TERMS OF USE

Last Revised: Martigny, September 28, 2023

These Conditions

(1) This website (the "Site") and/or the services, including all connected mobile applications (collectively the "Services"), are owned and operated by CALINESSE (hereinafter also referred to as "we," "our," or "us"). These Terms of Use (the "Terms") define the terms and conditions under which visitors or users (collectively, the "user" or "you") may visit or use the Site and/or the Services.

(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not accept all of the Terms, you should not access the Site or use any of the Services. Please read these Terms carefully before accessing our Site or Services, or using them. In these Terms, you will find information about who we are, how you can use our Services, and what you can do if you encounter any issues.

(3) You represent that you are of legal age and have the legal authority, right, and power to enter into a binding agreement based on these Terms and to use the Services. If you are not of legal age, you may only use the Services with the consent of your parents or legal guardian.

[For business users]

(4) This website is published by CALINESSE.

The publishing director is Muriel Bagnoud.

You can contact us:

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by phone: (local call rate) by email: by mail: NEWCOS Av. de la Gare 1 CP 874 1920 Martigny SWITZERLAND

This Site is hosted by Wix.com.

[For individual users]

(5) This Site is hosted by Wix.com.

These Terms are provided in the French language. In case of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

Intellectual Property

(1) Our Services and associated content (and any derivative work or improvement thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names, trade dress, and interactive features, as well as all intellectual property rights related thereto, are our property or licensed to us (collectively, "Our Intellectual Property"), and nothing herein grants you any rights in connection with Our Intellectual Property. Unless expressly stated herein or required under mandatory provisions of applicable law for the use of the Services, you shall acquire no rights, title, or interest in Our Intellectual Property. All rights not expressly granted herein are expressly reserved.

(2) If a Service includes the provision of digital content such as music or videos, the rights stated for that content on the Site shall apply to you.

User Content

(1) You may post on or through our Services text, files, images, photos, videos, sounds, music, literary works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information, and other materials, as applicable (collectively, "User Content").

(2) By posting or publishing ("Publishing") any User Content on or through the Services, you hereby grant us a limited, non-exclusive, fully paid, royalty-free, worldwide, license to use, modify, delete, add to, publicly perform, publicly display, and reproduce such User Content as part of the Services by distributing all or part of the Services through the appropriate media channels that we support, except that User Content that has not been publicly shared ("Private") will not be distributed outside of the Services.

(3) You represent and warrant that: (i) you own the User Content uploaded or provided by you through the Services or have the right to grant the license set forth in this Article, (ii) the posting and use of your User Content on or through the Services do not violate the rights to privacy, publicity, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your User Content on the Services does not result in a breach of contract between you and a third party.

(4) If you believe that your work has been copied or used in a way that constitutes copyright infringement, you can notify us using the contact information provided in the last section of these Terms and provide the following information:

(i) the contact details of the person authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of the material that you claim is infringing or subject to infringing activity and that needs to be removed or disabled, and sufficient information to allow us to locate that material (including its URL);

(iv) a statement that you believe in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner whose copyright has been infringed.

(5) We reserve the right to notify this counter-notice to the person or entity providing the notice of infringement and provide all details included therein.

(6) We can be reached at the following address:

NEWCOS SA

Av. de la Gare 1

CP 874

1920 Martigny SWITZERLAND

Disclaimer for Site and Service Use

The Services, Our Intellectual Property, and all documents, information, and content provided regarding them that are made accessible to any user free of charge are provided "as is" and "as available," without any warranty of any kind, express or implied, including any warranties of fitness for a particular purpose and any warranties of security, reliability, speed, accuracy, or performance of our services, except in cases of willful nondisclosure of defects. We do not warrant that our free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance, or updates.

Indemnification

You agree to defend and hold us harmless from any claim, damage, cost, liability, and actual or alleged expense (including, but not limited to, reasonable attorney's fees) arising out of or related to your use of the Site and the Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in the "Acceptable Use" article and any User Content uploaded or provided by you in violation of the warranties provided in the "User Content" article, unless these circumstances are not caused by your fault.

Limitation of Liability

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To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage that may result to you or a third party (including any direct or indirect loss, and any loss of income, profits, customers, data, contracts, as well as any loss or damage arising from or related to business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time, even if foreseeable) in connection with (i) this Site and its content, (ii) the use, inability to use, or results of using this Site, (iii) any website linked to this Site or the documents present on those linked websites. We shall not be liable for any delay or failure to perform our obligations arising from these Terms if such delay or failure results from an event beyond our control and/or a force majeure event within the meaning of Article 1216 of the French Civil Code.

Modification of Terms or Services; Interruption

(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion, to account for changes in the law or additional features that we may introduce, or as part of our business development. Therefore, you should check these Terms regularly, and in any case when you create a Member Account (if applicable). The new Terms will apply to any new use of the Service by you after their effective date. If recurring Services you use are affected by changes to the Terms, we will reasonably take your legitimate interests into account when making these changes. We will duly inform you of such changes in advance. The modifications shall be deemed accepted by you if you do not object to them within two months from the date of this notification. We will draw your attention to this fact in our notification. If you object, we shall have a special right, with no liability to you, to terminate the agreement concluded with you with effect from the date of entry into force of these changes.

We may modify the Services, cease providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without any liability. We will inform you sufficiently in advance if this is possible under the given circumstances, and we will reasonably take your legitimate interests into account when taking such action.

Links to Third-Party Sites

The Services may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control, and we are not responsible for their content, links, or changes or updates to them. We are not responsible for transmissions received from linked sites. Links to third-party sites are provided for convenience only. The inclusion of links to other websites does not imply that we endorse their owners or their content.

Applicable Law

These Terms are governed and interpreted in accordance with French law, excluding the rules of conflict of laws.

Miscellaneous

(1) No waiver of any breach or default under these Terms shall be deemed a waiver of any prior or subsequent breach or default.

(2) The headings of articles used in these Terms are used for convenience only and have no legal effect.

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Unless otherwise indicated, if any provision of these Terms is found to be illegal or unenforceable for any reason, it is agreed that such provision shall be deleted, the remaining provisions of these Terms shall not be affected, and they shall remain in force. By accepting the Terms, you agree not to challenge the probative value of documents exchanged via the Site, based on their electronic nature. Computerized records are considered evidence of communications, orders, and payments made between us. Your acceptance of the Terms constitutes a proof agreement within the meaning of Article 1368 of the French Civil Code.

(4) You may not assign your agreement with us under these Terms, or your rights or obligations under these Terms, in whole or in part, without our prior written consent.

(6) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us regarding the Services and the sale of Products.

(7) The provisions of these Terms that, by their nature, should survive any action by us, shall survive, including, but not limited to, the provisions related to indemnities, waivers, disclaimers of liability, limitations of liability, and this "Miscellaneous" article.

NEWCOS SA

Av. de la Gare 1

CP 874

1920 Martigny SWITZERLAND

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