General Terms of Use of the DataXtrak Platform

Date of last update: 21/10/2026

Courtesy translation – working draft – the French version prevails

The "DATAXTRAK" platform is accessible via an internet browser at the following URL: https://dataxtrak.visionary-tech.fr/trail (hereinafter the "Platform").

The Platform is a web application designed to enable anyone to extract the information contained in documents by means of artificial intelligence processing, and to organise it into structured databases.

The Platform is published and developed by the company Cristella HARSINGH (VISIONARY TECH), sole trader (entrepreneur individuel), registered under SIREN number 943 216 465, whose registered office is located at 1050 Avenue du Mondial 98 – 3400 MONTPELLIER (hereinafter "VISIONARY TECH").

VISIONARY TECH can be contacted at the following details:

• By post at the address: VISIONARY TECH, 1050 Avenue du Mondial 98 – 34000 MONTPELLIER;
• By e-mail: contact@visionary-tech.fr;
• By telephone: +33 6 89 21 83 01, Monday to Friday (excluding public holidays) from 9 a.m. to 1 p.m. and from 2 p.m. to 5 p.m., mainland France time.

1. Definitions

Terms beginning with a capital letter, as defined below, shall have, in these General Terms of Use (hereinafter the "CGU"), the meaning given to them below:

2.01. "Data Processing Agreement": means the agreement relating to the processing of personal data entered into between the Customer, as controller, and VISIONARY TECH, as processor, in accordance with Article 28 of the GDPR. This agreement does not apply to Customers who are consumers and who carry out processing falling within the household exemption;

2.02. "Subscription": means the paid subscription entered into by the Customer with VISIONARY TECH, giving the Customer access, for a determined period, to the functionalities of the Platform;

2.03. "Customer": means any natural or legal person holding an Account, who has accepted these CGU and who uses the Platform under a Subscription;

2.04. "Account": means the Customer's personal space, accessible by means of confidential Credentials, enabling the management of its Subscription and access to the Platform;

2.05. "User": means any natural person authorised by a Customer to access the Platform through an Account attached to the Customer, and to use it within the limits of the rights conferred by the role assigned to them, namely: administrator or user, each of these roles determining a distinct level of access and permissions within the Platform;

2.06. "Site": means the website published by VISIONARY TECH and accessible at the following URL: https://visionary-tech.fr/.

2. Subject matter and scope

The purpose of these CGU is to define the terms and conditions under which VISIONARY TECH makes the Platform available to the Customer, as well as the conditions of use of the Platform by the Customer and the Users.

These CGU are made available to the Customer and the Users on the Site, where they can be consulted directly.

3. Acceptance of the general terms

Access to and use of the Platform are subject to the prior acceptance and compliance with these CGU by the Customer and the Users.

Acceptance of these CGU is evidenced by ticking the box "I accept the General Terms of Use and the Privacy Policy" when creating an Account.

Acceptance of the CGU constitutes full and unreserved adherence by the Customer and the Users to all the clauses and provisions they contain, without exception or reservation.

The Customer undertakes to procure the acceptance and observance of these CGU by the Users to whom it authorises access to the Platform.

The applicable CGU are those in force on the date of subscription to a Subscription to the Platform, and may be amended at the initiative of VISIONARY TECH under the conditions set out in Article 19 below.

4. Creating an account

Access to the Platform and to all of its functionalities is subject to the prior and mandatory creation of an Account.

5.01. Creating an Account:

The creation of an Account is reserved for:

• Adult natural persons with full legal capacity to contract;
• Emancipated minors;
• Legal entities acting through a duly authorised natural person.

By creating an Account, the Customer declares and warrants that it fulfils the above conditions and that it has the legal capacity necessary to be bound by these CGU.

To create an Account, the Customer must:

1. Go to the Platform's registration page:
   • Either from the Site, via the "Try the Platform" button;
   • Or directly via the link: https://dataxtrak.visionary-tech.fr/trail.
2. Provide the following mandatory information:
   • A valid e-mail address;
   • In the case of a legal entity: the company name or corporate name and the surname and first name of the natural person authorised to create an Account / In the case of a natural person: surname and first name;
   • A telephone number;
   • Optionally, the business sector.

   Then click on the "Continue" button.

   A registration confirmation e-mail is sent instantly to the e-mail address provided, together with the access Credentials to the Platform.

3. Optionally, the Customer may tick a box to receive useful information relating to the use of the Platform (news, referral tracking, prospect alerts, etc.).

   The Customer may proceed with the creation of its Account with or without ticking this box by clicking on the "Continue" button.

4. Click on the "Continue" and "I accept the General Terms of Use and the Privacy Policy" buttons.

The Customer undertakes to provide accurate, complete and up-to-date information when creating its Account.

The Customer undertakes to update its personal information in the event of changes, directly from its Account within the Platform.

No Account opening fee is charged.

The Customer may at any time delete the Account from its customer area. The data is permanently deleted within thirty (30) days.

5.02. "Enterprise" plan:

For the "Enterprise" plan, VISIONARY TECH creates the Account for the Customer on the Platform within a reasonable time from the signing of the quote.

VISIONARY TECH opens an administrator account in the name of the person designated by the Customer (hereinafter the "Administrator"). The Administrator's login Credentials are sent to them by a secure means.

From their space, the Administrator may create, modify, suspend and deactivate the accounts of the Customer's Users, and define their permissions, in particular access to all or part of the databases, folders and functionalities.

The Customer is solely responsible for the designation of the Administrator and for the acts carried out by the Administrator.

5.03. Login Credentials:

Access to the Account is gained either by means of a passwordless authentication system, based on a single sign-on device (SSO), or by means of an identifier associated with a password (hereinafter the "Credentials").

When SSO is activated, the authentication of Users is carried out exclusively by the identity provider. VISIONARY TECH merely verifies the validity of the attestations transmitted to it and has no knowledge of any password.

The Customer is solely responsible for the security, configuration and availability of its identity provider.

The Customer acknowledges that this authentication method constitutes a secure procedure suited to the Platform offered by VISIONARY TECH.

5.04. Responsibility for the Credentials:

The Credentials are personal and confidential. The Customer is solely responsible for their safekeeping, their use and their confidentiality.

The Customer is solely responsible for:

• The use of its Credentials and of all actions carried out from its Account (or that of a User), whether or not the Customer is the author. Any login to the Account or transmission of data carried out using the Customer's Credentials shall be deemed to have been carried out by the Customer, and under its sole responsibility;
• The accuracy and accessibility of the e-mail address associated with its Account.

VISIONARY TECH cannot be held liable for damage resulting from the use of the Account by a third party to whom the Customer has voluntarily or involuntarily disclosed its Credentials, or who has accessed the Account as a result of the Customer's negligence in safeguarding its Credentials.

In the event of loss, theft, misappropriation or fraudulent use of its Credentials, or more generally in the event of a breach of the security of its Account, the Customer must immediately inform VISIONARY TECH by e-mail at the following address: contact@visionary-tech.fr.

VISIONARY TECH will then temporarily block the Account as soon as possible and will provide the Customer with the instructions necessary to reset its Credentials.

The Customer remains responsible for any use of its Account and of the Platform until VISIONARY TECH has effectively been notified of the incident and has effectively blocked the Account.

The Customer may at any time change the e-mail address associated with its Account from its personal space within the Platform, following the procedure provided for that purpose.

From the validation of the new e-mail address, it becomes the Customer's new identifier and replaces the previously registered address.

In the event of difficulty accessing its e-mail account or of non-receipt of login codes, the Customer is invited to contact VISIONARY TECH using the contact details indicated in these CGU.

VISIONARY TECH cannot be held liable for impossible or delayed access to the Account resulting from a malfunction of the e-mail service of the Customer or of a third party.

5.05. Suspension and deletion of the Account:

VISIONARY TECH may temporarily suspend access to the Account of the Customer and/or of one of its Users, with or without notice, in particular in the event of a breach of these CGU, suspected suspicious or fraudulent behaviour, non-payment of the Subscription, or technical maintenance of the Platform.

During the suspension, the Customer and the Users cannot access either the Account or the Platform.

This suspension gives rise to no right to a refund or to any compensation for the Customer.

The Customer may request the deletion of its Account at any time, directly from its personal space within the Platform or by contacting VISIONARY TECH's customer service at contact@visionary-tech.fr.

The Customer has a period of thirty (30) days from the date of its deletion request to cancel it. After this period, the deletion will be final and irreversible.

Termination or non-renewal of the Subscription by the Customer also automatically results in the deletion of the Account.

Lastly, VISIONARY TECH reserves the right to permanently delete a Customer's Account, without notice or compensation, in the event of:

• Serious or repeated breach of these CGU by the Customer and/or one or more Users;
• Fraudulent or unlawful behaviour;
• No login to the Account for more than twenty-four (24) consecutive months (this period corresponds to the CNIL's recommendations on the retention of customer account data);
• Provision of false or misleading information;
• Persistent non-payment despite a formal notice.

The deletion of the Account entails:

• The termination of the current Subscription unless it has already been terminated or not renewed;
• The permanent and irreversible deletion of all data associated with the Account;
• The impossibility of accessing the Platform and its functionalities.

5. Trial period

Upon creation of the Account, VISIONARY TECH grants the Customer free access to the Platform in order to allow the Customer to evaluate its functionalities before any subscription (hereinafter the "Trial Period").

The Trial Period runs for a period of two (2) months from activation of the Account. It is limited to one hundred (100) processed documents.

The Trial Period ends by operation of law upon the first of the two limits to be reached: expiry of the period or exhaustion of the quota of processed documents.

Upon expiry of the Trial Period, access to the Platform is suspended until a Subscription is taken out.

In the absence of a subscription, no sum is due and the data is deleted within thirty (30) days from the end of the Trial Period.

6. Subscribing to the subscription

Access to the Platform, outside the Trial Period, is conditional upon taking out a Subscription as selected and accepted by the Customer.

At the end of the Trial Period or directly upon creation of the Account, the Customer may choose a Subscription plan from among those offered on the Site, under the terms and conditions in force on the day of registration.

With regard to the "Enterprise" plan, VISIONARY TECH sends a quote tailored to the Customer's needs.

At any time, the Customer may:

• Obtain a summary of the contents of the Customer's basket;
• Go back over the various steps in building the basket by modifying the selected Subscription.

Once the subscription has been confirmed, the Customer will automatically receive from VISIONARY TECH, at the e-mail address provided when the Account was created, a confirmation e-mail, in French, summarising the Customer's subscription and in particular the details and price of the subscription. The Customer is advised to keep a copy of it in paper or electronic form.

All data recorded by VISIONARY TECH constitutes evidence of all transactions entered into between VISIONARY TECH and the Customer and constitutes in particular evidence of the date, nature and content of the subscription.

7. Duration of the subscription

The Subscription takes effect on the day it is taken out by the Customer, subject to receipt of payment, for a period of one (1) month. The Subscription is then tacitly renewed for periods of the same duration.

The "Pay-as-you-go" plan ("A la carte") allows the Customer to purchase a package of documents to be processed on the Platform, as determined on the Site. This package is valid for a period of three (3) months from the date of payment.

For a Customer who is a consumer, the Subscription is entered into for an indefinite period. The Subscription is invoiced for successive periods of one (1) month. Accordingly, the Customer may terminate the Subscription at any time without charge or reason. Termination takes effect at the end of the current monthly period. That period remains due and gives rise to no pro rata refund.

The Customer may notify the Customer's wish not to renew or to terminate the Subscription at any time, directly from the Customer's dedicated space on the Platform.

In the event of termination by the Customer during the Subscription, access to the functionalities of the Platform will be maintained until the Subscription expires. The sums paid in respect of that Subscription remain definitively acquired by VISIONARY TECH and are not refunded to the Customer.

The Customer is, in all cases, expressly warned that the end of the Subscription entails the end of the ability to use the Platform and the deletion of the Account.

8. Subscription price

8.01. Price:

The price of the Subscriptions is expressed in euros and is displayed on the Site.

The applicable prices are those in force on the Site at the time a Subscription is taken out. The prices are expressed inclusive of all taxes (incl. VAT). Value added tax is invoiced in addition at the rate in force on the invoicing date.

The price of the "Enterprise" plan is set by a quote accepted by the Customer.

Any document processed beyond the volume included in the plan is invoiced at fifteen cents (€0.15) excl. VAT per unit, in arrears.

The Customer may at any time view the number of documents remaining to be processed on the Platform. Documents not used during the monthly Subscription period are not carried over to the following month.

The number of Users is unlimited regardless of the Subscription plan taken out.

VISIONARY TECH reserves the right to modify the price of the Subscription at any time and to apply any commercial discounts or promotional offers to it. Any change in price will be displayed on the Site and will take effect immediately for any new subscription.

In the event of a price increase, it will not apply to ongoing Subscriptions or to their renewal.

The price of the "Enterprise" plan is revised by operation of law on 1 January of each year according to the formula P1 = P0 × (S1 / S0), where P0 is the price in force, S0 is the latest Syntec index published on the date of the previous revision (or, for the first revision, on the date of subscription) and S1 is the latest index published on the date of revision. In the event the index ceases to exist, the index officially substituted for it applies; failing that, the Parties will agree on an equivalent index.

8.02. Payment terms:

Payment for the Subscription is made by the means of payment offered by VISIONARY TECH at the time of subscription.

Payment is due upon confirmation of the Subscription, and then on each renewal date, in advance, at the beginning of the period.

An invoice is sent to the Customer by e-mail to the address provided when the Account was created, after each payment made.

The Customer may also access the history of the Customer's invoices from the Customer's personal space within the Platform.

8.03. Late-payment penalties:

In the event of late payment, the Customer is liable by operation of law, without any prior formal notice being necessary, for late-payment penalties calculated at a rate equal to three (3) times the legal interest rate in force. These late-payment penalties are calculated on the amount incl. VAT of the sum due and accrue from the payment due date until the date of actual payment of all sums due.

Furthermore, pursuant to Article D. 441-5 of the French Commercial Code, any late payment entails by operation of law, in addition to late-payment penalties, the Customer's obligation to pay a fixed recovery indemnity of forty euros (€40) for each invoice unpaid in whole or in part or paid late.

These late-payment penalties do not apply to a Customer who is a consumer.

9. Functionalities of the platform

The Platform offers the Customer, under the conditions and within the limits set out in these CGU, a set of functionalities making it possible to extract information contained in documents by means of artificial intelligence processing, and to organise it in structured databases.

The details of the functionalities described below are available on the Site.

9.01. Document import:

The Platform allows the Customer to import:

• Documents, whatever their format, individually or in batches;
• Existing spreadsheets by means of a guided import wizard.

VISIONARY TECH does not guarantee the processing of illegible, protected, handwritten or insufficient-quality documents.

Upon import, the Service carries out, by means of artificial intelligence processing, a basic clean-up of common anomalies: harmonisation of formats, normalisation of dates and removal of duplicates.

9.02. Automated extraction:

The Platform analyses the imported documents and extracts from them the information that it identifies as relevant, without any mandatory prior configuration.

The extracted information is presented to the Customer for verification. The Customer may correct, supplement or delete it.

The extracted or imported information is automatically organised into databases classified by category. Each document or record is presented in the form of a record that can be viewed and modified by the Users.

9.03. Summaries and exports:

The Customer may export all or part of the Customer's databases in Excel format, and each record in PDF format.

The Customer may select a folder and generate, by means of artificial intelligence processing, a summary of the information it contains.

Exports and summaries may be downloaded or sent by e-mail directly from the Platform.

9.04. Nature of the results:

The Customer acknowledges that extraction relies on automated processing of a probabilistic nature. The extracted information may be incomplete, inaccurate or incorrectly classified. The Customer undertakes to verify the extracted information before any use, in particular where it forms the basis of a decision, a declaration or a communication to a third party.

VISIONARY TECH is required to implement means in line with the state of the art to ensure the quality of the extraction. It does not guarantee any specific accuracy rate.

10. Hosting of the platform

VISIONARY TECH will endeavour to ensure the availability of access to the Platform as far as possible, subject to maintenance periods, technical constraints and cases of force majeure.

In this respect, VISIONARY TECH is bound only by a simple obligation of best efforts and not by an obligation of result.

It is moreover specified that it is not VISIONARY TECH, but a third party, that provides the hosting of the Platform, under the conditions defined by the third-party host concerned. These conditions may be obtained on simple request from VISIONARY TECH or from the third-party host concerned: OVHcloud.

VISIONARY TECH cannot be held liable for interruptions or malfunctions attributable to the hosting providers.

VISIONARY TECH provides maintenance of the Platform, which comprises: corrective maintenance, evolutive maintenance, and preventive and security maintenance.

VISIONARY TECH also reserves the right to suspend or terminate access to all or part of the Platform or the Account for maintenance or security reasons, without prior notification in case of urgency and without this being liable to give rise to any compensation in favour of the Customer. As far as possible, these interruptions will be carried out outside the hours of heavy use of the Platform.

In the absence of urgency, VISIONARY TECH notifies scheduled maintenance operations at the latest forty-eight (48) hours in advance.

VISIONARY TECH cannot be held liable for unavailability related to maintenance operations necessary for the proper functioning and security of the Platform, nor for data losses or indirect damages resulting from these interruptions.

11. Use of the platform

The Customer undertakes to:

• Use the Platform in accordance with its intended purpose and in compliance with the instructions for use provided by VISIONARY TECH;
• Use the Platform in compliance with applicable law and regulations;
• Use the Platform for the Customer's own needs only.

In general, the Customer uses the Platform under the Customer's sole responsibility and at the Customer's own risk.

The Customer also undertakes to:

• Not conceal the Customer's identity or use that of another person in order to be able to create an Account, access the Platform and/or use it;
• Not disrupt the operation of the Platform;
• Not use the Platform or its technical infrastructure in an abusive, excessive or otherwise inappropriate or harmful manner.

12. Data content

The Customer retains ownership of the rights in the data that the Customer imports into the Platform. VISIONARY TECH acquires no rights in such data and has only a licence limited to the acts technically necessary for the execution of the functionalities of the Platform.

The Customer warrants that the Customer holds the necessary rights and authorisations, that the Customer's data has been obtained and is processed lawfully and that it does not infringe any third-party right. The Customer indemnifies VISIONARY TECH against any claim, action or judgment resulting from its content, including defence costs.

The Customer is prohibited from uploading, causing to be uploaded or allowing to be uploaded to the Platform any unlawful content, and in particular data:

• Obtained fraudulently or unlawfully, in particular by fraudulent access to or maintenance within an automated data processing system, by fraudulent extraction or retention of data within the meaning of Articles 323-1 et seq. of the French Penal Code, or originating from an offence the possession of which would constitute handling of stolen goods within the meaning of Article 321-1 of the same code;
• Of a child-pornographic nature, inciting hatred, violence, terrorism or discrimination, or infringing national defence secrecy;
• Obtained or held in breach of an intellectual property right, of trade secrets or of a confidentiality obligation enforceable against the Customer.

VISIONARY TECH is under no general obligation to monitor the Customer's data or to actively search for unlawful activities, and carries out no review of its content.

13. Updates and security

VISIONARY TECH provides, throughout the term of the Subscription, a Platform that complies with the Terms of Use, together with the updates necessary to maintain that compliance.

VISIONARY TECH may make the Platform evolve, at no additional cost to the Customer, in order to adapt it to technological developments, in particular the artificial intelligence models used, to improve its features or security, or to comply with a change in law or regulation or with the requirements of its service providers.

Where a change significantly affects access to or use of the Platform, VISIONARY TECH shall inform the Customer at least fifteen (15) calendar days in advance.

VISIONARY TECH takes all appropriate measures and implements the techniques reasonably available, taking technological developments into account, in order to preserve the confidentiality of the Customer's data and to prevent any intrusion into or interference with the automated data processing system under its control.

14. Withdrawal

For the Customer's full information, it is recalled that Article L. 221-3 of the French Consumer Code provides for a right of withdrawal of fourteen (14) days for contracts concluded off-premises between two professionals, provided that the subject matter of these Terms of Use does not fall within the scope of the Customer's main activity and that the number of employees employed by the Customer is less than or equal to five.

This right of withdrawal also applies to contracts concluded off-premises between a professional and a consumer.

Subject to meeting the conditions set out above, the Customer has a period of fourteen (14) days from the date of subscribing to the Subscription in which to exercise its right of withdrawal. Where the period expires on a Saturday, a Sunday or a public or non-working holiday, it is extended until the next business day.

The Customer exercises its right of withdrawal by sending VISIONARY TECH, before the end of the period, the withdrawal form available on the Site.

If the Customer expressly requests that the paid subscription begin before the end of the withdrawal period, the Customer remains liable, in the event of withdrawal, for an amount proportionate to the provision of the Platform until the Customer notified its decision to withdraw, in accordance with Article L. 221-25 of the French Consumer Code.

VISIONARY TECH shall refund to the Customer the sums paid, less, where applicable, the amount referred to above, no later than fourteen (14) days from receipt of the decision to withdraw. The refund is made using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to another means.

15. Liability and warranty

13.01. Liability of VISIONARY TECH:

VISIONARY TECH may be held liable to the Customer only for acts that are directly attributable to it and that have caused the Customer direct harm.

In particular, the liability of VISIONARY TECH cannot be engaged in the event of non-performance or defective performance attributable either to the User or to a third party.

The liability of VISIONARY TECH also cannot be engaged for any inconvenience or damage related to the use of the Internet, in particular loss of data, interruption of service, external intrusion, the presence of computer viruses or any other technical failure beyond the control of VISIONARY TECH.

In addition, the liability of VISIONARY TECH is totally excluded in the event of an event qualifying as force majeure, understood as including in particular the following: flood, pandemic, strike, regulation or requirement of the public authorities, cyberattack and, generally, any unavoidable and unforeseeable event beyond the control of VISIONARY TECH within the meaning given by law and case law.

In all cases, the liability of VISIONARY TECH is limited to a maximum amount corresponding to the last six (6) months of Subscription paid by the Customer. This clause does not apply to a Customer who has the status of a consumer.

13.02. Liability of the Customer:

The Customer is solely responsible for its use of the Platform.

In particular, the liability of VISIONARY TECH cannot be engaged in the event of use of the Platform that does not comply with these Terms of Use or with the regulations in force.

The Customer is also responsible for any use of its Account, whether by authorised third parties or not.

The Customer is solely responsible for verifying the extracted data, the databases compiled and the summaries generated by means of the Platform, before any export, any communication to a third party or any use. VISIONARY TECH cannot be held liable for the consequences of the export, communication or use of data containing errors, omissions or inaccuracies that the Customer has not verified or corrected.

The Customer remains solely responsible towards the third parties to whom exported or communicated data is addressed. The Customer shall indemnify VISIONARY TECH against any claim by such third parties in this respect.

13.03. Warranties:

VISIONARY TECH cannot guarantee either an improvement in commercial performance or an increase in the impact or results obtained by the Customer through use of the Platform.

VISIONARY TECH warrants that the features made available under these Terms of Use conform to their description. It is however specified that VISIONARY TECH does not guarantee either the compatibility of the Platform with all existing or future equipment, systems, browsers or environments, or the continuous and uninterrupted availability of the Platform, in particular where the Platform depends on third-party providers or is subject to maintenance, update or upgrade operations. The existence of anomalies, temporary malfunctions or occasional interruptions cannot, in itself, constitute a breach of contract.

The Customer and the Users warrant that they will use the Platform in accordance with its intended purpose, these Terms of Use and the applicable regulations. They warrant that they hold all the rights necessary in respect of the content, data and information disseminated or used through the Platform and undertake to comply with all legal and regulatory obligations, in particular as regards the protection of personal data and electronic communications.

A Customer who is a consumer also benefits from the legal guarantee of conformity of digital content and services provided for in Articles L. 224-25-1 et seq. of the French Consumer Code. No provision of these Terms of Sale may have the effect of excluding or limiting it.

16. Personal data

In connection with the provision of the Platform's features and the creation of the Account and, generally, in its exchanges with VISIONARY TECH, the Customer and the Users are required to provide a certain amount of personal data concerning them.

VISIONARY TECH processes this data as controller and in accordance with the privacy policy available on the Platform and the Site.

A Customer who is not a consumer and who carries out processing that does not fall within the household exemption is the sole controller within the meaning of the GDPR for all personal data that it processes, stores or disseminates through the Platform.

VISIONARY TECH exercises no control over the nature, content, purpose or methods of the processing of personal data carried out by the Customer through the Platform. This processing is carried out by VISIONARY TECH as processor on behalf of the Customer and in accordance with the Data Processing Agreement.

17. Intellectual property

The Platform and the Site, as a whole, and each of the elements that compose them, are the exclusive property of VISIONARY TECH or are the subject of a right of use duly granted to VISIONARY TECH.

The artificial intelligence models used by the Platform are the property of their respective publishers, from which VISIONARY TECH holds the rights of use necessary for the provision of the Platform.

VISIONARY TECH grants the Customer, for the duration of its use of the Platform, a personal, non-exclusive, non-transferable, non-assignable licence of use, which is revocable and subject to a Subscription outside the Trial Period. This right is granted worldwide.

This licence authorises the Customer to:

• Access the Platform, by means of a browser, and allow its Users to access it;
• Import documents and spreadsheets into the Platform, and have the information extracted, cleaned and structured from them by means of the automated processing features;
• View, modify and organise the databases and records compiled, and generate summaries of its files;
• Export the databases, records and summaries, download them or send them by e-mail;
• Use the Platform, including the data derived from it, for its own needs in compliance with these Terms of Use.

The Customer may not make the Platform available to third parties, nor resell, rent or sub-license it in any form whatsoever.

Furthermore, the Customer shall refrain from:

• Reproducing, modifying, adapting, translating, decompiling or disassembling all or part of the Platform;
• Circumventing the technical protection or usage-limitation measures;
• Using the Platform to design or develop a competing service.

VISIONARY TECH also remains the exclusive holder of the rights in its name, trademarks and distinctive signs.

VISIONARY TECH reserves the right to correct errors as provided for in Article L. 122-6-1, I, of the French Intellectual Property Code.

The Customer shall refrain from any act that would exceed the terms of the licence granted above and from any act of reproduction or representation of the rights in the name, trademarks and distinctive signs of VISIONARY TECH.

This licence ends when the Customer terminates the Subscription or when its Account is deleted, subject to a reasonable technical period for the effective deletion of the content from the servers of VISIONARY TECH and from backup copies.

The Customer retains all of its intellectual property rights in the documents, files and content that it imports into the Platform.

VISIONARY TECH acknowledges that the databases compiled by means of the Platform from the Customer's data are created on the Customer's initiative and at the Customer's risk. This applies in particular to the obtaining of the documents, and the verification and presentation of the data. VISIONARY TECH accordingly recognises the Customer as the producer of these databases, within the meaning of Article L. 341-1 of the French Intellectual Property Code.

18. Termination

In the event of a serious or repeated breach by one of the Parties, whether VISIONARY TECH or the Customer, of the provisions of these Terms of Use, the Party that is the victim of the non-performance may terminate the Subscription.

Termination shall take effect after a formal notice has been sent to the defaulting Party by registered letter with acknowledgement of receipt (LRAR) and has remained without effect for a period of fifteen (15) days from its receipt.

In accordance with the provisions of Article 1225 of the French Civil Code, the following are considered to be breaches of a nature to justify the application of this article:

• Breach by the Customer and/or by one of the Users of any of their obligations under these Terms of Use, in particular in the event of use of the Platform for illicit or fraudulent purposes, import of content that is contrary to regulations or infringes third-party rights, violation of the rules relating to the protection of personal data, or any harm to the security or proper functioning of the Platform, in which case VISIONARY TECH may terminate these Terms of Use.
• Breach by the Customer of its payment obligations.
• Breach by VISIONARY TECH of its obligation to make the Platform available.

Termination automatically entails the deactivation of the Account as well as the suspension or deletion of access to the Platform.

It does not give rise to any refund of sums that may have been paid for the current Subscription, without prejudice to the right of the Party that is the victim of the non-performance to claim compensation for the full extent of the loss suffered.

19. Amendment of the terms of use

VISIONARY TECH reserves the right to amend these Terms of Use at any time, in particular to adapt them to technical, legal or case-law developments relating to the use of the Platform.

In the event of a substantial amendment to the Terms of Use, the Customer will be informed by notification within the Platform and/or by e-mail. In the absence of a reply from the Customer within a period of fifteen (15) days following the notification, the Customer will be deemed to have accepted them.

In the event of refusal of the amended Terms of Use, the Customer must stop using the Platform. VISIONARY TECH reserves the right to delete the associated Account.

20. Governing law – Disputes

These Terms of Use are expressly governed by French law.

The Parties agree to give priority to the amicable settlement of any dispute that may arise in connection with the performance, interpretation, nullity, validity or termination of these Terms of Use.

Failing agreement between the Parties, any dispute, whatever its nature, shall fall within the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Montpellier. This clause does not apply to a Customer acting as a consumer.

21. Consumer mediation

This article applies to a Customer acting as a consumer.

In the event of a dispute relating to the conclusion, performance or termination of the Terms of Use, the Customer shall first send a written complaint to VISIONARY TECH, by e-mail or by post.

If this complaint does not lead to a satisfactory solution, or in the absence of a reply within a period of two (2) months, the Customer may have free-of-charge recourse to the consumer mediator on whom VISIONARY TECH depends, in accordance with Articles L. 612-1 et seq. of the French Consumer Code:

AVENIR CONSO
https://www.avenir-conso.com/
For the procedure for referral, see: https://www.avenir-conso.com/le-processus-de-la-mediation-de-la-consommation.html
197, Boulevard Saint-Germain
75007 PARIS

The Customer must refer the matter to the mediator within one (1) year from the date of their written complaint to VISIONARY TECH. The mediator may refuse to examine the dispute in the cases provided for in Article L. 612-2 of the French Consumer Code, in particular where the request is manifestly unfounded or abusive, or where the dispute has already been examined or is being examined by another mediator or by a court.

Recourse to mediation is optional. The parties remain free to accept or refuse the solution proposed by the mediator. Failing agreement, the Customer retains the option of bringing the matter before the competent court.

22. General provisions

20.01. Notifications:

Notifications provided for in the Terms of Use are sent by registered letter with acknowledgement of receipt to the address provided by the Parties. Operational exchanges may take place by e-mail.

20.02. Non-waiver:

The fact that a Party does not rely on a breach of the Terms of Use does not constitute a waiver of the right to rely on it subsequently.

20.03. Severability:

Where a provision of the Terms of Use is declared null, deemed unwritten or unenforceable by a court decision, or becomes unlawful by the effect of a legal or regulatory provision, it is deprived of effect only to that extent. The other provisions retain their full force and effect.

The Parties shall negotiate in good faith, within thirty (30) days of the decision or of the entry into force of the provision concerned, a lawful replacement provision whose legal and economic effect is as close as possible to that of the original provision. Failing agreement within this period, the provision is automatically replaced by the corresponding default statutory provision.

20.04. Independence:

Each Party acts in its own name and on its own behalf. The Terms of Use create neither agency, nor partnership, nor any relationship of subordination.

20.05. Evidence:

The Parties acknowledge the probative value of the computer records, logs and timestamps of VISIONARY TECH's systems, unless proven otherwise.

20.06. Commercial reference:

VISIONARY TECH may cite the Customer's name as a commercial reference, unless the Customer objects in writing.

23. Reversibility

The Customer may at any time request the recovery of their data with a view to transferring it to another provider or to their own infrastructure, as well as its erasure.

The reversibility process begins no later than two (2) months from the Customer's request.

At the start of the reversibility process, VISIONARY TECH has a transitional period of thirty (30) calendar days to enable reversibility. During this period, the Platform remains accessible to the Customer. VISIONARY TECH provides the Customer with reasonable assistance and ensures the continuity of the supply of the Platform as well as the security of the data.

The exportable data comprise all imported documents, extracted data, the Customer's databases, sheets and summaries, as well as the metadata enabling their reuse. They are returned in structured, commonly used and machine-readable formats. Elements specific to VISIONARY TECH, in particular its settings, processing instructions and software components, are excluded.

The Customer has a recovery period of at least thirty (30) calendar days from the end of the transitional period. At the end of this period, VISIONARY TECH fully erases the Customer's data.

These Terms of Use end upon completion of the reversibility process.

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