The mobile application “ePack Access” (hereinafter the “Application”) provides a service assisting with implementing and managing a Food Safety Management System (“FSMS”) in accordance with French and European legislation.

The Application is the property of and exclusively operated by CHR NUMÉRIQUE, a limited liability company under French law, with a capital of €125,000, inscribed upon the Brest Commercial and Trade Register under number 789 845 120, whose registered office is located at 13 Avenue Georges Clemenceau – 29200 Brest, France.

The Application is available for download from the Google Play platform published by Google Inc.. The Application may be used on a tablet with the Android operating system.

“GTCU” shall be understood as the present General Terms and Conditions for Use drafted by CHR Numérique. They constitute the rules for using the Application.

“ Documentation” shall be understood as the online help screens, online user manuals, and any other document prepared by CHR Numérique or its agents and supplied to Users with respect to the Application.

“Data” shall be understood as all User-related data or information entered, scanned, installed, or uploaded by Users in or using the Application.

“Software” shall be understood as all computer programs, including libraries, comprising the Application developed by CHR Numérique and made available to Users using User hardware, in accordance with the provisions hereof.

“Price” shall be understood as the fees due by Users, as specified herein, pursuant to the Application being made available and the Services provided.

“FSMS” shall be understood as the Food Safety Management System to be implemented by Users in accordance with French and European regulations.

“Services” shall be understood as all the services accessible from the Application.
“Users” shall be understood as all persons using the Application and the Services.

General. The GTCU shall define the terms under which CHR Numérique, in return for payment of the Price by the User, shall grant the User the right to use the Application and the Services.

Consequently, Users hereby state and acknowledge having read the present GTCU and the simple fact of a User downloading the Application, or making a payment by any means, or using the Services shall be deemed full and complete acceptance hereof by said User.

Changes. CHR Numérique reserves the right, at any time and unilaterally, to terminate, make additions to, or change the present GTCU as it deems necessary. Consequently, Users must remain informed and consult said GTCU at each use. CHR Numérique shall inform Users of any modifications hereto by any means, in particular, by email or in the form of warnings when Users open the application.

Download modalities. The Application may be downloaded from Google Play on Android tablets.

Service Connection. The equipment (touch-screen tablets) required for accessing the Service as well as all other related costs, including telecommunications costs (such as an Internet connection) shall be the User’s sole responsibility. Users shall be solely responsible for the hardware used with respect to the Services.

Price. The Application is fee-based.

The Service subscription price shall be paid in the form of a single annual fee in the amount of three hundred ninety euros (€390) or in the form of twelve (12) monthly fees in the amount of thirty-nine euros (€39) each.

The Price shall be paid by secure online payment to CHR Numérique.

In cases of early termination due to a breach hereof by a User, such User shall make full payment of all fees remaining due until the end of the contractual period.

Duration. Service access shall be limited to twelve (12) months from the date the Application is downloaded. Beyond such period, the User shall be required to take out a new subscription under the pricing terms applicable at that time.

Suspension. Any User in breach of the obligations listed herein may be temporarily suspended from accessing the Application, without notice, preventing all Service access. CHR Numérique shall determine, at its sole discretion, the duration of such suspension. In such a situation, an email shall be sent to the User, informing them of the reason for the suspension and its duration. The User may then submit any substantiating documents required for the matters alleged against them.

Temporary Application access suspension shall not give rise to payment of any compensation whatsoever to the User. Should such User not change their behavior, CHR Numérique hereby reserves the right to terminate the GTCU with said User without prior notice and without the latter being able to claim any compensation whatsoever.

Termination. Should a User commit a serious breach of any one of the essential obligations pursuant hereto, CHR Numérique may, after sending notification to such User by email remaining fruitless for 8 days, terminate the GTCU ipso jure or, if the account has been temporarily suspended, without change in the behavior in question.

Any failure by a User to pay any sum due to CHR Numérique pursuant hereto, after sending said User notification by email remaining fruitless for 8 days, shall constitute a breach of an essential obligation.

Termination Effect. Should the GTCU be terminated, for whatever reason, the User in question (i) shall cease all use of the Application for which the subscription has been terminated, (ii) shall not claim reimbursement of any sums already paid and shall pay CHR Numérique, within eight (8) days following the termination effective date, all sums due for the period preceding the termination.

Supplying the Services. CHR Numérique shall provide Users a quality Application working on the Android version 4 or greater tablet operating system.

The Application is a tool intended to help manage and implement an FSMS system in particular by entering Data. The Application shall not substitute for the User determining an FSMS, a best hygiene practices guide, and identifying the critical points requiring Data records within the FSMS.

CHR Numérique reserves the right to improve and supplement the services provided, in particular by adding functional features to the Application. It is expected, in particular, that (i) an announcement/messaging system be implemented for communicating messages and/or information regarding Application use and regulatory and/or best health practices trends, (ii) advertising messages from CHR Numérique’s partners or third parties may be disseminated through the Application.

Information and Collaboration. Users shall also inform CHR Numérique, as soon as they become aware, of any new information that may influence Application use and any Application errors or malfunctions in order to limit any consequences such errors or malfunctions may have.

Compliance with Recommended Practices. Users shall use the Application in accordance with the GTCU and the Documentation, and shall comply with CHR Numérique’s requests and recommended practices in order to allow the latter to provide the Services in accordance herewith.

User Data. Users shall be responsible for all Data and Data hosting, back-up and recovery, and in particular in cases of Data loss, alteration, or destruction. Users shall also retain a copy of the Data on their own computer hardware in order to prevent any losses due to an unforeseen malfunction on the storage servers.

Application Access. Users shall determine their username and password for accessing the Services themselves. Users shall be solely liable for any activity undertaken using their accounts and shall notify CHR Numérique of, and shall make all due effort to terminate, any unauthorized use of an account or password or any other known or suspected security breach.

Maintenance. CHR Numérique shall not provide any remote maintenance services.

CHR Numérique hereby grants Users, who accept, a personal, non-exclusive, non-transferable right, for the entire world and the duration hereof, to use the Application, for the sole purpose of helping implement an FSMS, under the terms and limits specified herein.

With regard to such Application licence, the User shall, without reserve, not:

(i) copy all or part of the Software, in any manner whatsoever;

(ii) analyze or have analyzed by a third party – being understood as observing, studying, or testing – the Software’s operation with a view toward determining the ideas and principles upon which the program’s elements are based when the Software is conducting loading, display, run, transmission, or storage operations;

(iii) decompile or disassemble the Software, conduct reverse engineering, create derivative works from the Software, or attempt to discover or reconstitute the source code, the ideas behind it, the algorithms, file formats, or the Software’s programming or interoperability interfaces, other than within the limits of the rights granted by Article L.122-6-1 of the French Intellectual Property Code, in any manner whatsoever. Should a User wish to obtain information providing for implementing Software interoperability with other software, such User shall request said information from CHR Numérique, who may provide the required information to said User subject to payment by the latter of the associated costs;

(iv) modify, improve, or translate the Software, including in order to correct bugs and errors, as CHR Numérique reserves the exclusive right to do so in accordance with Article L.122-6-1-I-2° of the French Intellectual Property Code;

(v) transfer, lease, cede, or grant as security the Software’s ownership in whole or in part in any manner whatsoever.

The Software may integrate third party software used by Users solely with regard to the Software and shall never be used in any other manner without CHR Numérique’s prior written consent.

Users shall use the Application in accordance with all Documentation provided by CHR Numérique and shall not: (i) use the Application for the purposes of sending or storing items containing computer viruses, worms, Trojan horses, or other malicious code; (ii) access the Software for the purposes of (a) offering competing software or services, (b) developing software based on ideas, functional features, functions, or graphics similar to the Software’s; or (c) copying any of the Software’s ideas, functional features, functions, or graphics; or (iii) helping or allowing third parties to do so.

User Data Ownership. Under the framework hereof, Users hereby grant CHR Numérique licence and non-exclusive, transferable rights for the entire world, without valuable consideration, to use the User’s Data for the purposes required to provide the Services.

Users hereby state that they legitimately hold all rights to use, modify, and/or more generally all intellectual property rights regarding the items they may make available to CHR Numérique with respect hereto. Failing which, and in cases of third party claims, Users shall be personally responsible and bear the consequences of such claims, holding CHR Numérique harmless against all claims as long as CHR Numérique is not at fault.

Trademarks and Logos. The “ePack Access” trademark and logos are CHR Numérique’s exclusive property.

Application Ownership. Users hereby acknowledge that the Application, including any patches, workarounds, updates, upgrades, improvements, and modifications provided to Users, as well as all business secrets, authors’ rights, patents, trademarks, business names, and other related intellectual property rights shall remain, at all times, CHR Numérique’s sole and exclusive property.

The Application’s general structure, as well as the texts, graphics, images, sounds, and videos comprising it are CHR Numérique’s exclusive property. Users shall refrain from representing and/or copying and/or operating, in whole or in part, the content and Services offered by the Application, by any process whatsoever, in any form whatsoever, on any media whatsoever, and by any medium whatsoever, without CHR Numérique’s prior written consent.

Liability. CHR Numérique shall not be held liable for direct, foreseeable damages as defined in Articles 1150 and 1151 of the French Civil Code that may be caused to Users or third parties with regard to the performance hereof.

The Parties hereby expressly agree to exclude CHR Numérique’s liability with respect to any indirect or unforeseeable damages, in particular in case of data loss, interrupted availability, or corruption, lost profit, lost income, or weakening of any of the User’s assets.

CHR Numérique shall not be held liable for:

(i) any damages resulting from data or program loss or inaccuracies, file or program destruction, supplying hardware, software, a service, or technology;

(ii) any loss or damage incurred by a User due to a third party claim (except in cases provided for in Article 11); or

(iii) non-compliance with the instructions or any non-compliant use of the Application by a User.

CHR Numérique shall not be held liable with regard to the User’s FSMS implementation, as Users shall be solely liable for managing their FSMS and compliance with applicable regulations, in particular with respect to hygiene and safety.

CHR Numérique shall not be held liable for any delays, difficulties, or User Data loss resulting from the User’s computer environment or network, the User’s third party suppliers, and/or the User’s Internet access provider, and in particular in cases of poor Internet access connections or changes to Internet access codes.

Under no circumstances shall CHR Numérique be held liable under any legal action by third parties, in particular due to Data stored by Users violating third party rights or applicable legislation or regulations. Users shall hold CHR Numérique harmless against any conviction on these grounds.

Liability Limitation. Under no circumstances shall CHR Numérique’s total liability hereunder exceed the total amount of the sums paid by the User to CHR Numérique pursuant hereto during the nine (9) months preceding the event implicating its liability.

Services. CHR Numérique hereby guarantees that it shall provide the Services in accordance with (i) custom in the industry and (ii) applicable legal provisions.

The Parties shall comply with applicable legal personal data protection provisions. In particular, as personal data processing supervisors, the Parties shall accomplish all required processes and formalities.

CHR Numérique hereby informs Users that personal data is collected and processed with respect to the Application’s implementation. Such collection is the subject of prior notification to the CNIL [French Personal Data Protection Authority]. For the purposes of performing the Services, such data may be transmitted to third parties.

Users shall enjoy a right to access, modify, oppose, and delete their personal data, free of charge and at any time, with respect to all recorded personal data, in accordance with applicable French legislation by modifying such information in the Application or by writing to CHR Numérique, 13 Avenue Georges Clemenceau – 29200 Brest, France.

Prescription. Unless a shorter term is provided for by law, any claim for liability against CHR Numérique shall be prescribed one (1) year after the originating prejudicial event.

Full agreement. The present GTCU express the full agreement between the Parties with respect to the Services. They void and replace all prior provisions regarding the same scope, regardless of the origins thereof. The present GTCU may only be modified by rider signed by both Parties.

No Waiver. The fact that one of the Parties delays in exercising one of its rights hereunder, or does not exercise it, shall not be deemed waiver of such rights, whether with respect to a past or future event.

Partial Nullification. Should a competent jurisdiction find any one of all or part of the GTCU’s provisions invalid, unenforceable, or void, the remainder of the GTCU shall continue to produce their effects between the parties and the Parties shall interpret the GTCU’s provisions so as to preserve the Parties’ wishes.

The GTCU shall be governed by French law.

Users and CHR Numérique shall attempt to resolve any disputes amicably before filing suit before the courts. In the event of litigation between the Parties regarding the formation, interpretation, performance, and/or termination hereof, exclusive competence is hereby granted to the courts within the Paris Court of Appeal’s jurisdiction.