General conditions of use

D.H. COMPANY is a simplified joint stock company, whose head office is located at 111 Boulevard de la Millière 13011 Marseille, registered in the Marseille Trade and Companies Register under number 889.362.398 (hereinafter referred to as the “” Society ”).

These general conditions of use (hereinafter referred to as the” CGU ”) define the legal framework for the use of the “Fullwhere” platform, designed, developed and operated by the Company (hereinafter referred to as the” Platform ”). These T&Cs also define the legal framework for the relationships established between the Company on the one hand and any user of the Platform on the other hand (hereinafter referred to as the “” Users ”). The Company and the Users are also hereinafter also jointly referred to as the” Parties ” and individually a” Party ”.

It is possible to contact the Company at the address indicated at the top of this document or via the form on the website. https://www.fullwhere.com/.By any use of the Platform as well as its services, the User declares and acknowledges having read and accepted these Terms and Conditions without reservation.
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ARTICLE 1: DEFINITIONS
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In these Terms of Use, words or expressions beginning with a capital letter have the following meaning:
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▪ Customer: refers to any customer of the Company who has taken out a subscription in order to benefit from the access and use of the Platform by its staff;

▪ Account: refers to the space accessible on the Platform, allowing Users to access all the functionalities offered on the Platform by the Company;

▪ Contents: refers to any text, graphic, image, image, music, music, video or other element that may be put online by a User;

▪ Personal Data: refers to personal data within the meaning of Regulation No. 2016/679, known as the General Data Protection Regulation (” RGPD ”) that the User enters, enters, transmits as part of the use of the Platform;

▪ Intellectual Property Law: refers to all literary and artistic property rights (copyright and related rights), industrial property rights (trademark, design and patent) provided for in the Intellectual Property Code and International Treaties;

▪ Identifiers: refers to both the User's own identifier and the login password provided by the Company or chosen by the Customer;

▪ Platform: refers to the “Fullwhere” platform accessible online at https://www.fullwhere.com/ or any other domain name that will be transmitted by the Company;

▪ Services: refer to the various functionalities accessible during the use of the Platform by the Users, defined below.

▪ User: refers to a natural person who is part of the Customer's staff and authorized by the latter, or a logical or physical system, who can have access to the Platform for professional use.
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ARTICLE 2: DESCRIPTION OF SERVICES

The Services offered by the Company are accessible from the Platform.

In particular, the Services offered on the Platform give the User access to the following functionalities:
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▪ Centralization of customer feedback;
▪ Tools for communicating with end customers and responding to customer feedback;
▪ Implementation of satisfaction surveys;
▪ Collaboration and support of the Customer's internal teams in the context of customer feedback management.

The Services offered by the Company are subject to change. The Company reserves the right to offer any Services that it deems useful, in a form and according to the functionalities and technical means that it considers most appropriate to provide these Services.

The Platform and its Services are accessible to any User with internet access. All costs relating to access to the Platform, whether hardware, software or internet access costs are exclusively the responsibility of the Customer.
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ARTICLE 3: ACCEPTANCE - MODIFICATION

These CGU are applicable throughout the duration of navigation and access to the Platform.

The Company reserves the right to modify these T&Cs. Any changes will take effect as of their publication. The User agrees to be notified of the updated CGU by their publication on the Platform.
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In the event that the User does not accept these modifications, he will be free to stop using the Platform.

By continuing to use the Platform or by accessing it after the effective date of the updated T&Cs, the User declares to have taken note of the updates and accepts all the changes made to them.

The latest version of the T&Cs available online on the Platform will prevail, where applicable, over any other version of these T&Cs.
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ARTICLE 4: CREATION OF AN ACCOUNT

4.1 To access all the functionalities of the Platform, the User must have an Account. The Customer must subscribe to the Services under the conditions and according to the modalities determined in the General Terms and Conditions of Sale, available at https://www.fullwhere.com/cgv. Once the subscription has been taken out, the Customer assigns user rights under his sole responsibility, the Users being then invited to create Login Identifiers.

4.2 During each use of the Platform, the User must systematically enter his Identifiers, which he must keep secret. These Identifiers are non-transferable and for strictly personal use. The User must ensure that their Identifiers are not used or likely to be used by third parties. As such, he undertakes to keep the various elements that make up his Identifiers separately. The user guarantees that he will protect the information relating to his Account and will be fully responsible for any use of his Account by himself or by a third party.

4.3 The Company may request certain additional information in order to attest to the reality of the identity of all potential Users of the Platform. By accepting these Terms of Use, Users agree to transmit all of the above information at the first request of the Company. Otherwise, the Services will not be accessible.

4.4 The User undertakes to provide accurate and accurate personal information in accordance with reality and to update it systematically, through his profile, in order to guarantee its relevance and accuracy throughout the use of the Platform. The User undertakes not to create or use, under his own identity or that of a third party, Accounts other than the one initially created.

In the event of violation of the provisions of these T&Cs, the Company reserves the right to modify or terminate access to the Platform at any time, without notice and without liability to the User.

The Company declines all responsibility in the event of loss or misuse of this information provided when downloading the Platform.
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ARTICLE 5: AVAILABILITY OF SERVICES

The Services are accessible 24/7 within the limits of periods of interruption related to maintenance operations and subject to periods of unavailability of the Platform.

In accordance with Regulation (EU) 2017/1128 on the cross-border portability of online content services, the User who has subscribed to the Services from a Member State of the European Union, will have access to the same content and in the same way during his temporary use of the Services in another Member State, at no additional cost. However, the Company cannot guarantee the same quality of service as that provided to the User in his country of residence.

The use of the Platform and the Services is granted “as is” without warranty of any kind whatsoever, express or tacit, as to its performances or results, or concerning the compatibility of the Platform with the use that Users will make of it. The Company does not guarantee an error-free supply, without punctual and secure interruption of the Services offered via the Platform.

The Company is not bound by any obligation to provide personalized assistance, in particular technical assistance.

The Company reserves the right to make any changes and improvements of its choice to the Services, provided that this does not result in any alteration in quality or substantial modification of the functionalities of the Services.

Temporary interruptions of the Services will, as far as possible, be notified via the Platform at least 24 hours before they occur, except when these interruptions are of an emergency nature.

Any permanent closure of the Services will be notified via the Platform at least one (1) month before it occurs.
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ARTICLE 6: OBLIGATIONS OF USERS

6.1 The User undertakes, throughout the duration of the use of the Platform and the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. He is solely responsible for the information transmitted to the Company via the Platform. As such, the Company cannot be held liable under any circumstances. The User undertakes to respect the terms of these T&Cs.

6.2 When using the Platform and/or its Services, Users are prohibited from:
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▪ Use the Platform in any illegal manner, for any illegal purpose or in any way that is incompatible with these T&Cs;
▪ Sell, copy, reproduce, rent, lease, lend, lend, distribute, distribute, distribute, transfer or sublicense all or part of the content on the Platform or to decompile, reverse engineer, disassemble, modify, display in readable form, attempt to discover any source code, attempt to discover any source code or use any software that activates or includes all or part of the Platform;
▪ Defame, abuse, harass, stalk, stalk, threaten, or otherwise violate the rights of others (such as privacy and advertising rights);
▪ Upload to the Company's servers, publish, send by email, transmit or make available in any other way elements of any nature whatsoever (computer or not, written or not, etc.);
▪ Impersonate another natural or legal person, falsify or delete copyright notices, legal notices, property rights indications or labels concerning the origin or source of Services or any other elements of the Platform;
▪ Remove copyright, trademark and property rights notices that appear in the Platform and/or its Services and/or related documents;
▪ Partially or totally prevent another User from accessing or using the Platform from using or benefiting from the Services;
▪ Use the Platform and/or the Services for purposes that are illegal, prohibited or likely to undermine public order and/or morality;
▪ Interfere with or interrupt the Platform and/or the Services, or the servers or networks connected to the Platform and/or the Services, or violate the requirements, procedures, regulations or regulations of the connected networks;
▪ Attempt to gain unauthorized access to the Platform's computer system, or to engage in any activity that is disruptive, decreases the quality or interferes with the performance or deteriorates the functionalities of the Platform;
▪ Use the Platform for abusive purposes by deliberately introducing viruses or any other malicious program into it and attempting to access the Platform in an unauthorized manner;
▪ Use a robot, spider, or any other device to retrieve or index all or part of the Platform and/or Services, or to collect information on Users for unauthorized purposes;
▪ Create Accounts automatically or for diverted or fraudulent purposes;
▪ Promote or provide instructions on illegal activities, or promote physical or moral violence against a group or individual;
▪ Promote any religion or religious activity;
▪ Offer any commercial promotion or preferential rates from any other company or service;
▪ Transmit viruses, worms, defects, Trojan horses or any other element that is destructive or likely to steal or reveal data from another User.

6.3 Users also undertake to:
▪ Do not transmit any false information to the Company;
▪ Do not adopt, when using the Platform, conduct that is likely (i) to cause harassment by third parties or to call on third parties to engage in harassment, (ii) to encourage hatred, discrimination, racism, fanaticism and physical violence against individuals or groups of individuals, (ii) to solicit funds for the financing of illicit activities, (iv) to represent or advocate for the physical violence of individuals or groups of individuals illegal activities or conduct that is defamatory, abusive, abusive, obscene, threatening, or libelous as well as false information or misleading, (v) to promote or encourage any criminal activity or enterprise or giving indications or instructions on how to promote illegal activities, the invasion of privacy, the dissemination and creation of computer viruses.

6.4 If, for any reason, the Company considers that the User does not comply with these Terms of Use, the Company may at any time, and at its sole discretion, temporarily or permanently suspend its use, delete its access to the Platform and the Services and take any measures including any civil and criminal judicial action against him.
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ARTICLE 7: RESPONSIBILITY

7.1 The Company cannot be held responsible for the Content transmitted by Users via the Platform and does not give any guarantee, express or implied, in this respect.

The Company is also under no obligation to pre-select, control or modify the information transmitted by Users via the Platform. The Company cannot be responsible for the choices made by Users.

Users are solely responsible for the use they make of the Platform and for the direct or indirect consequences of this use. They are responsible for using them in accordance with the regulations in force.

The Company cannot be held responsible for any prejudice or damage arising directly or indirectly from the Customer's misuse of the Solution or Services.

7.2 The Company cannot be responsible for the quality, availability and reliability of telecommunications networks, regardless of their nature, in the event of data transport or Internet access, even when the supplier is recommended by the Company.

The Company can also not be held responsible for periods of interruptions related to update and maintenance operations.

7.3 Under no circumstances can the Company be held responsible, both with respect to the User and to third parties, for indirect damages. In particular, indirect damage is: loss of profit, increase in general expenses, loss of profit or customers, any operating loss, loss of profit or financial loss resulting from the impossibility of using the Solution.

7.4 In addition, the Company cannot be held responsible for the non-functioning, inability to access or malfunction of the Services of the Users' access provider, to those of the Internet network. The same will be true for all other reasons external to the Company. Indeed, although the Company makes every effort to avoid malicious use of the Platform, the Company cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely to contaminate computer equipment and programs.

Furthermore, the Company does not guarantee that the information transmitted by Users cannot be subject to intrusions by unauthorized third parties, nor can it be corrupted or downloaded, nor that the information and data circulating on the Internet are protected against such attacks or possible hijacking.

ARTICLE 8: INTELLECTUAL PROPERTY RIGHT

The Company is the exclusive owner of the intellectual rights on the Platform and in particular of all texts, comments, books, illustrations, videos and images, whether visual or audio, reproduced on the Platform as well as its databases of which it is the producer.

The general structure of the Platform, and all the elements composing it (such as in particular names, brands, brands, logos, designs and models and any other distinctive sign, domain names, phonographic or video recordings and their associated elements), are the exclusive property of the Company and/or its licensors.

All of these rights are reserved for the whole world.

The Company grants the User a non-exclusive license to use the Platform. As such and in accordance with the provisions of the Intellectual Property Code, only the use of the Platform and its content for professional use, subject to different or even more restrictive provisions of this code, is authorized. Any other use constitutes counterfeiting and is punishable under Intellectual Property without prior authorization from the Company.

This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party. The license is granted for the duration of use of the Platform.

No title or any right to any element will be transferred or obtained by the User and his use of the Platform and/or the Services does not grant him any title or any intellectual property right.

It is strictly forbidden for the User to reproduce, publish, edit, edit, transmit, transmit, transmit, transmit, distribute, distribute, show, remove, delete, add to this Platform, and to the elements and software they contain, nor to decompile, modify or perform any work using them as a basis, nor to sell or participate in any sale in connection with this Platform, the elements of the Platform or any related software.

In addition, and without this list being exhaustive, the User is prohibited from:
▪ reverse engineer the Platform in order to develop a competing product or service and/or to copy, reproduce any functionalities, functions or any graphic attributes of the Platform;
▪ use the Platform other than in accordance with its professional destination, i.e. for the sole professional needs of its activity;
▪ distribute the Platform, exploit it for commercial purposes, make it available to third parties or rent it;
▪ alter or disrupt the integrity or execution of the Platform or the data contained therein;
▪ obtain or attempt to obtain unauthorized access to the Platform or to the systems or networks associated with it;
▪ download or reproduce the Platform code or translate the form of this code in order to obtain the information necessary for the interoperability of the Platform with other software created independently;
▪ carry out any decompilation of the Platform outside of the cases provided for by law.
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ARTICLE 9: SAFETY
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Users undertake to take all reasonable precautions to maintain the confidentiality of their username and password allowing access to the Platform.
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In this respect, the User undertakes in particular to:
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▪ Do not write your username or password anywhere and under no circumstances, even in coded form;
▪ To always use your identifiers away from prying eyes and ears;
▪ Beware of composing your identifiers in front of third parties;

It is also strongly recommended that Users change, at regular intervals, the password required for access to the Platform. To this end, the User must access the tab Settings, then My account, then Password.
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When changing his password, the User must ensure that the password does not consist of easily identifiable combinations such as for example his name, first name, date of birth, or those of a relative (spouse, child, etc.), a password used for other uses (in particular for personal messaging, etc.), a password used for other uses (in particular for personal messaging, etc.).
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The User also undertakes not to store his identifiers on his computer, smartphone and/or digital tablet, or to send them via insecure transmission channels such as email, SMS.
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The User is also responsible for deleting the information stored on his computer, smartphone and/or digital tablet after using payment services, in particular the deletion of cookies and history or the deletion of data stored in the cache memory.
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Internet is an open international telecommunications network to which the User can access through a computer, smartphone or digital tablet. To access the Platform and the Services, the User must comply with the technical requirements (concerning equipment and software) as described in these Terms of Use.
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The User is required to take all necessary measures to ensure that the technical characteristics of his computer, smartphone, or digital tablet, as well as their software and internet subscription, allow him to access the Platform securely.
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The User is fully responsible for the correct functioning of his computer equipment, as well as for his connection to the Internet. As such, the User must ensure that this equipment does not present problems or viruses and is sufficiently secure to prevent the risk of a third party obtaining access to his Account and to the data contained in this space.
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The User must make every effort to maintain this security. For this, the User must ensure in particular that there is no risk of hostile programs or viruses accessing and disrupting the Company's computer systems. In particular, the User must ensure the security of their computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spy software as well as a personal firewall.
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The User assumes the technical risks, in particular related to a power outage, an interruption of connections, a malfunction or even the overload of networks or systems.
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The User acknowledges that he must contact the Internet access provider of his choice to access the Internet, the Platform and the Services. In this context, the User acknowledges that it is up to him to choose his Internet access provider and to set the terms of his relationships with him.
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The Company cannot be responsible for the risks relating to Internet access and the risks relating to the transmission of data remotely by the User or to the User, in particular in the event of a conflict between the User and his Internet access provider, in relation to the confidential/personal nature of the data transmitted, the cost of transmission, the maintenance and interruptions of telephone lines and the Internet network.
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The User is responsible for using the Services in accordance with the technical requirements in accordance with the security instructions given by the Company.
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Under normal conditions, the Services are accessible through the Platform.
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The User must connect to the Platform for a limited period of time and undertakes to disconnect as soon as he has finished using the Platform. Since disconnection from the Platform is not automatic, once connected, the User remains connected to the Platform until he disconnects by clicking on the indication disconnecting from the Platform.
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The Company reserves the right to:
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▪ Remove or remove any Content or information that the Company deems inappropriate;
▪ Without prejudice to legal actions taken by third parties, take personal action to redress the damages that the Company may have personally suffered as a result of breaches attributable to Users under these Terms and Conditions;
▪ Where appropriate, notify the competent authorities, cooperate with them and provide them with all the information useful in the investigation and suppression of illegal or illicit activities, in accordance with the legislation in force.

ARTICLE 10: PERSONAL DATA

In accordance with the law of January 6, 1978 relating to information technology, files and freedoms and the European regulation on the protection of personal data (RGPD), the User is informed that certain information concerning him is collected by the Company in order to allow him to process and perform his Services on the Platform.

The Company acts as a subcontractor, on instructions from the Customer, who is qualified as the person responsible for the processing of Personal Data. The Customer is informed that it is his responsibility to comply, under his sole responsibility, with his obligations under applicable regulations on the protection of personal data.

As soon as Personal Data is collected by the Customer or by the Company on the instructions of the Customer, it is the Customer's responsibility to ensure that the collection, processing and/or transfer of Personal Data is authorized.

The methods of processing Personal Data by the Company as a subcontractor are defined in the Company's Privacy Policy available on the Platform.
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ARTICLE 11: FORCE MAJEURE

Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as, for example, without this list being exhaustive: a strike or a technical failure (EDF, Enedis, telecommunications operators, telecommunications operators, internet access or hosting providers, etc.), a stoppage of energy supply (such as electricity), a network failure (such as electricity), a network failure (EDF, Enedis, telecommunications operators, internet access or hosting providers, etc.), an interruption in the supply of energy (such as electricity), a failure of the network electronic communication on which the Company depends and/or the networks that would come from substitute.

The Company cannot be held responsible, or considered to have failed in its obligations under these Terms of Use, for any non-performance related to a case of force majeure as defined by French law and case law, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and fulfill its obligations as quickly as possible after the end of the case of force majeure on the other hand.
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ARTICLE 12: INTEGRALITY

The provisions of these CGU express the entire agreement concluded between the Users and the Company. They prevail over any proposal, exchange of letters prior to and after the conclusion of these terms and conditions, as well as any other provision contained in the documents exchanged between the parties and relating to the subject of the CGU, unless an amendment duly signed by the representatives of both parties.

ARTICLE 13: NO RENUNCIATION

The fact that one of the parties to these T&Cs did not require the application of any clause, whether permanently or temporarily, can in no way be considered as a waiver of the rights of this party arising from this clause.

ARTICLE 14: NULLITY

If one or more provisions of these CGU are held to be invalid or declared as such in application of a law, regulation or following a decision that has become final by a competent court, the other provisions of these CGU will remain in full force and scope.

If necessary, the Company undertakes to immediately remove and replace said clause with a legally valid clause.

ARTICLE 15: TITLES

In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.
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ARTICLE 16: ATTRIBUTION OF JURISDICTION — APPLICABLE LAW

These CGU are governed by and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.

In the event of a dispute that may arise during the interpretation and/or execution of these Terms of Use or in connection with these Terms of Use, the parties undertake to make every effort to resolve amicably all disputes to which these Terms may give rise.

All disputes, relating in particular to the validity, execution, interpretation, and/or breach of these T&Cs, fall under the sole jurisdiction of the courts within the jurisdiction of the Company's head office, unless otherwise required rules of procedure.