TERMS AND CONDITIONS OF USE

CYRIA is a société par actions simplifiée (simplified joint-stock company), whose registered office is at Mas de Sauveterre, 165 chemin de l'Aubère, 13100 Aix-en-Provence (France), registered in the Aix-en-Provence Trade and Companies Register under number 494 306 053 (hereinafter referred to as "CYRIA"). "CYRIA).

The present Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") are governed by French law. CGU ) define the legal framework for the use of the services offered by CYRIA and accessible on the "Cyria" web platform designed, developed and operated by CYRIA (hereinafter referred to as the "CYRIA Platform"). Platform ").

These GCU also define the legal framework of the relationship between CYRIA on the one hand and any user of the services offered by CYRIA via the Platform on the other hand (hereinafter referred to as the "Users"). Users "). CYRIA and the Users are hereinafter jointly referred to as the "Users". Parts "and individually a " Part ".

is published by CYRIA. It is hosted by Titan Datacenters France, located at 45 Allée des Ormes E. Space Park Bâtiment D, 06250 Mougins.

Christophe Debrégeas is the Platform's publishing director.

CYRIA can be contacted at the address indicated at the head of these Terms and Conditions, via the contact form available on the Platform or by e-mail at the following address [email protected].

ARTICLE 1: DEFINITION

Control means any order placed by a User for a customized Product as part of using the Services on the Platform;

Account means the personalized area accessible on the Platform, allowing Users to access all the functionalities offered by CYRIA ;

Contents means any text, graphic, image, music, video or other element that may be placed online by a User;

Personal data : refers to the personal data within the meaning of Regulation No. 2016/679 known as the General Data Protection Regulation ("GDPR") that the User collects, enters, fills in, transmits or processes in connection with the use of the Platform ;

Intellectual Property Rights Intellectual property: refers to all literary and artistic property rights (copyright and neighbouring rights) and industrial property rights (trademarks, designs and patents) provided for in the French Intellectual Property Code and international treaties;

Identifiers User ID: designates both the User's own identifier and the connection password chosen by the User.

Service(s) designates all services provided by CYRIA as part of its business of designing, manufacturing and marketing custom-designed street furniture;

Product(s) designates the customized Product ordered by the Customer;

Service(s) means any service offered by CYRIA via the Platform and, more generally, all functionalities, uses and information accessible via the Platform, as defined in Article 3 of these GCU;

User(s) means any person who has an Account and who uses the Platform or all or part of the Services it offers.

ARTICLE 2: PURPOSE AND SCOPE

2.1 The purpose of these GCU is to define the conditions under which CYRIA provides its Services to Users. They therefore apply to any subscription to Services by Users.

By using the Platform and its services, the User unreservedly accepts these GCU. Consequently, the User declares and acknowledges having read these GCU.

2.2 These GCU are concluded between the Parties for the duration of the User's subscription to the Services. CYRIA reserves the right to modify the present GCU. CYRIA will inform each User by e-mail to the address indicated on the account created on the Platform, of any modification to the present GCU. Should the User not accept these modifications, he/she is free to cease using the Platform and, if applicable, to terminate the services. In the absence of termination, the new GCU will be applicable from the next use or subscription expiry date following the date on which the new GCU take effect.

ARTICLE 3: DESCRIPTION OF SERVICES

As part of its range of Services, CYRIA offers a Service, accessible on the Platform, for the preparation and personalization of the Product by the User, via the creation of a personalized space allowing the User to store information and elements specific to the creation of the Product.

CYRIA reserves the right to create any features it deems useful.

Use of the Platform may give the User access to the following Services:

• Creating a personal account on the Platform ;
• Download, store and manage documents ;
• Composition of a wishlist to draw up a personalized quote by e-mail;
• Assistance messaging and support for Users.

The Platform and its Services are accessible to any User with Internet access. All costs relating to access to the Platform, whether hardware, software or internet access, are the sole responsibility of the User.

ARTICLE 4: ACCOUNT CREATION

4.1 Access to the Platform is via the creation of an Account by the User. When registering, the User must provide the following information (hereinafter referred to as the "User Data") Identifiers ") :

• Full name ;
• Profile type (drop-down menu) ;
• Company name ;
• E-mail address :
• Password ;
• Postal address;
• Phone number.

The User will receive an e-mail at the e-mail address indicated, in order to validate his/her e-mail address and access his/her Account. The Identifiers chosen by the User are intended to reserve access to the User, protect the integrity and availability of the Platform and the confidentiality of the User's data.

4.2 Identifiers are personal and confidential, and may only be changed at the User's request. The User undertakes to keep secret the Identifiers he has chosen and not to divulge them in any form whatsoever.

The User warrants that he will protect his Account information and will be fully responsible for any use of his Account by himself or by a third party. He/she must ensure that his/her Identifiers are not used or likely to be used by third parties.

In the event of loss of an Identifier, the User shall inform CYRIA and use the procedure set up by CYRIA to recover Identifiers.

4.3. CYRIA may request certain additional information in order to verify the identity of all potential Users of the Platform. By accepting the present GCU, Users agree to provide all of the aforementioned information at CYRIA's first request. Otherwise, the Services will not be accessible.

4.4 The User undertakes to provide accurate and truthful personal information and to update it systematically, via his/her Account, in order to guarantee its relevance and accuracy throughout use of the Platform. The User undertakes not to create or use, under his/her own identity or that of a third party, Accounts other than the one initially created.

4.5 In the event of non-compliance with the provisions of these GCU, CYRIA reserves the right to modify or terminate access to the Platform at any time, without notice and without liability to the User.

CYRIA also reserves the right to remove any Content from the Platform, for any reason and without prior notice. However, deleted Content may be retained by CYRIA in order to comply with certain legal obligations.

CYRIA accepts no responsibility for the loss or misuse of this information.

ARTICLE 5: QUOTATION

The prices presented on the CYRIA website are indicative and exclusive of tax.

From his Account, the User can draw up a wishlist which he can communicate to CYRIA in order to request and receive a personalized quote (hereinafter referred to as the " Quote ").

CYRIA will study the User's project and send a Quotation based on the information provided by the User.

The Quotation is free of charge and sent to the User by e-mail to the e-mail address provided when the Account is created.

The Quotation specifies, in particular, the characteristics of the Product to be produced, the total cost of the Product, and the estimated delivery times for the said Product.

The use of the Services by the User giving rise to the transmission of a Quotation, does not imply the obligation for the User to place an Order for Products.

The terms and conditions of sale relating to prices, financial conditions, delivery and installation of the Products are defined by CYRIA's general terms and conditions of sale which are communicated to the User who wishes to place an Order and at any time upon request by the User.

ARTICLE 6: AVAILABILITY OF SERVICES - MODIFICATION

6.1 The Services are accessible 24 hours a day, 7 days a week, subject to the provisions below.

In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services, the User who has subscribed to the Services from a member state of the European Union, will have access to the same content and in the same way when temporarily using the Services in another member state, at no additional cost. However, CYRIA cannot guarantee the same quality of service as that provided to the User in his/her country of residence.

6.2 CYRIA reserves the right to make any and all modifications and improvements to the Services, provided that this does not result in any alteration of quality or substantial modification of the functionalities of the Services.

6.3 Temporary interruptions to the Services will, as far as possible, be notified via the Platform at least 24 hours before they occur, except where such interruptions are of an emergency nature.

Any definitive closure of the Services will be notified via the Platform at least one (1) month before it occurs.

ARTICLE 7: OBLIGATIONS

7.1 Obligations of the User

The User agrees to abide by the terms of these GCU.

The User undertakes to use the Platform in compliance with the laws and regulations in force.

The User agrees to refrain :

• Use the Platform in any manner that is unlawful, for any purpose that is unlawful or in any manner that is inconsistent with these TOU;
• Sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the Content appearing on the Platform or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code or use any software enabling or comprising all or part of the Platform;
• Attempt to gain unauthorized access to the Platform's computer system, or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or deteriorates the functionality of the Platform;
• To use the Platform for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Platform;
• To infringe CYRIA's Intellectual Property Rights and/or to resell or attempt to resell the Content to third parties;
• To denigrate the Platform, the Contents and CYRIA on social networks and any other means of communication.

If, for any reason whatsoever, CYRIA considers that the User is in breach of the present GTC, CYRIA may at any time, and at its sole discretion, suspend the User's subscription temporarily or permanently, remove the User's access to the Platform and take any measures including civil and criminal legal action against the User.

The User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

Consequently, the User assumes full responsibility for the accuracy, integrity and legality, reliability and timeliness of the information transmitted to CYRIA in the context of these GCU.

The User acknowledges that CYRIA cannot be held liable in the event that the information transmitted is not free of rights or infringes the rights of a third party.

7.2 CYRIA's obligations

In this respect, CYRIA undertakes to transmit to Users, upon first request, all elements justifying CYRIA's compliance with European and French standards relating to online platforms.

CYRIA undertakes to take all necessary care and diligence to provide quality services in accordance with the practices of the profession and with full respect for the interests and personal values of the User.

More generally, CYRIA undertakes, throughout the duration of the present GTC, to regularly inform the User of any useful information of which he may become aware.

ARTICLE 8: WARRANTY

Services related to the use of the Platform are provided on an "as is" and "as available" basis.

CYRIA does not guarantee an error-free, uninterrupted and secure supply of the Platform. CYRIA is not bound by any obligation to provide personalized technical or other assistance. CYRIA disclaims all warranties, express or implied, in particular concerning the quality and compatibility of the Platform for the use that will be made of it.

CYRIA does not guarantee that the information transmitted by the Users cannot be the object of intrusion by unauthorized third parties, nor that it cannot be corrupted or downloaded, nor that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

ARTICLE 9: LIABILITY

The User acknowledges and agrees that CYRIA shall not be liable to the User for any direct, indirect, incidental, special, consequential or exemplary damages as well as damages for loss of profits, customers, use, data or other intangible losses resulting from :

• The use or inability to use the Platform or Services;
• The cost of acquiring substitute goods and Services resulting from goods, data, information or Services purchased or obtained, or messages received or transactions conducted in, through or from the Platform or its Services;
• Unauthorized access or alteration of transmissions or data;
• Statements or conduct of third parties on the Platform or the Services offered;
• Any other problem related to the Platform or Services;

CYRIA reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Platform and/or the Services (or any part thereof) with or without notice.

CYRIA shall in no event be liable to Users or third parties for any modification, suspension or interruption of the Platform and/or Services.

CYRIA shall in no event be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of (or reliance on) the Platform, the Services or the Content.

ARTICLE 10: INTELLECTUAL PROPERTY

The general structure of the Platform, and all the elements composing it (such as logos, domain names, phonographic or videographic recordings and their associated elements, including photographs, images, texts and biographies of authors, performers and/or any other beneficiaries of the phonographic or videographic recordings, as well as the visuals of the packaging of these recordings) are the exclusive property of CYRIA and/or its licensors. All these rights are reserved for the entire world.

The name, logos, designs, stylized letters, figurative marks, and all signs represented on the Platform are and will remain the exclusive property of CYRIA.

No title or right whatsoever in any element or software shall be obtained by downloading or copying elements of the Platform. The User is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Platform and the elements and software contained therein, nor from selling or participating in any sale in connection with this Platform, the elements of the Platform or any related software.

CYRIA grants the User a non-exclusive license to use the Platform. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of use of the Platform.

Any use by the User of the corporate names, trademarks and distinctive signs belonging to CYRIA is strictly prohibited without the express prior consent of CYRIA.

The Content available as part of the Services are digital files protected by national and international provisions on copyright and related rights. As such, and in accordance with the provisions of the French Intellectual Property Code, they may only be used for exclusively private purposes. Any use other than for private purposes exposes the User to civil and/or criminal prosecution.

ARTICLE 11: PERSONAL DATA

In accordance with the French Data Protection Act of January 6, 1978 and the European Data Protection Regulation (RGPD), the User is informed that CYRIA collects certain personal information in order to process and execute its Services on the Platform.

CYRIA will implement all technical and organizational measures necessary to respect the protection of Personal Data. CYRIA undertakes to limit the amount of Personal Data processed from the outset.

The terms and conditions for collecting and processing Personal Data are defined in the Privacy Policy available on the Platform.

ARTICLE 12: DURATION - TERMINATION OF SERVICES

12.1 Subscription to the Services comes into effect when CYRIA sends said confirmation e-mail to the User, for a period of 5 years.

This subscription will be tacitly renewed for a period identical to that initially subscribed.

12.2 The User may decide not to renew his subscription from his Account by clicking on "Delete Account". The cancellation will be effective immediately.

The User may terminate his subscription, without notice or compensation, in the event of a serious breach by CYRIA of its obligations as defined in these GCU.

12.3 Without prejudice to any damages CYRIA may claim, CYRIA reserves the right to terminate the User's subscription to the Services automatically and in advance, without notice or compensation, in the event of :

• Non-compliance by the User with these GCU, and in particular non-compliance with CYRIA's Intellectual Property rights, multiple simultaneous connections to the same account, provision of false information when registering for Services;
• Actions contrary to CYRIA's interests.

ARTICLE 13: CUSTOMER SERVICE

CYRIA provides the User with a customer service department whose mission is to answer any questions the User may have concerning his Account and the Services.

For any request for information, clarification or complaint, the User must first contact CYRIA's customer service, in order to allow CYRIA to try to find a solution to the problem.

Customer service can be reached using the following contact details:

• By e-mail to [email protected];
• Phone +33(0)4 42 59 30 97;
• By post to the following address: Mas de Sauveterre, 165 chemin de l'Aubère, 13100 Aix-en-Provence, France.

The customer service department makes every effort to respond to requests within a reasonable time.

ARTICLE 14: FORCE MAJEURE

Any event beyond CYRIA's control and against which it could not reasonably protect itself constitutes a case of force majeure and suspends the obligations of the parties, such as, but not limited to: a strike or technical failure (EDF, ERDF, telecommunications operators, Internet access or hosting providers, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which CYRIA depends and/or networks that may replace it.

CYRIA may not be held responsible, or considered to have failed in its obligations under the present GTC, for non-performance linked to a case of force majeure as defined by French law and jurisprudence, provided that it notifies the other party on the one hand, and that it does its utmost to minimize the damage and perform its obligations as soon as possible after the cessation of the case of force majeure on the other hand.

ARTICLE 15: COMPLETENESS

The provisions of these GCU express the entire agreement between the Users and CYRIA. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present GTU, as well as over any other provision appearing in the documents exchanged between the parties and relating to the object of the GTU, except in the case of an amendment duly signed by the representatives of both Parties.

ARTICLE 16: NON-WAIVER

The fact that one of the parties to these TOU has not required the application of any clause, whether permanently or temporarily, shall in no way be considered as a waiver of that party's rights arising from said clause.

ARTICLE 17: NULLITY

If one or more provisions of these GCU are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other stipulations of these GCU will retain all their force and scope. If necessary, CYRIA undertakes to immediately remove and replace said clause with a legally valid clause.

ARTICLE 18: SECURITIES

In the event of any difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed to be unwritten.

ARTICLE 19: APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GCU shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.

The Parties agree to submit to conventional mediation or any other alternative dispute resolution procedure in the event of any dispute arising in connection with the interpretation and/or performance of this Agreement or in relation to this Platform.

Any dispute that cannot be resolved amicably between the Parties concerning the interpretation, execution and termination of the present GTC shall be submitted by either Party to the jurisdiction of the courts of the jurisdiction of CYRIA's registered office.