Contents
Publication date: 28/11/2019
Definitions :
In these Terms of Use, words or phrases beginning with a capital letter have the following meanings: “Customer”: A natural or legal person who is registered and has access to the Services “Services”: All IT, technical, and expert services made available to the Customer by MyEasyFarm “Site”: One of the MyEasyFarm websites MyEasyFarm the User to access the Service, namely https://www.myeasyfarm.com and https://app.myeasyfarm.com "Personal data" means any information directly or indirectly identifying a natural person.Article 1: General presentation
MyEasyFarm, a simplified joint-stock company, is a developer of software applications for the web and mobile devices designed for farm management. The application features offered by MyEasyFarm exclusively for professionals in the agricultural sector. All Services provided by MyEasyFarm accessible remotely via electronic communication networks. As such, they are available as “Software as a Service” (SaaS). These Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) define the legal framework for the Services offered by MyEasyFarm. These T&C also apply to the one-month trial offer. The T&C also define the legal framework for the relationship between MyEasyFarm the Customer. MyEasyFarm the Customer are hereinafter jointly referred to as the “Parties” and individually as a “Party.”Article 2: Acceptance of the GTC
By entering into a contract with MyEasyFarm, the Customer unconditionally accepts these Terms and Conditions. The Customer hereby declares and acknowledges that they have read these Terms and Conditions. These Terms and Conditions apply to all Services offered by MyEasyFarm ordered by the Customer. Furthermore, the Customer is informed that these Terms and Conditions may be updated at any time. MyEasyFarm the right to modify the content of the Terms and Conditions as well as their terms of access at any time. The latest version of the T&C available shall prevail, where applicable, over any other version of these T&C. The Customer therefore agrees to keep themselves informed regarding the applicable version of the T&C. To this end, the T&C are available at all times at the bottom of each page of the Site and upon the Customer’s request.Article 3: Access to Services
To access the application https://app.myeasyfarm.com, the Customer must first subscribe to a plan in accordance with these Terms and Conditions for a minimum term of one (1) year, excluding the one (1)-month trial period offered by MyEasyFarm. Subscription is completed by creating an account and providing the necessary information. The information entered by the Customer is binding upon validation. The Customer is informed and agrees that the information entered for the purpose of creating or updating their account shall serve as proof of their identity. The Customer certifies that the information entered when creating the account for the purpose of accessing the Service is deemed accurate, truthful, and complete, failing which they shall be held liable for any consequences that may arise from such false statements. Upon subscribing to a plan, the Customer receives an email confirming the creation of their account, including the login credentials they created (username and password). These login credentials allow the Customer to access their account to use the Services offered by MyEasyFarm. In the event of a security issue concerning the Services offered, particularly regarding login credentials, the Customer concerned agrees to immediately notify MyEasyFarm. Any Customer facing any risk regarding their password must change it immediately after notifying MyEasyFarm. Any request to change a username and/or password must be sent exclusively to the following email address: myeasyfarmArticle 4: Use of the Services
For the duration of the subscription or order, the Customer has access to MyEasyFarm Services. The Customer may access their account at any time after logging in with their username and password. Use of the Services provided by MyEasyFarm strictly personal; the Customer must take all necessary measures to ensure that no other person can use them on their behalf. The Customer is also prohibited from offering and/or marketing the Services provided by MyEasyFarm to any third party. MyEasyFarm reserves the right to suspend or terminate the subscription of any Customer in breach of these terms. As part of its support services, MyEasyFarm to informing, advising, and assisting the Customer to the best of its ability and within the scope of its knowledge and capabilities. In this context, MyEasyFarm training workshops on how to use the Services. This training may be subject to additional billing.Article 5: Subscription to the Services
5.1 Prices
MyEasyFarm offers MyEasyFarm available on the Website https://www.myeasyfarm.com, in the “Pricing” tab. The Customer agrees to pay for the subscription or order in accordance with the terms set forth in these Terms and Conditions. All prices billed to the Customer are those in effect on the date the subscription is purchased or the order is placed, less any applicable discounts, rebates, or refunds. All prices are expressed in euros, both excluding and including tax, with the applicable French VAT. Prices are subject to change at any time based on market conditions and will be updated on the Website as changes occur. An invoice is issued by MyEasyFarm receipt of payment from the Customer.5.2 Terms of payment
All the costs associated with access to and use of the Services by the Customer shall be paid in full in a single instalment on the day the subscription or order is taken out. The payment is made online according to the following methods, as desired:- By credit card via a secure payment system,
5.3 Duration and renewal of subscription
The subscription or order is entered into for a period of one (1) year, to which the Customer agrees to commit. The subscription or order is renewable. Upon renewal of the subscription or order, no trial period is offered, unless a promotion or goodwill gesture is granted by MyEasyFarm. On the anniversary date of the subscription, it is automatically renewed for a period of one (1) year. As such, the Customer is entitled to cancel their subscription thirty (30) days prior to the end date in accordance with the conditions set forth in Article 9 of the Terms and Conditions.5.4 Failure to pay
In the event of non-payment of the subscription or order, MyEasyFarm shall automatically suspend the subscription or order MyEasyFarm same day the non-payment is detected. In addition, late payment penalties at the statutory interest rate plus ten percentage points shall automatically apply. If the Customer resolves the non-payment within fifteen (15) calendar days from the date of such non-payment, MyEasyFarm the subscription for the Customer for a period of one (1) year. This period begins on the date of validation by MyEasyFarm.Article 6: Right of withdrawal
In accordance with the laws in force, the Customer, in his capacity as a professional, does not benefit from a right of retraction.Article 7: Satisfied or reimbursed
MyEasyFarm a free 30-day trial of its Services. At the end of this trial period, the Services are not subject to a "money-back guarantee" policy.Article 8: Liability
In providing its Service, MyEasyFarm bound MyEasyFarm by an obligation of means. MyEasyFarm to use all necessary means to ensure the best possible processing of orders and provision of the Services. However, MyEasyFarm all liability in the event of mismanagement, handling errors, or misuse of the Services. Under no circumstances MyEasyFarm be held liable for any damage of any kind resulting from the use of the Services. MyEasyFarm MyEasyFarm MyEasyFarm be held liable for any delay or failure resulting from a force majeure event, an event beyond its control, or the Customer’s actions. MyEasyFarm in no event be held liable for any inconvenience or damage inherent in accessing and/or using the Internet and/or electrical networks, particularly in the event of service outages, external intrusions, or the presence of computer viruses. The same applies to any requirements, questions, or issues regarding compatibility, interoperability, and/or quality inherent in the use of any physical or technical means used to access the Sites or Services.Article 9: Termination
9.1 Termination by the Customer
The Customer may cancel their subscription at any time without incurring any additional charges. The Customer may cancel their subscription and account by sending a registered letter with return receipt requested to MyEasyFarm corporate headquarters at least thirty (30) days prior to the end of the subscription period. Following termination, MyEasyFarm the Customer to request a raw copy of the data relating to their use of the Service. This request may be made no later than six (6) months after termination. The Customer will not be able to retrieve all of their data.9.2 Termination in case of default by one of the Parties
In the event of non-compliance by one of the Parties with the obligations incumbent upon it hereunder, the sale may be terminated by the injured Party. This resolution shall take place by operation of law fifteen (15) days after the sending of a formal notice by registered letter with acknowledgement of receipt to be executed that has remained without effect. This formal notice must mention the intention to apply this clause and the shortcomings noted.9.3 Termination in case of force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the Civil Code. The Party observing the event must immediately inform the other Party in writing of its inability to perform and justify its inability to perform to the latter. The suspension of obligations may in no case be a cause for liability for non-performance of the obligation in question, nor may it lead to the payment of damages or penalties for delay. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed sixty (60) days. If the impediment is definitive or exceeds this period, the present contract shall be purely and simply terminated after sending a registered letter with acknowledgement of receipt stating the intention to apply this clause.Article 10: Intellectual Property
The overall structure, as well as the software, text, images, sounds, trademarks, know-how, and all other elements comprising the Websites, constitute intellectual property and are the exclusive property of MyEasyFarm. MyEasyFarm distinctive signs, such as its domain name, trademark, name, and logo, are protected by intellectual property law and the registrations filed by MyEasyFarm. Any reproduction and/or representation, use, adaptation, modification, or distortion, in whole or in part, of the Websites or distinctive signs, by any means whatsoever and in any form whatsoever, without the express authorization of MyEasyFarm, is prohibited and may be subject to civil and criminal penalties, particularly for infringement. The fact MyEasyFarm not initiate legal proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of said uses or a waiver of the right to pursue legal action. These Terms and Conditions shall not be interpreted as implying any transfer of rights to these elements to the Customer. MyEasyFarm and warrants:- That the Sites and their functionalities that it has developed are original and are not the result of any act of counterfeiting.
- That he is the holder of all intellectual property rights that allow him to edit the Sites.
Article 11: Protection of Personal Data
The personal data of users of the websites and services is collected by MyEasyFarm stored in a computerized database. For the purposes of the Service, its use, and its management, the User authorizes MyEasyFarm collect their personal data. The data controller for personal data is MyEasyFarm, represented by François Thierart, its legal representative. In accordance with European Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR), and Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties, the processing of personal data on the Websites is intended for the following purposes:- Enable navigation on the Sites, management and traceability of the Services ordered by the User
Article 12: Confidentiality
MyEasyFarm the Customer agree not to disclose any confidential information to which they may have access in connection with the Service. All information and documents designated as confidential, which are transmitted to one party by the other, shall be considered confidential, regardless of the medium used for such transmission (paper, drawings, electronic media, etc.) or the form (written, oral, etc.) of such transmission. Consequently, MyEasyFarm to limit the disclosure of confidential information solely to those persons assigned to the performance of the Service. It is further specified that MyEasyFarm to ensure that its staff, suppliers, and any third parties involved maintain the strictest confidentiality regarding all operations carried out within the scope of the Service. However, information that was already known to the public prior to its disclosure, without any breach of this agreement, shall not be considered confidential. The provisions of this article shall remain in effect for a period of one year following the termination of the Service.Article 13: Communication of promotional messages
At the time of registration, as well as during his use of the Sites and the Service, the User has the possibility to accept or not the processing of his Data for the purposes of commercial prospecting, improvement of the Service or satisfaction surveys. To do so, he must modify his personal parameters on his account.Article 14: Cookies
During their visits, Customers are informed that a cookie may be automatically stored on their device. A cookie is a small file containing information about the User’s browsing activity, which helps improve the quality of the MyEasyFarm Websites. The Customer can configure their browser to decide whether or not they wish to allow cookies to be stored on their device. If cookies are refused, the Customer accepts that certain features of the relevant site may be impaired. They may choose to disable these cookies at any time. The browser can also be set to notify the Customer when cookies are placed on their computer and ask whether to accept them or not. The Customer may accept or reject cookies on a case-by-case basis or reject them systematically once and for all. MyEasyFarm to remind you that these settings may alter the conditions of access to the Service that require the use of cookies. In such cases, MyEasyFarm all liability for any consequences resulting from the impaired functioning of the Sites and the Service, arising from the Customer’s refusal of cookies and MyEasyFarm inability MyEasyFarm or access the cookies necessary for their operation due to the Customer’s choice. Each browser has different settings for managing cookies and the Customer’s preferences. The Customer can access these settings via their browser’s help menu.Article 15: Hardship
MyEasyFarm request renegotiation of the contract with the Customer if events occur that fundamentally alter the balance of the services, whether because the cost of fulfilling the obligations has increased or because the value of the consideration has decreased, and- (a) that these events occurred or came to MyEasyFarm attention MyEasyFarm the contract was concluded;
- (b) that MyEasyFarm reasonably have taken such events into account at the time the contract was concluded;
- (c) these events are beyond the control of MyEaysFarm ;
