General Terms and Conditions of Sale and Use

BackResto company ("BackResto") publishes and operates a solution (the "Solution") through which it offers businesses ("Customers") and their employees ("Users"):

• HACCP regulatory monitoring;
• storage of HACCP-related data.

Hereinafter collectively referred to as the "Services".

The Solution is accessible to its users in "Software as a Service" (SaaS) mode on the website app.backresto.com.

These general terms and conditions define the terms and conditions of use of the Solution and Services, as well as the rights and obligations of the parties in this context (the "General Terms and Conditions").

They are accessible and printable at any time via a direct link at the bottom of the backresto.com website.

They may be supplemented, where applicable, by specific conditions of use for certain Services, which supplement these general terms and conditions and, in case of contradiction, prevail over them.

This service is reserved for professionals. Unless the software is made available by a BackResto company partner, registration is made directly on the website www.app.backresto.com or via applications available on mobile stores (PlayStore or Apple Store) by means of a form filled out by the customer. This registration entails full and complete acceptance of these general terms of use.

It is the customer's responsibility to provide accurate and truthful information and to notify BackResto company of any notable change in workforce, particularly when this criterion determines the service price. When the provision is made by a BackResto company partner, the partner guarantees compliance with these general terms of use by all users concerned.

Access to the digital Solution requires a computer, smartphone, or tablet with a stable internet connection and a browser updated to the latest major version (Google Chrome, Mozilla Firefox, Safari, or Internet Explorer).

Unless the Solution is made available through a BackResto company partner, the customer accesses the service using a personal identifier and code. They may, under their own responsibility, share this identifier and code with members of their company, it being specified that these persons will have access to and be able to modify all data recorded under this identifier.

3.1 Access to the service

BackResto company guarantees the customer access to the software 24 hours a day, 7 days a week, except for the time necessary for maintenance operations for updating, improving, or backing up the software when these operations require service suspension. In case of suspension, BackResto company undertakes to provide without delay, upon simple request, a copy of any data recorded by the customer that they may need.

3.2 Content quality

BackResto company makes every effort to ensure that the information and templates in the software comply with applicable regulations on the day of download. However, it is recalled that BackResto company is not a hygiene consulting firm and its service is limited to providing HACCP regulatory monitoring software. As a professional, the customer is solely responsible for assessing the compliance and adequacy of data entered in the software. BackResto company cannot be held liable for any indirect or intangible, financial, or commercial damage, of any kind, that the customer may suffer, if applicable, from the use of any data in the software.

3.3 Data preservation and confidentiality

BackResto company implements appropriate means to ensure the protection and confidentiality of the collection, storage, and processing of customer data and documents. This obligation of means includes, in particular, the storage of customer data on certified infrastructures, access processing via personal identifiers and codes, and data transfer through secure protocols.

The customer has a trial period of two (2) months during which they have access to all the features of the solution as if they had a subscription. At the end of this trial period, if the customer has not subscribed, they lose access to use of the solution but can request to recover their data by sending a request by email to contact@backresto.com.

The Customer is free to choose between two options:

The no-commitment option. In this case, the Services are subscribed as a subscription ("the Subscription"). The Subscription begins on the day of subscription for an initial period of 1 (one) month. It is tacitly renewed for successive periods of the same duration as the initial period (with the initial period, the "Periods"), from date to date, unless the Subscription is terminated by the Customer 1 (one) day before the end of the current period by email to contact@backresto.com.

Without prejudice to other termination methods provided for in the contract, it may be terminated by the Customer, without having to justify a reason, by email.

The commitment option. In this case, the Services are subscribed as a subscription ("the Subscription"). The Subscription begins on the day of subscription for an initial period of 1 (one) year. It is tacitly renewed for successive periods of the same duration as the initial period (with the initial period, the "Periods"), from date to date, unless the Subscription is terminated by the Customer 1 (one) day before the end of the current period by email.

Unless terminated under the conditions of Article 16 "Termination", the subscription will be successively renewed (Article 1214 [new] Civil Code), with identical content, for a firm period according to the subscription chosen by the customer.

6.1. Price

In return for the license to use the Solution and Services provided herein, the Customer undertakes to pay BackResto the price indicated at the time of subscription.

It is expressed in Euros, excluding French taxes (the "Price").

The Price will depend on the subscription option chosen:

• €14.90 excl. VAT per month for a no-commitment subscription
• €12.90 excl. VAT per month for an annual commitment subscription

Any Period started is due in full, no refund will be granted.

BackResto reserves the right, at its sole discretion and according to terms of which it will be the sole judge, to offer promotional offers or price reductions.

6.2 Invoicing and payment methods

The prices and fees referred to above are subject to monthly invoices if the Customer has subscribed to the no-commitment offer and annual invoices if the Customer has subscribed to the commitment offer.

The Customer can access their invoices via the backresto.com/subscription website.

Unless otherwise agreed between the parties, payment by the Customer of the Subscription will be made, at the Customer's choice, by debit from the bank card or bank account indicated at the time of subscription. Each automatic debit will be made on the invoice issue date.

The debit is implemented by BackResto's payment service provider, which alone retains the Customer's bank details for this purpose. BackResto does not retain any bank details.

The Customer acknowledges and expressly accepts that BackResto reserves the right to send invoices in electronic format (PDF) to the email address indicated by the Customer as the contact address.

The Customer undertakes to take the necessary measures so that the automatic debit of the subscription price can be made.

6.3 Late and default payments

The Customer is informed and expressly accepts that any late payment of all or part of an amount due to BackResto at its due date will automatically result, from the day following the payment date shown on the invoice:

• The forfeiture of all amounts due by the Customer and their immediate exigibility, regardless of the payment terms that had been provided;
• The immediate suspension of Services and access to the Solution until full payment of all amounts due;
• The invoicing in favor of BackResto of late payment interest, due by the sole fact of the contractual due date, at a rate of 3 (three) times the legal interest rate, based on the amount of the claim not settled at maturity and a lump-sum indemnity of 40 (forty) euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are higher than this amount.

The contract between the customer and BackResto company is concluded intuitu personae. The customer's rights arising from the contract cannot be assigned, sublicensed, sold, or otherwise transferred by the customer, except with the prior written consent of BackResto company.

8.1 By the customer

The Customer may terminate their subscription at any time and will continue to have access to the service until the end of their billing period. Payments are non-refundable and we do not grant any refund or credit for partial use periods, or for any unused BackResto content. To terminate your subscription, contact us by email at contact@backresto.com. The company undertakes to delete the customer's account data from its servers at the end of a 60-day period. It is up to the customer to recover during this time the data and documents they wish to keep.

8.2 By BackResto company

BackResto may terminate the contract at any time, without notice or compensation, if the customer uses the service for illicit or illegal purposes or if they interfere with the proper functioning of the service or the rights of BackResto company, in particular its intellectual property rights. BackResto company may also terminate the contract at any time without compensation if the customer's account is suspended for non-payment for 3 months. Termination results in the permanent deletion of all information, procedures, and documents stored on the customer's account.

The Customer acknowledges and accepts that personal data within the meaning of the General Data Protection Regulation ((EU) 2016/679 "GDPR") may be collected, stored, exploited, and used to enable the use and improvement of the Solution, as well as for commercial and communication purposes.

In accordance with the GDPR and Law No. 78-17 of January 6, 1978, known as the "Data Protection Act", the Customer is responsible for their own legal declarations to their social partners and to the CNIL or similar national bodies in countries other than France.

10.1 – BackResto's intellectual property rights

BackResto holds intellectual property rights to the Website, the Application, and the Solution as a whole, as well as to the "BackResto" trademark.

BackResto is also the holder of intellectual property rights and in particular database producer rights, within the meaning of Articles L.341-1 et seq. of the Intellectual Property Code, on the Shared Database. The Customer acknowledges that BackResto is free to exploit all or part of the Shared Database, in particular by way of assignment or licensing of rights to any third party, free of charge or for payment and, as necessary, declares to authorize such exploitation, for all purposes.

BackResto reserves the right to correct any anomalies in the Application.

The Customer agrees not to infringe in any way the intellectual property rights of BackResto on all or part of the Website, the Application, the Solution, the Shared Database, or the "BackResto" trademark. The Customer thus undertakes in particular to use it only for the needs of their professional activity, not to remove any mention concerning trademarks or other signs and property mentions, to take all useful measures so that third parties sharing their premises cannot benefit from the right to use the Solution, to refrain from directly or indirectly making available to third parties all or part of the Solution, for any reason, in any form (in particular by "hosted application provision" mode, rental, loan, shared use) and for any reason, free of charge or for payment, except with prior, express, and written authorization from BackResto. The Customer expressly guarantees compliance with these provisions by Users and other members of their staff. Any breach by the Customer of these obligations will allow BackResto to terminate the Contract immediately and as of right, by simple notification by registered letter with acknowledgment of receipt, without prejudice to any damages and interest.

The Customer acknowledges that BackResto reserves the right to integrate into the Application a security mechanism (such as a locking system and/or an authorization key) in order to ensure that the Customer complies with the terms of the Contract. Such a security mechanism is intended to record data relating to the use of the Application at any time and with or without notification, which the Customer expressly authorizes, while undertaking not to interfere with the proper functioning of such security mechanisms.

10.2 – Grant of a right to use the Application and Shared Database to the Customer

BackResto grants the Customer, in return for payment of the Subscription, a simple non-exclusive, personal, and non-transferable right to use the Application and the Shared Database to enable them to implement the Solution exclusively on the Site(s) agreed within the limits defined in the Contract.

The grant of usage rights is limited to the duration provided for in the Contract.

The Customer expressly acknowledges that the Contract does not transfer any ownership rights to the Application and agrees not to make any error corrections, modifications, adaptations, or translations of the Application, nor, more broadly, to modify, decompress, distribute, license, or exploit in any way all or part of the Solution as well as any element attached to it.

The Customer also declares to be the legitimate holder of all intellectual property rights relating to the elements they may be required to make available to BackResto, in particular in the Application or the Shared Database, and grants BackResto a right to use these elements for their exploitation in the context of marketing the Solution, worldwide and for the duration of the rights concerned. Failing this, and in the event of third-party claims, they will deal with it personally and alone bear the consequences of such claims, thus guaranteeing BackResto against any recourse, provided that the fault is not attributable to BackResto.

The Customer expressly authorizes BackResto to use their name, brand, logo, and website references as commercial references, on any medium and in any form, during the term of this contract and a period of 1 (one) year at the end thereof.

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.

13.1 Legal proceedings

These general terms and conditions of sale and use are subject to French law. In the event of a dispute, the parties will endeavor to settle their dispute amicably. If no amicable solution can be found, the dispute will be brought exclusively before the courts of Paris.

13.2 Complaints

Complaints must be sent by email to the following address contact@backresto.com. BackResto company undertakes to respond within a maximum of 10 business days from receipt of the email.