Privacy and Terms of Use of yoplanning.pro

Thank you for taking the time to learn about the Yoplanning Terms of Use. This is where you'll find information about what you can and can't do with Yoplanning. If you still have questions after reading them, contact us.

By using Yoplanning, you agree to be bound by the following terms and conditions. Vakario reserves the right to update and modify these terms of use without notice.

Violation of any of the terms below may result in termination of your account.

Ownership and editorial responsibility

This software is the property of Vakario – SARL domiciled at 245 rue du Marais 73190 Challes les Eaux – RCS Chambéry 493 337 315

Tel: [phone]

The publication director of this site is Mr. David GRANDADAM in his capacity as president.

Terms and conditions

Yoplanning, an application suite designed and developed by VAKARIO, is a tool to help manage activities and provides access to different specific interconnected modules and applications that can be used online on the Site https://yoplanning.pro and in particular Yoplanning, application allowing the management of activity schedules (accessible free of charge).

The Yoplanning Service is customizable by the User during its configuration, in particular through the possibility of choosing different optional modules. Any addition of options or additional modules can be done at any time via your Account.

By ordering the Yoplanning Service, VAKARIO grants the User a non-exclusive license to use its software and applications for the duration of the commitment entered into by the User.

It is expressly recalled that the management decisions that will be taken by the User are their sole responsibility, Yoplanning being only a tool to help manage their activity.

Accessibility to Yoplanning as well as the processing of information provided by the User will be 24 hours a day (twenty-four hours a day) via the yoplanning.pro website.

User is informed that the operations carried out are traced by the yoPlanning application. In addition, the User retains ownership of the elements and content he creates using yoPlanning.

The User undertakes to use the data only for their own needs. Apart from the rights granted by these T&Cs/C.G.U. and without prejudice to these, the User is not authorized to (non-exhaustive list):

• Copy, print, transfer, transmit, sell, rent, rent, sublicense, otherwise distribute or display all or part of Yoplanning, except for white label resale.

• Use Yoplanning to provide data processing, service bureau, time-sharing or other similar services, of whatever nature, to any other natural person, company or entity, except in the context of a white label resale.

• Adapt, develop, modify Yoplanning and/or merge all or part of it into other computer programs.

• Delete and/or modify any trademark, property and/or copyright notices that VAKARIO may have affixed to the programs, media or documentation.

The User gives full and complete authorization to VAKARIO to use the data and information concerning the User as well as the activities and/or services that the User wishes to market, for the sole purpose of promoting said activities. and/or services under the ResaOne brand. The User will be able to choose, via the configuration of Yoplanning, the activation or deactivation product by product of the ResaOne sales channel “channel manager”.

In addition, the User must ensure that all useful backup operations have been carried out. The User is solely responsible for the voluntary or accidental deletion of his data when using Yoplanning. VAKARIO cannot be held responsible for any loss, alteration or destruction of said data resulting from these actions.

Liability in the event of a computer attack or network malfunction

Vakario undertakes to implement all reasonable measures to ensure the security and availability of its software. However, in the event of a computer attack (cyberattack), network malfunction, or any other situation preventing access to the software, the following provisions apply:

1. Security and Protection Measures: Vakario implements advanced security measures to protect its systems and user data against cyberattacks. Despite these measures, no technology is entirely foolproof.

2. Limitation of liability: In the event of a computer attack, network malfunction, virus, or any other unforeseen interruption preventing access to the software:

• Yoplanning cannot be held responsible for direct or indirect damage, losses or costs resulting from the inability to use the software.

• Yoplanning cannot be held responsible for loss of data, service interruptions, or any other damage caused by such interruptions.

3. Notification and assistance: In the event of an incident affecting the availability of the software, Vakario undertakes to inform users as soon as possible and to provide all reasonable assistance to minimize the impacts.

4. Specific Exclusions: The above provisions do not limit users' rights arising from applicable consumer protection law.

Liability in the event of a computer attack or network malfunction and protection of personal data

1. Security and protection measures: Yoplanning undertakes to implement all appropriate technical and organizational measures to ensure the security of personal data and the availability of its software. This includes preventing computer attacks (cyberattacks) and managing network malfunctions.

2. Limitation of liability: In the event of a computer attack, network malfunction, virus, or any other unforeseen interruption preventing access to the software, Yoplanning cannot be held responsible for direct or indirect damage, losses or costs resulting from the inability to use the software.

3. Notification of incidents: In the event of an incident affecting the security or availability of the software, Yoplanning undertakes to inform users as soon as possible and to provide all reasonable assistance to minimize the impacts. Any personal data breach will be notified to the Data Protection Officer (DPO) and, where applicable, to the competent authorities in accordance with the GDPR.

4. Data Protection Officer (DPO): Yoplanning has appointed a Data Protection Officer, Frédéric Alcaraz, reachable by email at [e-mail], to supervise compliance with the GDPR and respond to users' questions regarding data protection.

5. Access to the subcontracting contract: Users can access the complete details of the subcontracting contract between the Vakario company and the application user directly in the Yoplanning application, at the settings level of the “team”. The term “team” defines all structures using Yoplanning in the broad sense.

6. GDPR Compliance: Yoplanning complies with all applicable European Union directives and regulations governing the use and processing of personal data, including the GDPR. The conditions for processing personal data by Yoplanning and its subcontractors are detailed in the contract accessible via the application.

Using Google Data for Google Calendar

Yoplanning accesses and uses certain user data from your Google account when you connect your Google account to link your Google calendar to Yoplanning.

How we access Google user data

When you link a Google Calendar to our app, you give us permission to write events to that calendar. This includes, but is not limited to, calendar event names, event descriptions, event locations, event attachment URLs, event start and end times, time zone information and the possible repetition of an event. We don't read the primary email address for your Google account.

How we use Google user data

We use data from your selected Google calendar to write information from your Yoplaning schedule to your selected Google calendar. Yoplanning only displays data in the selected Google calendar and does not share this information publicly.

How we store Google user data

We store certain OAuth token information that allows us to continually retrieve updates from Google to keep your calendar information up to date. We do not store email addresses for connected Google accounts. We do not store Google Calendar events that you choose to sync with our app.

Cookies

To ensure the proper functioning of the Yoplanning application, we use cookies. These files stored on your device are used to facilitate your access to the services we offer and to improve your user experience by remembering the elements used in the application.

Use of cookies:

• The cookies used by Yoplanning are essential for the proper functioning of the application. They allow, for example, to keep your session settings and offer you smooth navigation.

• Cookies do not contain any data that can identify you personally.

No marketing use:

• The cookies used by Yoplanning will under no circumstances be used for marketing purposes.

• Your data will never be sold to organizations outside Vakario.

Cookie management:

• You can configure your browser to refuse cookies or to inform you of their use, but this could affect the optimal functioning of the Yoplanning application.

For more information on managing cookies and to configure your browser, please consult the instructions provided by your web browser.

Use of information relating to navigation for statistical purposes

When you access the website, the servers visited automatically collect the following data:

• the IP address assigned to you when you connect, the date and time of access to the site

• pages viewed

• the type of browser used

• the platform and/or operating system installed on the PC

• The search engine as well as the keywords used to find the site

This information is only kept for the sole purpose of measuring the number of visitors to the different sections of the site and making improvements.

Rights to use the Software

The Software use license allows the Customer to use the Software in accordance with its intended purpose and the conditions of the contract.

VAKARIO grants to the Client, who accepts, a right of access to the services and functionalities of the Software via the user interfaces and APIs provided by VAKARIO, for the purposes of using the Software under the conditions defined below.

The Client undertakes to:

• Implement reasonable and appropriate control systems to avoid any illicit use of the Software or any use contrary to the stipulations of the Contract, and to justify this upon first request.

• Inform VAKARIO immediately of any illicit use or attempted illicit use of the Software.

The Contract does not transfer any ownership rights over the data to the benefit of the user, whose rights are limited to those defined herein. Users retain ownership of their data while granting VAKARIO the rights necessary to provide the service.

The elements accessible on the VAKARIO website and servers, such as the Software, any databases, site pages, texts, photographs, images, icons, sounds, videos, and, more generally, all information made available to the user within the framework of the Contract, as well as the brands and signs of VAKARIO, remain the full and complete property of VAKARIO.

The Customer undertakes to use the data only for its own needs.

Apart from the rights granted in this article above and without prejudice thereto, the Customer is not authorized, in particular, to:

• Copy, print, transfer, transmit or display all or part of the Software outside of the normal use permitted by the interfaces provided.

• Sell, rent, sublicense or otherwise distribute the Software.

• Use the Software to provide data processing, service bureau, time sharing or other similar services to any other individual, company or entity.

• Adapt, develop, modify the Software and/or merge all or part of the Software into other computer programs.

• Carry out or have carried out the correction of a possible anomaly or error, without the prior written authorization of VAKARIO.

• Compile, decompile, disassemble, translate, analyze, reverse engineer or attempt to do so, except under the conditions and limits strictly defined by law.

• Remove or modify any trademark, property and/or copyright notices that VAKARIO may have affixed to the programs, materials or documentation.

The Customer agrees not to use the Software to infringe the intellectual property rights of VAKARIO or a third party in any way. The unauthorized reproduction, distribution, modification, public exhibition, communication to the public or public representation of works protected by intellectual property rights constitutes an infringement. The Customer is entirely responsible for its conduct and is responsible for ensuring that it complies with all applicable laws. In the event of an infringement of intellectual property rights or data protection and confidentiality laws, the Customer is exposed to legal action and civil and criminal sanctions.

User Obligations

Suitability of the Software to its needs and knowledge of the Software

The Customer acknowledges having received from VAKARIO all information allowing him to know the Software in question and to assess the appropriateness of its use. He has, in fact, ensured, before his choice, that the adequacy between his needs and the functionalities of the Software was sufficient in view of his requirements.

It is the Customer's responsibility to ensure that its organization, procedures, material and human resources are adapted to the requirements resulting from the use of the Software and, if not, to take all useful measures to meet this objective. and seek, if necessary, advice or assistance from VAKARIO.

The Software designed and developed by VAKARIO is a management support tool.

It is expressly recalled that the management decision which will be taken by the Client rests exclusively with him. The Client acquires and retains ownership of the elements and content it creates using the Software.

User's computer environment and system

To access VAKARIO servers, for the purposes of using the Software, the Client must have an Internet connection. All costs incurred for the user's computer equipment and Internet connection remain their sole responsibility.

Obligations of VAKARIO

VAKARIO undertakes to implement the necessary means to give the Client access to the Software.

VAKARIO reserves the right, particularly for update and maintenance operations or in the event of an emergency, to suspend access to its servers.

In particular, VAKARIO cannot assume any responsibility for the suitability of the Software to the user's needs, which is up to the user's discretion.

Data processing, hosting and backup

1. Data Ownership: The data that the Client integrates into the Software is and will remain the property of the user. VAKARIO provides processing and hosting.

2. Use of data: The data may only be used by VAKARIO for the purpose of allowing the Client to use the Software and offer related services. VAKARIO is firmly committed not to communicate information that could compete with our client's activity.

3. Customer Responsibility: The Customer must ensure that all useful backup operations have been carried out and, failing that, carry them out, prior to any communication of their data, to prevent any risk of loss, alteration or destruction of Customer data.

4. Backup by VAKARIO: VAKARIO undertakes to back up user data at the following frequency:

• Every 24 hours for the main system.

• Each time the files for the secondary system are modified.

5. Restoration time: The time for restoration of user data by VAKARIO cannot be greater than 72 hours in the event of possible server failure, or 24 hours in the event of an express request from the user.

6. Limitation of liability: In the event of loss of this data, VAKARIO cannot be held responsible in accordance with the provisions of article 18 hereof.

Eviction guarantee

VAKARIO guarantees to the Client that it holds all the rights allowing it to conclude the Contract.

As such, VAKARIO declares that it is the owner of all intellectual property rights relating to the Software.

VAKARIO guarantees in particular:

• That the Software does not constitute an infringement of a pre-existing work

• That he has respected and will respect the intellectual property rights of third parties, in particular copyright, rights to designs and models, patents and trademarks.

SaaS subscription pricing and online transaction fees

1. Access to rates: All SaaS subscription rates and online transaction fees are accessible at the following URL: https://www.yoplanning.com/rate.

2. Modification of prices: VAKARIO reserves the right to modify SaaS subscription prices and online transaction fees without notice. Prices may also vary from country to country.

3. Online transaction fees:

• Online transaction fees apply to orders and payments made via the Booking Module or payment links.

• Bank fees (VISA, MASTERCARD, AMEX credit card fees, etc.) are not included in the transaction fees and remain the responsibility of the customer depending on the payment platform connected to their account.

• Each user who accepts the Yoplanning conditions of use and who activates online sales agrees to pay the transaction fees related to the reservation and online payment. As a reminder, online reservation and payment are intended for professionals and are not available for individuals.

Fraud Prevention

Yoplanning allows transactions to be carried out simply and securely by integrating online payment platforms such as Stripe or any other service provider installed at the customer's request. Responsibility for preventing transaction fraud rests entirely with the designated payment providers.

Each user must refer to the general conditions and the security system put in place by the payment provider used to manage and secure their transactions. Yoplanning cannot be held responsible for fraud or disputes linked to transactions carried out via these service providers.

For more information on fraud prevention measures, please visit the information pages of payment providers, including Stripe.

Payment dispute or dispute

We speak of a payment dispute or chargeback when a customer asks their card issuer to cancel a bill, for example, if they cannot identify it or if they feel wronged about the quality of goods or services provided. In this case Yoplanning disclaims all liability whatever the outcome of the dispute.

On the other hand, Yoplanning provides supporting documents for the transaction online and helps the customer respond to the dispute. Be sure to keep all supporting documents, all written or electronic correspondence with your customers, as well as all documents relating to your sales, including contracts, invoices, liability releases, etc. This helps speed up the process in the event of a dispute. For more information, please visit the Stripe page: https://support.stripe.com/topics/disputes-and-fraud If the dispute is lost, the user must rebalance their Stripe account within 60 days. follow. That is to say that the next transactions carried out on the account will be used to cover the negative balance. In the event that this is not respected or that there are not enough transactions to balance the account, the VAKARIO company reserves the right to invoice its client.

Application fees

There is a cost for each fraud file which is the responsibility of the client. However, if the dispute is resolved in the customer's favor, these processing fees are refunded.

North America application fee: $50 Europe application fee: €50

Obligations and Responsibilities specific to the Reservation Module Service

The Reservation Module Service

The Reservation Module Service allows the User to insert on their website(s) an online sales module for their activities and/or services. VAKARIO offers the configuration and generation of a code to be inserted into the User's website(s) in order to enable, via this module, the online sale of the User's products, activities and/or services. Said module is then connected to a secure payment system (Stripe secure payment). VAKARIO, acting only as a technical intermediary, the General Conditions of Sale and General Conditions of Use of Stripe therefore apply to the User and consequently VAKARIO disclaims all liability in the event of problems which could appear which would be linked directly or indirectly to payment on the Stripe interface) as well as to Yoplanning. The entire part called "online store", namely the navigation, presentation and choice of products, activities and/or services on sale, registration, or even payment (non-exhaustive list) is then done within said Module . The User, depending on the offer subscribed, may be subject to a monthly subscription under the conditions described on the yoplanning.com website in the rates section. When a sale or payment for a quote is made via the User's reservation module(s), said User undertakes and undertakes, in addition to any subscription, to pay VAKARIO a commission of an amount equivalent to that indicated on the online sales activation page, for each sale made through its Reservation Module(s). The said sum will be paid monthly by direct debit to VAKARIO's bank account.

Distribution of the Reservation Module to its partners

The User will have the possibility of communicating the Reservation Module to its various commercial partners in order to obtain a new sales relay. When a sale or the payment of a quote is made by one of the commercial partners of the User who has installed the Reservation Module transmitted by the latter on one or more of its websites, the said User undertakes and undertakes, in addition to the subscription, to pay VAKARIO a commission of an amount equivalent to that indicated on the online sales activation page, for

each sale made via the site(s) of its commercial partner. The said sum will be automatically deducted monthly, for the benefit of VAKARIO's bank account.

Become a ResaOne Partner

Any user can become a ResaOne Partner and use the Availability Centralization Service free of charge to offer the activities and/or services of other users for sale on their own website. Said ResaOne Partners are owners of website(s) wishing to disseminate activity offers and/or services from other users (for example: travel agencies, tour operators, specialized sites, users of ResaOne Services – list not limited). This service is intended for the tourism industry to facilitate the dissemination of activities to all OTAs (Online Travel Agencies).

Access and Configuration:

• By default, customers will be available on this platform unless otherwise noted.

• Prices will be increased by 15% by default, unless otherwise stated by the customer, to allow remuneration equal to the public price indicated by the service provider.

• The commission negotiated for any type of transaction with the service provider will also apply to ResaOne transactions.

Use of the Service:

• The partner can configure the ResaOne Service to choose the type of activity it wishes to offer on its website(s) and insert the generated code into its website(s).

• The ResaOne Partner making a sale via the ResaOne Service will receive a commission at the rate initially set by the user when configuring the Service, subtracted from the commission owed to ResaOne.

Commission Sharing:

• For example, a user granting a commission rate of 15% will see 10% of the total amount including tax paid to the ResaOne Partner, and the remaining 5% granted to ResaOne.

Dissemination of Information:

• Users choosing multichannel distribution of their activities and/or services expressly consent to the information and data relating to their activities and/or services being distributed and accessible by ResaOne Partners or by the commercial partner chosen by the latter, in the aim of promoting and selling said activities and/or services of the user.

• All information inserted in the reservation modules accessible on the websites of ResaOne Partners is information and data that the user has expressly agreed to disseminate for the exclusive purpose of promoting and selling its activities and/or services.

Responsibility :

• The user is solely responsible for his offers to the end customer, particularly in the event of a problem, cancellation, incident or complications that may arise.

• The ResaOne Partner, acting only as an intermediary and disseminating on its website(s) the activities and/or services of a user who has chosen multi-channel distribution of said activities and/or services, as well as ResaOne, cannot be held responsible and will be released from any liability in this regard.

Annex Resaone

Mandate Contract BETWEEN

The administrator user of the team created as part of the use of Yoplanning, hereinafter referred to as: the “Principal”,

AND

The VAKARIO Company, registered in the Chambéry Trade Register (fr), under number 49333731500060, having its head office at 245 rue du Marais, F-73190 Challes-les-Eaux, France, and represented by David Grandadam as president ,

Hereinafter referred to as: the “Agent”,

On the other hand,

This contract is established within the framework of Yoplanning's conditions of use, stipulating that the administrator user of the user team is, by default, considered to be the Principal, unless otherwise notified by the latter.

The Principal markets its activities and services directly to consumers who are individuals who go to the locations of the activities offered, or remotely, via the Internet using the Yoplanning software for which the Principal has acquired a right of use from the Representative.

In order to optimize its sales, the Principal wishes to entrust the Agent with the promotion of the service offers it markets.

Indeed, the Agent, through his activity, has a good knowledge of online travel agencies known as OTA (Online Travel Agency) allowing him to propose the Principal's service offers to these agencies.

The following was agreed and decided:

ARTICLE 1 - Purpose of the Contract

The purpose of this Contract is to determine the conditions under which the company VAKARIO acts as agent in the context of the sale of Services, in the name and on behalf of the Principal in compliance with articles 1984 et seq. of the Civil Code.

The notion of Services means all services in the field of activities, particularly tourism and/or sporting and/or leisure activities, offered for sale by the Principal to its customers, in particular via its website.

The Principal hereby entrusts the Agent, who accepts, with the mission of offering the Services for sale as part of the global offers proposed by the OTAs. Thus, the Principal expressly authorizes the Agent to use the services of sub-agents such as OTAs to market the Services to end customers. The notion of End Customers means any individual customer acting as a consumer, wishing to subscribe to an offer of Services marketed by the Principal.

ARTICLE 2 - Obligations of the Agent

2-1. Instructions from the Principal

The Principal mandates the Agent to propose in the name and on behalf of the Principal to OTAs to market the Services to End Customers. The Principal authorizes the Agent, to ensure the execution of its mandate, to conclude sub-mandates for the sale of the Services, in particular with OTAs and thus to offer the Services via different websites.

The Principal will thus allow the Agent to have access to the products and availability of the Principal in order to know in real time the Principal's available slots for the execution of the Services sold. This access is intended to allow the Principal to transmit data, essential to the processing of orders for Services to end customers directly to the OTAs, with full knowledge of the Principal's availability.

The Agent undertakes to strictly apply the instructions and instructions of the Principal, for the execution of the missions entrusted to it by the latter under this Contract.

The Agent undertakes, in this respect, to strictly apply the pricing conditions of the Principal, as indicated on the latter's Yoplanning account. The Agent is prohibited from making discounts, rebates or rebates without the prior consent of the Principal through their Yoplanning account.

2-2. Execution of services

The Agent will make all necessary efforts to ensure, to the best of its ability, the representation of the Principal and carry out the missions and operations entrusted to it hereunder.

It undertakes to allocate the necessary personnel in terms of number, qualification and professional quality to the execution of these services.

The Agent will incur, on behalf of the Principal, all costs and expenses necessary for the exercise of its mission and the execution of the operations covered by this Contract, which will be reimbursed to it, upon presentation of supporting documents by the Principal, upon receipt. by the latter of the related summary statement. Costs and expenses incurred by the Principal beyond this limit must receive the prior written consent of the Principal.

The Agent will transmit to the Principal automatically through the Yoplanning software all orders for Services recorded by the OTAs. The transmission of information via the Yoplanning Software allows the Principal to have a list of operations carried out in his name and on his behalf and a summary statement of orders placed.

The Agent will ensure, in the name and on behalf of the Principal, the invoicing of the OTAs (which will manage the invoicing of End Customers), for all orders concluded through it and will ensure collection according to the terms provided by the Agent and appearing in the instructions communicated to the latter.

ARTICLE 3 – Mandator’s Obligations

3-1. Information from the Agent

The Principal undertakes to provide the Agent with all assistance, all documentation and all information reasonably necessary to enable it to perform, under good conditions, the services and missions defined herein.

To this end, the Principal will authorize the Agent to access its Yoplanning account and to use the information necessary for its mission consisting of offering the Principal's Service offers for sale to OTAs.

3-2. Fulfillment of Services orders

The Principal undertakes to perform the services covered by its Services in compliance with the conditions of performance which it will have transmitted to the Agent and which the latter will have passed on to the OTAs and End Customers.

The Principal undertakes to assign to the execution of its services the necessary personnel in number and sufficiently professionally qualified (diplomas and/or recognized training) and declares to have carried out all the checks attesting to the authorization of its personnel to provide the Services promoted by the Agent.

With regard to the Agent, the Principal will be solely responsible for any consequences arising for a Final Customer and/or any third party whatsoever from the execution of a Service contract and/or any non-compliance. of the conditions hereof and the consequences resulting from this non-compliance.

Article 4 – Financial Conditions and Payment Deadline

1. Financial Conditions: The Principal mandates the Agent who accepts it, to invoice and collect in his name and on his behalf the amount of orders for Services from OTAs (Online Travel Agencies) which will have the same rights invoicing and collection of End Customers in the name and on behalf of the Principal. The applicable financial conditions are those defined in Yoplanning. The Principal can view the orders placed to him via the Yoplanning platform.

In remuneration for its services, the Agent will receive a proportional remuneration, the amount of which is determined by negotiating the percentage of classic commissions for the service provided by Yoplanning, calculated on the amount of orders for Services placed by End Customers and invoiced by the Agent in within the framework of global offers marketed by OTAs. The Agent will invoice the amount of its commission in compliance with applicable legal and regulatory texts. The Agent will then deduct directly, before payment to the Principal of the sums collected on its behalf, the amount of commissions due to it in application of the orders placed by the End Customers and invoiced by the Agent in the name and on behalf of the Principal. The Agent's commissions will thus be paid by compensation, which the Principal acknowledges and accepts.

2. Payment Deadline: Payment for services will always take place after they have been carried out. The Principal has a maximum period of 30 days from the date of completion of the service to make payment. In the event of late payment, penalties may be applied in accordance with current legislation.

Article 5 - Duration of the Contract

This Agreement is incorporated into the general conditions of use of Yoplanning and takes effect on the date of the first use of the service by the Principal. The Contract remains valid as long as the Principal uses Yoplanning.

The Principal may, at any time, refuse the use of his data by the Agent by specifying it product by product in the Yoplanning application. However, the Principal remains required to honor the services sold before this mention.

Notwithstanding the above provisions, in the event of failure or fault of one party in the performance of one of its essential obligations, the other party may terminate the Contract automatically and without legal formality, after notice. in default sent by registered letter with acknowledgment of receipt which remains unsuccessful for a period of thirty days.

ARTICLE 6 - Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

The execution of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of twenty days. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds a duration of twenty days, these agreements will be purely and simply terminated due to force majeure.

During this suspension, the Parties agree that the costs generated by the situation will be shared in half.

ARTICLE 7 - Assignment and transmission of the contract

Each Party may assign or transfer, in any way whatsoever (and in particular in the form of assignment or rental management of its business, contribution to the Company or, where applicable, transfer of securities or change of control) the resulting rights and obligations.

ARTICLE 8 - Confidentiality

The Parties undertake as a confidentiality clause, for the entire duration of this contract and for a period of 2 years after the expiration of this contract, for whatever reasons, to the most total confidentiality, by prohibiting the disclosure, directly or indirectly, of any information, knowledge or know-how whatsoever concerning their co-contractor and their operating methods, to which they could have had access in the context of the execution of this contract, unless said information , knowledge or know-how has fallen into the public domain or their disclosure is made necessary by virtue of a specific regulation or an administrative or judicial injunction.

ARTICLE 9 - Nullity and independence of clauses

The possible annulment of one or more clauses of this agreement by a court decision by an arbitration award by mutual agreement between the Parties cannot affect its other stipulations which will continue to produce their full and complete effect provided that the general economy of the convention can be safeguarded.

In the event that the execution of one or more of the clauses of this agreement is made impossible due to its cancellation, the Parties will attempt to come together in order to establish a new clause whose spirit and letter will be as close as possible. as possible from the old clause, the other stipulations of the agreement remaining in force.

Failing this or if the general structure of the agreement proves to be fundamentally disrupted, the Parties could, by mutual agreement formalized in writing, note the cancellation of this agreement in its entirety.

The contract concluded between the Parties for the granting of a right to use the Yoplanning software for the benefit of the Principal being essential to the operational implementation of this mandate, it is agreed between the Parties that the termination of said software license contract Yoplanning will result in the automatic and immediate termination of this Mandate contract.

However, the Parties agree that the termination of this mandate contract will have no consequences on the validity of the Yoplanning software license contract concluded between the Parties.

ARTICLE 10 - Language of the contract - Applicable law

By express agreement between the Parties, this contract is governed and subject to French law.

It is written in French. In the event that it is translated into one or more languages, only the French text will be authentic in the event of a dispute.

ARTICLE 11 - Disputes

All disputes to which this contract and the agreements resulting from it could give rise, concerning their validity, their interpretation, their execution, their resolution, their consequences and their consequences will be submitted to the court of CHAMBERY.

ARTICLE 12 - Election of domicile

For the purposes hereof, the parties elect domicile at the addresses indicated in the header of this Agreement and in the settings of the Yoplanning user's team.

Any modification must be notified by registered letter with acknowledgment of receipt to the other party, in order to be enforceable against it.