Terms and conditions

Preamble:
‍BackResto ("BackResto"), a company that develops and operates a solution (the "Solution"), offers businesses ("Clients") and their employees ("Users") the following services:
- HACCP regulation monitoring
- Storage of data related to HACCP regulations
Together referred to as the "Services".
The Solution is accessible to its users in "Software as a Service" (SaaS) mode on the website app.backresto.com.
The purpose of these general terms and conditions ("General Conditions") is to define the terms and conditions of use of the Solution and Services and to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the backresto.com website.
They may be supplemented, if necessary, by specific terms and conditions for certain Services, which supplement these general terms and conditions and, in the event of a contradiction, take precedence over them.
‍
1. Registration
‍This service is reserved for professionals. Unless the software is made available by a partner of BackResto, registration is done directly on the website www.app.backresto.com or via the mobile applications available on the PlayStore or Apple Store using a form filled out by the client. This registration implies full and complete acceptance of these general terms and conditions of use. It is the client's responsibility to provide accurate and truthful information and to inform BackResto of any significant changes in staff, particularly when this criterion affects the price of the service. When the software is made available by a partner of BackResto, they guarantee compliance with these general terms and conditions of use by all concerned users.
‍
2. Access to the digital Solution
‍Access to the digital Solution requires a computer, smartphone, or tablet with a stable internet connection and an up-to-date browser of the latest major version (Google Chrome, Mozilla Firefox, Safari, or Internet Explorer). Unless the Solution is made available through a partner of BackResto, the client accesses the service using a personal identifier and code. The client may, under their own responsibility, share this identifier and code with members of their company, provided that these individuals will have access to and be able to modify all data recorded under this identifier.

3. Guarantees.
3.1 Access to the service
BackResto guarantees the client access to the software 24 hours a day, 7 days a week, except for the time necessary for maintenance operations for updating, improving, or backing up the software when such operations require a suspension of service. In the event of a suspension, BackResto undertakes to promptly provide, upon simple request, a copy of any data recorded by the client that the latter may need.
‍
3.2 Quality of content
BackResto ensures that the information and models provided by the software are compliant with applicable regulations at the time of download. However, it is important to note that BackResto is not an expert hygiene consulting firm and only provides a software tool for monitoring HACCP regulations. As a professional, the client alone is responsible for assessing the conformity and adequacy of the data entered into the software. BackResto cannot be held liable for any indirect or immaterial, financial, or commercial damages of any kind that the client may suffer, if any, resulting from the use of any data from the software.

3.3 Preservation and confidentiality of data
BackResto implements appropriate measures to ensure the protection and confidentiality of the collection, storage, and processing of the client's data and documents. This obligation includes the storage of client data on certified infrastructures, access management through personal identifiers and codes, and the secure transfer of data through secure protocols.

4. Trial Period
The client has a thirty (30) days trial period during which they have access to all the features of the solution as if they had a subscription. At the end of this trial period, if the client has not subscribed to a subscription, they lose access to using the solution but can request to retrieve their data by emailing contact@backresto.com.

‍5. Subscription duration
The Client is free to choose between two options:
- The subscription without commitment. In this case, the Services are subscribed to in the form of a subscription ("the Subscription"). The Subscription begins on the day of its subscription for an initial period of 1 (one) month. It is automatically renewed, for successive periods of the same duration as the initial period (including the initial period, the "Periods"), from year to year, unless the Subscription is terminated by the Client 1 (one) day before the end of the current period by email to contact@backresto.com.
Without prejudice to other termination methods provided in the contract, the Subscription may be terminated by the Client, without justification, by email.
- The subscription with commitment. In this case, the Services are subscribed to in the form of a subscription ("the Subscription"). The Subscription begins on the day of its subscription for an initial period of 1 (one) year. It is automatically renewed, for successive periods of the same duration as the initial period (including the initial period, the "Periods"), from year to year, unless the Subscription is terminated by the Client 1 (one) day before the end of the current period by email.
Unless terminated under the conditions of Article 16 "Termination," the subscription will be successively renewed (Article 1214 [new] of the French Civil Code), with identical content, for a fixed period according to the subscription chosen by the client.

6. Financial terms
6.1. Pricing
In exchange for the license to use the Solution and the Services provided herein, the Client agrees to pay BackResto the price indicated at the time of subscription. It is expressed in Euros, excluding French taxes (the "Price"). The Price will depend on the subscription plan chosen:
- €14.90/month (excluding tax) for a subscription plan without commitment
- €12.90/month (excluding tax) for a subscription plan with an annual commitmentAny period started is due in full, and no refunds will be granted.BackResto reserves the right, at its sole discretion and according to its own judgment, to offer promotional offers or price reductions.

6.2. Invoicing and Payment Terms
The prices and fees mentioned above are subject to monthly invoices if the Client has subscribed to the plan without commitment and annual invoices if the Client has subscribed to the plan with commitment.
The Client will be able to access their invoices through the website backresto.com/subscription.
Unless otherwise agreed between the parties, the Client's payment for the Subscription will be made by direct debit on the credit card or bank account indicated at the time of subscription. BackResto uses the secure payment service XXX. The Client will read and expressly accept the terms of use of the XXX service accessible at XXX, which he/she declares to accept. Each automatic debit via XXX will be made on the date of invoice issuance.
The debit is carried out by BackResto's payment service provider, which alone retains the Client's bank details for this purpose. BackResto does not retain any bank details.
The Client expressly acknowledges and accepts that BackResto reserves the right to send its invoices in electronic format (PDF) to the electronic address indicated by the Client as the contact address.
The Client agrees to take the necessary measures to ensure that the automatic debit of the subscription price can be made.

6.3. Late Payment and Default
The Client is informed and expressly agrees that any delay in payment of all or part of a sum due to BackResto on its due date will automatically result, from the day following the payment date indicated on the invoice:
- The termination of the term of all sums due by the Client and their immediate enforceability, regardless of the payment terms that had been provided;
- The immediate suspension of Services and access to the Solution until full payment of all sums due;
- Invoicing to BackResto of a late payment interest, due by the mere fact of the contractual term's expiration, at a rate of 3 (three) times the legal interest rate, based on the amount of the unpaid debt at the due date, and a flat-rate indemnity of €40 for collection costs, without prejudice to additional compensation if the actual collection costs incurred are higher than this amount.


7. Assignment of Contract
The contract between the client and BackResto company is concluded intuitu personae. The client's rights arising from the contract may not be assigned, sublicensed, sold or transferred in any other way by the client, except with the prior written consent of BackResto company.

8. Termination
8.1 By the client
The client may terminate their subscription at any time, and they will continue to have access to the service until the end of their billing period. Payments are non-refundable, and we do not grant refunds or credits for partially used periods or for any unused BackResto content. To terminate your subscription, please contact us by email at contact@backresto.com. The company undertakes to delete the client's account data from its servers after a period of 60 days. It is the client's responsibility to retrieve any data and documents they wish to keep during this period.

8.2 By BackResto company
BackResto may terminate the contract at any time, without notice or compensation, if the client uses the service for illegal or unlawful purposes, or if they interfere with the proper functioning of the service or the rights of BackResto company, including its intellectual property rights. BackResto company may also terminate the contract at any time and without compensation if the client's account is suspended for non-payment of the price for 3 months. Termination results in the permanent deletion of all information, procedures, and documents stored on the client's account.

9. Personal Data
The client acknowledges and accepts that personal data within the meaning of the General Data Protection Regulation ((EU) 2016/679 "GDPR") may be collected, stored, processed and used to enable the use and improvement of the Solution, as well as for commercial and communication purposes.In accordance with the GDPR and the French law no. 78-17 of January 6, 1978, known as the "Informatique et Libertés" law, the client is responsible for their own legal declarations to their social partners and to the CNIL or similar national organizations in countries other than France.

10. Intellectual Property
10.1. BackResto's Intellectual Property Rights
BackResto holds the intellectual property rights to the website, the application, and the Solution as a whole, as well as to the trademark "BackResto".
BackResto also holds the intellectual property rights, including database producer rights, within the meaning of Articles L.341-1 et seq. of the French Intellectual Property Code, over the Shared Database. The Client acknowledges that BackResto is free to exploit all or part of the Shared Database, in particular by assigning or granting rights to any third party, free of charge or for a fee, and, if necessary, declares that it authorizes such exploitation for all purposes.
BackResto reserves the right to correct any anomalies in the Application.
The Client agrees not to infringe in any way on BackResto's intellectual property rights in the whole or any part of the Website, the Application, the Solution, the Shared Database, or the "BackResto" trademark. The Client thus agrees to use it only for the sole purposes of its professional activity, not to delete any mention of trademarks or other signs and indications of ownership, to take all necessary measures to prevent third parties sharing its premises from benefiting from the right to use the Solution, to refrain from directly or indirectly making all or part of the Solution available to third parties, in any capacity, in any form (in particular, by means of "hosted application supply" mode, rental, loan, shared use) and for any cause, free of charge or for a fee, without prior express written permission from BackResto. The Client expressly undertakes to ensure that these provisions are respected by Users and other members of its personnel. Any breach by the Client of these obligations shall entitle BackResto to terminate the Agreement immediately and automatically, by simple notification by registered letter with acknowledgment of receipt, without prejudice to any possible damages.
‍
The Client acknowledges that BackResto reserves the right to integrate a security mechanism (such as a locking system and/or an authorization key) into the Application to ensure that the Client complies with the terms of the Agreement. Such a security mechanism is intended to record data relating to the use of the Application at any time and with or without notification, which the Client expressly authorizes, while undertaking not to interfere with the proper functioning of such security mechanisms.

10.2 - Grant of a right to use the Application and the Shared Database to the Client
‍In consideration of payment of the Subscription, BackResto grants the Client a simple non-exclusive, personal, and non-transferable right to use the Application and the Shared Database solely for the purpose of implementing the Solution exclusively on the agreed Site(s) within the limits defined in the Agreement. The grant of usage rights is limitedly granted for the duration provided in the Agreement.
The Client expressly acknowledges that the Agreement does not transfer any ownership rights to the Application and undertakes not to make any corrections to errors, modifications, adaptations, or translations of the Application, nor, more broadly, to modify, decompress, distribute, license, or exploit in any way whatsoever the whole or any part of the Solution as well as any element attached to it.
The Client also declares to be the legitimate holder of all intellectual property rights related to the elements that it may make available to BackResto, particularly in the Application or Shared Database, and grants BackResto the right to use these elements for their exploitation in the context of the marketing of the Solution, worldwide and for the duration of the rights concerned. In the event of any third-party claim, the Client will handle it personally and bear the consequences of such claims, thereby guaranteeing BackResto against any action, provided that BackResto is not at fault.

11. Commercial References
The Client expressly authorizes BackResto to use its name, trademark, logo, and website references as commercial references, in any form and on any media, during the term of this agreement and for a period of 1 (one) year after its termination.
‍
12. Language
In the event of a translation of these general terms and conditions into one or more languages, the French language shall prevail in case of contradiction or dispute over the meaning of a term or provision.

13. Disputes
13.1 Judicial Proceedings
These general terms and conditions of sale and use are subject to French law. In case of dispute, the parties will attempt to settle their differences amicably. If no amicable solution can be found, the dispute will be exclusively brought before the courts of Paris.

13.2 Complaints
Complaints should be sent by email to the following address: contact@backresto.com. BackResto undertakes to respond within a maximum period of 10 working days from the receipt of the email.

Last updated: September 2, 2022