1 – Terms
The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered on the application (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context.
In particular, they are accessible and printable at any time via a direct link at the bottom of the home page of the site.
2 – Service provider
The KRIPTL Services are operated by Growsiste, SAS with a capital of €1,000, registered under no. 88829448500014 (RCS Paris), whose registered office is located at 10 rue de Penthièvre, 75008 Paris (hereinafter: “CompanyName”).
Growsiste – Kriptl can be contacted at the following address and phone number:
E-mail adress : email@example.com
Postal address : 10 rue de Penthièvre, 75008 Paris
3 – Access to the site and services
The Services are accessible, subject to the restrictions set out on the site:
- to any individual with full legal capacity to commit under these general terms and conditions. The individual who does not have full legal capacity can only access the Site and Services with the agreement of his legal representative;
- to any legal entity acting through the intermediary of an individual with the legal capacity to contract in the name and on behalf of the legal entity.
4 – Agreement to the general terms and conditions
The acceptance of these general terms and conditions is materialised by a tick box in the registration form. This acceptance can only be full and complete. Any subscription with reservations is considered null and void. Users who do not accept to be bound by these general terms and conditions must not use the Services.
5 – Registration
1 . Use of the Services requires the User to register on the site, by filling in the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the User (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which enables him to manage his use of the Services in a form and according to the technical means that Growsiste deems the most appropriate for providing the said Services.
The User guarantees that all the information he or she provides in the registration form is accurate, up to date and sincere and is not misleading in any way.
He undertakes to update this information in his Personal Space in the event of modifications, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon him/her as soon as it is validated.
2. The User can access his Personal Space at any time after having identified himself using his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility for doing so.
He is equally responsible for maintaining the confidentiality of his login and password. He must immediately contact Growsiste at the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges that Growsiste has the right to take all appropriate measures in such a case.
6 – Description of Services
The User has access to the Services described on the site, in a form and according to the features and technical means that Growsiste deems most appropriate.
7 – Pricing
The price of the Services is indicated on the site. They can be free and/or paying.
Unless otherwise mentioned, they are expressed in euros and all French taxes included.
Growsiste reserves the right, at its own discretion and according to the modalities that it will be the sole judge, to propose promotional offers or price reductions.
2. Price review
The price of the Services is indicated on the website/application. They may be free and/or subject to payment.
Unless otherwise stated, they are expressed in euros and all French taxes included.
Growsiste reserves the right, at its own discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
The Services are the subject of invoices which are communicated to the User by any useful means.
4. Methods of payment
The methods of payment for the Services are described on the site.
Payment is made by direct debit from the User’s credit card number.
The direct debit is implemented by the payment service provider designated on the site, which alone keeps the User’s bank details for this purpose. Growsiste does not keep any bank details.
The User guarantees Growsiste that he has the necessary authorisations to use the chosen method of payment. He undertakes to take the necessary measures so that the automatic withdrawal of the price of the Services can be carried out.
5. Late payments and payment incidents
The User is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically, without prejudice to the provisions of article 12 and without prior formal notice, result in the User being liable for any delay in payment:
- the forfeiture of the term of all sums due by the User and their immediate payability;
- the immediate suspension of the Services in progress until full payment of all sums due by the User;
- the invoicing to the benefit of Growsiste of late payment interest at the rate of 20% (twenty) the legal interest rate, based on the amount of the totality of the sums due by the User.
The User expressly acknowledges and accepts :
- that the data collected on the site/application and on Growsiste’s IT systems are proof of the reality of the operations carried out within the framework of the present contract;
- that these data constitute the only mode of proof admitted between the parties, in particular for the calculation of the amounts payable to Growsiste.
The User can access this data in his Personal Space.
9. Obligations of the User
Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:
- The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
- The responsibility of Growsiste can in no way be engaged in this context.
- The User acknowledges having read the features and limitations, in particular the technical characteristics and constraints of all the Services on the site/application. He is solely responsible for his use of the Services.
- The User is informed and accepts that the services require him/her to be connected to the Internet and that the quality of the services depends directly on this connection, for which he/she is solely responsible.
- The User is also solely responsible for the relations that he or she may establish with other Users and the information that he or she communicates to them within the framework of the Services. It is incumbent upon him/her to exercise the appropriate prudence and discernment in these relations and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
- The User undertakes to make strictly personal use of the Services. Consequently, he shall refrain from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party in any way whatsoever.
- The User agrees to provide Growsiste with all the information necessary for the correct execution of the Services. More generally, the User undertakes to cooperate actively with Growsiste with a view to the proper execution of the present Conditions of Use.
- The User is solely responsible for the content of any kind (editorial, graphic, audiovisual, links/URLs or other, including the name and/or image possibly chosen by the User to identify him/her on the site) that he/she disseminates as part of the Services (hereinafter referred to as: the “Content”).
It ensures Growsiste that it has all the rights and authorisations necessary for the diffusion of this Content.
It undertakes that the said Content is lawful, does not infringe public order, morality or the rights of third parties, does not violate any legislative or regulatory provision and more generally, is not in any way likely to bring into play the civil or criminal liability of Growsiste.
The User thus refrains from disseminating, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- Counterfeiting Content,
- Contents that are detrimental to the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally Content that may infringe the rights of third parties or be harmful to third parties, in any manner and in any form whatsoever.
9. The User acknowledges that the Services offer him an additional but not alternative solution to the means that he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
10. The User must take the necessary measures to safeguard by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
11. The User is informed and accepts that the implementation of the Services requires him/her to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
10. User agreement
The User guarantees Growsiste against any complaints, claims, actions and/or demands whatsoever which Growsiste may suffer as a result of the breach by the User of any of its obligations or guarantees under the terms of these general terms and conditions.
The User undertakes to compensate Growsiste for any prejudice which it may suffer and to pay it all the costs, charges and/or sentences which it may have to bear as a result of this fact.
11. Prohibited behaviour
1. It is strictly forbidden to use the Services for the following purposes:
- the exercise of activities that are illegal, fraudulent or infringe the rights or safety of third parties,
- breach of public order or violation of the laws and regulations in force,
- Intrusion into the computer system/smartphone of a third party or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system/operating system, violate its integrity or security,
- the sending of unsolicited emails/message and/or canvassing or commercial solicitation,
- manipulations intended to improve the referencing of a third party site,
- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that diverts the Services for purposes other than those for which they were designed.
2. It is strictly forbidden for Users to copy and/or misappropriate/hijack the concept, technologies or any other element of the Growsiste site for their own purposes or those of third parties.
3. The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Growsiste’s systems, (iii) any diversion of the site’s system resources, (iv) any action likely to impose a disproportionate burden on the site’s infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Growsiste or users of its site, and finally more generally (vii) any breach of these terms and conditions.
4. It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or to the site, as well as to the information hosted and/or shared therein.
12. Sanctions for non-compliance
In the event of breach of any of the provisions of these general terms and conditions or more generally, of violation of the laws and regulations in force by a User, Growsiste reserves the right to take all appropriate measures and in particular to :
- suspend or terminate access to the Services of the User, author of the breach or infringement, or having participated in it,
- delete any content posted on the site,
- publish on the site any information message that Growsiste deems useful,
- notify any authority concerned,
- initiate any legal action.
13. Growsiste’s liability and guarantee
- Growsiste undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
- Growsiste has no knowledge/control of the Content put online by Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it only acts as a hosting service provider.
Consequently, Growsiste cannot be held responsible for the Content, the authors of which are third parties, any possible claim must be directed first and foremost to the author of the Content in question.
The Contents prejudicial to a third party may be the subject of a notification to Growsiste according to the methods provided for by article 6 I 5 of the law n° 2004-575 of 21 June 2004 for confidence in the digital economy, Growsiste reserving the right to take the measures described in article 12.
3. Growsiste declines all responsibility in the event of possible loss of the information accessible in the User’s Personal Space, the User must save a copy and may not claim any compensation in this respect.
4. Growsiste undertakes to carry out regular checks to verify the operation and accessibility of the site. In this respect, Growsiste reserves the right to temporarily interrupt access to the site for maintenance reasons. In the same way, Growsiste cannot be held responsible for momentary difficulties or impossibilities of access to the site which are due to circumstances beyond its control, force majeure, or which are due to disturbances in the telecommunications networks.
5. Growsiste does not guarantee to Users (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for the intention of a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.
6. In any event, the liability likely to be incurred by Growsiste by virtue of the present terms and conditions is expressly limited to the only proven direct damage suffered by the User.
14. Intellectual Property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) used by Growsiste within the site are protected by all intellectual property rights or the rights of the database producers in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Growsiste is strictly forbidden and may be subject to legal proceedings.
15. Data of a personal nature
Growsiste reserves the right to insert on any page of the site/application and in any communication to Users any advertising or promotional messages in a form and under conditions of which Growsiste will be the sole judge.
17. Links and third party websites
Growsiste may in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the User may access via the website/application.
Growsiste is also not responsible for transactions between the User and any advertiser, professional or trader (including any partners) to whom the User is directed via the site and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations whatsoever to which these third parties are bound.
18. Duration of Services, unsubscribing
The Services are subscribed for an indefinite period.
The User can unsubscribe from the Services at any time, by sending a request to this effect to Growsiste by email, to the contact details mentioned in article 2.
The unsubscription is effective immediately. It leads to the automatic deletion of the User’s Account.
Growsiste reserves the right to modify these general conditions at any time.
The User will be informed of these modifications by any useful means.
The User who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.
Any User who makes use of the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
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 a contradiction or dispute as to the meaning of a term or provision.
21. Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the Paris courts will have exclusive jurisdiction to judge, unless mandatory procedural rules to the contrary exist.
22. Date of implementation
These general terms and conditions came into force on 01/10/2021.