Terms of service governing the use and sale of the Seanapps application

Preamble

The purpose of these Terms of Service governing use and sale (the “ToS”) is to set out the rules governing the use of the “SEANAPPS” mobile application (the “Application”) and the sale of premium services (the “Premium Services”) made available by SPBI, a public limited company with share capital of €51,541,628, registered in the SIRENE register under number 491 372 702 and registered in the Trade and Companies Register of La Roche-sur-Yon, France, whose registered office is located at Parc d’activités de l’Eraudière, 34 rue Eric Tabarly, 85170 Dompierre-sur-Yon, France, a subsidiary of BENETEAU, a public limited company with share capital of €8,278,984, registered in the SIRENE register under number 487 080 194 and registered in the La Roche-sur-Yon Trade and Companies Register, whose registered office is located at 16 boulevard de la Mer, 85800 Saint-Gilles-Croix-de-Vie, France (hereinafter “GROUPE BENETEAU”).

The applicable ToS shall be those in force on the date of connection and use of the Application and shall remain in force until it has been replaced by a new version.

The ToS may be modified by GROUPE BENETEAU at any time without notice.

By accessing the Application, the User acknowledges having read these ToS and fully agrees to comply with them.

Article 1 – Definitions

“Application”: denotes the “SEANAPPS” software application provided by the GROUPE BENETEAU, giving access to the Services, which is available free of charge in the Apple App Store and the Google Play Store, to be downloaded by the User onto their Apple iOS and Android mobile terminal. The Application also includes content (such as, but not limited to the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charts, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element comprising the Application), software, programs, tools (programming, browsing etc.), databases, operating systems, documentation, and all other elements and services that comprise it, updates and new versions that may be made to the Application.
“Connected Boat”: denotes the boat(s) the User uses and/or owns, selected by the User when creating their Account and/or the one registered and assigned to them upon purchase of said boat, which is equipped with the Connected Unit. “Connected Unit”: denotes the unit fitted to the Connected Boat, which allows data to be transmitted between the Connected Boat and the Application. “Account”: denotes the personal space of the User of the Application allowing them to access the Services. 
“Appointed Dealer”: denotes a member of GROUPE BENETEAU’s exclusive distribution network, indicated by default when the User purchases the Boat or freely chosen by the User.
“ToS”: denotes these general terms of service of use of GROUPE BENETEAU applicable to the Services and the general terms and conditions of sale applicable to the Premium Services marketed in the Application.
“GROUPE BENETEAU”: denotes the BENETEAU company, a private limited company with a share capital of €8,278,984, registered in the SIRENE register under number 487 080 194 and registered in the Trade and Companies Register of La Roche-Sur-Yon, with its registered office at 16 boulevard de la Mer, 85800 Saint-Gilles-Croix-de-Vie, France, as well as a subsidiary within the meaning of Article 233-1 of the French Commercial Code of GROUPE BENETEAU, in particular the SPBI company.
“Services”: denotes all the Services Offered and the Premium Services.
“Services Offered”: denotes the free features of the Application.
“Premium Services”: denotes additional features not available in the Services Offered, to which the User may subscribe by subscription, subject to these ToS and, where applicable, subject to the specific conditions of sale.
“Website”: denotes the official website of the Application, published by GROUPE BENETEAU, the address of which is www.seanapps.fr.
“User”: denotes any person who has downloaded the Application for their own needs, for strictly personal, non-commercial use, without direct or indirect profit, who has created an Account.

Article 2 – Purpose of the ToS

The purpose of the ToS is to define and govern access to the platform and use of the Services by the Users. The Services are governed by these ToS. The Services covered by the ToS are those listed and defined in Articles 5 and 6 below.

Article 3 – Download and access to the application

Downloading and accessing the application is free of charge. However, the equipment and any connection fees for downloading and logging in to the application are the User’s responsibility.

The Application is accessible to all Users. However, access to the Services is conditional upon the creation of an Account and the provision of certain information by the User, as described below.

Most of the Services require the User of a Connected Boat linked up to a Connected Unit.

If no Connected Unit is installed, the User is asked by the Application to install one, by contacting the Appointed Dealer.

If the User already has a Connected Boat, they can access the Services Offered but are invited by the Application to subscribe to Premium Services so they can use the Application to the full.

Article 4 – User’s account

Access to those Services requiring the creation of an Account is only granted to Users who have activated their Account in a wholly lawful manner. Should this not be the case, the User would be committing the offence of fraudulent access to an automated data processing system, punishable by penalties applicable in this regard (Article 323-1 et seq. of the French Criminal Code).

4.1. Account Creation

When opening an Account, the User must provide the information marked with an asterisk on the form in the aforementioned Application and/or the Website. Failing this, any request to create an account may not be processed. This information consists of the following: the User’s email address, if not already registered, and password. Upon completing this information and validating their registration request, the User will receive an email confirming the opening of their Account, allowing them to confirm their email address and access their Account. Once the Account is created, the User will enter their email address and password to access the Services.

When creating the Account, once the User has entered their email address and password, they are also prompted to enter information about the Connected Boat via the form on the Application. This includes the following information, to be chosen from a drop-down list: brand, range, model, HIN number and name of the Connected Boat. This information can be completed later. However, if this information is not entered by the User, they will not be able to access all the Services.

In the event that the User cannot find the information about the connected boat in the drop-down list, they should contact GROUPE BENETEAU using the “Contact” form on the homepage of the App and/or the site.

The User commits to provide GROUPE BENETEAU with accurate, complete information when opening their Account, and when making any changes to this information.

The User’s Account and password are personal, individual and non-transferable.

4.2. Deleting the Account

The User may ask GROUPE BENETEAU to delete their Account at any time via the “Contact” form on the Website. Deleting the Account may result in the termination without notice of any Premium Services subscribed to by the User, and will take place under the conditions of Article 6.4.

In this case, all information accessible through the Account will be deleted, and some Services will no longer be accessible.

GROUPE BENETEAU reserves the right to delete a User’s Account in the event of non-compliance by the User with any of the clauses of these ToS and/or if the User does not enter the information relating to the Connected Boat on the form provided for this purpose within three (3) months of creating their Account.

Article 5 – Services Offered

5.1. Viewing and receipt of alerts related to the maintenance recommendations of the Connected Boat

The Application allows the User to consult and receive alerts related to maintenance recommendations issued by the Connected Boat manufacturer. If the Premium Services are not subscribed, the Application does not allow the User to consult the data collected by the Connected Unit in real time.

5.2. Messaging to send and receive messages to and from the Appointed Dealer

The Application allows the User to contact the Dealer via a messaging system that specifically includes: service requests to be sent (maintenance, quotes etc.), documents to be exchanged, and commercial offers to be sent by the Appointed Dealer.

5.3. File storage within the Application

The Application allows Users to securely store files related to the Connected Boat, such as manuals, user guides, quotes, invoices, and so on, related to the Connected Boat.

Any data stored by the User in the file storage facility is done so at the User’s own risk. It is the User’s responsibility to take all necessary precautions to back up such files.

5.4. Reading the news feed provided by GROUPE BENETEAU and/or the Appointed Dealer

The Application allows the User to view the various articles added by GROUPE BENETEAU brands and/or the Appointed Dealer in the Application through the news feed in the tab provided for this purpose. The choices made allow the User to benefit from a personalised display in their news feed.

Article 6 – Special features linked to Premium Services

6.1. Subscription to Premium Services

Premium Services offer additional features which are described on the Website and/or the Application. Premium Services are payable. To obtain access to Premium Services, the User must first subscribe to them.

Any subscription and/or renewal of Premium Services by the User constitutes a contract for the sale of services between the User and GROUPE BENETEAU, subject to these ToS and, where applicable, to the special conditions of sale. GROUPE BENETEAU reserves the right to cancel or modify any subscription with a User with whom there is a dispute relating to the payment of a previous subscription.

Subscription to Premium Services is entered into for an initial period of twelve (12) months. The subscription is then automatically renewed for periods of the same length, unless terminated prior to the end of the current period.

GROUPE BENETEAU does not oblige the User to subscribe to the Application’s Premium Services. However, messages may appear on the application indicating to the user that a feature is reserved for Users of Premium Services.

Premium Services do not affect the quality of the Services Offered; all Services Offered by the Application remain accessible free of charge.

Without prejudice to the provisions of Article 10 and in the exclusive context of the use of the Premium Services, the liability of GROUPE BENETEAU shall only be limited to direct damages suffered by the User. The burden of proof of damage rests with the User and any claim for damages by the User shall be initiated with GROUPE BENETEAU within twelve (12) months of the event causing the damage.

6.2. Payment of Premium Services subscription

The User shall pay for their subscription to the Premium Service, the prices of which in euro, excluding tax and including tax, are available on the Website and/or in the Application.

The rates may be revised at any time by GROUPE BENETEAU. The new rates will be available on the Website and/or on the Application and are applicable immediately, with the exception of subscriptions already in progress. For subscriptions already in progress, the new rates shall only apply at the time of renewal.

The price rates displayed at the time of the subscription take into account any potential discounts to be applied.

Subscription to Premium Services and billing for access to this service are performed by a third-party platform rather than by GROUPE BENETEAU. GROUPE BENETEAU shall in no way be responsible for access to these third-party platforms or payment issues relating to their billing system.

Apple Store: payment shall be made directly to Apple via the User’s iTunes account, the payment methods made available by Apple Store and the Apple Store’s terms and conditions of sale.

Google Play: payment shall be made directly to Google Play via the User’s Google Play account, the payment methods provided by Google Play Store and its terms and conditions of sale.

In the event of late payment, GROUPE BENETEAU shall reserve the right to suspend access to Premium Services until payment has been made by the User, or even to terminate the subscription under the conditions set out in these ToS.

6.3. Right of withdrawal

In accordance with the provisions of Article L. 221-28 of the French Consumer Code, the User shall be notified that the right of withdrawal which they benefit from cannot be exercised for any digital content not supplied in a physical format, the performance of which begins after the consumer’s express prior agreement and waiver of their right of withdrawal. The User expressly acknowledges and accepts that (i) the provision of the Premium Service shall begin as soon as the subscription is confirmed and therefore before the end of the 14 (fourteen) day withdrawal period scheduled in the French Consumer Code and (ii) that they expressly waive their right of withdrawal. Consequently, no requests for retraction, cancellation or reimbursement will be accepted for the relevant subscription period.

6.4. Unsubscribing – deletion of Account

Deletion of the User’s Account shall lead to termination without notice of the Premium Services subscribed by the User, and shall not entitle the User to any refund whatsoever. However, deletion of the Account may only be completed at the end of the current subscription period, and provided that the User’s payments are up to date.

6.5. Geolocation

Use of the Connected Unit’s geolocation feature shall be conditional upon the User subscribing to the Premium Service, and shall require their prior express consent. To use the function, the User will be requested to activate the geolocation function.

The User shall be notified that if they refuse to activate the geolocation function, not all the Premium Services may function.

Article 7 – Intellectual property

7.1. Licence to use the Application

GROUPE BENETEAU shall grant the User a personal non-exclusive, revocable, non-assignable, non-transferable, right to use the Application and Services worldwide and free of charge, solely for their own needs and in connection with the use of the Application and the Services, excluding any other purposes.

As such, it shall be strictly forbidden for the User to:

adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or reverse-engineer all or part of the Application and/or the Services;
create derivative works of the Application;
use software or processes intended to copy the content of the Application and/or Services;
export the Application, merge all or part of the Application with other computer programs;
permanently or temporarily reproduce the Application, in whole or in part, by any means and in any form;
extract or re-use, including for private purposes, in whole or in part, the content of the databases and archives constituted by the Application;
set up systems likely to pirate the Application and/or the Services in whole or in part, or of a nature to breach these ToS.

7.2. Content of the Application

All data of any kind, including text, articles, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software and Application features appearing in the Application shall necessarily be protected by copyright, trademark law and all other intellectual property rights, and are owned by GROUPE BENETEAU or any third party that has authorised GROUPE BENETEAU to use them. No part of the Application may be used, reproduced, represented, distributed, decompiled, indexed or extracted by any technical protocol without the prior written consent of GROUPE BENETEAU.

Article 8 – Commitments made by the User

The User commits to using the Application fairly, exclusively in line with its purpose, and in accordance with the legal and regulatory provisions and practices in force, and not to hijack or attempt to hijack any of the functionalities of the Application outside their standard use, as set out in this document.

GROUPE BENETEAU may, at its sole discretion, limit or terminate a User’s use of the Services, in particular by deleting information posted on the Application or by terminating the User’s access to the Service, if the User commits one of the following acts:

undermines the image and rights of GROUPE BENETEAU and its subsidiaries, in particular its intellectual property rights;
opens an Account in the name of a third party;
behaves in a way that is against the law and/or contrary to public order, and makes statements or posts publications with offensive, defamatory, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, sexually-oriented, inciting to hatred, violence, discrimination, encouraging illegal activities or use of illegal substances or, more generally, contrary to the purposes of the Services;
infringes the rights of GROUPE BENETEAU or those of a third party;
provides incorrect, incomplete and/or misleading information at the time of registration or when using the Application and/or the Services.

Users shall refrain from publishing any hateful content that does not comply with these ToS and the laws in force. They may also flag any article or comment that does not comply with the provisions relating to Law No. 2020-766 of 24 June 2020 on hateful content on the Internet, provided that their content corresponds to one of the following categories, established as manifestly illicit:

an insult made by the same means against a person or a group of persons because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
an insult made under the same conditions against a person or a group of persons because of their sex, sexual orientation, gender identity or disability;
praise or vindication of crimes against humanity;
incitement to commit acts of terrorism and their vindication;
incitement to racial hatred; hatred of persons on the grounds of their sex, sexual orientation, gender identity or disability, and child pornography;
incitement to violence, including incitement to sexual and gender-based violence;
offences against human dignity; sexual harassment; human trafficking; pimping;
fixing, recording or disseminating the image or representation of a minor where this image or representation is pornographic in nature;
the manufacture, transport or dissemination by any means whatsoever and whatever the medium, of a message of a violent nature, inciting to terrorism, pornographic or of a nature to undermine human dignity or inciting minors to engage in such games, putting them in physical danger;
the publication of any content that may breach the intellectual property rights of a third party (copyright, trademark etc.).

In the context of such reportings, GROUPE BENETEAU shall reserve the right to delete illegal content and/or the Account promptly after the reporting takes place.

Article 9 – Management and modification of the Application

GROUPE BENETEAU shall do its utmost to ensure the smooth operation of the Application and shall commit to ensure secure access, consultation and use of the Application.

However, GROUPE BENETEAU is under no obligation to ensure the availability or continuity in respect of the Application and Services offered to the User.

In order to ensure the smooth operation of the Application, specifically in relation to maintenance, updating or technical improvements, GROUPE BENETEAU may at any time:

Suspend, interrupt or restrict access to all or part of the Application, and reserve access to all or part of the Application or Services;
Remove any information that may interfere with its operation, or that breaches national or international laws.

GROUPE BENETEAU undertakes to carry out or have carried out the necessary maintenance work to restore the smooth operation of the Application as soon as possible.

Due to the specific nature of the Internet network, access to the Application may be interrupted or restricted at any time due to a cause beyond GROUPE BENETEAU’s control; in this case, GROUPE BENETEAU shall not be held liable. GROUPE BENETEAU shall not be liable in the event of an interruption to Application access due to maintenance, updates, or technical improvements, or to update its content and/or layout.

Article 10 – Guarantees and Responsibilities of GROUPE BENETEAU

10.1. Regarding information and content relating to messaging and storage features

Information and content (information, texts, photographs, images, messages, or any other items that may be exchanged and/or published by the Appointed Dealer and/or the User, and/or stored by the User in the Application) are not checked upstream by GROUPE BENETEAU prior to their communication/publication/storage. On the other hand, the User is notified that the information and content communicated and/or published by the Appointed Dealer are likely to be checked after the fact by GROUPE BENETEAU.

In its capacity as host of this information and/or content made available online by the Appointed Dealer via the Application, GROUPE BENETEAU is subject to the reduced liability regime scheduled in Articles 6.I.2 et seq. of French Law No. 2004-575 of 21 June 2004 to support Confidence in the Digital Economy. GROUPE BENETEAU therefore reserves the right, in this context, to delete any clearly illicit information and/or content of which it is notified.

10.2 In the event of non-performance of its own obligations

GROUPE BENETEAU shall only be liable for direct damage suffered by Users, which is proven to result from the non-performance of its obligations.

GROUPE BENETEAU may not be held liable in the event of damage suffered by the User for reasons that are independent of and not attributable to GROUPE BENETEAU and its obligations pursuant to these ToS. This may specifically include the following cases:

damage resulting from the User’s actions, difficulties inherent of the Internet network and more generally of telecommunication networks, regardless of their nature, the actions of a third party or an event of force majeure (as defined by Article 1218 of the French Civil Code);
damage resulting from the User’s failure to comply with the ToS, fraudulent or abusive use of the Services by the User, or the compromise by the User of the confidentiality of their identification data;
any inaccuracy or non-compliance of the information contained in the Application and/or concerning the Services, which is not the responsibility of GROUPE BENETEAU.

GROUPE BENETEAU may not be held liable for any indirect damage resulting from the use of the Application, including but not limited to, operating losses (turnover, revenue or profits), loss of opportunities, damage to image or reputation, commercial or economic loss, as well as any loss of data suffered by the User, even if this is caused by GROUPE BENETEAU.

In any event, given the distribution of risks between GROUPE BENETEAU and the User, the total liability of GROUPE BENETEAU shall be limited to the amount of the Service provided for consideration that caused the damage, in the event of damage occurring on that occasion.

10.3. With regard to decisions that the User may make as a result of using the Application

The Application shall be considered as a decision-making tool for the User. Regardless of the information communicated via the Application, the User shall refer to the recommendations given by the manufacturer of the Connected Boat and undertake any routine maintenance visits and/or repairs that may prove necessary.

Given the nature of these Services, the User acknowledges that any decision they may be led to make, whatever it may be, shall be made autonomously and independently of the Services provided by GROUPE BENETEAU pursuant to these ToS and/or the services provided by the Appointed Dealer.

Consequently, GROUPE BENETEAU cannot be held responsible for any damage resulting from the relationship between the User and the Appointed Dealer and/or any third parties.

Article 11 – Personal data

For more information about the collection and processing of personal data, the use of cookies and the rights available to users in accordance with the applicable regulations on the protection of personal data, users shall refer to the Personal Data Protection policy, which is accessible on the Application and/or the Website.

Article 12 – Hyperlinks

Links to a website disseminating information of an illicit, violent, polemical, pornographic or xenophobic nature and/or breaching the intellectual property rights of a third party and/or damaging the image and/or reputation of GROUPE BENETEAU are prohibited.

Any hypertext links to the Application are prohibited without the prior written consent of GROUPE BENETEAU. GROUPE BENETEAU reserves the right to withdraw this consent at any time and to remove the link if the User does not comply with the applicable legislation, or if the link does not comply with these ToS and other GROUPE BENETEAU policies.

The Application may contain hypertext links redirecting the User to third party websites that are not published by the Company. GROUPE BENETEAU has no control over such sites, and may not under any circumstances be held liable for the content published on these third party sites, or for any damage or harm arising from browsing these sites.

Article 13 – Applicable law and competent court

These ToS are subject to French law.

Users may submit to mediation any dispute arising from the use of the Application or the Services.

Should no amicable solution be found by the customer service department, and in accordance with Article L. 612-1 of the French Consumer Code, the consumer may use the CM2C mediation service free of charge, of which GROUPE BENETEAU is a member:

By completing the online form: Centre de la Médiation de la Consommation de Conciliators de Justice (Centre for Consumer Mediation of Justice Conciliators, cm2c.net); or
By email: cm2c@cm2c.net; or
By post: CM2C, 14 rue Saint Jean, 75017 Paris, France.

Regardless of how the mediator is contacted (by post or email), the request shall contain the following information in order to be processed promptly: postal, email and telephone contact details of the User, as well as GROUPE BENETEAU’s name and address, a brief statement of facts and proof of prior steps taken with GROUPE BENETEAU. However, the dispute will not be considered if the request is manifestly unfounded or abusive; if the dispute has been previously considered or is currently under consideration by another mediator or by a court; if the User submitted their request to the mediator more than one year after submitting their written complaint to GROUPE BENETEAU; if the dispute does not fall within the mediator’s area of expertise; or lastly, if the Individual User does not prove that they have made a prior attempt to resolve the dispute directly with GROUPE BENETEAU by submitting a written complaint.

Users may also use the EU’s online mediation service available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.

The above provisions do not limit the right of Users to bring proceedings before the courts.

Any dispute with a User resulting from the use of the Services or the Application shall be submitted to the Commercial Court of Nantes (France), including in the event of an emergency, the introduction of third parties or multiplicity of defendants.

Article 14 – Contacting GROUPE BENETEAU

For any questions or requests for information about the Application and/or the Services, Users may send a message to GROUPE BENETEAU user support at the following address: contact@seanapps.fr.