CYTO Business Suite

ARTICLE 1 - Scope of Application

These General Conditions of Sale (referred to as "GCS") apply, without limitation or exception, to any acquisition of the following services: Computer software.

as provided by the Service Provider to non-professional clients ("Clients or the Client") on the website .

The primary features of the Services are detailed on the website .

The Client must read this prior to placing any order. The selection and acquisition of a Service are the exclusive responsibility of the Client.

These Terms and Conditions are available at all times on the website and shall take precedence over any other document.

The Client acknowledges having read these General Terms and Conditions and accepts them by checking the designated box prior to initiating the online ordering process on the site .

Unless demonstrated otherwise, the data recorded in the Service Provider's computer system serves as evidence of all transactions completed with the Client.

The contact information for the Service Provider is as follows:

CYTO FRANCE, SAS
Capital of €2,000
Register under the RCS number 982 865 636
60 Rue François 1er, 75008, Paris, France
Email:

Customs duties, local taxes, import duties, or state taxes may be applicable. These charges are the sole responsibility of the Client.

ARTICLE 2 - Pricing

The Services are offered at the prevailing rates displayed on the website , at the time the order is placed by the Service Provider. Prices are stated in Euros, both excluding and including VAT. The rates reflect any discounts that may be provided by the Service Provider on the website.

These prices are fixed and non-negotiable during their validity period; however, the Service Provider retains the right to adjust the prices at any time outside this period. The prices exclude processing, shipping, transport, and delivery costs, which are billed separately according to the conditions specified on the website and calculated prior to order placement.

The payment required from the Client reflects the total purchase amount, inclusive of these additional costs. An invoice is issued by the Service Provider and provided to the Client upon delivery of the ordered Services.

ARTICLE 3 – Directives

The Client is responsible for selecting the Services they wish to order on the website .

The sale will be deemed valid only upon receipt of full payment. It is the Client's responsibility to verify the accuracy of the order and to promptly report any discrepancies. Any order placed on the website constitutes the establishment of a contract concluded remotely between the Client and the Service Provider.

The Service Provider retains the right to cancel or decline any order from a Client with whom there is a dispute regarding the payment of a prior order. The Client will be able to track the status of their order on the website.

Placing an order on the website signifies the establishment of a contract for a minimum duration of one year, which may be renewed for an equivalent period through tacit agreement.

Pursuant to the provisions of Article L 215-1 of the Consumer Code, as detailed below:

For service provision contracts established for a fixed term that include a tacit renewal clause, the professional service provider is required to notify the consumer in writing, via a dedicated registered letter or email, no earlier than three months and no later than one month prior to the expiration of the period that permits the rejection of the renewal. This notification must clearly and understandably convey the option of not renewing the contract that includes a tacit renewal clause. Additionally, this information must be presented in a prominent box, highlighting the deadline for non-renewal.

If this information has not been provided to him in accordance with the stipulations of the first paragraph, the consumer may terminate the contract without charge at any time from the renewal date. Advancements made subsequent to the last renewal date or, in the case of open-ended contracts, following the transformation date of the initial fixed-term contract, shall be reimbursed within thirty days from the termination date, after deducting the amounts corresponding to the execution of the contract up to that date.

The provisions of this article apply without prejudice to those that legally impose specific rules regarding consumer information on certain contracts. Article L215-2 of the Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services; conversely, Article L215-3 of the Consumer Code stipulates that these rules are applicable to contracts established between professionals and non-professionals.

Article L241-3 of the Consumer Code imposes penalties on professionals who fail to issue reimbursements in accordance with the stipulations outlined in Article L 215-1 of the Consumer Code.

ARTICLE 4 - Payment Terms

The payment is made securely, in accordance with the following terms:

Payment via bank card or bank transfer to the Seller's bank account (the details of which are provided to the Client upon order placement)
The total amount is to be paid in cash by the Client in full on the day the order is made.

Payment information is transmitted in an encrypted format utilizing the protocol established by the authorized payment service provider engaged in banking transactions conducted on the site .

Payments made by the Client will be deemed final only upon the actual collection of the amounts owed by the Service Provider.

The Service Provider shall not be obligated to deliver the Services requested by the Client if the latter fails to remit the full payment as stipulated in the aforementioned conditions.

ARTICLE 5 - Delivery of Services

The services requested by the Client will be delivered in accordance with the following terms:

Access to the platform and its services. These services will be provided within a maximum of 24 hours following the final validation of the Client's order, as outlined in these General Terms and Conditions at the address specified by the Client during the ordering process on the website.

The Service Provider commits to exerting its best efforts to deliver the services requested by the Client, within the framework of an obligation of means and within the aforementioned time limits.

If the Services requested have not been delivered within one week following the estimated delivery date, for reasons other than force majeure or actions taken by the Client, the sale of the Services may be terminated at the written request of the Client in accordance with the provisions outlined in Articles L 216-2, L216-3 and L241-4 of the Consumer Code. The amounts paid by the Client will be refunded no later than fourteen days after the contract termination date, excluding any compensation or deductions.

In the event of a specific request from the Client regarding the terms of service provision, which is formally accepted in writing by the Service Provider, the associated costs will be subject to separate invoicing at a later date.

In the absence of any reservations or complaints explicitly communicated by the Client upon receipt of the Services, these will be considered to conform to the order in both quantity and quality.

The Client shall have a period of 15 days from the provision of the Services to submit complaints via email to , along with all relevant supporting documents, to the Service Provider. No complaint will be validly accepted if the Client fails to comply with these formalities and deadlines. The Service Provider will reimburse or rectify, at its own expense, any Services for which the lack of conformity has been duly established by the Client.

ARTICLE 6 - Right of Withdrawal

Pursuant to Article L221-18 of the Consumer Code, "For contracts stipulating the regular delivery of goods over a specified period, the period commences upon receipt of the first good." The right of withdrawal may be exercised online by utilizing the attached withdrawal form, which is also accessible on the website, or through any other unequivocal declaration indicating the intention to withdraw, particularly via postal mail directed to the Service Provider at the postal or email address specified in ARTICLE 1 of these General Terms and Conditions.

Should the right of withdrawal be exercised within the aforementioned period, only the price of the ordered Services will be refunded. The reimbursement of the amounts actually paid by the Client will occur within 14 days from the receipt by the Service Provider of the Client's withdrawal notification.

ARTICLE 7 - Liability of the Service Provider - Guarantees

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or hidden defect arising from a design or performance defect of the Services ordered under the following conditions and terms:

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code states, "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when these have been provided at his expense by the contract or have been carried out under his responsibility."
Article L217-5 of the Consumer Code specifies, "The goods comply with the contract: 1° If they are suitable for the use usually expected of a similar good and, where applicable:
- if it aligns with the description provided by the seller and possesses the qualities that were presented to the buyer through a sample or model;
- if it possesses the qualities that a buyer can reasonably anticipate based on the public assertions made by the seller, the producer, or their representative, particularly in advertising or labeling;
- Or if it exhibits the characteristics mutually agreed upon by the parties or is appropriate for any specific use desired by the buyer, which has been communicated to the seller and accepted by the latter."
Article L217-12 of the Consumer Code states, "The action arising from a lack of conformity is subject to a two-year limitation period from the date of delivery of the good."
Article L217-16 of the Consumer Code specifies, "When the buyer requests the seller, during the term of the commercial guarantee provided at the time of acquisition or repair of a movable good, to perform a repair covered by the guarantee, any period of immobilization lasting at least seven days shall be added to the remaining duration of the guarantee. This period commences from the buyer's request for intervention or from the provision for the repair of the good in question, if such provision occurs after the request for intervention."

To assert their rights, the Client must notify the Service Provider in writing (via email or letter) regarding the existence of defects or lack of conformity.

The Provider will refund, rectify, or arrange for the rectification of services identified as defective as promptly as possible, and no later than 7 days after the Provider's discovery of the defect or fault. This reimbursement may be issued via bank transfer or check.

The Provider's guarantee is confined to the reimbursement of the Services that the Client has actually paid for.

The Service Provider shall not be deemed liable or at fault for any delay or non-performance arising from an event of force majeure as typically recognized by French case law.

The Services offered through the Provider's website adhere to the regulations currently in effect in France. The Provider shall not be held liable for any non-compliance with the legislation of the country in which the Services are rendered. It is the Client's responsibility to verify the compliance of the Services requested, for which the Client bears sole responsibility.

ARTICLE 8 - Personal Information

The Client is hereby informed that the collection of personal data is essential for the sale, performance, and delivery of the Services, as well as for their transmission to third parties involved in the execution of the Services. This personal data is collected exclusively for the fulfillment of the service provision contract.

8.1 Collection of Personal Data

The personal data gathered on the website includes:

Account establishment
- When establishing the client or user account: Names, given names, mailing address, phone number, and email address.
Payment
- As a component of the payment for the services provided on the website, it collects financial information pertaining to the bank account or credit card of the client/user.

8.2 Recipients of Personal Data

Personal data is exclusively designated for the use of the Service Provider and its personnel. The data controller is the Service Provider, as defined by the Data Protection Act and, effective May 25, 2018, Regulation 2016/679 concerning the protection of personal data.

8.3 Limitation of Processing

Unless the Client explicitly consents, their personal data are not utilized for promotional or marketing objectives.

8.4 Data Retention Period

The Service Provider will retain the collected data for a duration of 5 years, encompassing the timeframe of the limitation period for relevant contractual civil liability.

8.5 Security and Confidentiality

The Service Provider employs organizational, technical, software, and physical measures to ensure digital security is essential for safeguarding personal data from alteration, destruction, and unauthorized access. However, it is important to recognize that the Internet is not an entirely secure environment, and the Service Provider cannot assure the security of information transmission or storage online.

8.6 Implementation of the Rights of Clients and Users

In accordance with the regulations governing personal data, Clients of the website possess the following rights:

They may update or delete their data through the following methods:
- By submitting the request via email to .
Clients may delete their account by contacting the email address specified in section 8.2, "Recipients of Personal Data."
They can exercise their right of access to their personal data by writing to the address outlined in section 8.2, "Recipients of Personal Data."
If the personal data maintained by the Service Provider is inaccurate, they may request an update of the information by reaching out to the address indicated in section 8.2, "Recipients of Personal Data."
They can also request the deletion of their personal data in accordance with applicable data protection laws by writing to the address specified in section 8.2, "Recipients of Personal Data."
They may also request the transfer of data held by the Service Provider to another service provider.
Ultimately, they can contest the processing of their data by the Service Provider.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by submitting a request via post or email to the Data Controller, whose contact details are provided above. The Data Controller is obligated to respond within a maximum of one month. Should there be a refusal to comply with the Client's request, a justification must be provided. The Client is informed that in the event of a refusal, he or she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or escalate the matter to a judicial authority.

The Client may be prompted to check a box indicating consent to receive informative and promotional emails from the Service Provider. He or she will always retain the option to withdraw consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.

ARTICLE 9 - Intellectual Property

The content of the website is the property of the Seller and its partners, protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute a violation of copyright.

ARTICLE 10 - Governing Law - Language

These General Terms and Conditions, along with the transactions arising from them, are governed by and subject to French law. The General Terms and Conditions are composed in French. Should they be translated into one or more foreign languages, the French text shall prevail in the event of a dispute.

ARTICLE 11 - Disputes

For any complaints, please reach out to customer service at the postal or email address of the Service Provider specified in ARTICLE 1 of these General Terms and Conditions.

The Client is advised that they may, in any circumstance, seek conventional mediation through established sectoral mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of a dispute. In such cases, the mediator will be appointed by the service provider.

The Client is also advised that he may utilize the Online Dispute Resolution (ODR) platform:

All disputes arising from purchase and sale transactions conducted under these General Terms and Conditions that have not been resolved amicably between the seller or through mediation will be submitted to the appropriate courts in accordance with common law.

ANNEX I - Withdrawal Form

Date: **__**

This form must be filled out and submitted solely if the Client intends to withdraw from the order made on , except for any exclusions or limitations regarding the exercise of the right of withdrawal as stipulated in the applicable General Conditions of Sale.

For the attention of SAS, CYTO FRANCE.

60 rue François 1er

I hereby formally notify the withdrawal of the contract pertaining to the order of the service detailed below:

Order of (specify date)
Order number: ...............................................................
Client Name: ...............................................................
Client Address: ...............................................................

Signature of the Client (only applicable if this form is provided in paper format)