Terms of uses

1. PUBLISHED BY

TerraNIS SAS – 12, avenue de l’Europe, 31520 Ramonville, France (“TerraNIS”, “we”, “us”).

2. GENERAL

The present document describes the terms of use for Terranis online services, the website and the mobile apps dedicated to the digital products and services supplied by TerraNIS (The “Service(s)” or the “App(s)”). Please read carefully the terms of use contained herein. The Service is provided only for persons of 18 years or more or minors with parental authorization.
If you do not agree with the present terms of use and the TerraNIS Privacy Policy (together the “Terms of Use”), you must not use the Service. If you agree to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms of Use. By accessing the Service, you declare that you are authorized and that you accept unconditionally those Terms of Use. We reserve the right to update these Terms of Use. All changes are effective immediately when posted and apply to the entire Service. Your continued access and use of the Service after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms. If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Service.
We will do reasonable efforts to keep the information on this site accurate and up-to-date. Nevertheless, some information available through the site may be technically inexact or contain typing errors. TerraNIS does not declare nor guarantee the completeness or reliability of this information and disclaims any liability for any error, omission, interruption and/or change in the content or damage resulting from a computer virus or a third party intruder.
We reserve the right to modify all or part of the Service, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Service. We also reserve the right to change the contents of the Service at any time without prior warning and in particular to change its business offer, its price list and its general sales conditions.
You understand that it is your responsibility to make all necessary arrangements to access and use the Service safely, and in compliance with these Terms of Use. You recognize that you will be able to use the Service only if your device has an Internet connection. Traffic or access fees charged to you due to the use of the Service are subject to the general terms concluded with your Internet service provider or mobile network operator. You understand the risks associated with the use of Internet, including, without any limitation, unavailability of the Service, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc.

3. AUTHORIZED USE

You may use our Service for your personal, non-commercial use only, as permitted by law, including applicable export and re-export control laws and regulations.
Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable and revocable right of access and use of the Service. Any other rights are expressly excluded except otherwise provided in a specific written agreement.

4. ACCOUNT

You may need to register on the Service with an account and a password that may be chosen by you or attributed to you by TerraNIS. You must treat this information as confidential. You are advised not to share your account and your password with anyone. You must protect these account details and you are responsible for any activity associated with your account. You agree to notify TerraNIS immediately of any unauthorized access to or use of your user name or password or any other breach of security. We reserve the right to disable any user name, password or other identifier, at any time in its sole discretion for any or no reason, including if, in TerraNIS opinion, you have violated any provision of these Terms of Use.

5. COLLECTION AND PROCESSING OF PERSONAL INFORMATION

You may be required to provide registration details or other information. All the information you provide must be correct, current and complete and is subject to TerraNIS Privacy Policy available at https://www.terranis.fr/en/privacy-policy/.
Any use of personal data, if any, will be made in compliance with applicable law.
According to French law related to data protection promulgated on 6 January 1978, you are legally entitled to consult, correct and delete your personal data. To exercise your rights, you may contact our web content manager at the following address: rgpd@terranis.fr
We may communicate your personal data to other companies, located within or outside the territory of European Union, for the operation of the Service and/or to permit the performance of your order. You may however ask us not to do so by contacting our web content manager at the following address: rgpd@terranis.fr.

6. INTELLECTUAL PROPERTY – COPYRIGHT

The contents (including but not limited to designs, texts, information) of the Service are protected by French and other laws (including but not limited to laws related to author and intellectual property rights, database protection, etc.) as well as by all applicable international agreements.
The contents of the Service are intended solely as information for visitors to the Service. The contents may not be modified, distributed or circulated either wholly or in part, without prior written authorization of TerraNIS. No right, title or interest in or to the Service or any content on the Service is transferred to you. All rights not expressly granted are reserved.

7. USE RESTRICTIONS

You shall not, and shall not authorize a third party to, without limitation:
• modify, reproduce, represent, adapt and/or translate all or any part of the Service and/or related content;
• extract, all or any part of the Service and/or its content, or create any derivative work from all or part of the Service and/or its content;
• reverse engineer, decompile, disassemble or transform, in any way the object code of the Service into source code;
• distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Service or the right to use the Service;
• delete or modify any droit d’auteur, copyright, trademark or any other proprietary rights relating to the Service which we or our licensors own; or
• use the Service for purposes other than those expressly authorized by these Terms of Use.
In addition, it is strictly prohibited to:
• extract, by permanent or temporary transfer, or re-use all or part of the content of our Service to another medium, by any means and in any form;
• bypass or circumvent any measures employed to prevent or limit access to our Service;
• link to any portion of our Service for any purpose; and
• use any device, software or routine that interferes or attempts to interfere with the normal operation of our Service or take any action that imposes an unreasonable load on our equipment.

8. ADDITIONAL TERMS AND CONDITIONS

When you place an order for products or services through the Service, you will be asked to agree to additional terms and conditions set forth in the license or other agreement that apply to that specific product or service.

9. THIRD-PARTY CONTENT

Our Service may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by us or by third-parties. We are not responsible for and do not necessarily hold the opinions expressed by our content contributors: opinions and other statements expressed by users and third parties are theirs alone, not opinions of TerraNIS.
Information created by third parties that you may access on our Service or through links is not adopted or endorsed by us and remains the responsibility of such third parties. The accuracy and completeness of such content is not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Service, we are not accepting any obligation or liability relating to the content.
Due to the number of sources from which content on our Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.

10. LIABILITY

You expressly agree that your use of the Service is at your sole risk. Unauthorized use of the Service may give rise to a claim for damages and/or be a criminal offence.
You will be responsible for any loss TerraNIS suffers as a result of your violation of these Terms of Use or any instructions given by us, including information given during the installation process of the Service or instructions related to all security requirement communicated by TerraNIS to you. You agree to indemnify and hold harmless TerraNIS and the affiliates, and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder.
In no event will TerraNIS, its affiliates or its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any Service linked to it, or any content or services on these Service, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11. INDEMNITY

You agree to indemnify and hold harmless TerraNIS, its affiliates, licensors and service providers, and TerraNIS and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Service or your violation of these Terms of Use.

12. COMPANY’S DISCLAIMER OF WARRANTIES

To the extent permitted by applicable laws, the Service and its content are made accessible on an “as is” and “as available” basis. TerraNIS gives neither warranty nor represents, without limitation, that:
• the Service and its supporting elements will meet your requirements,
• the same will be uninterrupted, timely, or default and error free,
• the result that may be displayed through the Service will be accurate, up to date or reliable,
• the quality of any data, information or other material obtained will meet your expectations and that such data, information and other material will be default and error free, or that any errors will be corrected.
We reserve the right to correct any errors or omissions on our Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to our Service, we do not guarantee or warrant that our Service or materials that may be downloaded from our Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Service and any materials available through our Service, you do so solely at your own risks. You shall be responsible for backing up your own system, including any content downloaded through the Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice. You agree that TerraNIS shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Service. In addition, in the event you breach these Terms of Use or engage in any activity that is harmful to us or our users, we reserve the right to terminate your access to our Service or take any other actions that we believe to be in our interest and of our users as a whole.
These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Service.
If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.
Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.

13. JURISDICTION/APPLICABLE LAW

Any dispute between you and TerraNIS arising in relation with the use of the Service shall be settled under the arbitration of the Courts of Toulouse, France. The law applicable shall be French law, without regard to its conflict of laws rule.

14. FEEDBACK

TerraNIS welcomes your feedback and suggestions about TerraNIS products, services and the Service. By submitting any suggestions, questions, information, material or other content (collectively, “Feedback”), you represent and warrant that this Feedback does not infringe or violate the intellectual property or proprietary rights of any third party. If you provide or communicate your Feedback we will own all right, title, and interest in and to the Feedback, and we will be entitled to use the Feedback without restriction or any obligation of compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to TerraNIS.

15. CONTACT

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: contact@terranis.fr
After reading the Privacy Notice and understanding the risks involved in transferring your personal data to the United States, you hereby consent and give permission to TerraNIS to transfer your personal data to the United States in order to temporarily store them in its systems located in this country.