Any use of the platform, for any reason whatsoever, shall be deemed full and unconditional acceptance by the user of these Terms of Use (hereinafter the “ToU”).
Velveto, a French simplified joint-stock company (Société par Actions Simplifiée, or SAS) with a share capital of €1,000, registered with the Bastia Trade and Companies Register under number 940 867 443, and having its registered office at 70 Route du Cap, 20200 San-Martino-di-Lota, France, operates the website accessible at: https://www.velveto.app (hereinafter the “PLATFORM”).
ARTICLE 1. DEFINITIONSThe terms defined below shall have the following meanings in these ToU:
- DATABASE: Refers to a structured and organized set of data collected by Velveto from USERS, as well as data generated, calculated, and integrated by Velveto to which the tools and PLATFORM are connected. The DATABASE is funded, built, structured, and operated by Velveto, which holds all rights to it independently of the DATA it contains, in its capacity as producer as defined in Article L.341-1 of the French Intellectual Property Code or Article 7.1 of European Directive 96/9/EC.
- ACCOUNT: Refers to the interface hosted on the PLATFORM where all data provided by the USER is collected. Access to the ACCOUNT is gained through the USER’s LOGIN CREDENTIALS.
- TERMS OF USE or ToU: Refers to the present document.
- DATA: Refers to all data processed by Velveto and/or exchanged with the USER and/or the client in connection with the provision of the SOLUTIONS, including but not limited to identification data during use of the SOLUTIONS, excluding PERSONAL DATA as defined in the Privacy Policy.
- PERSONAL DATA (hereinafter also “personal data” in the ToU): Refers to any information relating to an identified or identifiable natural person, directly or indirectly, within the meaning of applicable personal data protection laws.
- LOGIN CREDENTIALS: Refers to the confidential identification code and password used to access the ACCOUNT. These credentials are for the exclusive use of the USER, who is solely responsible for them.
- PARTIES: Refers collectively to the USER and Velveto.
- PLATFORM or SITE or WEBSITE: Refers to the website operated by Velveto.
- USER: Refers to any internet user who accesses and navigates the PLATFORM and/or creates an ACCOUNT on behalf of their company.
- ADMINISTRATOR USER: Refers to the first USER registered for a given company or their designated replacement, where applicable.
These ToU constitute the contractual agreement between Velveto and the USER and define the respective rights and obligations of the PARTIES in the context of the use of the PLATFORM. The use of the SOLUTIONS is governed by the General Terms and Conditions of Sale applicable to the specific SOLUTION, which are available following these ToU.
ARTICLE 3. ACCEPTANCE AND MODIFICATION OF THE ToUUse of the PLATFORM’s functionalities and SOLUTIONS implies acceptance of these ToU. Accordingly, the USER agrees to carefully read the ToU when accessing the PLATFORM and is encouraged to print and retain a copy.
It is noted that the ToU are accessible at the bottom of every page on the PLATFORM via a hyperlink and may thus be consulted at any time. Velveto reserves the right to amend or update these ToU at any time, particularly to comply with changes in legislation or regulations. The applicable ToU are those in effect at the time the USER navigates the PLATFORM.
ARTICLE 4. TECHNICAL SPECIFICATIONSAny USER with internet access may access the PLATFORM 24/7. Access to the PLATFORM is free of charge. USERS are informed that access to the PLATFORM and the creation of an ACCOUNT entail no purchase obligation.
The USER acknowledges that they possess the necessary means and skills to use the PLATFORM. All equipment required to access and use the PLATFORM, as well as telecommunication costs, are the responsibility of the USER. All USER devices connecting to the PLATFORM must comply with applicable law and regulations at all times.
In case of PLATFORM disruptions traceable to the USER’s equipment, they must immediately disconnect the device causing the disturbance.
The PLATFORM is optimized for use with a modern browser. The USER agrees to access the PLATFORM using virus-free equipment and not to use the PLATFORM to store or transmit any malicious code (including viruses, worms, time bombs, Trojan horses, and any other harmful or malicious code, files, scripts, agents, or programs), nor to interfere with or disrupt the integrity or performance of the PLATFORM.
ARTICLE 5. ROLE OF VELVETO 5.1 Nature of Velveto’s RoleThe PLATFORM enables registered USERS to benefit from the SOLUTIONS. These ToU do not, under any circumstances, confer the status of employee, agent, representative, or mandatary of Velveto upon the USER.
5.2 Fairness, Clarity, and TransparencyIn providing the SOLUTIONS, Velveto accesses DATA and PERSONAL DATA. These data are necessary and allow Velveto, in the context of its MARKETPLACE SOLUTION, to offer BUYERS and SELLERS only the product and service offers aligned with their needs.
ARTICLE 6. SOLUTIONS 6.1 Access to the SOLUTIONSAny legally capable natural person may access the PLATFORM and its various functionalities free of charge.
A USER wishing to open an ACCOUNT on the PLATFORM on behalf of their company must register for free by completing the form available upon request on the PLATFORM.
To open an ACCOUNT, each USER must provide the following required information about themselves and their associated company:
- First name
- Last name
- Company name
- Email address
- City and country of the company
- Password
- State/province/county (optional)
- Country of location
- Company identification number (e.g., SIRET)
- Phone number
- VAT number
- Billing contact
All fields must be completed (except for those marked optional) for the registration to be validated.
The password is a confidential piece of data known only to the USER and is stored in encrypted form on the PLATFORM.
The USER is invited to read and expressly accept these ToU by ticking the appropriate checkbox. Velveto will send a confirmation email to the USER at the email address provided during registration. Each USER undertakes to provide accurate, complete, and unambiguous information and to update it regularly as needed, failing which they may be excluded.
By default, the first USER registered for a company is designated as the ADMINISTRATOR USER, as detailed in section 6.2 below.
6.2 Account ManagementThe USER is solely responsible for maintaining the confidentiality of their LOGIN CREDENTIALS and must not share them with anyone. They are required to take all necessary measures to preserve their confidentiality.
By express agreement between the PARTIES, any login to the ACCOUNT and any operation performed using the LOGIN CREDENTIALS will be deemed to have been carried out by the USER.
The USER is therefore solely responsible for all actions performed through their ACCOUNT. In the event of compromise or suspected fraudulent use of the ACCOUNT or LOGIN CREDENTIALS, the USER undertakes to promptly contact Velveto by email at: contact@velveto.app.
The ADMINISTRATOR USER may appoint a new ADMINISTRATOR USER and manage the access rights of the company’s USERS.
The ADMINISTRATOR USER also undertakes to immediately revoke access for any USER who leaves the company linked to the ACCOUNT. When a USER is removed, only that individual will lose access to the company's data.
Each USER expressly agrees not to create or use any other ACCOUNT than the one initially created, whether under their own name or on behalf of a third party, and not to transfer their ACCOUNT to anyone.
6.3 Profile EnrichmentBy clicking on [Settings] and then [My Profile], the USER may:
- Access and edit their PERSONAL DATA
- Change their password at any time
- Manage their newsletter subscriptions and receive alerts on new offers/services
Only the USER who is the ADMINISTRATOR USER for their company may modify the company data by navigating to [Settings] → [My Profile].
6.4 Account DeletionThe USER is free to delete their ACCOUNT at any time by sending an email to contact@velveto.app, which will result in the deletion of all personal data associated with that ACCOUNT.
An ADMINISTRATOR USER for a company may also delete another USER’s ACCOUNT affiliated with the same company by navigating to [Settings] → [User Management] and selecting [Delete].
Velveto will confirm the ACCOUNT deletion by sending a confirmation email to the address associated with the ACCOUNT.
All PERSONAL DATA associated with the ACCOUNT will be retained in Velveto’s secure archives for five (5) years after account deactivation and then deleted in accordance with Velveto’s Privacy Policy.
It is further noted that, upon the USER’s request and in accordance with data portability rights, Velveto will provide all PERSONAL DATA associated with the ACCOUNT in a structured, commonly used, and machine-readable format.
If the USER does not log into their ACCOUNT for three (3) years, the account will be automatically deleted, and the associated personal data will be erased.
Velveto reserves the right to suspend access to the SOLUTIONS and to the ACCOUNT without prior notice and at its sole discretion in the event of a breach of one or more provisions of the ToU. The USER will be notified of this decision by email.
ARTICLE 7. OBLIGATIONS OF THE PARTIES 7.1 Obligations of USERSWhen using the PLATFORM, each USER agrees not to violate public order, to comply with applicable laws and regulations, to respect third-party rights, and to adhere to the provisions of these ToU.
Each USER is specifically required to:
- Act in good faith toward Velveto and third parties
- Be honest and truthful in the information provided to Velveto and other USERS
- Use the PLATFORM according to its intended purpose as described in these ToU
- Not misuse the PLATFORM to commit criminal offenses, misdemeanors, or infractions punishable under the French Penal Code or any other applicable legislation
- Respect the privacy and confidentiality of third parties and communications
- Respect the intellectual property rights of Velveto and, where applicable, those of other USERS
- Not attempt to compromise, as defined in Articles 323-1 et seq. of the French Penal Code, any automated data processing system on the PLATFORM
- Not alter content uploaded by Velveto or another USER
- Not use the PLATFORM to send mass unsolicited messages (advertising or otherwise)
- Not transmit data that may disrupt, disorganize, slow down, or interrupt the normal functioning of the PLATFORM
- Not disrupt the PLATFORM's operation
- Keep their login credentials confidential and not share them
- Not violate privacy, trade secrets, or the confidentiality of communications through the PLATFORM
- Not reproduce, represent, or publicly disclose any part of the PLATFORM
- Not develop, support, or use software, bots, scripts, browser extensions, plug-ins, or any technology (including scraping tools) to extract or collect data from the PLATFORM
- Not extract, reuse, store, reproduce, represent, or retain, in whole or in part, any data from the PLATFORM's database in a way that exceeds normal use
The USER’s ACCOUNT is personal. The USER is solely responsible for all activity carried out via their ACCOUNT.
More generally, USERS agree not to violate applicable laws or regulations, including the French Intellectual Property Code.
The USER must only provide Velveto with content they own or are authorized to publish. In compliance with French law (e.g. Law of 29 July 1881 on freedom of the press), USERS agree not to post or transmit any content that:
- Constitutes defamatory statements targeting Velveto or other USERS
- Is insulting, defamatory, sexist, pornographic, pedophilic, revisionist, or defamatory in nature
- Incites discrimination or hatred based on origin, ethnicity, nation, race, sexual orientation, or religion
- Is threatening toward individuals or groups
- Promotes hatred, violence, crimes, acts of terrorism, war crimes, crimes against humanity, or suicide
- Enables third parties to harm or disrupt computers or networks (e.g., through hacking, viruses, malware)
- Is commercial in nature (e.g., solicitation, prostitution)
- Advertises or disseminates advertisements
- Violates intellectual property rights (e.g., copyright, trademark)
- Violates image rights or personal privacy
- Violates the interests or rights of third parties
- Violates trade secrets or the confidentiality of communications
- Is contrary to law, public order, or accepted standards of decency
The USER is solely responsible for the content they post on the PLATFORM. Velveto reserves the right to delete any clearly unlawful content reported by another USER, in accordance with applicable legal requirements, particularly those under the French Law on Confidence in the Digital Economy (LCEN) of 21 June 2004.
Velveto’s liability cannot be engaged for acting on this right.
The USER expressly authorizes Velveto to use, distribute, host, store, reproduce, modify, adapt, translate, and display their content on the PLATFORM and/or other media (physical or digital) by any means for purposes related to the operation and improvement of the SOLUTIONS and the PLATFORM.
This license is granted worldwide and for a period of ten (10) years from the date the content is made available.
The USER declares and guarantees that all documents, information, data, and content provided to Velveto during use of the PLATFORM and/or SOLUTIONS are accurate and current.
The USER indemnifies Velveto against any claim, dispute, liability, or damage caused by content that infringes third-party rights, including legal costs (lawyers’ fees, expenses, etc.).
HyperlinksThe PLATFORM may contain hyperlinks to third-party websites not under Velveto’s control. Velveto makes no representation or warranty regarding the content of such websites.
The USER accesses these third-party sites at their own risk and acknowledges that Velveto is not liable for any content, advertising, products, or data found on or through these sites.
Reference to such third parties is for informational purposes only and does not constitute endorsement.
Accordingly, Velveto is not responsible for access conditions, services offered, content, updates, or any use of third-party websites. The USER is advised to consult the applicable terms of use of such sites, as the ToU will no longer apply once the USER leaves the PLATFORM.
ARTICLE 8. LIABILITY 8.1 Velveto’s Liability8.1.1 General Principles
Velveto disclaims all liability in the following situations:
- In the event of temporary inability to access the PLATFORM due to maintenance or updates of published information. USERS acknowledge that Velveto shall not be held liable for any malfunction or interruption of transmission networks;
- In the event of viral attacks or unlawful intrusion into an automated data processing system;
- In the event of abnormal use or unlawful exploitation of the PLATFORM by a USER or any third party;
- With regard to the content of third-party websites linked from the PLATFORM;
- In the event of any breach of these ToU by USERS;
- In the event of delays or failure to perform obligations due to force majeure as defined in Article 9 of these ToU;
- In the event of any external cause not attributable to Velveto.
The USER may bring a claim against Velveto only after having sent a formal notice by registered letter with acknowledgment of receipt specifying the alleged breach, and if Velveto has failed to respond within thirty (30) days of receiving the notice.
In any event, Velveto's liability may only be engaged in the event of proven fault.
Velveto’s liability is in all cases limited to €1,000 per event and €10,000 per calendar year.
Velveto makes no warranty that the WEBSITE will meet the USER’s expectations or that it will be error-free. Velveto does not guarantee the reliability or accuracy of the information displayed on the WEBSITE or its suitability for any specific use by the USER.
Specifically, Velveto does not guarantee that the content of the WEBSITE is error-free, virus-free, exhaustive, up to date, accurate, practically useful, or accessible at the time of use, nor that errors and defects will be corrected.
The USER is responsible for taking appropriate precautions.
Velveto shall not be held liable for:
- Any improper use of the WEBSITE by USERS or third parties;
- The content and DATA made available by USERS on the WEBSITE;
- If Velveto’s liability is sought by a third party due to a USER's breach of these ToU, Velveto may seek indemnity from the USER;
- Difficulties with data transmissions or other communication/network disruptions;
- The USER is responsible for obtaining the skills and resources (at their own cost — internet access, phone subscriptions, etc.) necessary to access the SOLUTIONS;
- Inaccessibility of the WEBSITE for any reason or duration;
- Any loss or damage suffered by the USER or third parties due to:
-
Failure to access a SOLUTION;
-
Internet network failures;
-
Telecommunication issues;
-
Or any circumstances beyond Velveto’s direct and/or sole control, or force majeure as defined by French case law.
The USER acknowledges that the WEBSITE is currently hosted for Velveto by the company Uppler.
To the extent permitted by law, and notwithstanding any contrary provision in these ToU, the USER acknowledges and accepts that Velveto is not responsible for the acts or omissions of Microsoft (used in the hosting environment). Furthermore, Velveto does not warrant that hosting services will be uninterrupted, error-free, or risk-free.
The USER understands and agrees that Velveto uses an external hosting provider and cannot directly control its operations. By accepting these ToU, the USER also agrees to comply with Microsoft’s Terms of Use.
8.1.2 Hosting Status
USERS acknowledge that Velveto qualifies as a hosting provider within the meaning of Article 6 I 2° of the French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN).
As such, Velveto reserves the right to remove any content reported to it that it considers manifestly unlawful under Article 6 I 2° LCEN.
Notification of manifestly unlawful content by a USER or third party must be made by email to: contact@velveto.app
Pursuant to Article 6 I 5° LCEN, the notification must include the following to be valid:
- The date of the notification;
- For individuals: full name, occupation, residence, nationality, date and place of birth; for legal entities: legal form, company name, registered office, and name of the legal representative;
- The name and address of the recipient, or in the case of a legal entity, their company name and registered office;
- A description of the alleged illegal content and its precise location on the PLATFORM;
- Legal grounds and factual justification for requesting removal;
- A copy of the correspondence sent to the author or publisher of the illegal content requesting its removal or modification, or justification that they could not be contacted.
The USER is solely liable for any direct or indirect, material or immaterial damage caused to Velveto, other USERS, or third parties due to abnormal or unlawful use of the PLATFORM.
Velveto disclaims any liability in such cases, particularly if the cause of harm results from a breach of these ToU.
The USER shall indemnify Velveto against any disturbance, claim, demand, opposition, or action from another USER or third party arising from USER-provided content that infringes their rights. This includes all damages, liability, and legal costs (including lawyers’ fees and legal expenses) incurred by Velveto in connection with such content.
ARTICLE 9. FORCE MAJEUREVelveto shall not be held liable for failure to perform or delays in performance of any of its obligations under these ToU if such failure or delay results from a force majeure event as defined under the French Civil Code and relevant case law.
Force majeure in contractual matters refers to an event beyond the control of the obligated party that was not reasonably foreseeable at the time of contract conclusion and whose effects cannot be avoided through appropriate measures, and which prevents the party from fulfilling their obligations.
- If the impediment is temporary, the obligation shall be suspended unless the resulting delay justifies contract termination.
- If the impediment is permanent, the contract is automatically terminated, and the parties are released from their obligations under Articles 1351 and 1351-1 of the French Civil Code.
As such, Velveto shall not be liable, in particular, in cases of:
- Cyberattacks or hacking
- Unavailability of equipment, supplies, spare parts, or personal tools
- Electrical outages or other utility interruptions
- Communication network or internet service disruptions
- Or any circumstance or event outside Velveto’s control occurring after acceptance of the ToU and preventing normal contract execution
In such cases, the USER may not claim any compensation or initiate legal action against Velveto.
Velveto will make every effort to inform the USER of the occurrence of such events as soon as reasonably possible.
ARTICLE 10. INTELLECTUAL PROPERTY 10.1 Velveto WEBSITE and Its ComponentsAll constituent elements of the WEBSITE (including but not limited to: know-how, trade secrets, texts, layouts, videos, photographs, downloadable documents, graphic charter, interfaces, trademarks and logos, databases, and software) are protected by intellectual property rights (including but not limited to: copyright, sui generis database rights, trademarks, designs and models, domain names…) and neighboring rights held exclusively by Velveto and/or its licensors.
Unless expressly stated otherwise, these ToU do not confer any transfer or assignment of intellectual property rights over any of Velveto’s elements to USERS.
10.2 Velveto’s RightsThe trademarks, logos, slogans, graphics, photographs, animations, videos, databases, and texts featured on the PLATFORM are the exclusive property of Velveto and may not be reproduced, used, or displayed without legal action.
The same applies to all technical developments, technologies, and back-end systems underlying the PLATFORM. These may not be reproduced, decompiled, or disassembled without prior written authorization, under penalty of legal action.
10.3 License Granted by VelvetoVelveto grants USERS a free, non-exclusive license to use the PLATFORM worldwide for the duration of these ToU.
Any full or partial reproduction of the PLATFORM’s contents, by any means whatsoever, is prohibited and constitutes counterfeiting punishable under Articles L.335-2 et seq. and L.713-1 et seq. of the French Intellectual Property Code.
Velveto further expressly prohibits:
- The extraction, via permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the contents of the PLATFORM’s database to another medium, by any means and in any form;
- The reuse, via public availability, of all or a qualitatively or quantitatively substantial part of the contents of the PLATFORM’s database, in any form;
- The repeated and systematic extraction or reuse of qualitatively or quantitatively non-substantial parts of the PLATFORM’s database content when such operations clearly exceed normal use conditions of the database.
Accordingly, the USER agrees not to use any content from the PLATFORM beyond the scope of the rights granted under these ToU.
10.4 License Granted by the USERThe USER expressly grants Velveto a worldwide, transferable, and sublicensable license over the DATA they communicate to Velveto during use of the WEBSITE and/or the SOLUTIONS, for the entire duration of legal protection applicable to such DATA.
This license allows Velveto to use the data for its own commercial purposes, including but not limited to, improving the SOLUTIONS provided on the WEBSITE.
Specifically, the USER grants Velveto the right to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate, and display the data, information, and elements in Velveto’s Marketplace SOLUTION database, without prejudice to Velveto’s and/or its licensors’ intellectual property rights.
The USER expressly authorizes Velveto to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate, and display their DATA:
- On the WEBSITE
- On social media
- On any other media (including physical and digital media, press kits, sales brochures, promotional and/or advertising materials)
by any means, for the purposes of operating, improving, promoting, marketing, or advertising the SOLUTIONS and the WEBSITE.
This authorization is granted worldwide and for the entire legal protection period applicable to the DATA under relevant legislation.
ARTICLE 11. PROTECTION OF PERSONAL DATAIn the context of operating the PLATFORM, Velveto may collect PERSONAL DATA from USERS.
The USER’s PERSONAL DATA is necessary for the management of the PLATFORM and their ACCOUNT and for sending newsletters issued exclusively by Velveto, unless the USER opts out of receiving such communications.
These data will be kept confidential and securely stored by Velveto for contractual purposes, execution of services, and in compliance with data protection laws, for a period of five (5) years from the USER’s account deletion.
The data may be disclosed in whole or in part to Velveto’s internal teams and service providers.
Accordingly, the USER is invited to consult Velveto’s Privacy Policy,
available at the following address:
https://www.velveto.app/mentions-legales
,
which provides complete information about the protection and processing of
personal data through the PLATFORM.
In accordance with:
- Law No. 78-17 of 6 January 1978 on Information Technology, Files and Civil Liberties (as amended by Law No. 2004-801 of 6 August 2004 and Law No. 2018-493 of 20 June 2018 on the protection of personal data), and
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – “GDPR”), applicable since 25 May 2018,
Velveto guarantees the implementation of rights granted to data subjects.
It is recalled that any USER whose PERSONAL DATA is processed has the following rights:
- Right to information
- Right of access
- Right to rectification
- Right to update
- Right to data portability
- Right to erasure
- Right to restriction of processing
in accordance with Articles 49 to 55 of the French Data Protection Act, and Articles 15 to 18 of the GDPR.
Pursuant to Article 56 of the French Data Protection Act and Article 21 of the GDPR, the USER may also, for legitimate reasons, object to the processing of their data without providing a reason and at no cost.
The USER may also define instructions concerning the retention, deletion, or communication of their PERSONAL DATA after their death and may designate a third party authorized to receive this data.
The USER may exercise their rights by sending an email to:
contact@velveto.app
Additionally, the USER may file a complaint with Velveto’s Data Protection
Officer (DPO), reachable at pascal@velveto.app, or with the competent
supervisory authority, namely the CNIL:
https://www.cnil.fr/fr/plaintes
Velveto is committed to providing USERS with high-quality SOLUTIONS. To that end, Velveto continually works to improve its SOLUTIONS through use of the WEBSITE.
It is expressly stated that no information identifying the USER will be published on the WEBSITE or within the SOLUTIONS when Velveto uses USER DATA.
The USER acknowledges and guarantees that:
- They hold all necessary rights, consents, and/or permissions to use and provide Velveto with such DATA, and to authorize Velveto to receive, possess, and use the DATA as outlined in the ToU;
- The provision of such DATA to Velveto does not violate any third-party rights, contracts, or applicable laws or regulations.
The USER agrees to indemnify and hold harmless Velveto, its executives, and employees from any claim, demand, action, or proceeding brought against Velveto by a third party alleging that Velveto’s receipt, possession, or use of such DATA violates the rights of that third party, a contract, or any applicable law or regulation. This indemnity also covers any damages, liabilities, and legal fees (including attorneys’ fees and court costs) that Velveto may incur due to the USER’s DATA.
Velveto implements appropriate administrative, physical, and technical safeguards to ensure the security, confidentiality, and integrity of the DATA.
Additionally, Velveto engages well-known penetration testing service providers in the industry to identify and address predictable attack vectors and potential intrusion scenarios.
Velveto may use DATA to deliver the SOLUTIONS, but the USER’s DATA and identity will not be associated during this process, unless legally required or the USER provides prior written consent.
It is reiterated that no element identifying the USER will be published on the WEBSITE or within the SOLUTIONS when Velveto uses USER DATA.
By accepting these ToU, USERS expressly agree that their DATA may be transmitted to Velveto’s subcontractors for the purpose of improving the SOLUTIONS provided by Velveto.
ARTICLE 13. SUPPORTAny questions or complaints concerning the use or functioning of the PLATFORM may be submitted through the following method:
- By email to the following address: contact@velveto.app
The fact that either PARTY does not demand application of any clause of these ToU—whether temporarily or permanently—shall not be construed as a waiver of said clause.
If any provision of these ToU is held invalid under applicable legislation or a final court decision having the force of res judicata, such provision shall be deemed unwritten, but this shall not affect the validity of the remaining provisions, which shall remain fully enforceable.
Such an amendment or ruling does not under any circumstance entitle USERS to disregard the remainder of the ToU.
In case of difficulty in interpreting any clause heading and the content of a clause itself, the clause headings shall be deemed nonexistent.
ARTICLE 15. JURISDICTION AND APPLICABLE LAWThese ToU, as well as the relationship between the USER and Velveto, shall be governed by French law.
The ToU represent the entire agreement between Velveto and the USER. This agreement supersedes any previous or contemporaneous agreements, whether written or oral, regarding the subjects addressed herein and prevails over any contradictory terms.
The ToU are written in both English and French. In the event of any conflict between the versions, the French version shall prevail.
In the event of a dispute between Velveto and a USER regarding the interpretation, execution, or termination of these ToU, the PARTIES shall endeavor to resolve the matter amicably.
The USER is first invited to contact Velveto’s complaints department via email at: contact@velveto.app
The complaints department will make its best efforts to process the complaint within one (1) month. In any case, the USER will be informed of the response timeframe.
If no agreement is reached, a voluntary mediation process will be proposed, conducted in good faith to seek an amicable settlement of any conflict related to these ToU, including those concerning their validity.
The PARTY wishing to initiate mediation must inform the other PARTY by registered letter with acknowledgment of receipt, stating the nature of the dispute.
As mediation is non-binding, either the USER or Velveto may withdraw from the process at any time.
If mediation fails or is not undertaken, any dispute will be submitted to the exclusive jurisdiction of the competent courts of Paris.