TCSU EN

TERMS AND CONDITIONS OF SALE AND USE OF SOFTWARE LICENSES AND ASSOCIATED SERVICES

BEFORE USING THE AtomicSeller SOFTWARE, YOU MUST AGREE TO THE FOLLOWING CONDITIONS:

1. OBJECT

The general terms and conditions described below detail the rights and obligations of AtomicSeller and its client in accordance with the sales activities of AtomicSeller software and consulting services, project support, development, training and support. Any purchase of service or software to AtomicSeller therefore implies the unreserved acceptance of the customer, to these general conditions of sale.

2. GRANT OF LICENSE.

“AtomicSeller” gives you a nonexclusive right to install and use this Software “AtomicSeller” FOR EVALUATION PURPOSES OR FOR AN UNLIMITED PERIOD OF TIME (AtomicSeller Free) OR FOR A PERIOD LIMITED TO ONE (1) YEAR (AtomicSeller Pro, AtomicSeller Enterprise). To use the Software for any professional or commercial purpose, you must obtain an appropriate license number generated by “AtomicSeller” (see https://www.atomicseller.com).

3. CONDITIONS OF SALES, DELIVERY AND PAYMENT

AtomicSeller offers a range of software and related services. The right to use this software is offered at different prices depending on the differentiated functions of each software. The unit price list can be consulted at any time on the website www.atomicseller.com and is subject to change without notice.

The right to use the software is sold as an annual fee on www.atomicseller.com. Payment takes place directly on this website, at the time of purchase and by means of a secure payment such as Paypal or credit card. The right of withdrawal is treated in accordance with the current legislation.

Proposed prices are inclusive of VAT. Meaning that they are inclusive of all taxes and VAT is not extra charged. Purchases can be made in 2 different currencies: Euro or Dollar. In absolute value, the proposed price is the same, whether the transaction takes place in one or the other of these 2 currencies.

As the payment does take place at the time of purchase, AtomicSeller does not practice any discount for early payment, nor penalties for late payment.

The delivery of the software takes place immediately after payment, by downloading through the internet and by obtaining a license number.

At certain events and / or in certain countries, price reductions or discounts may be granted in the form of a coupon.

4. GDPR COMPLIANCE

The General Data Protection Regulation strengthens the regulation of the circulation and processing of personal data of persons.

AtomicSeller undertakes to respect the principles of protection of personal data and privacy imposed by the GDPR Regulation.

If you provide us with personal information such as: your name, postal address, e-mail address or telephone number or any other personal data, whether by e-mail or by filling out a form, you can rest assured that we will only use the information required to answer to your requests and manage their follow up. Email messages and electronic data are handled with the best privacy measures.

The personal data that you communicate to us are kept for 10 years, and are not communicated to any other organization (partner, subcontractor, marketing or advertising agency, canvassing agency).

We undertake not to use your personal data to make a profiling type treatment, as well as not to use your personal data to offer you ads of products or services adapted or not to your interests, in an automated processing without your consent.

At any time, you may exercise your rights concerning the use, processing and archiving of your personal data by AtomicSeller:

– Right to forget: consisting of requesting the erasure of data concerning you.

– Right of portability of data: consisting of retrieving a copy of your data in a readable format.

– Right of limitation: consisting of requesting the suspension of the processing of data concerning you.

In case of security breach and / or theft of personal information by a person and / or a malicious organism outside AtomicSeller, we undertake to notify this violation of personal data as soon as possible, to the authorities and to the persons concerned.

5. RESERVATION OF PROPERTY

AtomicSeller software is and remains the property of AtomicSeller, which only grants the right of use to its customers. AtomicSeller reserves the right to delete a user license if the annual fee has not been paid by the customer.

6. DISCLAIMER OF WARRANTY

This software is provided “as it is” without warranty of any kind, either expressed or implied. The entire risk as to the quality and performance of the software is yours. Should the software prove defective, you assume the cost of all necessary servicing, repair, or correction. In no event shall the author, copyright holder, or any other party who may redistribute the software be liable to you for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use the software (including, but not limited to, loss of data, data being rendered inaccurate or corrupted, loss of business or production profits, loss of business or production information, business or production interruptions, loss sustained by you or third parties, or a failure of the software to operate with any other software) even if the author, copyright holder, or other party has been advised of the possibility of such damages.

You are not allowed to:

– do reverse-engineering, to decompile or disassemble the software;

– manipulate or alter the components that make up this software in ANY way;

– repackage the files that come with this software.

– make the software publicly or privately available (including, but not limited to, uploading to publicly accessible archives, mirroring and distribution of the software on CD-ROM, floppy disk or similar media) unless specifically and explicitly licensed by the author to do so.

– use parts of this software in order to enhance competing products.

THE PUBLISHER AND AUTHOR OF THIS SOFTWARE (ATOMICSELLER) CANNOT BE HELD

LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE ARISING THROUGH INSTALLATION AND USE OF THE SOFTWARE OR UNABILITY TO USE IT FOR ANY SPECIFIC PURPOSE.

VIOLATION OR NON-ACCEPTANCE OF ANY OF THE ABOVE LICENSE CONDITIONS IMMEDIATELY AND UNCONDITIONALLY TERMINATES YOUR LICENSE.

7. FORCE MAJEURE

The responsibility of the company AtomicSeller cannot be engaged in any case if the non-execution or the delay in the execution of one of the obligations described in these general conditions of sale results from a case of absolute necessity. Force majeure means any external event, unforeseeable and irresistible within the meaning of article 1148 of the French Civil Code.

8. RESOLUTION OF DISPUTES

Any dispute relating to the interpretation and execution of these general conditions of sales is subject to French law.

In absence of amicable resolution, the dispute will be brought before the Commercial Court of the registered office of AtomicSeller. In this case, it is the commercial court of Créteil in France.