GENERAL TERMS OF USE BAD SPECIES

Version effective as of July 27, 2023 These general terms of use (hereinafter referred to as the "T&C") aim to define the terms and conditions of access and use of the website [https://badspecies.fr/eu] (the "Site"), published by the company BAD SPECIES, a simplified joint-stock company with a capital of 10,000 euros, registered with the RCS of Antibes under number 953 024 056, whose registered office is located at 73 Chemin du Vallon Verts, 06600 Antibes (hereinafter "BAD SPECIES"), as well as the rights and obligations of users in this context. ARTICLE 1. DEFINITIONS The following terms, whether used in the singular or plural in this document, shall always have the following definitions: "Account": refers to the account created by the User on the Site; "Personal Data": refers to all types of information, data, and/or content collected and processed in the context of browsing and using the Site, hosted by BAD SPECIES or its hosting provider, as defined by Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, which allow the identification or identification, directly or indirectly, of a natural person; "Products": refers to the products sold by BAD SPECIES to Users placing orders on the Site; "User": refers to any natural person wishing to browse the Site and/or place orders for Products. ARTICLE 2. USER ACCEPTANCE These T&C are expressly accepted by the User, who must read them before creating any Account, by checking a box provided for this purpose. The User is then deemed to have read, understood, and accepted all the rules provided herein, without any reservation. All of these rules govern the relationship between the User and BAD SPECIES. In any case, browsing the Site is subject to compliance with the T&C. BAD SPECIES reserves the right to modify the T&C, in whole or in part, according to the technical evolution of the Site or its Product offerings, or due to changes in legislation, at its sole discretion and without notice. In general, it is the User's responsibility to consult the T&C as often as necessary, accessible from their Account or on the BAD SPECIES website. ARTICLE 3. SITE HOSTING AND SECURITY The Site is hosted by the professional hosting provider [SHOPIFY Inc]. The Site and all databases are hosted in the data centers of this host, located at [151 O'Connor Street – Ottawa, Ontario K2P 2L8 - Canada]. The company [SHOPIFY Inc] acts as a subcontractor of BAD SPECIES within the meaning of the regulations applicable to the protection of Personal Data, in accordance with the contract that binds them, which cannot derogate from this article. BAD SPECIES reserves the right to migrate the hosting of the Site to other data centers of this host and/or to change hosting providers, in constant compliance with the regulations applicable to the protection of Personal Data. BAD SPECIES undertakes to make its best efforts to guarantee the security of the servers hosting the Site by protecting the network and servers against malicious attacks. Security measures, such as a firewall and regular updates to the operating system and antivirus software, are in place. Privacy and personal data protection measures are also taken to prevent the destruction, loss, alteration, or unauthorized disclosure of data. In the event of an incident, measures are planned to quickly restore data availability and ensure appropriate access. Regular assessments are conducted to verify the effectiveness of these security measures. In the event of server failure, BAD SPECIES will make its best efforts to restore the service as soon as possible, within the limits of the service level commitments made by the hosting provider. ARTICLE 4. ACCESS TO THE SITE 4.1 Account Creation Neither browsing the Site nor ordering Products requires the creation of an Account. However, the Customer has the option to create one if they wish to accumulate points and benefit from advantages. To create an Account, the User must have a valid email address. The User can create an Account at any time during browsing by clicking on the dedicated tab. They register by providing their name, first name, email, and phone number, and are required to choose a password. 4.2 First Connection During their first connection and in accordance with these provisions, the User is invited to read the T&C and, if they accept them, to click on "Validate." By clicking, the User acknowledges having read the T&C, understood them, and fully accepts all their provisions without restriction or reservation. Once the T&C are accepted, the User can log in using the login credentials previously provided. The User agrees to provide and maintain accurate, up-to-date, and complete information about themselves. BAD SPECIES' liability cannot be incurred under any circumstances in the event of a delay or impossibility of accessing the Site due to incorrect or incomplete information entered by the User during their Account creation request. In this regard, the User can modify their personal information and password at any time directly from their Account. The User's login credentials (username and password) are personal and confidential. The User must securely store their login credentials and agrees not to disclose them to third parties for any reason, in any way, or in any form. The User also agrees to ensure that they log out properly at the end of each Site usage session. In the event of loss, forgetfulness, or theft of their authentication elements, the User must change their password as soon as possible by clicking on the "Forgot Password" button located under the login credential entry form. The User will then be prompted to create a new password. Under no circumstances can BAD SPECIES be held responsible for the loss, theft, or forgetfulness of the User's authentication elements or their fraudulent use. The User is solely responsible for accessing and using the Site with their authentication elements. 4.3 Equipment Access to the Site requires the User to have computer equipment (including a tablet or smartphone) and a high-speed internet connection. All costs associated with accessing the Site and its use, whether hardware, software, or internet access fees, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning and appropriate security of their computer equipment and internet access. 4.4 Site Availability The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of force majeure or an event beyond the control of BAD SPECIES and unless interrupted, suspended, or limited due to maintenance and/or updates necessary for the proper functioning of the Site. BAD SPECIES is only bound by an obligation of means regarding the accessibility, operation, and availability of the Site or its content. BAD SPECIES reserves the right to interrupt, suspend, or limit access to all or part of the Site at any time, particularly due to legal or technical constraints. The User expressly acknowledges that the aforementioned suspensions, interruptions, or limitations may occur at any time without notice and that they shall not entitle them to any obligation or compensation. ARTICLE 5. USE OF THE SITE Given the nature and purpose of the Site, the User undertakes to use the Site for personal use and to use the Site in accordance with the T&C, respecting applicable laws and regulations. BAD SPECIES may suspend or terminate the User's access to the Site in case of non-compliance with the rules of use of the Site, without prejudice to any damages that BAD SPECIES may claim. ARTICLE 6. WARRANTIES BAD SPECIES declares and warrants that it has all the titles, licenses, and authorizations to provide the Site to the User. BAD SPECIES also declares and warrants that the Site it provides complies with European and national laws and regulations as well as the existing state of the art on the date of signature of these T&C. BAD SPECIES makes no other express or implied warranties, including, without limitation, as to the continuity, performance, and/or sustainability of the Site and/or its suitability for a particular use, nor does it warrant that it is free from anomalies, errors, or bugs or that it will function without failure or interruption. The Site is provided "as is" and subject to its availability. Access to the Site implies knowledge of and acceptance of the characteristics and limitations of the internet, particularly regarding technical performance, response times for consulting, querying, or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission over the internet, the absence of protection for certain data against possible misappropriation, and the risks of contamination by potential viruses circulating on the network. BAD SPECIES does not guarantee that the Site or its servers will be free of viruses, worms, Trojan horses, or any other component that may cause damage. It is up to the User to take all appropriate measures to protect their own hardware, data, and/or software stored on their computer equipment from any harm. ARTICLE 7. LIABILITY By express agreement and subject to the provisions herein, BAD SPECIES is subject to an obligation of means in providing the Site. The User expressly acknowledges having received from BAD SPECIES all the necessary information enabling them to assess the adequacy of the Site to their needs and to take all useful precautions for its use. No advice or information, whether oral or written, obtained by the User during the use of the Site, may create warranties not expressly provided for in the T&C or hold BAD SPECIES liable for damages of any kind caused to the User or third parties due to the User's improper use of the Site, in violation of the provisions of this article and more generally, the non-compliance with the T&C. The User is solely responsible for the proper use, with discernment and judgment, of the Site. The User is responsible for any damage occurring to their computer system, the Site, and/or its content, as well as the loss of data that may result from their use of the Site. In this respect, the User is responsible for implementing antivirus and other security measures for their computer system. BAD SPECIES is only liable for direct damages that may be caused to the User due to the improper execution and/or non-performance of the obligations incumbent upon it under the T&C. Under no circumstances shall BAD SPECIES be liable for any indirect damages of any kind suffered by the User. The User acknowledges that BAD SPECIES remains free to correct and/or modify the Site at any time and without notice, and that such correction and/or modification shall not give rise to any recourse on their part. BAD SPECIES' liability cannot be incurred, in general, in all cases where the non-performance or improper performance of the T&C results from a case of force majeure or fortuitous event beyond its control. ARTICLE 8. INTELLECTUAL PROPERTY The Site and all content on the Site, edited by BAD SPECIES (hereinafter the "Protected Elements"), are protected by intellectual property rights (including but not limited to all copyrights, patent rights, trademarks, database producer rights, and any other existing or future intellectual property rights, French and international) and belong to BAD SPECIES or third parties who have authorized BAD SPECIES to exploit them. The use of the Site does not confer any ownership and/or intellectual property rights to the User over the Protected Elements, except for a personal right of access, non-exclusive and limited exclusively to the use of the Site in accordance with its purpose and in compliance with the T&C. The User undertakes not to represent, reproduce, and/or exploit the Protected Elements, in whole or in part, in any form and by any means, without the prior written consent of BAD SPECIES. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute, or transfer all or part of the Site, create derivative works from the Site, or authorize a third party to commit such acts, without the prior written consent of BAD SPECIES. Non-compliance with the provisions of this article constitutes a violation of the intellectual property rights of BAD SPECIES and/or its licensors and may result in civil and criminal proceedings. ARTICLE 9. PERSONAL DATA PROTECTION BAD SPECIES is concerned about the protection of the Personal Data of Site Users and undertakes to protect them in accordance with applicable regulations, in particular Regulation (EU) No. 2016/679 of April 27, 2016, known as the "General Data Protection Regulation" or "GDPR" and Law No. 78-17 of January 6, 1978, as amended, known as the "Data Protection Law" amended. ARTICLE 10. DURATION - TERMINATION 10.1 Duration The T&C come into effect upon their acceptance by the User and for the entire duration of the User's use of the Site. The User is free to deactivate their Account at any time by clicking on the "Deactivate my Account" button available on their Account, and in compliance with the general terms of sale, if applicable. 10.2 Termination In the event of the User's use of the Site not complying with the T&C, in case of the User's breach of the T&C, or more generally in case of violation of applicable laws and regulations, BAD SPECIES may terminate, as of right, without prior notice, without prior notice or compensation, all or part of the User's access to the Site. BAD SPECIES may pronounce this termination without prejudice to all other rights, actions, and remedies that BAD SPECIES may have in order to remedy the damage it may have suffered as a result of these breaches. 10.3 Consequences of Termination or End of T&C Upon termination or expiration of the T&C for any reason whatsoever, the User's Account will be immediately and automatically deactivated. BAD SPECIES will return, within a reasonable period following the User's request within ten (10) calendar days following the termination of the T&C, all Personal Data in a format readable by commonly used software. Beyond the aforementioned ten (10) days, BAD SPECIES will delete the Personal Data, excluding a copy that BAD SPECIES may archive for evidentiary purposes for the establishment, exercise, or defense of a right in court. The User's Personal Data will be archived in accordance with the conditions provided in BAD SPECIES' privacy policy. ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTIONS The T&C are executed and interpreted in accordance with French law. The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or execution of the T&C. In the event of persistent disagreement, the dispute shall be brought to the attention of the competent courts. ARTICLE 12. CONTACT For any information regarding the T&C, the User has the possibility to contact BAD SPECIES by email addressed to the following address: [bad.species@hotmail.com], or by clicking on the "Contact" button available on their Account.