Publication date: 27/08/2021

Definitions :

In the general terms of use, words or expressions beginning with a capital letter have the following meaning:

"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 Client by MyEasyFarm

"Site": One of the MyEasyFarm websites allowing the User to access the Service, namely https://www.myeasyfarm.com and https://app.myeasyfarm.com

"Personal data" means any information that directly or indirectly identifies a natural person.

Article 1: General presentation

MyEasyFarm, a simplified joint stock company, is a publisher of computer applications for the web and mobile computer terminals dedicated to farm management. The functionalities of the application proposed by MyEasyFarm are aimed exclusively at audiences composed of professionals linked to the agricultural world.

All Services provided by MyEasyFarm are accessible remotely using electronic communications networks. As such, they are accessible in "Software as Service" (SaaS).

These general terms and conditions of sale (hereinafter referred to as the "GTC") define the legal framework of the Services offered by MyEasyFarm. These T&Cs also apply to the one month trial offer.

The GTC also define the legal framework of the relationship between MyEasyFarm and the Customer. MyEasyFarm and 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 Client accepts without reservation the present GTC. The Client declares and acknowledges, therefore, that he has read these general terms and conditions of sale.

These GTC apply to all Services offered by MyEasyFarm and ordered by the Client.

Furthermore, the Client is informed that these GTC may be updated at any time. Indeed, MyEasyFarm reserves the right to modify, at any time, the content of the GTC as well as their conditions of access. The latest available version of the GTC shall prevail, if necessary, over any other version of these GTC. The Customer therefore undertakes to keep himself/herself informed of the version of the GTC that is applicable. To this end, the GTC are available at any time at the bottom of each page of the Site and on request by the Customer.

Article 3: Access to the Services

To access the application https://app.myeasyfarm.com, the Customer must first take out a subscription in accordance with these GTCs for a minimum period of one (1) year apart from the one (1) month trial offer granted by MyEasyFarm.

The subscription is made by creating an account, indicating the necessary information. The information entered by the Customer is binding upon validation.

The Customer is informed and accepts that the information entered for the purposes of creating or updating his/her account is proof of his/her identity. The Customer certifies that the information entered when creating the account for the purpose of accessing the Service is deemed to be accurate, true and complete, under penalty of incurring liability for the consequences that may arise as a result of these false declarations.

After subscribing to a subscription, the Client will receive an e-mail confirming the creation of his/her account, including the access codes created by him/her (user name and password). These access codes allow the Client to access his account in order to benefit from the Services offered by MyEasyFarm.

In the event of a security problem concerning the Services offered, in particular relating to access codes, the Client concerned undertakes to inform MyEasyFarm immediately. Any Customer who encounters any risk to his password must change it immediately after informing MyEasyFarm.

Any request to change your login and/or password must be sent exclusively to the following e-mail address: contact@myeasyfarm.com

Article 4: Use of the Services

For the duration of the subscription or order, the Client has access to MyEasyFarm Services.

The Customer can access his account at any time after having identified himself with his login and password.

The use of the Services provided by MyEasyFarm is strictly personal, the Client must take all necessary measures to ensure that no other person can use it on his behalf.

The Client is also prohibited from offering and/or marketing to any third party the Services offered by MyEasyFarm. MyEasyFarm reserves the right to suspend or terminate the subscription of the offending Client.

MyEasyFarm undertakes to inform, advise and inform the Customer to the best of its knowledge and ability. In this context, MyEasyFarm offers training workshops to use the Services. This training may be subject to additional billing.

Article 5: Subscription to Services

5.1 Prices

MyEasyFarm's offers can be found on the website https://www.myeasyfarm.com, under the "Prices" tab.

The Customer undertakes to pay for the subscription or order in accordance with the conditions set out in these GTC.

All prices invoiced to the Customer are those in force on the day of the subscription or order, less, where applicable, any applicable discounts, rebates and refunds.

All prices are expressed in euros excluding VAT and including the applicable French VAT.

Prices are subject to change at any time depending on the market and will be updated on the Site as and when changes occur.

An invoice is issued by MyEasyFarm after receipt of payment from the Client.

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.

Payment can be made online in the following ways, as desired:

• By credit card via a secure payment system,

5.3 Duration and renewal of the subscription

The subscription or order is taken out for a period of one (1) year, for which period the Customer agrees to commit himself.

The subscription or order is renewable. When renewing a subscription or order, no trial period is offered, except for promotions or commercial gestures granted by MyEasyFarm.

On the anniversary of the subscription, the subscription is automatically renewed for a period of one (1) year. In this respect, the Customer is entitled to terminate the subscription thirty (30) days before the end of the subscription period in accordance with the conditions set out in Article 9 of the GTC.

5.4 Default of payment

In the event of non-payment of the subscription or order, it is automatically suspended by MyEasyFarm on the day of such default. In addition, late payment penalties at the legal interest rate plus ten points will be applied automatically.

In case of settlement of the default by the Customer within a period of fifteen (15) calendar days from the date of such default, MyEasyFarm validates the subscription to the benefit of the Customer for the period of one (1) year. This period begins on the day of validation by MyEasyFarm.

Article 6: Right of withdrawal

In accordance with the laws in force, the Customer, as a professional, does not benefit from a right of withdrawal.

Article 7: Satisfaction or refund

MyEasyFarm offers the possibility to test the proposed Services free of charge for a period of 30 days.

At the end of this trial period, the Services will not be subject to a "money back" policy.

Article 8: Liability

In providing its service, MyEasyFarm is bound only by an obligation of means. MyEasyFarm undertakes to implement all necessary means to ensure the best processing of orders and provision of services. However, MyEasyFarm disclaims any responsibility for mismanagement, error or misuse of services. In no event shall MyEasyFarm be liable for any damages of any kind resulting from the use of the Services.

MyEasyFarm cannot be held responsible for delays or failures due to force majeure or an event beyond its control, or due to the Client.

MyEasyFarm can in no way be held liable for any inconvenience or damage inherent in access to and / or use of the Internet and / or electrical network, including disruption of service (s), external intrusion (s) or the presence (s) of computer viruses. The same applies to the needs, questions or problems of compatibility, interoperability and/or quality inherent in the use of any physical or technical means enabling access to the Sites or Services.

Article 9: Termination

9.1 Termination by the Customer

At any time, the Client is entitled to terminate his subscription without additional costs. The Client may terminate his subscription and his account by sending a letter by registered mail with acknowledgement of receipt addressed to the head office of MyEasyFarm, at least thirty (30) days before the end of the subscription period.

Following its termination, MyEasyFarm authorizes the Client to request a raw copy of the data relating to its use of the Service. This request may not be made more than six (6) months after termination. The Client will not be able to retrieve all of his 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 its obligations under the present contract, the sale may be cancelled by the injured Party. This termination will take place automatically fifteen (15) days after a formal notice has been sent by registered letter with acknowledgement of receipt to perform without effect. This formal notice must mention the intention to apply this clause and the failures noted.

9.3 Termination in case of force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure within the meaning of Article 1218 of the Civil Code. The Party noting the event must immediately inform the other Party in writing of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay. The performance of the obligation shall be suspended for the 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 cancelled after sending a registered letter with acknowledgement of receipt mentioning the intention to apply this clause.

Article 10: Intellectual Property

The general structure, as well as the software, texts, images, sounds, trademarks, know-how and all other elements composing the Websites constitute an intellectual work and are the exclusive property of MyEasyFarm.

The distinctive signs of MyEasyFarm, such as domain name, trademark, denomination, logo, are protected by the code of intellectual property and the deposits and registrations made by MyEasyFarm.

Any reproduction and / or representation, use or adaptation, modification, distortion, total or partial Sites or distinctive signs, by any means whatsoever, and in any form whatsoever, without the express permission of MyEasyFarm, is prohibited and may be punishable under civil and criminal law, including forgery. The fact that MyEasyFarm does not initiate proceedings upon becoming aware of such unauthorized use does not mean that it accepts such use and waives its right to prosecution.

These GTC shall not be interpreted as implying any transfer of rights to these elements to the Customer.

MyEasyFarm represents and warrants:

• That the Sites and their functionalities that he has developed are original and are not the result of any act of counterfeiting.
• That it holds all the intellectual property rights which allow it to publish the Sites.

Article 11: Protection of personal data

The personal data of Users of the Websites and Services are collected by MyEasyFarm and are recorded in a computerized file.

For the purposes of the Service, its use and management, the User authorizes MyEasyFarm to collect his Personal Data. The person responsible for processing personal data is MyEasyFarm, represented by François Thierart, its legal representative.

In compliance with the European regulation n°2016/679, known as the General Data Protection Regulation (RGPD) and the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal data on the Websites has the following purpose:

• To allow navigation on the Sites, management and traceability of the Services ordered by the User

The recipients of this processing are MyEasyFarm and its subcontractors. Personal Data is kept for a period that does not exceed the time necessary for the purposes for which they are collected. It is therefore kept for the duration of the Service and 3 years after the termination of the Service by the User.

Users' Personal Information may be transferred to countries outside the European Union. MyEasyFarm undertakes to process, host or transfer such Data to countries that ensure a sufficient level of protection of the privacy of Users and their Personal Data. MyEasyFarm undertakes to comply with the obligations and to complete the prior formalities with the CNIL in the context of data transfers.

In accordance with the aforementioned laws, Users have the right to access, rectify, delete, oppose, portability and limit the Data that concerns them.

The Customer may also decide what to do with his Personal Data after his death.

These rights can be exercised at the following address

The Customer must indicate the purpose of the request and provide a copy of his/her identity document (passport or identity card).

In the event of a complaint, the User may contact the Commission Nationale Informatique et Libertés (CNIL).

Article 12: Confidentiality

MyEasyFarm and the Client shall not disclose confidential information to which they may have access in the context of the Service. All information and documents designated as such, transmitted by the other party, regardless of the medium used for such transmission (paper, drawings, computer media, etc.) or the form (written, oral, etc.) of such transmission, shall be considered confidential.

Consequently, MyEasyFarm undertakes to limit the communication of confidential information to persons assigned to the execution of the Service. MyEasyFarm undertakes to ensure that its staff, suppliers and any third party involved, respect the strictest confidentiality for all operations it performs under the Service.

However, information that was publicly known prior to its disclosure without breach of this Agreement shall not be considered confidential.

The provisions of this section shall remain in force for a period of one year from 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 commercial prospecting, improvement of the Service or satisfaction survey. To do so, he/she must modify his/her personal parameters on his/her account.

Article 14: Cookies

During their visits, Clients are informed that a cookie may be automatically installed on their terminal. This is a small file containing information about the browsing habits of Users, which makes it possible to improve the quality of the MyEasyFarm Sites.

The Customer can configure his browser to allow him to decide whether or not he wants cookies to be stored in his terminal.

In case of refusal, the Customer accepts to suffer a degradation of certain functionalities of the site concerned. He may at any time choose to deactivate these cookies. The browser can also be set to indicate the cookies that are deposited in the Customer's computer and to ask whether or not to accept them.

The Client may accept or refuse cookies on a case-by-case basis or systematically refuse them once and for all. MyEasyFarm would like to remind you that the settings may change the conditions of access to the Service requiring the use of cookies.

Where applicable, MyEasyFarm disclaims any responsibility for the consequences of the degraded operation of the Sites and the Service, resulting from the refusal of cookies by the Client and the inability of MyEasyFarm to save or view the cookies necessary for their operation due to the choice of the Client.

For the management of cookies and the Customer's choices, the configuration of each browser is different. The Customer can access it via the help menu of his browser.

Article 15: Hardship

MyEasyFarm may request the renegotiation of the contract with the Client, if events occur that fundamentally alter the balance of services, either because the cost of fulfilling the obligations has increased or the value of the consideration has decreased, and

1. a) these events occurred or became known to MyEasyFarm after the conclusion of the contract;
2. b) MyEasyFarm could not reasonably have taken such events into account when concluding the contract;
3. (c) such events are beyond the control of MyEaysFarm;

and d) that the risk of these events has not been assumed by MyEasyFarm.

If the Client refuses to renegotiate, the parties agree to terminate the contract, which will take place on the day on which renegotiation is refused.

Article 16: Miscellaneous

16.1 Invalidity

If any of the clauses of the GTC are declared null and void, the other clauses shall remain in full force.

16.2 Language

The GTC and the Sites are written and used in the French language, which is the only language that can be used against the Parties. Any translation can only be informative.

16.3 Applicable law and jurisdiction

These GTC are governed by French law.

In the event of any difficulty regarding the interpretation or execution of these GTC, the Customer and MyEasyFarm agree to meet within an appropriate period of time to consider in good faith any solution to the difficulties encountered. In this regard, the Customer and MyEasyFarm shall seek any adjustments to be made to the order to allow its continuation and negotiate the terms.

In case of persistent disagreement, the Client and MyEasyFarm agree to resort to an amicable method of dispute resolution, such as mediation, before bringing the dispute before the competent court of the place of MyEasyFarm's headquarters.