

Vulnerability refers to any software error, flaw, vulnerability or bug affecting the integrity of software, i.e. its normal functioning, as well as the confidentiality and integrity of the data it contains.

1.2 The titles of the articles, paragraphs and appendices will not affect the interpretation of the Contract.

1.3 Unless the context indicates otherwise, terms in the singular are also understood in the plural and vice versa.

1.5 Terms following the expressions “including”, “includes”, “in particular”, “in particular”, “for example”, “including” or any other similar expression will be illustrative and will not limit the meaning of the words, descriptions, definitions, definitions, definitions, sentences, sentences or expressions that follow or precede such terms.

2. OBJECT

The purpose of the Agreement is to define the terms and conditions under which Genesis undertakes to provide the Services, related to the production and provision of Scores to the User and Third Parties, and to the provision of the Genesis Platform to the User, and to the provision of the Genesis Platform to the User.

3. DURATION

3.1 The Agreement will enter into force on the Effective Date and will continue for the duration of the Contract, except in the event of termination in accordance with these Terms and Conditions.

3.2 At the expiration of the Initial Term, the Contract will be automatically renewed for successive Additional Terms, unless either Party sends, no later than ninety (90) days before the expiration of the Initial Term or an Additional Term, a notification to the other Party in order to terminate the Contract at the end of the Initial Term or the current Extended Term, as the case may be.

3.3 Notwithstanding Articles 3.1, the User may terminate the Agreement after the first 36 months of the Initial Term, provided that Genesis is notified in writing of its intention to terminate at least three (3) months prior to the effective date of termination.

4. ACCESS TO PLOTS AND SCORING

4.1 You will be asked on the Registration Form to consent to the collection of a soil sample from your Land Plot and to consent to its analysis by third party laboratories selected by Genesis. Only the Responsible Person or a person duly authorized to act on their behalf can consent to this sampling and analysis. You guarantee and represent that if you consent to the collection of the soil sample and its analysis, it is because you are the Responsible Person or you have been duly authorized by that person to consent on their behalf..

4.2 If you consent to the collection and analysis of the soil sample by Genesis (i.e., the Sampling and Analysis Service), Genesis will arrange for a visit to your property to take the sample. The date of the visit and other details will be determined in advance using the contact details provided in the Registration Form. It is your responsibility to ensure that your contact details are correct. If your contact details are not correct, they can be modified directly from your User account on the platform.

4.3 You acknowledge and agree that the Collection and Analysis Service has been requested, either directly by you or by a Third Party. In the latter case, part of the Collection and Analysis Service provided by Genesis includes the provision of the Score to Third Parties.

4.3 The frequency of sampling and analysis will be determined by Genesis and you will be notified in advance of the scheduled sampling. Sampling and analysis are essential to creating the Score, without which the Services offered by the Genesis Platform cannot be provided. If you do not consent to further sampling of soil on your Land Plot, this Agreement will be considered terminated and your account on the Genesis Platform will be deleted.

4.4 Scores that are produced by Genesis include the result of soil sample analysis and other data from the Genesis repository that are either owned by Genesis or licensed by Genesis. Scores associated with a Land Plot will be published on the Genesis Platform every year and you will be notified of this publication. Scores may also include or be analyzed against Third-Party Data, provided to Genesis by the Third-Parties.

4.5 Genesis' use of the Score will be subject to the terms of this Agreement as well as to the Genesis Privacy Policy, available online at app.genesis.live

5. ACCESS AND USE RIGHTS TO THE GENESIS PLATFORM

Genesis grants to the User, as of the Access Date, a non-exclusive and non-transferable right to access and use the Genesis Platform in accordance with the provisions of this Agreement, the T&Cs and the instructions provided by Genesis.

6. SUPPORT AND ASSISTANCE SERVICES

Genesis provides the User with (i) a Support and Assistance service for any question or difficulty encountered while using the Genesis Platform and (ii) a Corrective Maintenance service. The terms of the Support and Corrective Maintenance services are described in Appendix 1. The User must not attempt to resolve the Anomalies by himself or with the help of a third party. The cost associated with these Support and Corrective Maintenance services is included in the Price.

7. OBLIGATIONS OF THE USER

7.1 The User must comply with all applicable Laws and regulations during the use of the Genesis Services and the execution of the Agreement.

7.2 Provide access to the Land Plot so that Genesis can provide Sampling and Analysis Services.

7.3 The User must use the Genesis Platform and the documentation and technical information associated with it in accordance with the terms of the Agreement and the T&Cs, and will be responsible for any acts and omissions committed in connection with the use of the Genesis Platform.

7.4 The User must ensure that its network and systems, including its internet browser and operating and hosting systems, comply with all information, guidelines, or recommendations provided by Genesis in writing (including by email). In particular, the provision of the Genesis Platform will only be effective if the User complies with the technological requirements and specifications described [in the CGU].

7.5 The User is solely responsible for obtaining and maintaining its network connections and telecommunications links from its own systems in order to access and use the Genesis Platform.

7.6 The User must make available to Genesis all information that is reasonably required in order for Genesis to be in a position to perform its obligations.

7.7 The User must not, without limitation:

(a) access, store, distribute, or disseminate any viruses through the Genesis Platform;

(b) use the Genesis Platform in an unlawful manner, including for accessing, storing, storing, processing, distributing, or distributing any content that is unlawful, or that causes harm or damage to any person or property;

(c) allow any other person to access the platform using their identifying information;

(d) attempt to interfere with or compromise the integrity or security of the Genesis Platform.

8. INTELLECTUAL PROPERTY RIGHTS & RIGHTS OF USE

8.1 Genesis is the owner or licensee of all Intellectual Property Rights contained in or generated by the Genesis Services, including without limitation Genesis Data, Usage Data, and all documentation and technical information provided to the User in connection with the User's receipt and use of the Services (collectively, the” Genesis property ”). All rights are reserved and except as expressly provided in this Agreement, Genesis does not grant the User any right or license with respect to the Genesis Property.

8.2 As part of the use of the Genesis Platform and unless authorized by Applicable Law, the User undertakes not to:

(a) copy, modify, duplicate, create derivative works from the Genesis Property, republish, download, display, broadcast, or distribute all or part of the Genesis Property in any form, on any medium, or by any means;

(b) attempt to decompile, disassemble, reverse engineer, or otherwise reduce all or part of the Genesis Platform to a human-understandable form;

(c) delete or delete any proprietary or intellectual protection notices contained in the Services; and/or

(d) make copies of elements of the Services other than copies that are reasonably necessary for backup and security purposes, remembering that such copies are the property of Genesis.

8.4 Genesis grants the User the right to access and use their Score and their raw analysis data relating to the Land Plots only for their internal and non-commercial purposes, during the Term. The User may also use the Score for research purposes, subject to informing Genesis in advance. The User agrees to provide Genesis with the results of these searches. The User will not use the Scores in an unlawful manner or for the purposes of denigration. Any use of the Scores will be accompanied by an apparent mention to Genesis as the source of the score in accordance with brand guidelines provided by Genesis.

8.6 The Services include self-learning developing over time using data, data categories, and parameters, including, but not limited to, Third-Party Data, to discover new correlations, relationships, aggregations, summary data, summary data, algorithms trained, algorithms trained, models, and parameters using artificial intelligence techniques (collectively, the” Correlations ”). Correlations are not specific to Genesis Users.

8.9 The User agrees to provide regular feedback to Genesis on the Services. The User acknowledges and accepts that Genesis may use this feedback in order to improve the Services without any intellectual property rights or payments of any type whatsoever being due to the User.

9. SAFETY MEASURES

9.1 The User shall treat any User name and password used to access the Genesis Platform as Confidential Information and shall not disclose such information to any third party and shall take appropriate safeguards, in accordance with industry best practices, to prevent unauthorized access to the Services.

9.2 The User will be responsible for maintaining the confidentiality of his login information to his User account and for all activities relating to his User account. To this end, and without limitation, the User must use “robust” passwords (using a mixture of uppercase and lowercase letters, numbers and symbols) for their User accounts.

10. DURATION AND TERMINATION

10.1. This Agreement takes effect on the date that the User completes their online Registration Form, accepting this Agreement through this Genesis online registration process.

10.2. This Agreement may be terminated by either Party by sending a notice to the other Party in the event of a breach by the latter of any of the substantial provisions of this Agreement. The non-defaulting Party must inform the other Party of any breach that can be repaired, and allow it a period of thirty (30) days to remedy it. The termination of the Contract may only take place if the said breach has not been remedied by the expiry of this period. In order to remove any ambiguity, a material breach of the Contract by the User includes without limitation a breach of the following provisions: those of Article 7 (Obligations of the User), d, of, of, of Article 8 (Protection of personal data) and/or of Article 11 (Confidentiality). Violation of Article 5 (Right of Access) and/or Article 11 (Confidentiality)) constitutes a material breach of the Agreement by Genesis.

10.3 This contract may also be terminated (i) by the User, in accordance with article 3.1, or (ii) by G, by providing the user with thirty (30) days' notice.

10.4 In the event of termination or expiration of this Agreement for any reason, User rights regarding access to the Genesis Platform, and regarding the use of the Score, will cease immediately.

10.5. Any termination of this Agreement is without prejudice to any other right or remedy that a Party may have under this Agreement or the Law, and does not affect the rights and obligations acquired by either Party. Termination of this Agreement does not release the User from the obligation to pay Genesis any outstanding amount due.

10.6. The following sections will survive the expiration or termination of this Agreement: Section 1 (Definitions), 7, 8 (Intellectual Property Rights), 10.6 and 10.7 (Termination), 11 (Confidentiality), 14 (Limitation of Warranties), 14 (Limitation of Warranties), 15 (Liability), and 18 (General Terms).

11. CONFIDENTIALITY

11.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under the Contract. The provisions of this section do not apply to the following categories of Confidential Information:

(a) information that is or becomes publicly known other than as a result of an act or omission of the receiving Party;

(b) information that was validly in the possession of the other Party prior to disclosure by the Disclosing Party;

(c) information that is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; or

(d) information that is developed independently by the receiving Party, which independent development can be demonstrated by written evidence.

11.2 Each Party shall maintain the confidentiality of the other Party's Confidential Information and, unless otherwise required by Law, may not make the other Party's Confidential Information available for use for purposes other than those necessary to perform the terms of the Agreement or as provided for in this Agreement.

11.3 Each Party shall take all appropriate measures to ensure that the Confidential Information of the other Party to which it has access is not disclosed or disseminated in violation of the terms of the Contract.

11.4 Notwithstanding the above, no Party may be held responsible for the faulty disclosure of Confidential Information in the event that such information must be disclosed to comply with a legal or regulatory obligation, it being specified that the Party concerned must then inform the other Party in advance of this disclosure if it is not prohibited by Law.

11.5 The obligations set out in this section will continue for five (5) years from the date of termination of this Agreement.

11.6. Notwithstanding the provisions of Section 11.1, Genesis may communicate to Third Parties about the User's subscription to the Services.

12. SUBCONTRACTORS

The User acknowledges that Genesis may use subcontractors to provide the Services. Genesis will remain responsible for the performance of its subcontractors subject to the provisions of this Agreement.

13. REPRESENTATIONS AND WARRANTIES

13.1 Each Party guarantees that it has the necessary powers to conclude the Contract.

14. LIMITATIONS OF WARRANTIES

14.1 Genesis will not be responsible for the proper functioning of the Genesis Platform if used contrary to the terms of this Agreement, the T&Cs, and the documents and instructions provided by Genesis to the User.

14.2 The User acknowledges and agrees that the Services are provided by Genesis “as is” and that, except as expressly stated otherwise in this Agreement, any warranty, representation, representation, or commitment on the part of Genesis is excluded. In particular, Genesis does not guarantee that the Genesis Platform will be accessible uninterrupted or free of Vulnerabilities, and cannot be held responsible for any loss suffered by the User and related to an interruption in the availability of the Genesis Platform, or to the exploitation of a Vulnerability by a third party, in particular when this results in a loss, destruction, alteration or disclosure of User data.

14.3 The User acknowledges and accepts that the provision of Scores depends on the accessibility, by Genesis, of the Land Plots and that the latter cannot be held responsible in the event of a delay or inability to provide Scores due to a defect or delay in accessing the Land Plots and/or data provided by a third party and/or the User that is not due to a failure on the part of Genesis.

14.4 The User acknowledges and accepts that the provision of Scores is in no way a substitute for thoughtful and concerted decision-making by the User and that the User remains solely responsible for any use of the Scores and for all decisions that will be taken based on the Scores. Genesis does not provide any guarantee as to the accuracy, completeness, or relevance of the Scores. To the extent permitted by Applicable Law, Genesis will not be liable for losses suffered by the User as a result of the Scores, their interpretation, their use by the User or by the Third Parties, or their exploitation, or because of the decisions made by the User or by a Third Party based on the Scores, which remain the sole responsibility of the User.

14.5 Except as expressly provided in the Agreement, Genesis will not be liable for any interruption, delay, failure or unavailability affecting the Genesis Platform or the use or use of the Genesis Platform that is caused by the services of the User or a third party (including third party servers), Anomalies and Vulnerabilities in software or computer equipment of third parties or of the User, or due to a failure of connection to the Internet. The User also acknowledges that Genesis does not control the services of third parties or the services used by the User, that these Anomalies and Vulnerabilities are inherent to the use of such software, computer equipment and the Internet.

15. RESPONSIBILITY

15.1 Genesis' liability for a breach of the Contract may only be incurred in the event of direct damage, the amount of damages (within the meaning of articles 1231-2 to 1231-4 of the Civil Code) due by Genesis to the User as such cannot in any event be greater than a total of ten thousand (10,000) euros. Genesis cannot be held liable for indirect damages suffered by the User, neither for, for, loss of profit, loss of opportunity, loss of earnings or turnover, loss of profit, the consequences of complaints or claims by third parties against the User, nor for the loss or alteration of data.

15.2 Genesis does not incur any liability to the User, except as required by Applicable Law, for any Loss suffered by the User or its Users as a direct or indirect result of the use by the User or its Users of the Services and/or Scores in violation of the terms of this Agreement and/or the Terms of Use.

16. IMPROVEMENT OF THE GENESIS SERVICE & OBLIGATION OF MEANS

16.1 The User acknowledges that Genesis is constantly looking for innovative solutions and ways to improve its Services. The User therefore agrees that the Services may evolve at any time and that no guarantee, declaration or other commitment can guarantee the User any result, which the User expressly accepts, and all the obligations assumed by Genesis are obligations of means.

This is not given or granted with respect to the continuity of any of the functionalities of the Services on the day of signature hereof.

16.2 Due to the nature of the Services defined in this Agreement, Genesis

17. FORCE MAJEURE

17.1 A Party may not be held liable in the event of non-performance or delay in the performance of its obligations under the Contract if such performance is made impossible by an event constituting a case of Force Majeure.

17.2 The Party affected by a Force Majeure event will inform the other Party as soon as possible.

18. GENERAL STIPULATIONS

18.1 Written Communications

By using the Genesis Service, the User accepts that communication with Genesis takes place essentially in electronic form. Genesis will contact the User by email or provide information to the User through notifications on the Genesis Platform. The User accepts this method of electronic communication and acknowledges that all contracts, notifications, information, and other communications that Genesis will send to the User electronically will comply with any applicable legal requirements.

18.2 Notifications

(a) All notifications sent by the User to Genesis under this Agreement must be sent to contact@greenback.green The User must notify Genesis in writing if there is a change in the User's contact information provided in the Registration Form.

(b) All notifications sent by Genesis to the User under this Agreement must be sent to the contact details and to the person specified in the Registration Form.

(c) A notice will be deemed to have been received (i) 24 hours after an email has been sent, provided that the recipient's address is consistent with the information provided by the recipient in this Agreement, or (ii) three (3) days after the date of dispatch in the case of a notice by postal mail, provided that the letter was properly stamped, mailed, and sent to the recipient's mailing address provided by the recipient in this Contract.

18.3 Intuitu Personae

The Contract is concluded in consideration of the person of the User and in particular of the legal form of his company, the identity of its owners and its managers.

Consequently, the User is prohibited from transferring, in any form whatsoever, his rights and obligations under the Contract, in particular by changing the control of the company, regardless of the method of implementation, as well as in the event of transfer or lease management of all or an essential part of his business, or of a total contribution or an essential part of his assets, without the prior written consent of Genesis.

In the event of changes such as those referred to in the preceding paragraph, Genesis may terminate the Contract, without compensation, by simply sending an email and subject to thirty (30) days' notice from the date of sending this email.

Genesis may assign all or part of its obligations under this Agreement in the event of a change in control of Genesis (as defined by article L233-3 of the Commercial Code) by providing the User with thirty (30) days' written notice.

18.4 Absence of Waiver

The failure of a Party to exercise a right, sanction or remedy under any provision of this Agreement shall in no way be interpreted as a waiver of the exercise of such right, penalty or remedy, unless the right, remedy or remedy must be exercised or enforced within a specific period of time under penalty of foreclosure.

18.5 Changes

The Parties declare and accept that the provisions of article 1223 of the Civil Code are not applicable to this Contract.

Genesis reserves the right to change the Services and the terms of this Agreement at any time. The User acknowledges that he cannot make any claim in this regard.

In the event of a material change in the terms of the Agreement, Genesis will notify in advance and within a reasonable time to allow them to review such changes. Users who do not accept the new conditions must stop using the Services. Notwithstanding the above, paid Users may continue to use the service in accordance with the preceding terms until their subscription expires or is terminated, which will not be automatically renewed.

18.6 Independence of the Articles

In the event that one or more articles of the Contract are, for any reason, deemed null, illegal or inapplicable, the validity of the remaining articles of the Contract will not be affected. In this case, the Parties must, if possible, replace this cancelled item with a valid item corresponding to the spirit and purpose of the Contract.

18.7 Entire Agreement

This Agreement (which also includes the Registration Form and its Annexes) represents the entire agreement between the Parties and supersedes and cancels all previous contracts, promises, assurances, warranties, representations and agreements, written or oral, and oral, relating to its subject matter.

In the event of a conflict between the terms of the Contract, the Registration Form and the Annexes, the order of precedence will be as follows: Registration Form, Contract, Annexes.

18.8 Applicable law and dispute resolution

This Agreement is governed by French law.

The Parties will endeavour to resolve amicably any dispute or dispute arising in connection with the interpretation or execution of this Agreement.

In the absence of an amicable solution found by the Parties within a period of thirty (30) days from the first written notification of the dispute or dispute by the complaining Party to the other Party, the dispute will be under the exclusive jurisdiction of the court specified in this article.

Any dispute relating to the formation, validity, execution, execution, termination, interpretation of this Contract or its annexes which form an integral part of it, is subject to the exclusive jurisdiction of the Commercial Court of Paris.

This article does not deprive the Parties of their respective right to refer to a court urgently in the event of an infringement by one of the Parties of the Intellectual Property Rights of the other.

APPENDIX I: Support and Assistance Services

Support

The User benefits from support for the use of the Service on working days in France, from Monday to Friday from 9:30 a.m. to 5:30 p.m., French time.

This support is accessible via internet at the following address: support@greenback.green

The User undertakes to formulate the question precisely and, if necessary, to describe the problem encountered.

Corrective Maintenance

Anomalies are reported by the User to Genesis by contacting the Support Department. The User undertakes to provide all the necessary information requested by Genesis. Genesis acknowledges receipt of the report and communicates its initial diagnosis to the User by email within a reasonable time after receiving the report via the Support internet platform. Genesis makes every effort to correct the Anomalies as soon as possible.

Genesis will not provide Corrective Maintenance in the following cases:

  • use of the Service not in accordance with the provisions of the Contract and/or the CGU;
  • an Anomaly not attributable to the Service
  • a so-called “fugitive” anomaly, that is to say an anomaly that is not reproducible
  • a refusal by the User to collaborate with Genesis in resolving the Anomalies and in particular to answer questions and requests for information
  • of a failure in electronic communication networks

Genesis makes no commitment, under Corrective Maintenance, to add new functionalities to the Service at the User's request.

The correction of Anomalies may cause the Service to be temporarily unavailable. Genesis will make its best efforts to inform the User in advance of such unavailability.