Terms of service governing the use and sale of the “Seanapps” Plateform

Préamble

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” software service (the “Platform“) 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 the “GROUPE BENETEAU“).

The applicable ToS shall be those in force on the date of connection and use of the Platform and shall remain in force until it has been replaced by a new version.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 Platform, the Dealer and the User acknowledge having these ToS and fully agree to abide by them.

Article 1 – Definitions

“Subscription”: denotes the provision of rights to use the Platform to Dealers and their Users, and access to the Services.

“Application”: denotes the “SEANAPPS” software application provided by GROUPE BENETEAU for use by Connected Boat Users.

“Dealer”: denotes a member of GROUPE BENETEAU’s exclusive distribution network who has taken out a Subscription.

“User Account”: denotes a User’s personal space on the Platform, which the Dealer is responsible for managing (creating and deleting).

“Dealer Account”: denotes the Dealer’s personal space on the Platform.

“ToS”: denotes these Terms of Services governing the use and sale of the Platform.

“GROUPE BENETEAU“: denotes the BENETEAU company, a private limited company with 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 any controlled company within the meaning of Article 233-1 of the French Commercial Code of GROUPE BENETEAU, in particular the SPBI company.

“Platform”: denotes the “SEANAPPS” SaaS software service, made available by GROUPE BENETEAU. The Platform includes Services, content (such as, but not limited to the structure of the Platform, 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 Platform and/or any other element comprising the Platform), software, programs, tools, databases, operating systems, documentation, and all other elements and services that comprise it, updates and new versions that may be made to the Platform.

“Services”: denotes all the services made available by GROUPE BENETEAU, the characteristics of which are defined on the Website.

“Website”: denotes the official website of the Platform, published by GROUPE BENETEAU, the address of which is www.seanapps.fr.

“User”: denotes any person authorised by the Dealer to have access to the Platform, who has personal identifiers,
within the limits authorised by these ToS.

Article 2 – Purpose of the ToS

The purpose of the ToS is to define and govern access to the Platform and the use of the Services by Dealers and Users.

Article 3 – Access to the Platform

Subscription to the Services allows the Dealer to obtain the establishment of a Dealer Account by GROUPE BENETEAU, pursuant to the conditions of Article 4 below.

Any Subscription taken out by the Dealer constitutes a contract for the sale of services between the Dealer and GROUPE BENETEAU.

GROUPE BENETEAU reserves the right to cancel or modify any subscription with a Dealer with whom there is a dispute relating to the payment of a previous subscription.

Subscription to Services by the Dealer is entered into for an initial period of twelve (12) months. The Subscription shall then automatically be renewed for periods of the same length, unless terminated by the Dealer or GROUPE BENETEAU two (2) months prior to the end of the current period.

The equipment and any connection costs for accessing and connecting to the Platform shall be at the Dealer’s expense.

The Dealer pays the Subscription to the Services, the prices of which in euro excluding VAT are available from GROUPE BENETEAU on request and/or on the Website.

The rates may be revised at any time by GROUPE BENETEAU. The new rates shall be available online 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 and the Dealer shall be notified of the new rate one (1) month before the end of the current Subscription period.

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

In the event of late payment, GROUPE BENETEAU reserves the right to suspend access to the Platform until the Dealer has paid the outstanding invoices, or to terminate the Subscription under the conditions set out in the ToS.

Article 4 – Dealer Account and User Account

Access to those Services requiring the creation of a Dealer Account shall only be granted to Dealers who have activated their Dealer Account in a wholly lawful manner. Should this not be the case, the Dealer 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. Managing the Dealer Account

a) Creating the Dealer Account

Subject to the current procedure and its prior acceptance, GROUPE BENETEAU shall create a Dealer Account for any Dealer who requests one. Once the Dealer Account has been created, the Dealer will be asked to complete their email address and create a password.

Once inside the Dealer Account, the Dealer may create and delete User Accounts. The Dealer undertakes to create User Accounts only for their employees, and not for third parties.

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

Dealer Account identifiers are personal, individual and non-transferable.

b) Deletion of Dealer Accounts

The Dealer may ask GROUPE BENETEAU to delete their Dealer Account at any time, using the “Contact” form on the Website. GROUPE BENETEAU reserves the right to refuse any request to delete a Dealer Account if this deletion goes against the obligations that the Dealer has entered into pursuant to a potential distribution contract concluded with GROUPE BENETEAU.

Deletion of the Dealer Account may result in the termination without notice of access to the Platform and the use of the Services subscribed to by the Dealer, as well as the closure of the User Accounts, and will not give any right to reimbursement for any reason whatsoever. The Dealer’s deletion request, if approved by GROUPE BENETEAU, may only be accepted at the end of the subscription period, and subject to the Dealer’s payments for the Subscription being up to date.

GROUPE BENETEAU reserves the right to delete the Dealer Account of a Dealer in the event that said party fails to comply with one of the stipulations of these ToS.

4.2. Managing User Accounts

The Dealer may manage and delete User Accounts via their Dealer Account on the Platform, without having to request that these accounts be opened or closed by GROUPE BENETEAU.

User Account identifiers are personal, individual and non-transferable.

However, GROUPE BENETEAU reserves the right to delete a Dealer’s User Account in the event that the User of the User Account fails to comply with one of the stipulations of these ToS.

Article 5 – Intellectual property

6.1. Licence to use the Platform

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

Consequently, it is strictly forbidden for the Dealer and/or the Users to:

adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or reverse-engineer all or part of the Platform and/or the Services;
create derivative works of the Platform and/or the Services;
use software or processes intended to copy the content of the Platform and/or the Services;
export or merge all or part of the Platform with other computer programs;
permanently or temporarily reproduce the Platform, 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 Platform;
set up systems likely to pirate the Platform and/or the Services in whole or in part, or of a nature to breach these ToS.

6.2. Content of the platform

All data of any kind, including text, articles, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software and features appearing on the Platform 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 Platform may be used, reproduced, represented, distributed, decompiled, indexed or extracted by any technical protocol without the prior written consent of GROUPE BENETEAU.

Article 7 – Commitments made by the Dealer and the Users

The Dealer and the Users commit to using the Platform 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 Platform outside their standard use, as set out in this document.

GROUPE BENETEAU may, at its sole discretion, limit or terminate the use of the Services for a Dealer and/or User, by deleting the Dealer Account and/or the User Account or by terminating the Dealer’s Subscription to the Platform, if the Dealer and/or a User commits one of the following acts:

undermines the image and rights of GROUPE BENETEAU, in particular its intellectual property rights;
opens more than one User Account and/or Dealer Account in the name of a third party if this possibility is not expressly provided for on the Platform;
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 Platform;
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 Platform and/or Services.

The Dealer and Users shall refrain from publishing any hateful content that does not comply with these ToS and the laws in force. They are asked to 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 reports, GROUPE BENETEAU shall reserve the right to delete illegal content and/or the Dealer Account of the Dealer promptly after the report.

Article 8 – Platform management and changes

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

GROUPE BENETEAU shall not be held liable for any damage of any nature whatsoever resulting from the unavailability of the Platform.

In order to ensure the smooth operation of the Platform, 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 Platform, and reserve access to all or part of the Platform 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 Platform as soon as possible.

Due to the specific nature of the Internet network, access to the Platform 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 access to the Platform due to maintenance, updates, or technical improvements, or to update its content and/or layout.

Article 9 – Guarantees and Responsibilities of GROUPE BENETEAU

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

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

It is hereby stated that GROUPE BENETEAU is but a technical intermediary in the communication process of the Dealer, and that the Dealer is solely responsible for the content which:

it publishes and distributes via the Platform to users of the Application, to Users, and to any third party;
its Users publish and distribute via the Platform to the users of the Application and to any third party.

In its capacity as host of this information and/or content made available online by the Dealer via the Platform, 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.

9.2 Responsibility for transactions between a Dealer and a user of the Application

The Dealer shall be solely responsible for the information communicated via the Platform by them and/or by the Users (characteristics of the services offered to the users of the Application, prices, payment methods, and so on).

Agreements and the provision of services shall be concluded directly between the Dealer or through a User and the users of the Application. GROUPE BENETEAU has no control over the services offered, nor over the Dealer’s ability to provide services, nor over the ability of the users of the Application to pay for such services. Accordingly, the Dealer assumes all responsibility for any commitments that they may be led to make and/or that one of the Users may be led to make on their behalf, following any contact or transaction with a user of the Application, made by means of the Platform.

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

GROUPE BENETEAU shall only be liable for direct damage suffered by Dealers, 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 Dealer 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 actions of the Dealer and/or the User, 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;
damage resulting from the failure of the Dealer and/or the User to comply with the ToS, fraudulent or abusive use of the Services by the Dealer and/or the User, or the compromise by the Dealer and/or the User of the confidentiality of their identification data;
any inaccuracy or non-compliance of the information 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 Platform, 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 Dealer, even if this is caused by GROUPE BENETEAU.

In any event, given the distribution of risks between GROUPE BENETEAU and the Dealer, the total liability of GROUPE BENETEAU shall be limited to the annual amount of the Subscription that caused the damage, in the event of damage occurring on that occasion.

Article 10 – Personal data

10.1 Protection of the Dealer’s and User’s personal data by GROUPE BENETEAU

For more information regarding the collection and processing of personal data, the use of cookies and the rights available to the Dealer and Users in accordance with European Regulation No. 2016-679 of 27 April 2016 on the protection of individuals on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”) the Dealer and the User may refer to the data protection policy, accessible on the Platform and/or the Website.

10.2 Protection of personal data of the users of the Application by the Dealers and the Users

The Dealer and GROUPE BENETEAU commit to comply with any instructions given by GROUPE BENETEAU regarding their processing and use of the personal data of users of the Application.

In any event, the Dealer may not transfer outside the European Union (except with prior written consent), the personal data of users of the Application that it may collect in the course of managing their relationship, whether commercial or not.

For any transfers from the EEA to countries that are not considered suitable by the European Commission, the Dealer acknowledges having implemented appropriate measures, in particular through contractual agreements with third parties.

Article 11 – 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 Platform are prohibited without the prior written consent of GROUPE BENETEAU. It may withdraw this consent at any time and remove the link if said party does not comply with the applicable legislation, or if the link does not comply with these ToS and other GROUPE BENETEAU policies.

The Platform may contain hypertext links redirecting the Dealer 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 12 – Applicable law and competent court

These ToS are subject to French law.

Any dispute with a Dealer resulting from the use of the Services or the Platform 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 13 – Contacting GROUPE BENETEAU

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