General Terms and Conditions for the use of Flow

Entry into force: July 1st, 2022

Purpose

The Flow Solution (hereinafter referred to as the “Solution”) is aimed at enabling its users (hereinafter referred to as the “Users”) to measure and have knowledge of air pollution grades in the places where they are located or where they walk.

The Solution is made up of:

• a connected sensor which captures and registers air quality and pollution measures in the places in which it is positioned (hereinafter referred to as: the “Sensor”);
•   a mobile application which is connected to the Sensor and in which the Sensor’s data are registered and may be viewed by Users (hereinafter referred to as the “Application”).

The purpose of these general terms and conditions (hereinafter referred to as the "General Terms and Conditions") is to define the terms and conditions of use of the services provided on the Solution (hereinafter referred to as the “Services”) as well as to define the rights and obligations of the parties within this context.

These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Application.

They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.

Manager of the Solution and Services, Contact Details

The Solution and the Services are managed by the company PLUME LABS, a French simplified joint stock company (“Société par Actions Simplifiée”), registered under number 803 473 974 with the Registry of Trade and Companies of Paris, whose head office is located 49 rue de Ponthieu, 75008 Paris, in France (hereinafter referred to as “Plume Labs”).

Plume Labs can be contacted through any of the following channels:

Street address: 49 rue de Ponthieu, 75008 Paris (FRANCE)
Email address: [e-mail]

Access to the Solution and the Services

The Solution and the Services can be accessed by:

• any person having the full legal capacity to be bound by these General Terms and Conditions of Use. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative;
• any entity acting through a person having full legal capacity to contract for and on behalf of the entity.

Acceptance of the General Terms and Conditions

Users can accept these General Terms and Conditions by checking a checkbox when purchasing Sensors on the Website, as provided in article 6.1.

The acceptance of these General Terms and Conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any User who does not accept to be bound by these General Terms and Conditions must not access the Solution or use the Services.

Description of the Services

• Pollution measurement

The Solution enables the Users to have knowledge of the air quality and the level of pollution of the places where they are located, as well as to follow the evolution of these grades when they move from a place to another.

For this purpose, the Sensor detects and records real-time data related to the concentrations of fine particles, nitrogen oxide and volatile organic compounds.

These data are transmitted to the Application on which they are analysed and presented in the form of air quality and pollution measures.

Users may view these measures on the Application and follow their real-time evolution.

• Localisation of pollution grades

Users may geolocate themselves on the Application and have access to a map of their routes in which they can view the measures of air quality and pollution of each place where they have walked.

Users may deactivate their geolocalisation at any time. When this option is deactivated, Users may still view air quality and pollution measures but cannot access to the map, nor view specific measures on the places where they walk.

• Reuse of pollution measures

Users are expressly informed and accept that all data with regards to the measures of air quality and pollution registered in the Sensor and treated in the Application may be transferred, in an anonymized form, to Plume Labs’ environmental data platform, for purposes of providing information and forecasts on air pollution in the world.

• Other Services

Plume Labs reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.


Implementation of the Services

• Purchase of Sensors
• Ordering of Sensors
• Placing order

Users hereby acknowledge and accept they can only purchase the minimum number of Sensors indicated on the Website.

Users place an order of Sensors, by completing the order form available on the Website.

As part of the ordering process, Users are asked to provide their address for the purposes of delivery and invoicing. All fields in the order form marked as being required must be filled in. Orders cannot be validated unless they contain all required information.

Users must ensure that all information they provide in the order form is accurate, up to date and genuine and is in no way misleading or dishonest.

Users are hereby informed and accept that this information acts as proof of their identity and will be binding upon confirmation.

• Order Confirmation

Once they have placed their order, Users receive an email which confirms the order and indicates the scheduled delivery date. This email contains a copy of these General Terms and Conditions.

Users must make sure that the contact details that they have entered when ordering are correct and that they may receive the order confirmation email. If Users do not receive this email, they must contact Plume Labs through the channels listed in article 2.

Plume Labs advises Users to preserve the information contained in the order confirmation.

The order confirmation is deemed to be received by Users when they have access to it.

• Payment of the Sensor
• Price of the Sensor

The sale price of the Sensor is indicated on the Website, in euros and excluding tax.

Plume Labs reserves the right to propose promotional offers or price reductions, in its sole discretion and according to conditions that it deems appropriate, including when Users subscribe to Plume Labs’ other services or have expressed their interest in Plume Labs’ activities.

The price of the Sensor does not include the delivery fees, which shall be invoiced in supplement. The costs of delivery shall be indicated before the validation of the order by Users.

The applicable price is that indicated on the Website on the date of validation of their order by Users.

Caution: Outside the European Union, as well as in French overseas departments and territories, in addition to the price paid to Plume Labs, duties or local taxes may be pursuant and may be charged to Users. These duties and taxes, the amount of which Plume Labs cannot predetermine and therefore cannot inform Users prior to their order, remain at the Users’ charge and Users remain solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.

• Payment of the price

The price of the Sensor, including delivery costs, is due at the order.

Its payment can be made online by bank card through the secured online payment service indicated on the Website, or by any other mean available on the Website at the date of the order.

User guarantees to Plume Labs that they have all required authorizations to use the chosen means of payment.
The corresponding invoice shall be sent to Users with the delivery of the Sensor.

• Payment delay and incident

Any payment delay of all or part of an amount at its due term, shall automatically entail, without prejudice to the provisions set out in article “Termination for breach”, and from the day following the payment date indicated in the invoices:

• Forfeiture of the term of all amounts payable by the User, regardless of the terms of payment that had previously been agreed
• Immediate suspension of the Services until complete payment of all amounts due by the User is received
• Invoicing by Plume Labs of a late payment interest at the rate of 3 (three) times the legal interest rate, calculated on the total of all due amount that were not paid on time, as well as a lump sum of 40 (forty) euros for costs recovery, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount. This rate shall be calculated per day.
• Retention of ownership

Plume Labs retains full and complete ownership of the Sensor sold until full payment has been made.

• Delivery of the Sensor
  The Sensor may be delivered to all countries in the European Union, as well as in the United States of America.

The Sensor shall be delivered to the address indicated as the “delivery address” (which can be different to the invoicing address) indicated by Users on the date of their order.

Users are informed of all possible delivery methods and their costs before their order validation. They must select the chosen method of delivery and provide all information required for the effective delivery of the Sensor.

The expected delivery date of the Sensor is indicated in the confirmation email, it being specified that said delivery date is solely indicative and that Plume Labs should not be held liable in case of delay of delivery with regard to this date.

Notwithstanding the provisions set out in article “Contract warranty”, it is the User’s responsibility to undertake all necessary checks on the Sensors, and, where necessary, to express, by any written mean including by email and within 15 (fifteen) days after their receipt, any and all reservations regarding their compliance with the order. Save for any written reservation, the Sensors shall be deemed accepted.

Downloading of the Application and connection with the Sensor

Upon receipt of the Sensor, as set forth here-above, Users download the Application through web stores indicated on the Site, in particular App™ Store or Google Play.

Users expressly acknowledge and accept that, when downloading the Application, they are subject to the general terms and conditions applicable to these web stores.

Downloading of the Application is free of charge.

Once they have downloaded the Application, Users register by completing the registration form provided for this purpose and connect the Sensor by complying with the process indicated in the Application.

Contract warranty

Plume Labs warrants the Sensors against all defects arising from faults or errors in design or implementation.

This guarantee is granted for a period of 12 (twelve) months from the date of delivery of a Sensor, with no extra charge for the Users and at the sole expense of Plume Labs.

For that purpose, and during the above period, the Users shall be enabled to give notice to Plume Labs, by any written means including email, of any defect or non-compliance found in the Sensor and give all necessary details on the nature of such defect or non-compliance.

Plume Labs shall organize with the carrier of their choice the terms of the return of the Sensor, at its own expenses, and shall make the necessary verifications. In case the Sensor is found non-compliant, Plume Labs will offer to replace or refund the Sensor.

Agreement in relation to proof

Users expressly acknowledge and accept that:

• Data and information collected on Plume Labs 's Solution and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
• This data and information are the main means of acceptable proof between the parties, in particular for the calculation of amounts due to Plume Labs.

Users can access these data and information in the Application.

Obligations for Users

• Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
• Users agree, in their use of the Solution and the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
• Users acknowledge having read on the Solution and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
• Users are more specifically solely responsible for their use of the Sensor and the Application. It is their responsibility to ensure that the Solution answer their specific needs prior to its subscription.
• Users undertake to use the Solution and the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
• Users also undertake not to transfer, sublicense, delegate or assign to any third party, in any way, all or part of their rights and/or obligations under these General Terms and Conditions, including their access to the Solution and/or the Services.
• Users undertake to provide Plume Labs with all documents, data and information necessary for the proper performance of the Services and the appropriate fulfilment of Plume Labs’ obligations under these General Terms and Conditions.
• More generally, Users undertake to actively cooperate with Plume Labs with a view to ensuring the proper performance of the Services and to keep Plume Labs informed with any difficulty in such performance.
• Users expressly acknowledge that the Solution and the Services provide them with an additional solution, not an alternative solution, for having knowledge of air quality and pollution and that this solution cannot substitute other means that Users may dispose of elsewhere to reach the same goal.
• Users expressly acknowledge that the use of the Solution and the Services require that they should be connected to the internet and that they are solely responsible for such connection.

Users' Guarantee

Each User undertakes to defend, indemnify and hold Plume Labs harmless from and against any claims, demands, actions and/or grievances whatsoever, that Plume Labs could incur as a result of a breach by this User of any one of its obligations or guarantees under these General Terms and Conditions.

Users undertake to compensate Plume Labs for any prejudice that Plume Labs could be subject to, and to pay any costs, liabilities, charges and / or convictions that Plume Labs could incur, as a result of such a breach.

Prohibited behaviour

It is strictly prohibited to use the Solution and the Services to the following ends:

• Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others
• Violating public order or any local policy or laws
• Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security
• Sending unsolicited emails and / or prospecting or commercial solicitation
• Tampering with the aim to improve referencing of another site
• Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above
• And more generally, any action that uses the Services for any other purpose than that for which they were designed.

Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of Plume Labs's Solution.

The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Solution and/or the Services, (ii) any hacking or attempts to hack into Plume Labs' IT systems, (iii) any hijacking of the Solution's system resources, (iv) any acts that would place a disproportionate load on the Solution's infrastructure, (v) any attempts to breach the Solution's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Plume Labs or of the Users of its Solution and finally, more generally, (vii) any breach of these General Terms and Conditions.

Sanctions for breaches

In the event of a breach by a User of any of the provisions of these General Terms and Conditions or more generally, of any infringement by the former of any laws and regulations in force, Plume Labs reserves the right, without prejudice to the provisions set out in article “Termination for breach”, to take any measures it deems appropriate and in particular:

• To suspend or prevent access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement
• To publish on the Solution or the Website any related informational message that Plume Labs deems useful
• To inform any relevant authorities
• To commence and prosecute any legal proceedings.

Liability and guarantee of Plume Labs

• Plume Labs undertakes to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
• More specifically, Users expressly acknowledge and accept that the Solution is aimed at providing information on the air quality and pollution in a specific place but is not designed to enable Users to prevent pollution or to improve their quality of life.
• Plume Labs does not guarantee to the Users that the Solution and the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, Plume Labs reserves the right to interrupt access to the Solution momentarily for maintenance purposes. In the same way, Plume Labs shall not be held liable if the Solution is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Plume Labs' control, force majeure, or due to any disruption in the telecommunications network.
• Plume Labs cannot be held responsible for any failure or delay in the delivery of the Sensor due to Users, force majeure or any unforeseeable and unavoidable act of a third party, such as disruption or partial or total strikes of postal services, transport channels or communications.
• In any event, save for personal injury or death and except in case of gross negligence or breach to a substantial obligation of these General Terms and Conditions with effect to empty their substance, any liability that could be incurred by Plume Labs within the performance of the Services is expressly and solely limited to direct actual damages suffered by Users and shall not exceed the total amount of the fees paid by Users in return for the purchase of Sensors in the 12 (twelve) months prior to the time the alleged damages occurred.

Intellectual Property of Plume Labs

These General Terms and Conditions do not confer to the Users any intellectual property rights relating to the Solution, which remain entirely and exclusively the property of Plume Labs. The Users only have a license of use of the Solution within the limits of these General Terms and Conditions.

The systems, software, structures, infrastructure, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Plume Labs in the Solution are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Plume Labs’ authorization, is strictly prohibited and could lead to prosecution.

Personal Data

Plume Labs practices a policy of protection of personal data, the characteristics of which are detailed in the document "Privacy Policy", which Users are expressly invited to read.

Customer references

Users who are entities expressly authorize Plume Labs to cite and use as appropriate a reproduction of their trademark or logo as customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.

Term of the Services, cancellation

Subscription to Services is taken out by Users for an unlimited term.

Users can opt out of the Services at any time, by uninstalling the Application. Their subscription shall be cancelled immediately.

Termination for breaches

Either party may terminate the Services if the other party commits a material breach of these General Terms and Conditions and, if the breach is curable, fails to cure such breach within 15 (fifteen) days of receiving formal written notice of such breach with acknowledgement of receipt, without prejudice to any damages to which the party could aspire because of these breaches.

Amendments

Plume Labs reserves the right to amend these General Terms and Conditions at any time.

Users shall be informed of these amendments through any pertinent channel.

Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out in article 18.

Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.

Language

In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.

Law and Jurisdiction

These General Terms and Conditions of Use are subject to French law and shall be interpreted and governed by such.

Any dispute that may arise in connection with their interpretation, their validity or their enforcement shall fall within the exclusive jurisdiction of the courts of Paris (France).