Conditions Générales de Vente

Terms of Sale of the Delta Service.

Preamble

These Terms of Sale (hereinafter "ToS") govern subscription to a paid plan of the Delta software (hereinafter "the Service" or "Delta"), published by:

Delta Labs SAS, a simplified joint-stock company with a share capital of €1,000, registered with the Niort Trade and Companies Register under number 102 094 448, SIRET 102 094 448 00010.

• Registered office: 11 BIS Allée du Muguet, 79200 Parthenay, France
• Phone: +33 7 66 80 89 66
• Email: admin@mydelta.app
• Intra-community VAT number: FR36102094448
• President and Publication Director: Grégory Ilan Muschel
• Hosting provider: Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg. HDS-certified — data hosted in France (eu-west-3 region, Paris)

Use of the Service is further governed by the Terms of Use (ToU) and the Privacy Policy.

Article 1 — Online subscription process

1.1 Steps for concluding the contract

Subscription to a paid plan takes place online according to the following steps:

• (1) Consultation of the Service's presentation page with description of the pricing plans and access to these ToS
• (2) Completion of the registration form with the required information
• (3) Acceptance of the ToS and the ToU by explicit checkbox, with links to the downloadable documents
• (4) Display of a summary screen presenting the chosen plan, the price including all taxes, the billing frequency, and a definitive confirmation button
• (5) Automatic sending of a confirmation email containing the subscription summary and a link to the ToS in force

The contract is concluded at the moment the User clicks the definitive confirmation button (step 4).

1.2 Correction of input errors

The User may modify their information at any time before the definitive confirmation of subscription. The summary screen (step 4) allows verification of the order details and return to previous steps to correct any error.

1.3 Language of the contract

These ToS are drafted in French. The subscription process is offered in French.

1.4 Archiving of the contract

In accordance with Article L. 213-1 of the French Consumer Code (voluntarily applied by the Publisher), the electronic contract is archived for a period of ten (10) years from the date of subscription. The User may at any time request access to their archived contract by email to admin@mydelta.app.

Each version of the ToS is preserved with its date of entry into force. The system records the version accepted by each User along with the date of acceptance.

Article 2 — Subscription and financial terms

2.1 Pricing plans

The Service is offered as a monthly subscription at €29 per month, all taxes included.

The Publisher reserves the right to modify the prices and introduce new pricing plans with 30 days' advance notice by email. New prices will apply at the next renewal.

2.2 Payment terms

Payment is made by bank card through Stripe Payments Europe Ltd, a PCI-DSS certified secure payment provider. The Publisher does not store any banking data. The subscription is billed monthly on the anniversary date of the subscription. Invoices are available in the User's personal area.

In the event of payment failure, the Publisher will notify the User and grant a grace period of seven (7) days to regularise. After this period, access to the Service may be suspended.

2.3 Late payment penalties and recovery indemnity

Any late payment automatically incurs, without prior formal notice, late payment penalties calculated at three times the legal interest rate in force, applied to the amount including all taxes due, from the day following the due date.

In accordance with Article D. 441-5 of the French Commercial Code, any late payment also incurs a fixed compensation for recovery costs of forty (40) euros. Where the recovery costs incurred exceed this amount, the Publisher may request additional compensation upon presentation of supporting documents.

2.4 Termination by the User

The subscription has no minimum commitment period. The User may terminate at any time from their Account settings (self-service termination button) or by email to admin@mydelta.app. Termination takes effect at the end of the current monthly period.

No prorata refund is due for the remaining period of the current month.

2.5 Right of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the Service being digital content not provided on a tangible medium whose performance begins immediately with the User's agreement, the right of withdrawal does not apply once performance has begun.

However, the 14-day free trial period without commitment and without payment method required allows the User to try the Service without financial risk.

The provisions of the French Consumer Code relating to the right of withdrawal apply only where the User acts as a consumer within the meaning of that Code.

2.6 Consequences of termination

From the effective date of termination:

• Access to the Service's features is disabled
• The User has a period of ninety (90) days to export all of their Clinical Data
• After this period, the Clinical Data is definitively and irreversibly deleted
• Billing data is retained in accordance with legal obligations (10 years)

Article 3 — Evidence agreement

The Parties expressly agree that the computerised registers kept in the Publisher's information systems, under reasonable security conditions, constitute proof of the communications, orders, payments and transactions taking place between the Parties.

The following are notably admitted as valid evidence between the Parties:

• Connection data (IP address, UTC timestamp, browser user agent)
• Records of acceptance of the ToS (user identifier, version of the conditions accepted, timestamp of acceptance)
• Order confirmations and electronic invoices
• Confirmation emails sent by the system

This evidence agreement is concluded in accordance with Article 1356 of the French Civil Code.

Article 4 — Modification of the ToS

The Publisher may modify these ToS with 30 days' advance notice by email. Continued use constitutes acceptance. In case of refusal, the User may terminate without charge.

Each version of the ToS is identified by a version number and a date of entry into force. Previous versions are preserved and accessible upon request.

Article 5 — Governing law and disputes

5.1 Governing law

French law for Users in France, Belgian law for Users in Belgium.

5.2 Amicable resolution

The parties undertake to seek an amicable solution within a period of thirty (30) days.

5.3 Jurisdiction

Failing that, the competent courts of the Publisher's registered office (Tribunal judiciaire de Niort) will have sole jurisdiction, subject to the mandatory rules of jurisdiction applicable where the User acts as a consumer.

Article 6 — Miscellaneous provisions

6.1 Severability

The invalidity of one clause does not affect the others.

6.2 Entirety

These ToS, the ToU, the Privacy Policy and the DPA constitute the entire agreement.

6.3 Contact

• Email: admin@mydelta.app
• Phone: +33 7 66 80 89 66
• Address: 11 BIS Allée du Muguet, 79200 Parthenay, France