Terms and conditions of use

The French version of this text is the reference version and translations into other languages make it easier for speakers of other languages to become familiar with it.

LWConsulting publishes, markets and operates the Bees For Life software solution (hereinafter the " Software "). It enables the flow of information linked to the management of reports of harmful species in accordance with the European definition and other functions linked to the protection of pollinators. This application addresses the issue of Asian hornets. It organises the management of flows and processes enabling the portfolio of destruction service providers and the customer's various internal processes to be steered right through to the pest elimination stage. The software solution is designed to operate in Software As A Service mode (hereinafter the " Services ") between individual or corporate users of the Software and/or Services (hereinafter the " User (s)") equipped with a compatible terminal (smartphone, tablet, computers running IOS, Android or Windows operating systems) (hereinafter the " Terminal ").

Users may have individual profiles or professional profiles (for companies, local authorities or organisations), each acting on their own behalf or on behalf of a third party. The User accesses the Services as part of a private or public use of the Software (a "Bees For Life Use"), organised by the User under the User Licence (as defined below) and/or by any other User and/or by any third party holding a valid Bees For Life licence (e.g. company, educational establishment, public body, etc.) (the " Third Party Licence ").

Les présentes Conditions Générales d’Utilisation définissent les modalités d’accès et d’utilisation de Bees For Life par les Utilisateurs lors d’Utilisation(s) Bees For Life, pour leur utilisation personnelle (ou collective) dans le cadre de la Licence Utilisateur ou d’une Licence Tiers.

LWConsulting propriétaire de la marque Bees For Life et l’Utilisateur sont désignés ci- après le/les « Partie(s) ».

Les dispositions des CGU régiront également toutes les mises à jour et/ou mises à niveau fournies par Bees For Life qui remplacent et/ou s'ajoutent à la version du Logiciel à la date d'entrée en vigueur des CGU, sauf si une telle mise à jour et/ou mise à niveau sont accompagnées d'un contrat de licence distinct ainsi qu’à tout Contenu Utilisateur (tel que ce terme est défini).

Access to and use of the Software and/or Services require the User's prior unreserved acceptance of the GCU.

The User declares that he/she has read and accepted the GCU before the 1st use of the Services.

In any event, use of the Software and/or all or part of the Services constitutes express and unreserved acceptance of the GTUs by the User.

Acceptance of these GCU is complete and forms an indivisible whole, and the User may not choose to have only part of the GCU applied or express any reservations.

Consumer User - Due to the nature of the Services, i.e. intangible services accessible in SaS (Software as a Service) mode and whose performance began before the end of the fourteen (14) day withdrawal period with the User's agreement and after expressly waiving his right to withdraw, and in application of article L.121-21-8 of the Consumer Code, the User may not exercise his right to withdraw.

In the event that the User is a minor, access to the Software and/or Services is subject to the prior authorisation of the holders of parental authority, who guarantee the User's compliance with these GCU.

When using the Software for the first time, the Professional User creates a Bees For Life account with a designated holder enabling him/her to access his/her "Profile", to connect to the dedicated services of the application from a Terminal to create or join a Bees For Life Use (hereinafter the " User Account ").

Any entry of false, inaccurate, illegitimate, out-of-date or incomplete information or a User name containing abusive, defamatory, violent or obscene terms or, more generally, terms that are contrary to public order and morality, may give rise to suspension or closure of the User Account by Bees For Life.

The User undertakes to keep his/her login and password strictly confidential and not to communicate them to third parties, in order to avoid as far as possible any risk of intrusion or usurpation of his/her User Account. Bees For Life cannot be held responsible for any use of the User Account by a third party who has gained access to the User's login details and password in any way whatsoever.

The User undertakes not to create or use accounts other than the one initially created, whether under his/her own identity or that of a third party, without the prior express authorisation of Bees For Life. The creation or use of new accounts under the User's own identity or that of a third party without the prior express authorisation of Bees For Life may result in the immediate suspension or deletion of the User's accounts.

The User Account is personal and enables the User to access the Services as part of any Bees For Life Use organised by any User holding a valid User Licence or Third Party Licence.

As soon as a user has a right to a Bees For Life account, he is deemed to have and to be using a Bees For Life licence.

The User undertakes to access and use the Software and/or Services in accordance with the provisions of the GCU, and in compliance with the applicable legal and regulatory provisions.

The User undertakes not to access the Services by any means other than that provided by Bees For Life, unless expressly authorised in advance by Bees For Life by means of a specific contract.

The User acknowledges that access to and use of the Software is reserved for personal use on a personal basis or for the purposes of the functions that the person represents within his/her organisation and solely within the framework of Bees For Life Use, and undertakes not to make any commercial use of the Service involving any form of marketing of the Service as such, of products or services based on the Service or incorporating all or part of the latter and which would be invoiced by the Customer to third parties; with the exception of Users expressly authorised in advance in writing by Bees For Life.

Bees For Life retains all its intellectual property rights, such as in particular all trademarks, patents, utility certificates, discoveries, know-how, copyrights, neighbouring rights, software, their documentation and preparatory work, databases, database producer's rights, designs and models, company names, trade names, brand names and/or domain names (hereinafter referred to as the "Intellectual Property Rights") relating in particular to the Software, its interface, its documentation and more generally, any future development likely to benefit from protection under intellectual property law. Intellectual Property Rights ") relating in particular to the Software, its interface, its documentation and, more generally, any future development likely to benefit from protection under intellectual property law.

The GCU do not imply any transfer of Intellectual Property Rights to the User.

Bees For Life grants the User, who accepts it, a personal, non-exclusive, non-sublicensable, non-transferable right to access the Services when using Bees For Life under a User Licence, from his/her Terminal and to use the Software for a single User Account at a time, on European territory (hereinafter the " User Licence ", subject, where applicable, to full payment by the User of the applicable Bees For Life offer.

As a consequence of the foregoing, any reproduction, disclosure, dissemination, distribution, representation, adaptation, translation, modification, decompilation, marketing or sub-contracting of all or part of Bees For Life's Intellectual Property Rights by the User, whatever the purpose, medium, duration, territory or means used, is prohibited without the express authorisation of Bees For Life.

The Software and/or Services may be used by the User to generate, host and transmit content, which may be viewed by other users during Bees For Life Use and which may identify the User (hereinafter referred to as " User Content ").

The User declares that he/she is the holder of the Intellectual Property Rights relating to the User Content and/or that he/she has all the rights and authorisations relating to the User Content necessary to allow its use, reproduction, representation and distribution via the Software and/or Services in the territory of the Bees For Life Use.

The User is the owner of his/her User Content and acknowledges that he/she alone is responsible for this Content and more generally for any data that he/she creates, modifies, deletes, hosts or transfers via the Software and/or Services.

The User undertakes not to upload, download, host, display or transmit via the Software and/or the Services any User Content which may contain viruses, Trojan horses and/or any malicious software ("malware") or spyware and/or any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law and/or contain defamatory, obscene or offensive material.

As part of the provision of the Services, Bees For Life acts as host in accordance with the provisions of Article 6-I- 2 of Law No. 2004-575 of 21 June 2004 on digital confidence amended by Law No. 2018-898 of 23 October 2018 - art. 29.

Consequently Bees For Life :

• simply makes available to Users a storage space for User Content intended to be communicated to the recipients of a Use Bees For Life ;
• does not preview and has no advance knowledge of User Content;
• does not exercise any editorial control over User Content prior to loading, hosting and/or transfer via the Software.

If the User is found to be in breach of the rules governing use of the Service, Bees For Life reserves the right to delete all or part of the disputed User Content. Subject to the applicable legal provisions, Bees For Life cannot be held responsible for any failure or delay in deleting content.

7.1 Processing of Personal Data by Bees For Life

Categories: As part of the performance of the Services, Bees For Life, in its capacity as data controller, collects and processes information relating to Users and/or belonging to Users, and/or personal data enabling them to be directly identified.

The Personal Data of "individual users" that Bees For Life requires for the Purposes (as this term is defined below) are as follows: surname, first name, telephone number and e-mail address of the User. For "professional users", this data is supplemented by the business information required to use the platform.

Purposes: The Parties declare and acknowledge that the Personal Data collected when the User Account is created, or when the Services are accessed and used, is necessary to ensure access to the Services, the processing of Users' requests and, more generally, the performance of the present Agreement to which the User is a Party.

Bees For Life therefore undertakes to use Personal Data only for the following purposes (hereinafter the " Purposes ").

To create, manage and administer User Accounts; to host User Content; to identify Users and to enable the organiser of a Bees For Life Use to interact with Users in the context of a Bees For Life Use;

Secure access to User Content; notify Users of any changes to the Software's functionalities or changes to the GTC;

Carry out statistical analyses of use of the Software by Users in order to improve access to and use of the Services; respond to Users' requests;

To send Users information about Bees For Life products and their functions.

Retention period: Bees For Life retains Personal Data for the duration of the activation of the User Account. Once the User Account has been deactivated, Bees For Life may retain Personal Data for as long as is necessary to comply with any legal, regulatory, accounting or fiscal obligation to retain Personal Data (in particular for evidential purposes) or to communicate it to authorised authorities (government departments, police services, etc.). Bees For Life may, if necessary, keep Personal Data in an anonymised form.

Compliance: The collection and processing of Personal Data implemented by Bees For Life are handled in compliance with the provisions of EU Regulation No. 2016/679 of 27 April 2016 known as the " GDPR ", (hereinafter together the " Applicable Regulation ").

Security: Bees For Life attaches the utmost importance to the confidentiality of Users' Personal Data and implements the technical and organisational measures necessary to ensure their security, it being specified that the Internet is not a completely secure environment and that Bees For Life cannot guarantee the perfect security of the transmission or storage of Personal Data on this network.

Recipients: The Personal Data provided by the User at the time of registration is intended to be used solely by Bees For Life.

The User is informed that the Personal Data relating to the creation of the User Account (surname, first name, telephone number and e-mail address of the User) may be communicated to the Administrator for :

• administrative, accounting or financial management of subscriptions to the Software;
• deployment of the Software within the structure of the holder of a Third Party Licence;
• the creation of Bees For Life Users.

The User expressly acknowledges and accepts that all or part of the usage data and content generated by the User (e.g. comments, quiz results, etc.) will be transmitted to the organiser of a Bees For Life Use for the purposes of carrying out said Bees For Life Use and interaction between Users.

The User is informed that Bees For Life may subcontract all or part of the Personal Data processing operations required to carry out the Services and the Purposes. These service providers are obliged to process Personal Data in accordance with Applicable Regulations and provide appropriate security guarantees.

Users' rights: In accordance with the provisions of the Applicable Regulations (in particular Articles 15 to 22 of the RGPD), the User may at any time exercise his/her right to ask Bees For Life to deactivate the User Account, access his/her Personal Data, rectify or delete it, or limit the processing relating to the User, or the right to object to receiving the newsletter and/or commercial solicitations from Bees For Life or its partners and the right to the portability of Personal Data. The User may exercise his/her rights either by clicking on the unsubscribe link contained in each notification received by e-mail, or by notifying Bees For Life of his/her intention by e-mail to contactbeesforlife.fr.

• The User may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
• In order to preserve the security and confidentiality of Personal Data, Bees For Life reserves the right to ask Users for proof of their identity in order to verify its accuracy, prior to exercising the rights listed above; it being specified that this copy will be deleted thirty days after receipt by Bees For Life.
• In the event of unfounded or excessive requests, particularly due to their repetitive nature, Bees For Life reserves the right to invoice or not to follow up any request from a User subsequent to a request duly satisfied by Bees For Life and relating to the same subject.
• Bees For Life has appointed a Data Protection Officer whose contact address is contactbeesforlife.fr.

7.2. Processing of Personal Data by the User

The Administrator or the User may collect and process the Personal Data of users participating in a Bees For Life Use administered by the Administrator or the User. In this respect, regardless of the location of the Bees For Life Use, the Administrator or User :

• is responsible for processing the Personal Data of Users participating in the Bees For Life Usage administered by the latter, having determined the purposes and means thereof;
• chooses alone the categories of Personal Data that he/she decides to share as part of a Bees For Life Use;
• undertakes to inform and obtain the prior consent of the persons concerned when it shares personal data with third parties.

The User is hereby informed that in order to facilitate access to and use of the Software and Services by the User, cookies may be installed on the User's Terminal.

A cookie is a non-executable text file installed on the User's Terminal when using the Software.

The list of cookies can be selected in the application at the time of connection.

The User may withdraw his/her consent to the installation of cookies at any time. By notifying Bees For Life of their intention by e-mail to contactbeesforlife.fr / Or by configuring the connection settings on their Terminal by e-mail to contactbeesforlife.fr.

The User declares and acknowledges that refusing to install cookies or deleting them could affect access to the Services or their provision.

The Parties undertake to keep confidential any confidential information of any kind exchanged, collected or arising in connection with the use of the Software and the provision of the Services, throughout the term of the User Licence and for a period of five years from the end of the User Licence, for any reason whatsoever. To this end, the Parties undertake to refrain from communicating all of this information in any way whatsoever, in any form whatsoever and for any purpose whatsoever (with the exception of internal use by the Administrator) and undertake to ensure that all of its managers, employees, agents and any subcontractors comply with this obligation.

Users accessing the Software as part of a Bees For Life Use via a Third Party Licence undertake to comply with the internal confidentiality rules in force, which may be notified to them by the Administrator.

The obligations of the Parties under the terms of this Article do not extend to confidential information for which the Party receiving the information can prove :

• that it disclosed the information after obtaining the prior written consent of the other Party or that the disclosure was made by the other Party;
• that they were publicly available at the time of their disclosure by the other Party, or that they became publicly available after such disclosure through no fault of its own;
• they were lawfully received from a third party under no obligation of confidentiality;
• at the date of their communication by the other Party, they were already in the possession of the latter;
• their disclosure has been imposed by application of a mandatory legal or regulatory provision or a final judicial decision rendered by a competent court. The Party subject to such an obligation to disclose shall, as far as possible, give prior notice to the other Party and, where appropriate, request the implementation of any measures or procedures or protection of confidentiality applicable in the case.

To the extent permitted by applicable law, the Software and Services are provided "as is", which the User acknowledges and accepts.

Due to the very nature of the Internet and mobile telephone networks, Bees For Life cannot guarantee the User continuous and permanent availability of access to the Services. In this respect, Bees For Life undertakes to make its best efforts to provide the User with the following level of service: availability 24 hours a day, 7 days a week (95%);

Bees For Life does not guarantee that the Software and/or Services are free from anomalies, errors or bugs and that their operation will be uninterrupted. Consequently, Users are reminded that it is their responsibility to take all appropriate measures (in particular regular back-ups) to minimise the damaging consequences associated in particular with possible interruption of operations or possible loss of data generated by the Software as a result of its use.

Bees For Life does not guarantee the correct operation of the Software and/or Services on a non-compatible Terminal, which the User expressly acknowledges.

Bees For Life does not guarantee the accuracy, timeliness and/or completeness of User Content and/or any data and information stored, hosted, displayed, distributed and transmitted during Bees For Life Use.

Bees For Life will only be liable for direct and foreseeable damage caused by a breach by Bees For Life of its obligations hereunder.

The User undertakes to indemnify and hold Bees For Life harmless, on first demand, including in the event of a non-final court decision, against all direct damages that Bees For Life may suffer if it is held liable by a third party as a result of a claim, action or complaint relating to User Content produced by the User or information hosted, displayed or distributed via the Services by the User or as a result of use of the Services in breach of the GCU.

12.1. General provisions

Bees For Life may not be held liable in particular for:

• the nature, content and quality of the User Content;
• difficulties in accessing the Software and/or Services due to total or partial non-compliance with an obligation by the User under the GCU and/or the User Licence, and/or the use by the User of a non-compatible Terminal;
• any difficulty in accessing the Services resulting from a technical maintenance operation necessary for the proper functioning of the Services and/or in the event of updating data, updating or upgrading the Software;
• any malfunctions, slowdowns, interruptions, impossibility and/or poor conditions of access to the Services due to the very nature of the Internet network, mobile telephone networks and wireless networks and/or a failure and/or saturation of data communication networks (Internet, intranet, or wireless network) resulting in particular from the configuration, architecture and/or location of the places where the Bees For Life use in question is carried out, over which Bees For Life has no control;
• contamination by viruses of the User's data and/or software, the protection of which is the User's responsibility;
• any loss of data and damage caused to Terminals as a result of downloading data carried out by the User at his/her discretion or under his/her sole responsibility;
• malicious intrusion by third parties into User Content on the Bees For Life platform despite the security measures put in place by Bees For Life;
• misuse of the Software and/or Services by the User;
• damage to the User's Terminals, which are the User's sole responsibility;
• any misappropriation of passwords, confidential codes and, more generally, any information of a sensitive nature for the User, for which the User assumes full responsibility;
• any damage or deterioration in access to and/or use of the Services resulting from the User's refusal to install or delete cookies;
• indirect damage, i.e. all damage not resulting directly and exclusively from the partial or total failure of the Software and/or Services.

In performing the Services, Bees For Life only undertakes an obligation of means, which the User expressly acknowledges and accepts.

12.2 User Content

Bees For Life may not be held liable for User Content and any data and information displayed, stored, broadcast and/or transmitted during Bees For Life Use and over which Bees For Life has no control. Consequently, the User assumes full civil or criminal liability for the User Content and more generally for the use made of it in the context of the Services by the User and other users.

12.3. Limitation of liability

In any event, it is expressly agreed between the Parties that, subject to applicable regulations, the total, all causes combined, of compensation, damages and costs of any kind that may be borne or paid by Bees For Life in favour of the User in respect of the performance of the GCU, following a final decision handed down by a competent court, may not exceed an overall ceiling for all disputes combined of an amount before tax equal to the higher of the two amounts.T equal to the higher of the following two sums: sums excluding tax paid by the User to Bees For Life in respect of his/her User Licence during the twelve months prior to the occurrence of the event giving rise to the claim, or fifty Euros excluding VAT.

Any action, dispute or claim of any kind by the User against Bees For Life relating to access and/or use of the Software must be brought within a maximum period of 3 months from the occurrence of the event giving rise to the action, dispute or claim, failing which it will be deemed inadmissible by prescription, subject to applicable regulations.

The absence of access to the Software and/or non-performance of the Services attributable to a case of force majeure may not be the subject of any recourse. In the event of such an event preventing Bees For Life from fulfilling its commitments, Bees For Life undertakes to inform the User as soon as possible.

Bees For Life and/or the User may freely terminate the GCU if the event of force majeure persists beyond sixty days from notification to the other Party of the occurrence of the event of force majeure, without either Party being entitled to claim damages.

The User may cease to use the Software and/or Services within the scope of the contractual commitments or at any time if there is no contractual framework defined beyond the licence per use. It is the User's responsibility to notify Bees For Life of their intention to terminate the Contract by e-mail to contact@beesforlife.fr, following which Bees For Life will send an e-mail confirming the said termination. It is expressly agreed between the Parties that the GCU may be terminated immediately by Bees For Life and the User Account automatically deleted by the latter, without formal notice and without prejudice to any action by Bees For Life for damages:

Articles 5 "Intellectual Property", 7 "Personal Data", 10 "Confidentiality", 11 "Warranty", 12 "Liability", 13 "Limitations and Exclusions of Liability" will continue to apply as of the termination or cancellation of the GTU for any reason whatsoever.

Within three working days of receipt by the User of notification of termination of the User Licence for whatever reason, sent by Bees For Life by e-mail to the address shown in the User Account, the User Account will be deleted and access to the Services interrupted. It is the User's responsibility to make the necessary back-ups prior to this termination and within the period commencing on receipt of notification of termination; User Content will be definitively lost on termination.

15.1 Professional User

Subject to the express written request of the User notified by registered letter with acknowledgement of receipt no later than thirty days from the end of the Contract for any reason whatsoever, and subject to the technical feasibility of such a request, Bees For Life may proceed to destroy or return the User Content provided to Bees For Life with a view to carrying out the Services, within a maximum period of thirty days from the said written notification from the User.

This intervention is subject to prior acceptance of the Bees For Life quotation by the User.

On termination of the User Licence or deactivation of the User account, Bees For Life will, depending on the nature of the data in question and the technical complexity involved, delete and/or anonymise all the User's Personal Data communicated to Bees For Life.

This will be done by transferring computer files or digital media in a standard "flat" file.

If necessary, Bees For Life may draw up a quote for any additional costs incurred as a result of the User's specific requests in relation to the transferability of his/her data and User Content (e.g. conversion into a complex format, etc.).

In any event, the reversibility procedure implemented by Bees For Life under the Contract does not include assistance services for the User in the recovery of his/her data by a third party service provider.

Bees For Life draws the User's attention to the evolving nature of Bees For Life technology and the type of Services available. Consequently, the User is informed that Bees For Life may make changes to the content of the Software and Services, in particular to certain functionalities, as a result of technical developments, without this resulting in any alteration to the quality or characteristics of the Services for the User.

Consequently, Bees For Life reserves the right to modify the GCU in order to adapt them to any changes made to the Software and/or Services.

The User will be notified of any changes to the GTUs relating to the characteristics of the Software and/or Services by means of an information e-mail containing a hypertext link redirecting the User to the modified GTUs and containing the GTUs in PDF or compatible format or in the form of a pop-up display on the Terminal screen when the Software is launched, making use of the Software subject to the User's acceptance of the modified GTUs.

Any use by the User of the Software and/or Services subsequent to notification of the amended GTUs will constitute unconditional acceptance of said amendments.

The fact that Bees For Life does not avail itself of any of the clauses herein at a given time shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

Any dispute and/or claim relating to the conclusion, validity, interpretation, performance, execution of the GTUs, use of the Software and performance of the Services, not previously resolved amicably, shall be referred, subject to the applicable regulations, initially to the mediator and if necessary to the competent court within the jurisdiction of the courts of the Nouvelle Aquitaine region.

L'absence d'accès au Logiciel et/ou l’inexécution des Services imputable à un cas de force majeure ne pourra faire l’objet d’aucun recours. En cas de survenance d’un tel événement empêchant Bees For Life de respecter ses engagements, cette dernière s’engage à en informer l’Utilisateur dans les plus brefs délais.

BeesFoLife et/ou l’Utilisateur pourront librement résilier les CGU en cas de persistance du cas de force majeure au-delà de soixante jours à compter de la notification à l’autre Partie de la survenance du cas de force majeure, sans qu’aucune des Parties ne puisse prétendre à l’octroi de dommages et intérêts.