Terms of Use

Preamble

crunchyvita is a web platform, available at https://www.crunchyvita.com/en (the "Site").

This Site is published by Alteora, a SAS (simplified joint-stock company) with a share capital of 10,000.0 euros, whose registered office is located at 1460 Chemin des Terriers, 06600 Antibes, France, and registered with the Antibes Trade and Companies Register under identification number 993112952 (hereinafter the "Publisher"). crunchyvita is accessible to users (the "User" or "Users").

crunchyvita is hosted by OVH, whose registered office is located at 2 Rue Kellermann, 59100 Roubaix, France. This host can be contacted at the following email address: dpo@ovh.com.

The purpose of these Terms of Use (the "Terms" or, taken as a whole, the "Agreement") is to define the terms and conditions governing the relationship between Users and Alteora. In the event of non-compliance with these Terms, Alteora reserves the right to take any measures necessary to protect its interests, including ensuring their enforcement.

Access to and use of the Site are subject to acceptance of and compliance with these Terms of Use.

The Publisher reserves the right to modify, at any time and without prior notice, the Site, the Services, and these Terms of Use, in particular to adapt to changes in the Site through the addition of new features or the removal or modification of existing features.

Users are therefore advised to consult the latest version of the Terms of Use, available at any time on the Site, before browsing.

These Terms of Use also apply, as needed, to any variation or extension of the Site on existing or future social and/or community networks.

Article 1: Purpose of the Site

The Site allows the User to access, in particular, the following services: Selling freeze-dried fruit (the "Service" or "Services").

Under these Terms, Alteora grants Users a revocable, non-exclusive, non-transferable, limited right of access to the Services for strictly personal use. Any use of the platform contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

Article 2: Access to the Site

To be eligible for the Service, the User may be an individual or a legal entity.

Alteora reserves the right to suspend or refuse access to the Site to one or more Users.

Article 3: Site Management

The Publisher implements the technical solutions necessary to provide continuous access to the Site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time, without prior notice. Such an interruption may in particular be necessary for maintenance of the Site or its content, or for any other reason deemed necessary by the Publisher for the proper functioning of the Site.

Use of the Platform requires an internet connection and browser. The platform is accessible at the following address: https://www.crunchyvita.com/en.

All hardware and software necessary to access the Platform and use the Services remain the sole responsibility of the User.

Article 4: Contact

The User may contact the Publisher for any question or request for information regarding the Site, or to report any illegal content or activity, by email at contact@crunchyvita.com.

Article 5: Use of the Platform's Services

1.1 User Obligations

Users shall not:

  1. transmit, publish, distribute, save, or destroy any material, in particular crunchyvita content, in violation of applicable laws or regulations regarding the collection, processing, or transfer of personal information;
  2. disseminate data, information, or content that is defamatory, insulting, obscene, offensive, violent, or that incites violence, or that is political, racist, or xenophobic in nature, and more generally any content contrary to applicable laws and regulations or to accepted standards of decency;
  3. reference or create links to any content or information available from crunchyvita's sites, except with the express, prior, and written consent of Alteora;
  4. use information, content, or any data present on the Site in order to offer a service considered competitive with crunchyvita;
  5. sell, exchange, or monetize information, content, or data present on the platform or Services offered by the Platform, without the express written consent of Alteora;
  6. engage in reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to obtain the source code related to any underlying intellectual property used to provide all or part of the Services;
  7. use software, manual or automated devices, coding robots, or other means to access, explore, extract, or index any page of the Site;
  8. endanger or attempt to endanger the digital security of crunchyvita. This includes attempts to control, scan, or test the vulnerability of the system or network, or to violate security or authentication measures without prior express authorization;
  9. counterfeit or use the products, logos, trademarks, or any other element protected by Alteora's intellectual property rights;
  10. simulate the appearance or functioning of the Site, for example by mirroring it;
  11. disrupt or interfere, directly or indirectly, with crunchyvita, or impose a disproportionate burden on the Site's infrastructure, or attempt to transmit or activate computer viruses via or on the Site;

It is hereby noted that violations of system or network security may lead to civil and criminal prosecution. Alteora verifies the absence of such violations and may call upon judicial authorities to prosecute, where applicable, Users who have participated in such violations.

Users agree to use the Site fairly, in accordance with its purpose and applicable legal and regulatory provisions, these Terms, and prevailing practices.

1.2 User Customer Accounts

The Publisher reserves certain crunchyvita services for Users who have registered on the Site; this applies in particular to paid services. When registering, the User agrees to provide valid and truthful information. In particular, the User agrees to provide the Publisher with an email address so that the latter can communicate information to them.

Any information communicated by email from the Publisher to the User shall be deemed to have been read by the User.

Any User duly registered on the Site may request the deletion of their customer account; the Publisher undertakes to delete customer accounts for which it has received such a request.

Customers' personal data is deleted after 36 months of account inactivity.

Article 6: Intellectual Property

All content on the Site, including designs, text, graphics, images, videos, information, logos, icons/buttons, software, audio files, and other elements, belongs to Alteora, which is the sole holder of all related intellectual property rights.

Any representation and/or reproduction and/or exploitation, whether partial or total, of the content and Services offered by crunchyvita, by any means whatsoever, without the prior written authorization of Alteora, is strictly prohibited and may result in legal proceedings.

Article 7: Personal Data

All personal data held by Alteora is collected lawfully and fairly in accordance with the privacy policy available at: https://www.crunchyvita.com/en/privacy-policy.

This data is provided by Users who voluntarily and expressly accept these Terms, authorizing Alteora to process, disclose, or transfer this data to any third party in order to (i) allow the User to fully enjoy the Services and features offered by the Site, (ii) prevent fraud, and/or (iii) for statistical purposes.

Personal data is stored by Alteora for processing purposes in connection with the use of the Services. It is retained for as long as necessary to provide the Services and features offered by the Site.

The User remains the owner of the information concerning them that they transmit to Alteora. In accordance with Law No. 78-17 of January 6, 1978, as consolidated on March 24, 2020, the User has the right to access, rectify, and delete personal data concerning them, as well as the right to object to the disclosure of this data to third parties for legitimate reasons.

The User may exercise their rights by writing to the following email address: contact@crunchyvita.com.

A response to the User's request will be sent within 30 days.

Article 8: Liability

It is hereby noted that data published by Users and information shared by them may be captured and used by other Users or third parties. In this regard, Alteora does not guarantee the protection of ownership of such data; it is the User's responsibility to take all necessary measures to protect the ownership of their data.

Alteora does not guarantee uninterrupted or error-free operation of the Services; in particular, Alteora's liability cannot be engaged in the event of interruption of access to the Platform due to maintenance operations, updates, or technical improvements.

In any event, Alteora shall under no circumstances be liable for indirect or unforeseeable losses or damages suffered by the User or any third party, including without limitation any loss of profit, unsuccessful investment, inaccuracy or corruption of files or data, damage to image or business, loss of revenue or profit, loss of clientele, or loss of opportunity, on any basis whatsoever.

Furthermore, Alteora shall not be liable for any delay or failure to perform this Agreement justified by a case of force majeure, as defined by French case law.

Article 9: Evidence Agreement

Computer systems and files constitute valid evidence in the relationship between Alteora and the User.

Accordingly, Alteora may validly produce, as evidence in any proceeding, the data, files, programs, records, or other elements received, sent, or stored by means of the computer systems used, on any digital or analog media, and may rely on such evidence unless a manifest error is shown.

Article 10: Severability

The fact that any provision of the Agreement is or becomes illegal or unenforceable shall not in any way affect the validity or enforceability of the other provisions of the Agreement.

Article 11: Dispute Resolution

The conclusion, interpretation, and validity of this Agreement are governed by French law, regardless of the User's country of origin or the country from which the User accesses crunchyvita, and notwithstanding conflict of law principles.

In the event of a dispute concerning the validity, performance, or interpretation of this Agreement brought before civil courts, it shall be submitted to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly granted, even in cases of summary proceedings or multiple defendants.

The User is informed that they may, in any case, resort to conventional mediation or any alternative dispute resolution method (such as conciliation) in the event of a dispute.

Article 12: Duration of the Terms of Use

These Terms of Use are entered into for an indefinite period; the User is required to comply with them from the start of their use of the Services.

The Publisher reserves the right to modify this document at any time and without prior notice. Users will be informed of each update to the document.