Current version (from 15/01/2025)

Please find the terms and conditions here

(English) : Terms and conditions
(French): Conditions générales de ventes

Versión actual (a partir del 20/02/2024)

Please find the terms and conditions here
(English) : Terms and conditions
(French): Conditions générales de ventes

Versiones anteriores (antes del 20/02/2024)

Aquí encontrará las condiciones:Terms and conditions

General Terms & Conditions iMapper (read below)

By placing an order on the Company Website; the User acknowledges and accepts these General Terms and Conditions (hereinafter “the Conditions”) applicable to the Website and to the subscription of the Services.

By placing an order on the Company Website; the User acknowledges and accepts these General Terms and Conditions (hereinafter "the Conditions") applicable to the Website and to the subscription of the Services.

PREAMBULE

The Conditions shall apply between AMAMI, limited liability company registered in the Nanterre trade and company register under number 883642555, having its registered office at 21 rue jean rostand, 91400 Orsay, (hereinafter "the Company"), and any individual or legal entity acting in a professional capacity, within the meaning of the French Consumer Code, using the Company's Website and subscribing to the Company Services accessible at the address https://imapper.tech.

1. DEFINITION

Account: designates the set of personal data related to a Client, including but not limited to his Logins, which are necessary to access the Platform. The Client benefits from an Account on the Platform for him/his organization. Several iMappers can be associated with this Account.

Client: designates Users acting in a business-related capacity and having the legal ability to enter into a contract in the name and on behalf of their organization who consents to a subscription to access the Platform and iMapper.

Contents: designates all the information, data, image collected by the Client with the iMapper and more broadly all the contents uploaded on the Platform by the Client. The Contents can be used by Clients to make plans.

iMapper: designates a stand-alone measuring tool that allows spaces to be scanned in order to draw up plans. The iMapper is not a metrological tool. It simply provides the Client with indicative measurements.

Platform: designates the platform on which the Client can upload the Contents for the duration of the Subscription. It allows the Client to access the Contents, work on it and export it in different formats during the Subscription period.

Order/Order form: designates the contractual document, accepted by the Client, that details the Services to be provided by the Company.

Party/Parties: designates collectively or individually the Company, the User and the Client.

Logins: designates the name, surname, email address, password or confidential code chosen by the Client allowing him to access the Platform through his Account.

Service(s): designates all of the Company's services detailed on the Company commercial documentation and at the article 4 of these Conditions.

Subscriptions: designates the subscriptions offered by the Company, enabling Client to access the Platform to load Content and/or use an iMapper.

User: designates a physical person over the age of majority or a moral person, Client or not, who access and use the Website.

Website/Site: designates the Company website accessible from the link https://imapper.tech/ or any other service operated by the Company including all the Services provided by the Company.

2. OBJECT AND OPPOSABILITY

The Company and the User expressly agree that the Conditions are drawn up in English. The User certifies that he/she fully understands the terms of the English language and therefore of these Conditions. The User expressly waives any claim or action in respect of the drafting of these Conditions in English.

In accordance with Article L. 446-1 of the French Commercial Code, these Conditions constitute the sole basis for commercial negotiations between the Parties and are systematically brought to the User's attention to enable him to make an order.

If the User places an order with the Company, the Conditions will be supplemented by an Order form. In the event of a contradiction between the Conditions and the Order form, the latter will prevail.

The present Conditions, and the Order form, apply automatically to all Services proposed by the Company.

These Conditions are made available to all Users on the Website.

The User is invited to read these Conditions before making an order and use the Website.

Any utilization of the Website and order placement implies unreserved adherence to these Conditions, which prevail over all other conditions, unless otherwise agreed by the Parties. In this sense, as soon as the Client places an order on the Website, the Client is deemed to accept the Conditions without restriction or reservation.

The present Conditions may be supplemented by special terms and conditions negotiated between the Parties for some Services. The said special conditions are intended to derogate from the Conditions and to apply to all Users covered by them. In the event of contradiction between the Conditions and any special conditions of sale, the latter shall prevail.

The purpose of these Conditions is to define the rights and obligations of the Parties in the context of all Orders made by the Client and the utilization of the Website by the User.

2 BIS. SMS NOTIFICATIONS (WEBINARS & EVENTS)

If the User registers for an iMapper webinar or online event (including via a third-party registration page such as Calendly), the User may receive transactional SMS notifications related to that event, including reminders and important event updates.

Opt-in: Consent is collected at the time of registration. By completing the webinar registration form and checking the mandatory SMS consent checkbox, the User explicitly agrees to receive SMS notifications from iMapper related to the registered event. The checkbox is not pre-selected. No SMS messages are sent to users who do not explicitly check this box. Consent to receive SMS is not a condition of purchase.

Message frequency: Message frequency may vary depending on the event schedule. Users may receive up to 5 SMS messages per registered event, including registration confirmation, event reminders, and event updates.

Costs: Message and data rates may apply.

Opt-out: The User may opt out at any time by replying STOP to any message. Upon receipt of STOP, no further messages will be sent from iMapper to that number.

Help: For assistance, reply HELP to any message or contact hello@imapper.tech.

No third-party sharing: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes at any time. Mobile opt-in data and consent will not be sold, rented, or shared.

Language: Messages may be sent in English or French depending on the event language.

3. ENTRY INTO FORCE AND AMENDMENTS

The first Conditions come into force on July 7, 2021. They were revised on January, 2024. They are concluded for the entire duration of the performance of the Services by the Company, up to the term specified in the Order form, without prejudice to any clause that may continue after their term.

Moreover, the Conditions apply during the entire period of access and navigation on the Company's Website.

The Company reserves the right to adapt, modify or supplement these Conditions at any time and without notice or notification, in order to take into account any legal, jurisprudential and/or technical developments. The said adaptations, modifications or additions shall then be applicable to all Orders and all Services subsequent to these adaptations, modifications or additions.

When validating a new Order, the Client must accept the new version of the Conditions. The version applicable to the Order is the version accessible online at the time of the Order and communicated to the Client through the Platform.

In any event, the User is advised to regularly consult the Conditions, and any subsequent versions.

4. DESCRIPTION OF THE SERVICES

The Company provides Users with tools to scan in 2D and measure a space using the iMapper. It then allows Users to upload the Contents made onto the Platform, accessible by the Client, the Company and third-party service providers according to the Service subscribe by the Client.

The Company and the Client will agree together on the Services to be provided. The Service subscribed to by the Client will be specified in the Order accepted by the Client.

All the Services proposed by the Company are available on its Website and/or commercial documentation, brought to the Client's attention.

The Company propose in particular:

(i) Subscription allowing access to the Platform and the sale of iMapper(s) for an unlimited period of time. This Subscription commits the Client for an indefinite period, which either Party may terminate at any time, subject to one (1) months' notice. Termination of the Subscription must be made in writing to the following address: hello@imapper.tech or through the Platform. It is agreed between the Parties that, if the Client wishes to take out the Subscription again after termination, the new Subscription will be activated within one (1) month of the Subscription request. Once the Subscription is terminated, the Client will no longer have access to the Platform and conserve the property of the iMapper.

(ii) Subscription allowing access to the Platform and the rent of iMapper(s) for a fixed term of 36 (thirty-six) months. The Subscription is then automatically and tacitly renewed for successive periods of 12 (twelve) months for an indefinite period. Each Party may terminate the Subscription renewed at any time, subject to one (1) months' notice. Termination of the Subscription must be made in writing to the following address: hello@imapper.tech or through the Platform. Once the Subscription is terminated, the Client will no longer have access to the Platform. He will be able to return the iMapper or purchase it. In such case, the selling price will be determined by the Company, considering the duration of the period of availability. Moreover, at the end of the initial 36 (thirty-six) months period, the Parties may also meet again if the Client wishes to purchase the iMapper or change version. By subscribing to a Subscription offer, the Client commits for a duration of thirty-six (36) months unless another duration is specified in the commercial offer subscribed by the user. The iMapper device remains the property of AMAMI throughout the duration of the contract, while the Client benefits from a right of use in return for the payment of the agreed monthly fees. At the end of this period, the Client may either return the device, purchase it for €399 excluding VAT, or opt for a renewal with a new model. In the event of early termination of the contract before the end of the thirty-six (36) month period (or the duration indicated in the commercial offer), regardless of the cause, the Client must pay the total remaining amount for the device, which is €2,399 excluding VAT minus the monthly payments already made. The termination must be notified in writing to hello@imapper.tech with one (1) month's notice. This termination ends access to the iMapper platform. The Client undertakes to insure the device against risks of loss, theft and damage. The Client is responsible for its proper maintenance according to the instructions provided by AMAMI. In the event of damage or loss, the Client remains liable for the monthly payments until the end of the contract.

(iii) The Platform allows the Client to subcontract the provision of services to third parties. The service providers can analyze and process the Contents uploaded by the Client on the Platform and then create plans or realize services on behalf of the Client. In this context, the Client understands and accepts that the Contents may be transferred to third parties through the Platform notably. The Client is solely responsible for the relationship maintained with the third party, and for any elements provided by the Client for the purpose of performing the service entrusted to the third party. The conditions for the setting up of the relationship and the intervention of the third-party service provider are mutually agreed between the Parties and included in the Order form. Regardless of the Service subscribed to, the Client is informed that the iMapper and the Platform are interdependent tools. Therefore, the Client understands and accepts that he will not be able to extract the Contents from the iMapper on other media than the Platform and that the Platform will not be able to receive any data from another tool of space capture.

5. ORDER FORM

5.1. The Client declares having obtained from the Company, prior to placing the Order, all information on the Services and their content. The Client also acknowledges having obtained all the documentation and information relating to the use of the iMapper and the Platform. All the Services proposed by the Company are available on the Company's commercial documentation and/or Website, brought to the Client's attention. In any event, the Client declares that he is solely responsible for the choice of Services and their suitability for his needs.

5.2. To place an Order, the Client must contact the Company via the Website. The scope of the Services to be provided by the Company is strictly defined and delimited in the Order. The Order defines the special conditions of the Services, namely the nature of the Services, the price, the amount of any discounts and rebates, the terms of payment and the delivery times, and the Client's full and complete adherence to the Conditions. Once the Parties have agreed on the Services, the Company sends the Client the process of validation and payment of the Order. The performance of the Services is subject to the acceptation of the Order and the present Conditions by the Client and the payment of the amount indicated on the Order.

5.3. Once the Client accepts the Conditions, the Order form and proceeds to the payment of the Services, the Company sends him all the necessary documentation to create an Account on the Platform.

5.4. The Company will ensure the realization and practical execution of the Services on behalf of the Client, as described and defined in the Order. However, some Services may be provided by third-party service providers. In this case, the Client has a direct relationship with the service provider.

5.5. Any request for additional Services and/or an appendix to the initial Order, as well as any information, particularly technical information communicated by the Client modifying the scope and/or extent of the Services covered by the Order, as well as any request to modify these Services, will be the subject of an amendment to the Order or a separate order providing in particular for additional remuneration of the Company.

5.6. The Client must provide accurate, lawful and fair information (in particular the delivery address). The Company does not systematically check or verify the truthfulness and accuracy of the information provided by the Client. The Company cannot therefore be held liable in this respect, for any reason whatsoever.

6. FINANCIAL CONDITIONS

6.1. The price of the Services, the exchange rate and the amount of taxes are indicated in the Order form. The price applied to the Services appears in the Order signed by the Client and is negotiated between the Parties and on the Website. The applicable price is the one in effect at the time the Order is placed by the Client and depends on the country in which the Client resides. The Company reserves the right to modify prices and payment methods at any time, and the Client expressly accepts this.

6.2. Delivery costs including the cost of transporting the iMapper, estimated according to the number of iMapper(s), the weight and the country of the Client indicated in the delivery address, must be added to the price of the Services, unless otherwise agreed in writing by the Parties.

6.3. Customs duties, fees and taxes shall be borne exclusively by the Client and are not included in the price of the Services, or delivery costs, paid by the Client to the Company, unless otherwise agreed in writing by the Parties. The prices of the Services are subject to the applicable taxes and any change in the legal rate of tax will be passed on to the price of the Services, on the date stipulated by the relevant implementing decree.

6.4. Payment of the Order and debiting of the Client's bank account is made at the time of validation of the Order by the Client. The Client accepts that the Company reserves the right to suspend or cancel the supply of Services ordered by the Client in the case of non-payment or a payment incident of which the Company is informed.

6.5. Payment is made by credit card via the payment service provider Stripe. The Company guarantees the Client that it never has access to confidential information relating to the means of payment used by the Client to pay for his Order. The general terms and conditions of Stripe are available at the address: https://stripe.com/fr/legal/consumer. Within the framework of the Subscription to the Platform, the Client will have to accept via a box to be checked that its banking details are preserved in order to make it possible to pay monthly the Subscription. Otherwise, the Client understands that the Company will not allow him to reach the Platform. The Client guarantees the Company that he has the rights or authorizations that may be necessary to use the chosen method of payment and that he provides access to sufficient funds to cover all costs resulting from the payment of the Order.

6.6. Any late payment will be subject, without prior formality and by right, to a penalty of three (3) times the legal interest rate. In addition, a fixed recovery indemnity of forty (40) euros will be due by the Client. The amount of this indemnity may be higher, upon presentation of proof of the costs incurred by the Company to recover its debt. These provisions apply without prejudice to the right of Company to terminate these Conditions and to cease providing its service.

7. DELIVERY OF THE IMAPPER

7.1. The iMapper will be sent by the Company to the delivery address provided by the Client when placing the Order. In the event of an error in the wording of the address or the contact details transmitted by the Client, the Company shall not be held responsible for the impossibility of executing the Order or making the delivery to the Client.

7.2. The iMapper is dispatched within the deadlines indicated in the Order, as from the payment. The Company shall make its best efforts to meet the deadline. Under no circumstances shall the Company be held liable for any failure to respect the deadlines, or for any damage resulting from a delay in shipment or delivery insofar as the delivery is made by a third-party service provider. In all cases, the Company undertakes to provide the Client with any information at its disposal concerning the delivery of the iMapper. The delivery times can be lengthened according to the number of iMapper ordered by the Client. In general, the Company may not be held liable for the consequences due to a delay in delivery of the iMapper. Delivery times are given for information purposes only, which the Client accepts. Consequently, in the event of failure to comply with these deadlines, the Client shall in no event be entitled to claim payment of damages from the Company or the cancellation of the Order.

7.3. The Company shall not be held liable for any blocking by customs or any other regulatory body in the country of destination and no compensation may be claimed from the Company in the event of seizure or blocking of the iMapper.

7.4. Each delivery is deemed to have been made as soon as the Client has received the iMapper ordered.

7.5. The iMappers are shipped at the Client's risk, regardless of the shipping method. If applicable, it is expressly agreed with the Client that the transfer of ownership of the iMappers is suspended until full payment of the price and its accessories. The Client undertakes to return the iMapper in the event of non-payment. If the Client has subscribed to an iMapper availability Service, he undertakes to return the iMapper to the Company at the end of the availability period, unless it is repurchased. Returns are at the Client's risk and expense. The Client is informed that the Company uses a carrier for the transport of the iMapper. In the event of non-conformity, loss or damage to the iMapper due to transport, the Client who is aware of this is obliged to contact the carrier and inform the Company immediately. To do this, the Client sends an email to the Company at the following address: hello@imapper.tech. It is up to the Client, upon receipt of the delivery, to check the iMapper received to ensure that they are in perfect conformity with the Order. The Client must immediately inform the Company of any reservations upon receipt of the iMapper by email to the following address: hello@imapper.tech. Subject to the applicable regulations and to the limitations of liability set forth herein, any claim not made in accordance with the rules defined above shall not be taken into account and shall release the Company from all liability with regard to the Client.

8. RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. Obligations of the Company

These Conditions are executed by the Company in accordance with the rules of art.

The Company undertakes to provide the Client with an iMapper in working order. Unless otherwise specified, the iMapper is guaranteed for a period of two (2) years and the compatibility of the iMapper with the Platform is approximately five (5) years. The Company will do its best effort to maintain the compatibility of older models with the Platform, however, at the end of this period, the Client understands that technological developments may require the use of a new iMapper. In this case, the Client undertakes to contact the Company to order a new iMapper compatible with the Platform.

The Company shall make its best efforts to ensure the timely implementation of the technical, human and material resources necessary and of sufficient level for the execution of the present Conditions and the handling of Orders.

In any event, these Conditions shall in any event place the Company exclusively under an obligation of means.

The Client and/or the User acknowledge that their use of the Website, the Platform and the iMapper is done solely at their own risks.

The Company undertakes to do its best to enable a full and optimum use of the Website and the Platform by the User and the Client. The Company endeavors to provide a 24hours/7days access to the Website and the Platform. This commitment does not constitute any obligation of result.

The Company is also committed to do its best, within the limits of its technical, financial, and human resources, to guarantee the confidentiality of the Clients Logins and Contents. This commitment does not constitute any obligation of result.

Notwithstanding the above, the Client is informed that there are several versions of the Platform and that in the absence of a Subscription, the Client will not have access to the Platform.

It is agreed between the Parties that the Company is authorized to use and exploit the Contents published on the Platform by the Clients to promote its activity and Services on the Website, the social media of the Company and more broadly on its publicity support. The Client indemnifies the Company against all claims in this respect. It is also agreed that the Company can leave an access to the Contents to third-party service provider according to the Services subscribed by the Client.

The Company shall not, in any circumstances, be held liable for the publishing or the nature of the Contents.

The Company can only ensure that it uses every financial, technical and human means at its disposal to guarantee the security of the Contents, within the limits of its capacities.

In particular, the Company shall not be held liable in the case of the hacking of the entire Website and Platform or some part of it, nor for the damages caused by such hacking to the Client and the User or to a third party.

The Website and the Platform are equipped with the technology required at the moment to allow their access and use.

The Company does not filter the Contents prior to the publication on the Platform nor control that the Client has the necessary authorizations (owners of the places, architects, designers etc.) for the realization, publication and utilization of the Contents as provided herein. Therefore, the Company will not, under any circumstances, be held liable for the capture, utilization, publication of the Contents by the Client and the Company under the conditions provided above. Regarding the Contents freely published on the Platform, the Company shall only assume the responsibility of a technical intermediary.

The Company can unilaterally decide, temporarily or irrevocably, to modify/remove/limit/suspend the configuration of the Website, the Platform, the Services, or the access to these Services, without any prior notice.

If the iMapper is made available to the Client, the Company undertakes to intervene in case of malfunction. If the Company finds that the defect is attributable to the Client, the latter must bear the full cost of repairing and replacing the iMapper. In any case, the Company undertakes to take all necessary steps to replace the defective iMapper, during the warranty period.

8.2. Client's and User's rights and obligations

Anyone can visit the free-access pages of the Website.

When using the Website and the Platform, the Client and the User shall comply with the regulations. The Client and the User shall not post any discriminatory, racist, xenophobic, anti-Semitic, insulting, violent or pornographic comments or more generally, any content contrary to public order and good moral standards on the Website and the Platform.

The Client will have access to his Account with his Logins on the Platform. As usually required by security rules, the Logins, and especially the password, are chosen by the person who holds the Account.

The Client must be a physical person over the age of majority or a moral person registered at the Trade and Companies Register and have the legal capacity to subscribe to the Company's Services. The Users must as well have the legal capacity to create an Account on the Platform in the same conditions than those described above.

The Client is liable for the Contents. The Company shall not be held liable for Contents collected and uploaded by the Client. In any circumstances, the Company shall not be held liable for any damages caused by the communication or loss by the Client of the Contents uploaded on the Platform.

The Client and the User shall not modify, or try to modify, copy, translate, adapt, arrange, reproduce, separate, disassemble or decompile, in any manner, the Website and the Platform they have access to.

The Platform cannot be lent, rented, sold, commercialized, made available or used for the benefit of a third party, in any manner, with or without charge, without the prior and written consent of the Company. It is however understood that the Client may lend the iMapper free of charge to any person of his choice after prior written information of the Company. The latter may then create a temporary Account on the Platform to allow the person concerned to test the Platform.

The Client and the User are solely and fully liable for the proper functioning of their computer equipment used to access the Website and the Platform. The Client and the User are also fully liable for the protection of their computer equipment against any virus attack or intrusion attempt etc. The Client and the User shall not use nor set a robot or any other automatic means to access the Website and the Platform. More generally, they shall not attempt to damage or jeopardize the functioning of the Company or the functioning of the Website and the Platform. The Client and the User are solely and fully liable regarding the verification of any incompatibility, dysfunction, or any other technical problem that may occur between the Website and/or the Platform and their computer equipment.

The Contents uploaded by the Clients on the Platform must be free of viruses, Trojans horses, bugs, bombs or any other malicious means/tool intended to damage, affect, intercept or block the Platform's system, and/or data or information broadcasted on it.

If the Client subscribes to the offer allowing him to buy the iMapper and have an access to the Platform for a limited period of time, he understands that at the end of the period agreed between the Parties and provided for in the Order form, he will not anymore have access to the Platform.

The Client is invited to regularly download on his computer the Contents loaded on the Platform.

In the event of any obvious illicit behavior or violation of these Conditions, and/or any violation of the Order form concluded between the Client and the Company, and/or any violation of any other legal obligation, the Company can suspend or delete the Client's Account, without indemnification after notification, explication and seven (7) days' notice. In such situation, 1/ the Client will not be able to access the Contents and 2/ the Contents can be deleted by the Company without compensation.

The User undertakes to comply with all the rules and obligations related to his capacity as a professional, regarding the applicable laws and regulations, which he affirms to be fully aware of.

In his capacity as a professional, the User undertakes in particular to respect his obligations in terms of labour law, tax law, insurance, declarations etc. as well as the regulations applicable to his activity.

The User shall not hold the Company liable, or call for a guarantee on any grounds whatsoever, if its own liability is called into question for failure to comply with the legal or regulatory obligations applicable to him in respect of its activity.

The User also guarantees that he is qualified, competent and has all the diplomas and/or titles required for the exercise of his activity. He acknowledges that his activity cannot rely on the Services proposed by the Company and in particular the iMapper tool made available to him.

The Client and the User undertake to use the Website, the Platform and the iMapper at its own risk and in a prudent, attentive, reasonable and caring manner. The Client must pay particular attention to the environment in which the iMapper is used (places, people, etc.), given the iMapper's configuration (contains a laser). The use of the Platform and the iMapper by the Client shall be in accordance with the type of use provided for herein. Furthermore, the Client agrees to use the iMapper and the Platform in accordance with the documentation provided by the Company. If applicable, the Client must take all necessary care in the use and maintenance of the iMapper for the duration of the Service.

The Client agrees not to modify, transform, alter, or otherwise interfere with the Platform or iMapper without the Company's prior written consent. Failing this, the Client shall compensate the Company for all damage suffered.

The Client guarantees that he has all the necessary authorizations, in particular from the owner and/or tenant of the place in which the iMapper is being used, as well as from the architect who drew up the plans for the property in question, so that the space can be scanned and the Contents can be uploaded to the Platform and made accessible to the Client, the Company and third-party service providers. In this context, the Client shall also obtain the authorization for the Company to exploit the Contents within the framework of its activity, notably for promotional purposes.

It is expressly understood that the Client is liable for obtaining the aforementioned authorizations and that the Company is not responsible for this. The Company cannot be held liable in this respect and the Client undertakes to guarantee the Company. Therefore, the Client agrees to repair the damage suffered by the Company and pay all costs, including legal fees, incurred by it under the use of the Contents.

9. UPDATE OF THE PLATFORM AND THE IMAPPER

To provide good quality services and to allow an optimum utilization of the Platform, the Company regularly updates the Platform.

"Updates" means minor improvement that can be possibly made on the Platform, including the improvements of the user interface and user experience.

The Company decides, at its own discretion, the frequency of these updates.

Minor updates such as the amelioration or creation of a service and/or an information will not necessarily be reported to the Client.

Every Client will automatically benefit from these updates in the same terms and conditions as the one prescribed for the existing Platform, as soon as they are integrated into the Platform. The Clients expressly acknowledge and accept this point.

The Company will also be able to evolve the model of iMapper and sell the updated model on the Website. The Client will be free to buy or not the new model of iMapper developed by the Company. As provided at the article 8.1, the compatibility of the iMapper with the Platform is approximately five (5) years. The Company will do its best effort to maintain the compatibility of older models with the Platform, however, at the end of this period, the Client understands that technological developments may require the use of a new iMapper. In this case, the Client undertakes to contact the Company to order a new iMapper compatible with the Platform.

Client who has taken out a Subscription package that includes an iMapper may, at the end of the initial 36 (thirty-six) month period, contact the Company to consider a new version of the iMapper.

10. GUARANTEE AND LIABILITY

10.1. The Client acknowledges that it is aware of and accepts the fact that the Company cannot be held responsible in any way for the creation, modification, deletion, or failure to receive, transmit or store the Contents on the Platform, which is the sole and entire responsibility of the Client. Furthermore, the Company cannot be held responsible for any delay or failure of the server or the Internet network concerning the uploading of the Contents from the iMapper to the Platform and/or their downloading from the Platform.

10.2. The Client understands and accepts that part of the Services offered by the Company consists of putting the Client in contact with a third-party service provider. In this case, the Client understands that the Service provided by the Company is a matchmaking service. The Company cannot guarantee the skills and relational qualities of the third-party service providers and cannot be held responsible under any circumstances. In this context, the Company does not guarantee the truthfulness and accuracy of any plans, sketches or creations made by third-party service providers. The Company may simply, at the Client's request, give an opinion on the service provided by the third-party service provider.

10.3. The Client is liable for the suitability of the Services and the iMapper for his needs, for the use of the iMapper and the Contents as well as for the qualification and competence of the persons responsible for using the iMapper. In this respect, by agreeing the Conditions, the Client expressly acknowledges having received all the necessary information enabling him to assess the suitability of the Services subscribed to for his needs and to take all useful precautions within the framework of the use of the iMapper. The Client understands and accepts that the Company is not liable for the recordings made by him with the iMapper and the Contents (data, image etc.) collected and notably the points cloud. Consequently, the Company cannot guarantee the accuracy of the measurements and plans made following the use of the iMapper and the utilization of the Contents by the Client.

10.4. It is expressly agreed between the Parties that the Company does not guarantee that the Platform and the iMapper will be free of anomalies and that their operation will be uninterrupted. If the Client notes the occurrence of anomalies, incidents, errors or malfunctions in the Platform and iMapper, the Company undertakes to intervene and make its best efforts to remedy the situation.

10.5. Unless otherwise provided for by public policy, the Company may not under any circumstances be held liable to the Client and/or any third party, for any reason whatsoever, for any indirect damage whatsoever, and in particular for any commercial damage, loss of turnover or profit, loss of customers, loss of opportunity, loss of anticipated savings, loss or corruption of data not attributable to the Company, loss of earnings relating to or arising from the Platform and the iMapper, or their operation. The Company cannot be held responsible for abnormal operation beyond its control or for the absence of a function desired by the Client but not integrated into the Platform and iMapper made available to him. Moreover, the Company will be liable for the direct damages only. In any event, the Company's liability, whatever the cause or basis, shall not exceed, in total, the sums paid by the Client to the Company for the Service.

11. INTELLECTUAL PROPERTY

11.1. The domain names, logos, graphic charter, layout, information, presentation and content of the Website and the Platform are the exclusive property of the Company. In particular, the User undertakes never to use or incorporate the sign "iMapper" or any derivative or variation thereof. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, logos, trademarks, photographs, etc.) relating to the Website and the Platform are also protected by all intellectual property rights or rights of producers of databases in force, of which the Company is the sole holder or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution, adaptation and use of any of these elements, in whole or in part, without the Company's authorization, is strictly prohibited and may be subject to legal proceedings. Any reproduction or representation, in whole or in part, of the Website and the Platform or their component parts, such as, but not limited to, trademarks, domain names, logos, graphic design, layout, information, presentation and content of the Website and the Platform, is prohibited.

11.2. Browsing the Website and using the Platform does not involve any transfer of rights, including any intellectual property rights (trademark, patent, design, copyright, etc.), to the User. The Company grants the User only a right of access and consultation of the Website and the Platform for his professional needs, with a view to the use of the Services, in accordance with these Conditions. Any other exploitation of these rights by the User constitutes an act of infringement, which the User expressly acknowledges and accepts.

11.3. The Website may contain hypertext links and/or hyperlinks to sites published and hosted on third party servers, particularly concerning advertising banners, which are not managed by the Company and over which no control can be exercised. In this respect, the Company declines all responsibility for the legal consequences of accessing these sites from the Site.

11.4. The Company remains the owner of all operating media and in particular of the communication and marketing tools that it makes available to the User as part of the performance of the Services as well as of all intellectual property rights attached to them.

11.5. The Client acknowledges that the intangible intellectual property rights attached to the iMapper belong to the Company and that the sale or the rental of the iMapper does not entail a transfer of these intangible intellectual property rights.

12. CONFIDENTIALITY

Unless otherwise stipulated, the User undertakes to keep confidential all information that has been brought to his knowledge, of any nature whatsoever and on any medium whatsoever, by the Company, concerning the execution by the latter of these Conditions.

In particular, the User undertakes to observe the utmost discretion with regard to the techniques, methods and processes, know-how, belonging to the Company, and of which the Company may have shared knowledge in the performance of these Conditions.

The User also undertakes to ensure that its personnel, as well as any person with whom it is contractually bound in the context of the execution of these Conditions, observe the obligation of confidentiality defined in this article.

On expiry of the business relationship between the Parties, the User undertakes to return to the Company, on first request, all documents, information and/or confidential data of which he has become aware during the course of the said business relationship, and on request by the Company, not to use them for his own account and not to keep any copies thereof.

13. EXCLUSIVITY – SUBCONTRACTING

The Company is not bound by any exclusivity clause under these Conditions. The Company is therefore free to perform Services identical or similar to those performed hereunder, on behalf of any third party.

The Company may subcontract all or part of its Services to third parties, or more generally call upon third parties for the proper execution of the present contract, which the User expressly understands and accepts.

14. REFERENCE

The Company may freely and without any time limit include the User's name, denomination, and/or trademark on a list of references, in any advertising, promotional or communication document relating to its activity, and in particular on its presentation brochure, on its Website and in the press. The User may terminate this authorization at any time, by notifying the Company by any written means.

The User may do the same with the name of the Company, it being specified that the Company may terminate this authorization at any time, by notifying the User by any written means.

15. INDEPENDENCE

The Company and the User are two independent Parties both legally and financially. Each of the Parties will assume its own obligations and responsibilities in the context of its activities, in particular in social, administrative and tax matters.

The Company carries out its activity in complete independence and enjoys complete freedom in its organization and the execution of these Conditions, in particular its working methods, in an autonomous manner, and without any link of subordination with the User.

The Conditions do not constitute, represent or create between the Parties, either an association, or any de facto or de jure company, or any link of subordination within the meaning of labour law.

The Client acknowledges that he is obliged to obtain all necessary authorizations in connection with the use of iMapper, in particular from the owner and/or tenant of the property(ies) concerned, as well as from the architect who drew up the plans for the property. More generally, the Client undertakes to use iMapper in compliance with copyright, the right to the image of persons and property, and in a manner that complies with the laws and regulations in force. Failing this, the Client guarantees the Company which cannot be held liable for the Contents and the plans carried out by the Client or any person mandated by him.

It is expressly understood that it is the Client's responsibility to obtain the said authorizations, directly or through the intermediary of the tenants and/or owners of the properties to be photographed, this responsibility does not in any case fall to the Company. The User will provide a copy of these authorizations at the Company's first request.

16. MISCELLANEOUS PROVISIONS

16.1. These Conditions, the Order as well as any special conditions agreed between the Parties express all of the Parties' obligations, to the exclusion of any other document or contract, and in particular any contractual document specific to the User (general terms and conditions of purchase for example). All these documents constitute the contractual basis of the Parties.

16.2. The User may therefore not substitute for third parties, nor transfer to any third party whatsoever all or part of his obligations due hereunder, without the prior written consent of the Company.

16.3. If one or more provisions of the Conditions are held to be invalid, null and void or without object by a law or regulation, or declared as such by a final decision of a competent court, they shall be deemed to be unwritten, while the other provisions of the Conditions shall retain their force and scope.

16.4. No delay or abstention by the Parties in the exercise of their rights may be considered as a waiver of all or part of the rights they hold under the Conditions and/or any special conditions agreed between the Parties.

16.5. The headings of the various articles of the present Conditions are given for information purposes only, in order to facilitate the User's understanding of the present Conditions. Consequently, they do not in themselves have any contractual value or prejudge the interpretation to be made of the provisions in question.

17. APPLICABLE LAW - JURISDICTION

The present Conditions, and any special conditions concluded between the parties, are subject to French law.

In the event that no amicable solution can be found, any dispute between the Company and a User, in particular concerning the formation, execution, interpretation, validity, termination or resolution of these Conditions, including for protective proceedings, emergency proceedings, in the event of summary proceedings, appeal, petition or plurality of defendants, shall be subject to the jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal.

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