Terms and Conditions

Preamble

These terms and conditions of use (hereinafter the "T&Cs") are concluded between any internet user browsing or accessing the website, as defined below, as well as its features (hereinafter the "User"). The website accessible via the URL link https://www.jbda.io/ (hereinafter the "Site") is published and operated by JBDA – a simplified joint-stock company with a capital of 10,000 euros, registered with the RCS of Grasse under number 982 640 120, whose registered office is located at Building 3, 535 Route des Lucioles in Sophia Antipolis (06560) (hereinafter "JBDA") – engaged in the creation, operation, maintenance, and commercialization of a solution for connecting with service providers specializing in the implementation and management of digital and/or numerical operations, as well as the operation of a computing platform.

1. Purpose

The T&Cs define and govern the terms of use of the Site by the User, and determine the respective rights and obligations of the User and JBDA in the context of this use. Written in French, they are intended to apply exclusively between JBDA and any User wishing to access or use the Site. The T&Cs are available at any time on the Site, via the referral link at the bottom of the page.

JBDA reserves the right to freely modify the T&Cs. Any modification will take effect immediately and will only apply to uses made after said modification.

The User acknowledges having read and understood the T&Cs and agrees to be bound by them. In other words, the User agrees to be legally bound by them and acknowledges acting in full compliance with these provisions and within the limits of their rights. Otherwise, the User is expressly prohibited from attempting and/or using the Site.

2. Access to the Site

The Site provides information about JBDA. Access to the Site is free for any User, who can access it for free by consulting the following URL link https://www.jbda.io/. Thus, the User agrees to use the Site in accordance with:

• The laws and regulations of French law, international treaties, good morals
• The proper functioning of the Site, particularly by not interfering with its security features
• The image, reputation, and interests of JBDA

The User must not:

• Impersonate JBDA (its employees or collaborators) or another User of the Site
• Use all or part of the Site and its content for commercial purposes
• Use the Site in the context of an action aimed at competing with JBDA

In case of breach or attempted breach by the User of any of their obligations above, JBDA reserves the right, at its sole discretion, to inform any competent authority and/or take any action permitted by law after having unsuccessfully attempted to resolve the concerned dispute amicably as provided for in Article 8.1.

3. User Equipment

All equipment and software necessary for accessing and using the Site remain exclusively the responsibility of the User, who remains solely responsible for the proper functioning of their equipment as well as their Internet access. It is therefore up to them to take all appropriate measures to protect their own data, computer systems, and/or software from contamination by possible viruses. The User is solely responsible for their use of the Site.

Costs generated by connecting to the Site are the exclusive responsibility of the User.

Any content downloaded is done at the User’s own risk and under their sole responsibility and automatically entails adherence to these T&Cs. Consequently, JBDA cannot be held responsible for any damage suffered by the User’s computer or any loss of data resulting from the download.

Moreover, the User of the Site agrees to access the Site using recent equipment, free of viruses, and with an up-to-date latest-generation browser.

By adhering to the T&Cs, the User agrees to be in good faith regarding the effectiveness of their equipment and computer configuration that allow them to access the site. JBDA declines all responsibility for any malfunction directly or indirectly related to the User’s equipment or computer configuration.

4. Site Management

The Site may have imperfections and/or inaccuracies. Therefore, JBDA reserves the discretionary right, without notice obligation, to alter, modify, interrupt, or delete the content of the Site at any time and for any reason, to maintain its proper functioning and protection.

JBDA also reserves the right to modify or interrupt all or part of the Site, under the same conditions, through various updates and upgrades. None of the provisions of these T&Cs can be interpreted as obliging JBDA to maintain the Site.

Furthermore, JBDA may notably:

• Monitor the Site to detect violations of these T&Cs
• Restrict, suspend, or deny the User access to all or part of the Site
• Delete or disable access to the Site
• Administer the Site in any other way to protect our rights and property to facilitate the proper functioning of the Site

5. Intellectual Property

The Site and each of its elements, including texts, presentation videos, images, photographs, etc., are the exclusive intellectual property of JBDA, or are subject to a usage authorization, except for third-party trademarks that may be mentioned.

Subject to any contrary provision, the elements presented by JBDA are its exclusive property and are protected by its copyrights. For clarification, the characteristics, database, images, graphics, illustrations, logos, trademarks, patents, copyrights, as well as all intellectual property rights are held by JBDA.

Thus, any non-compliant use of JBDA’s distinctive signs and/or elements without prior express authorization from the latter is strictly prohibited. It is expressly forbidden to reproduce – in whole or in part – the presented content, under penalty of violating provisions related to counterfeiting. This prohibition also includes any attempt to duplicate, distribute, or otherwise illegally exploit the content, under penalty of criminal prosecution.

JBDA, provided that the User is qualified to use the Site in accordance with these T&Cs, grants them authorization to: (1) access the Site; (2) use it; (3) benefit from the Site’s features for personal and non-commercial purposes, unless expressly accepted by JBDA. Under no circumstances can the User claim any additional right over the Site.

The User is not authorized to reproduce, represent, modify, translate and/or adapt, in whole or in part, for free or for a fee, the Site and each of its elements, nor to reproduce or represent such translations, adaptations, and modifications, in whole or in part, for free or for a fee, without JBDA’s prior written consent.

6. Acceptance of Risks and Liability Disclaimer

6.1. Generalities

The User agrees to accept the following risks and consequently consents to JBDA disclaiming liability related to:

• Their access and use of the Site, which remain at their own risk
• The inherent security risk in providing and processing information online on the internet
• The loss incurred following malfunctions, bugs, errors, or violations independent of JBDA’s will
• Any service interruption independent of JBDA’s will
• Any damage resulting from third-party intrusion, particularly by violating the security system to gain unauthorized and fraudulent access to stored information
• All cases of force majeure under Article 1218 of the Civil Code
• Any indirect, incidental, special, consequential damage possibly incurred
• The User admits to being solely responsible for the voluntary disclosure of their confidential information

Furthermore, the User understands and expressly accepts the aforementioned risks so that JBDA cannot be held responsible under any circumstances except for willful misconduct.

Moreover, the User explicitly consents to JBDA engaging external service providers to enable the delivery of the Service and acknowledges, therefore, that JBDA cannot be held responsible for actions taken by these providers.

6.2. Third-Party Sites

The Site may contain hypertext links allowing the User to be redirected to other content on the Site (internal link) or to third-party sites (external link). These third-party sites are governed by their own terms of use, which the User is invited to refer to. JBDA thus disclaims any responsibility for the User’s access to and/or use of external links leading to third-party sites, and any liability related to the content of these third-party sites (including product or service offers, advertising) and any direct or indirect damages that may result from it.

JBDA disclaims any responsibility for operations directly between the User and any advertiser, intervenor, influencer, professional, or third-party trader (including possible JBDA partners) with whom the User has been put in contact through the Site.

7. Site Availability

JBDA will strive to ensure the availability and accessibility of the Site at all times, subject to any planned maintenance requiring a temporary technical interruption.

However, JBDA makes no commitment regarding the permanent availability and/or accessibility of the Site. Thus, this obligation is of means, as JBDA cannot guarantee the continuous availability of the Site due to the potential occurrence of events beyond its control (cyber-attack, hosting disruption, power outage, internet outage, etc.). JBDA nevertheless commits to making its best efforts to restore access to the Site in case of inaccessibility.

8. Applicable Law – Competent Jurisdiction

8.1. Applicable Law – Amicable Dispute Resolution

These T&Cs are governed by French law, and their French version prevails over any other translation that may be made and/or offered by JBDA on the Site.

In a spirit of understanding and customer support, JBDA considers it wise to prioritize the attempt to resolve disputes amicably. Therefore, before filing a claim with a mediation or judicial entity, the User agrees to contact JBDA through the support provided at the following address:

• Address: JBDA, Bat.3 - 535 Route des Lucioles, 06560 Sophia Antipolis
• Email: contact@jbda.io
• Phone: +33 6 22 75 32 23

Each Party will endeavor to find a solution to resolve the difficulties they face. If they do not succeed or the response is unsatisfactory for one of the Parties, the concerned Party may refer it to a mediation center.

Furthermore, in the event that the User qualifies as a consumer under the Consumer Code – pursuant to Article L.612-1 of the Consumer Code – JBDA is obligated to guarantee effective recourse to a mediator for the amicable resolution of a dispute. JBDA provides the User with additional information on online dispute resolution at the following site address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

The Parties will have, subject to the Conditions of this section, the possibility to resolve the dispute by resorting to legal action.

8.2. Competent Jurisdiction

All disputes related to the application, execution, and/or interpretation of the T&Cs are subject to the exclusive jurisdiction of the competent French courts according to the provisions of the Code of Civil Procedure.

9. Contacts

For all requests and/or complaints, JBDA provides the User with a contact service at the following coordinates:

• Email: contact@jbda.io
• Address: JBDA, Bat.3 - 535 Route des Lucioles, 06560 Sophia Antipolis, FRANCE

When making contact, and to ensure effective handling, the User must necessarily provide their name, first name, email, phone, and the reason that led them to contact.