Terms & Conditions

These General Terms and Conditions (hereinafter referred to as “GTC”) establish the terms of an agreement between, on the one hand, La Société myDid SA, a public limited company whose registered office is located on rue des Beaux-Arts 8, c/o LEAX Avocats Sàrl, 2000 Neuchâtel, Switzerland, registered under number CHE-433.448.148. (hereinafter referred to as “myDid” or the “Company”), duly represented for the purposes herein by its legal representative, and, on the other hand, a natural or legal person (hereinafter referred to as “myDid” referred to as the “User”), acting as a professional or consumer, who (i) visits or uses the myDid platform available in websites and mobile applications (the “Platform”) and (ii) uses the Services offered on it.

For additional information about the Company, the User is invited to consult the legal notices.

The Company and the User are hereafter individually referred to as a “Party” and together referred to as the “Parties”.

1. Definitions

2. Purpose

The Company has designed the Platform with the aim of presenting the Services it offers, with particular emphasis on the possibility of receiving, sharing, creating, managing verifiable certificates (VCs) mainly in the form of badges. It also offers Users the chance to discover, enjoy, share, discuss, follow, promote its activity within a community.

The Platform is also intended to provide Users with information to explore the Company's activity, its news, as well as possible tutorials to guide them in the use of the Platform. In addition, it offers features and/or information allowing Users to contact the Company.

The purpose of these General Terms and Conditions is to define the conditions of access to the Platform, as well as the conditions of use of the latter, the online content offered there, and its functionalities. They are also intended to govern the provision of the Services to the User in exchange for compliance by the latter with the obligations and guarantees stipulated in these General Conditions.

It should be noted that these General Conditions are the only contractual documents binding on the Company, excluding any other document (prospectus, summary information document, video supports, presentation of the Services, information etc.) which have only an indicative and non-contractual value. In addition, they exclude any other possible conditions of service of the User which cannot in any way be opposed to the Company.

3. Acceptance and enforceability of MCs

Any User accessing the Platform is obliged to read these General Terms and Conditions (GTC) and must respect the terms thereof.

These GTCs are formally accepted by the User when creating his Personal Area.

The Company reserves the right to adapt or modify these GTCs at any time and without prior notice. Any new version placed online shall prevail over any previous version, in particular printed or saved in digital or paper format by the User. The User is therefore invited to consult these GTCs regularly. The version of the GTC applicable shall be that accessible online during the visit and the use of the Platform by the User.

In any case, the User with a Personal Area will be informed of the entry into force of new GTCs by e-mail to the address communicated when creating his Personal Area and invited to read them. The performance of Operations, the connection to its Personal Area and/or the use of the Platform and/or Services constitutes acceptance of the applicable GTC.

Thus, for each Operation or Service used, the GTC in force at the date of completion of the Operation or use of the Service are applicable to the User. It is recommended that the User save the GTC in force on the day of use of each Service and/or the completion of each Operation, notwithstanding the archiving rules implemented by the Company.

The User who does not wish to accept the new GTCs has the possibility to denounce the GTCs and to delete his Personal Space, in accordance with the conditions set out below.

The User declares and acknowledges that he is of age (at least 18 years) and has full legal capacity to engage under these GTC.

These GTCs are concluded for an indefinite period.

The User acknowledges having read the nature, the destination and the characteristics of the Platform and the Services, as well as the prerequisites for their use, in particular the conditions related to the creation of a Personal Space. He acknowledges that he has requested and obtained all the required information, both quantitative and qualitative, related to the Services, enabling him to assess the adequacy of the Services to his needs and to conclude the GTCs in full knowledge of the facts. The User is solely responsible for the choice to use the Platform and the Services, as well as to carry out Operations, so that the Company's responsibility can in no way be sought in this regard.

3.1 Services accessible without creating a Personal Space

The homepage https://mydid.com as well as some of the pages of the Platform are open to all Internet users. These pages are designed to provide users with information to discover the Company's activity, its news (events, publications, etc.), as well as tutorials to guide them in the use of the Platform and the Services. The Platform also provides features and/or information to allow users to contact the Company.

However, access to certain pages of the Platform and certain services is reserved for users who have previously created their Personal Space.

The Company also manages pages dedicated to the presentation of its activity, allowing it to publish content on social networks and to interact with Internet users, notably on platforms such as Instagram, Twitter, YouTube, Pinterest, LinkedIn, Discord, Telegram, etc.

3.2 Services accessible subject to the creation of a Personal Space

Access to the benefits and use of the services described below require the User to create a Personal Space, in accordance in particular with the provisions of the article "Creation of a Personal Space" of these GTC.

3.2.1 Access to and use of a Personal Space

Once on the Platform and after the creation of his Personal Space according to the terms of the article "Creation of a Personal Space", the User has access to his Personal Space.

The Personal Area authorizes, the updating of certain information of the User, the use of the accessible services subject to the creation of a Personal Area, and secure access to the personal homepage of the User.

The User can benefit from the services offered by the Company via the site on his computer or through the Mobile Application.

3.2.2 Access to and use of the Platform

The Platform offers the User the possibility to issue, receive, share, create or retain verifiable certificates (DIDs), in the form of badges or other formats.

3.3 New Services

The Company reserves the right to expand its range of services by introducing new services on the Platform, whether accessible to any User or exclusively via the User's Personal Space. These new services are considered to be part of the Services in their entirety, as defined in the "Definitions" section of this Agreement, and will be governed by these GTCs. Unless otherwise specified, the new Services will be usable by the User as soon as they are actually available on the Platform, subject, if necessary, to the prior creation of a Personal Space by the User.

3.4 Evolution of Services

The Company reserves the right, at any time and without prior notice, to evolve, improve or adapt the Platform, the Services, as well as the services or services offered, for the purpose of improving, for example, the functionalities offered on the Platform or in the framework of the Services. This evolution may include the deployment of updates, new versions, new services or services, or even the deletion of existing services. In the event of the permanent removal of an existing Service, the Company will endeavor to notify Users of this change with reasonable notice and to offer them alternative solutions. In the event of the permanent termination of all Services, the Company will terminate in accordance with the conditions set forth in the Article Termination.

In addition, the Company may supplement or modify, at any time and without prior notice, the Platform, the content of the Platform and the Services available, depending in particular on the evolution of technologies. The User must, where appropriate, ensure that his computer resources are adapted to the developments of the Platform and the Services.

3.5 Assistance

The Company provides the User with technical support to provide information or technical assistance relating to the technical aspects and functionalities of the Platform and the Services.

The User remains the sole decision-maker of his choices, in particular as regards the use of the Services. Technical support does not intervene in requests related to the opportunity to use the Services.

This support can be accessed through the support links and Knowledge Base (FAQ) in the dedicated section of the Platform, 7 days a week, 24 hours a day. The Company undertakes to respond to the User's request as soon as possible and in an appropriate manner. However, the Company does not guarantee any response time, nor the relevance or completeness of the content of the response, nor that the response provided will effectively resolve the User's request or provide a solution.

4. Terms of use of the Platform and the Services

4.1 Access to the Platform and Services

The User certifies that he possesses the technical skills necessary to use the Platform and the Services, and acknowledges having verified that the computer configuration used is in perfect working order. It assumes full responsibility for the proper functioning of its computer equipment and its access to the Internet.

All costs related to access to the Platform and the Services, whether hardware, software or Internet access, are exclusively borne by the User.

The User undertakes to use the functionalities of the Platform, the Services, as well as all the contents to which he may have access only in compliance with the regulations in force, in particular public order, good morals and the rights of third parties. The Company cannot be held responsible for the use that the User makes of the Platform and the Services, in particular in case of non-compliance with the provisions applicable to this User.

Furthermore, the User acknowledges the need to use the Platform and the Services fairly, without harming the brand image, reputation, or reputation of the Company or its partners, in any way.

4.2 Content quality

4.2.1 Company Content

The Company assumes responsibility for the Content it develops, such as information, FAQs, documents, etc., in various forms, including texts, figures, images, etc., as the publisher of the Platform.

The Services presented on the Platform may be subject to restrictions in certain countries or in relation to certain persons. Users must first check with their regular advisors whether they are authorized to consult the Platform, to use it and to use the Services offered by the Company, taking into account their status.

The Company's Content is provided and distributed on the Platform for information. Despite the care taken in their preparation and updating, these contents are provided as they are, as general information, and the Company cannot guarantee their accuracy, timeliness, relevance, timeliness, completeness or suitability to the User's needs.

Therefore, the Company's Content on the Platform should not be considered authoritative, should not substitute for the User's personal judgment, and cannot be the sole basis for decision making.

4.2.2 User Content

The Company allows Users to post User Content, such as badges, messages, referring to the definition of User Content.

The User is responsible for the User Content that he or she publishes on the Platform and retains all rights relating thereto.

The User is responsible for the use of the Services and any User Content provided by them, ensuring their compliance with applicable laws and regulations. All User Content is the sole responsibility of the User who created or disseminated it.

The User is prohibited from providing or distributing User Content that is offensive, harmful, misleading, inaccurate, inappropriate, inappropriate, inappropriate or constitutes manifestly wrongful acts (insults, threats, violence, etc.).

The Company does not necessarily monitor or assume responsibility for all Content published via the Services.

The Company reserves the right to remove any User Content that violates any provision of these GTCs, including if it constitutes copyright infringement, infringement of an intellectual or industrial property right, impersonation, unlawful behavior, harassment, etc.

If a User believes that his User Content has been copied and constitutes an infringement of his copyright, or if he finds the presence of User Content that is inaccurate or likely to infringe the rights of a third party or to violate a regulatory or legislative provision, he is invited to report it via the contact forms on the Sites and application.

4.3 Link

Users may not establish a link (including redirects) to the Platform without the express and prior authorization of the Company. Any request for authorization must be sent via the contact forms. Under no circumstances may this authorization be considered as an implicit affiliation agreement. In any case, links to the Platform must be removed as soon as the Company first requests it.

The Company reserves the right to establish links on the Platform giving access to sites, web pages or applications other than those of the Platform, as well as to redirect the User to other sites, web pages or applications. Users are expressly informed that the websites, web pages or applications accessible through these links do not belong to the Company, which reserves the right to delete the links offered by the Platform to a third-party application or site in case of non-compliance with the regulations in force or the values of the Company. The Company cannot be held responsible for the access by Users via the links established on the Platform to third-party sites or other resources present on the Internet, nor for the content of the information provided by these third-party sites or other resources during the activation of these links.

5. Availability of the Platform and Services

The Company undertakes to provide a quality service and to allow the User to use the Platform and the Services under the best possible conditions. In principle, the Platform and the Services are available 7 days a week, 24 hours a day. However, the Company is subject only to an obligation of means and not an obligation of result. It does not guarantee the availability, optimal operation, speed of the Platform and the Services, nor their permanent and continuous accessibility.

The User is informed and accepts that access to the Platform and/or the Services may be delayed, altered, prevented or interrupted due in particular to the following situations:

In addition, the Company reserves the right to close access to all or part of the Platform and/or to suspend the performance or provision of all or part of the Services in case of the aforementioned assumptions or in case of endangerment or threats to its human or technical resources.

For scheduled maintenance operations, the Company will endeavor to inform the User beforehand. However, the Platform may be temporarily closed without notice or compensation, and access to or functionality of the Platform or the Services may be limited to perform technical, operational or other interventions necessary for their proper functioning, updating, deployment of a new version or any other operation deemed necessary by the Company, which the User accepts.

The Company shall not be liable in the event of any failure or interruption of the Platform and/or Services related to any of the cases set out in this article Availability of the Platform and Services.

6. Terms of use of personal space

6.1 Platform and Services Technical Conditions

The User must be equipped with suitable telecommunications means allowing him to access the Platform, his Personal Area and the Services. It ensures that the hardware and software elements used for this access, as well as their use, are in good working order.

It is the responsibility of the User to take the necessary measures to ensure the security of his devices, data, contents and software, protecting them from contamination by viruses, malicious code, or other harmful technologies. The User undertakes not to introduce such elements into the Platform.

The User undertakes not to disturb the proper functioning of the Platform or the Services, nor to compromise the computer security of the Platform, the computer system of other users, the Company, or its partners. This includes prohibiting the use of devices or software that could disrupt, interfere with or disrupt the normal operation of the Platform, or impose a disproportionate burden on the Platform in terms of hosting volume or bandwidth.

It is also forbidden for the User to extract, for unauthorized purposes, all or part of the information or data of the Platform, as well as to use automated means such as robots, crawlers, spiders, scripts, programs or applications to extract or index the content of the Platform. The downloading, collection, copying, alteration, modification, deletion, distribution, transmission, distribution, rental, sale, concession or exploitation of the content of the Platform are strictly prohibited without the express, prior and written consent of the Company.

The Platform and the Personal Spaces are automated data processing systems, and it is forbidden for the User to fraudulently access all or part of the Platform or a Personal Space that does not belong to him. The use of any access method other than that provided by the Company is prohibited. In the event of discovery of such a method or if the User fraudulently accesses a reserved space, he undertakes to inform the Company immediately via a contact form available on the Sites and applications.

The Company reserves the right to take any action necessary to prevent, stop and sanction any infringement of the Platform, its content, a Personal Space, as well as the Services, including by legal action, without notice. The User is solely responsible to the Company, or its partners, for damages resulting from access to the Platform, its Personal Space and the Services, as well as their use.

Any failure to comply with the provisions of this article constitutes a serious failure that may result in the immediate termination of the GTCs to the exclusive wrongs of the User and the definitive prohibition of access to and use of the Platform and the Services.

6.2 Conditions for the creation of a Personal Space

A Personal Space is exclusively assigned to a person, whether a physical or legal entity, and each person, whether natural or legal, can hold only one Personal Space.

Any person, whether natural or legal, wishing to open a Personal Area must have full legal capacity for this purpose and be able to commit to these General Terms and Conditions. Where a legal person is represented by a natural person, that natural person shall guarantee that it has all the rights and authorizations necessary to engage that legal person validly.

In addition, the opening of a Personal Space by a natural person requires having reached the age of 18 years. It is the User's responsibility to ensure compliance with these conditions.

The contents of the mentioned section as well as the conditions of eligibility or the restrictions to the creation of a Personal Space are likely to change at any time, without notice, on decision of the Company. These changes may be made, among other things, to comply with legislative or regulatory obligations. The Company disclaims any responsibility for the consequences of the new restrictions, such as the refusal of the creation of a Personal Space, the suspension, or even the closure or the deletion of the User's Personal Space, in relation to the country of residence, nationality, or any other specific condition that would result from legislative or regulatory obligations.

6.3 Confidentiality and Security of Personal Area Identifiers and Data

The creation of a Personal Space implies that the User activates Wallet Connect and preserves a list of words (seed sentence) that are personal, unique and necessary to access his Personal Space or retrieve his preferences and verifiable attestations (VC), badges etc.

The User is solely responsible for preserving the confidentiality of his Identifiers, strictly personal, and undertakes to take all necessary measures to ensure this confidentiality. It must maintain confidentiality and protect them from unauthorized access or disclosure to third parties. The User is also responsible for the strictly personal use of his Identifiers and guarantees the Company in this regard.

In case of loss, theft of password, or unauthorized access to his Personal Space, the User will immediately inform the Company by email via the contact forms. The User will follow the instructions provided by the Company, in particular to assist him in his approach. The retrieval of the User's Personal Space will require the User to provide additional information and/or documents in order to confirm his identity and the legitimacy of his request. The Company cannot be held responsible if the User fails to provide the required information and/or documents.

The User is informed that the connection or access to his Personal Area with his Identifiers constitutes, between the Parties, proof of his authentication, identification and identity.

The Company makes its best efforts to ensure the security of access to the Services, in particular to the User's Personal Space, in order to prevent any unauthorized access.

6.4 Suspension of Personal Space

Irrespective of the provisions set forth above, the Company retains the right to suspend access to the User's Personal Area and to suspend automatically and without notice the provision of the Services, in the event of the User's breach of his obligations or commitments under these GTCs, or if the Company considers that there is sufficient evidence to suggest that the User may be in breach of his obligations and commitments under these GTCs.

In addition, such suspension may occur in the following cases, including:

The suspension of the Personal Space implies the inability of the User to connect to it and/or to benefit from the Services or to use the Services requiring a connection to the Personal Space.

As far as possible, the Company undertakes to inform the User of this suspension without delay and to indicate to him the reasons for this decision. Unless prohibited by a competent authority or by applicable legal provisions, the Company will notify the User, by email to the address provided in its Personal Area, of a period within which he must remedy the causes of this suspension (for example, regularization actions in case of violation of the User's obligations under these GTC or communication of information and/or documents for analysis by the Company).

In the absence of any indication to the contrary, this period shall be 7 (seven) days. If the User does not comply with the requests of the Company within the time communicated, the Company reserves the right to definitively close the User's Personal Space for fault and to terminate these GTC in accordance with the conditions set out in the article Denunciation - termination of these GTC.

6.5 Closing and Deleting Personal Space

6.5.1 General principles

The User may request the closure and deletion of his Personal Space by sending a request by email via the contact forms of the Sites and applications.

The closing and deletion of the Personal Space by the Company is done automatically within three (3) years from the last connection of the User to his Personal Space. In addition, the Company will close and delete the User's Personal Space in the event of termination of these GTC.

Unless otherwise stated in these GTCs, the closing of the Personal Space implies the inability of the User to connect to it and/or benefit from the Services or use the Services requiring a connection to the Personal Space, as well as the deletion of said Personal Space.

It is important to emphasize that the responsibility of the User lies exclusively with the preservation and safeguarding of the information and documents transmitted by the Company or the Company, as well as those stored or stored in the Personal Space. The Company does not assume any services of preservation, backup, or third party archiving in this regard.

The closure and deletion of a Personal Space, whatever the reason or the initiator, does not entail any right to compensation for the User.

6.5.2 Special situations

In the event of the death of the User, the Company may transfer the Personal Space to the rights holders on specific and explicit request of the latter, accompanied by the necessary supporting documents. This transfer is subject to the payment of specific fees, the amount of which will be communicated in advance by the Company.

7. Respective Obligations of the Parties

7.1 Obligations of the Company

The Company undertakes to comply with the terms and conditions set forth in these GTC. The Company makes the Services available to the User, including access to the Platform, and is therefore subject to an obligation of means.

Specifically, the Company strives to maintain accessibility to the Platform and the Services, as defined in the section Terms of Use of the Platform and the Services herein.

7.2 Obligations of the User

The User is required to strictly comply with the terms and conditions set forth in these GTC. He assumes full responsibility for the use he makes of the Platform, his Personal Space and the Services, as well as the actions and actions of the persons to whom he has granted permission to access his Personal Space.

8. Liability

The User assumes responsibility for his obligations under these GTCs in accordance with the rules of ordinary law.

The Company's commitment is limited exclusively to the provision of the Services in accordance with the provisions of these GTC, subject to all the conditions set forth, in particular in the case of provision by a partner of the Company. The Company's liability is strictly limited to this aspect.

In addition to the cases specified in these GTC where the Company cannot be held liable, the Parties agree that:

The Company cannot be held responsible for:

These provisions include, but are not limited to, maintenance operations, failures of telecommunications equipment, technical or functional changes to the Platform or Services, and failures or interruptions related to the item Availability of the Platform and Services.

In order to hold the Company liable, the User must inform the Company of any request or breach of its obligations under these GTC as soon as it becomes aware of it.

The provisions of this Liability Article shall remain in force after the termination of these GTCs, for any reason, until the completion of their particular purpose.

9 Denunciation - Termination

9.1 Denunciation

The User has the possibility to denounce the GTC at any time and without notice, provided that he/she deletes his/her Personal Space in accordance with the procedures provided for in Article Closing and deletion of the Personal Space.

The Company is entitled to terminate and terminate these GTCs in the following manner, without the User claiming any prejudice on this basis:

Unless otherwise specified in this article, any denunciation initiated by the Company is preceded by an email sent to the address provided by the User in his Personal Area. This letter informs the User of the denunciation and the date on which it will take effect, in accordance with the deadlines and notice mentioned herein. In the absence of any obligation of notice for the Company, this email is concomitant with the denunciation.

9.2 Termination

Termination of the GTC may be initiated by the Company in the following cases, without prejudice to any damages claimed from the User:

9.3 Consequences

In the event of termination or termination of the GTC in accordance with the Article Termination, the Company shall close and delete the User's Personal Area in accordance with the provisions of the Article Closing and deletion of the Personal Area of these GTC.

The terms which, by their nature or subject matter, are to survive at the end of the GTC shall remain in force after termination or termination and shall remain in force until the completion of their respective subject matter, unless otherwise specified in the GTC.

10. Personal data and cookies

The Platform may implement processing of personal data. For more information on how the Company handles this data, please see the Privacy Policy.

During your visit to the Platform, cookies, as well as other tracers or similar technologies, may be installed and/or read in your browser or terminal. For detailed information on the Company's management of cookies, please refer to the Cookie Policy.

11. Intellectual property

11.1 General

The Platform as a whole, as well as each component individually, such as programs, developments, structure, and contents including data, text, still or animated images, logos, sounds, graphics, photographs, files, are the exclusive property of the Company or third parties who have assigned or granted the Company the right to exploit them.

Any reproduction in whole or in part of the Platform or any of its elements without the express authorization of the Company is strictly prohibited and would constitute an infringement punishable by the intellectual property code, as well as an act of unfair competition or parasitism. If authorized by the Company, any representation or reproduction shall include the words “Copyright [current year] myDid - all rights reserved”.

The databases on the Platform are protected by the intellectual property code, and any extraction or substantial reuse of the contents of these databases is sanctioned.

The trademarks and logos present on the Platform are trademarks registered by the Company or by third parties. Any unauthorized reproduction, imitation or use of these distinctive signs shall be the responsibility of the author.

Other distinctive signs such as company names, trade names, signs, domain names present on the Platform are the property of the Company or third parties. Any unauthorized reproduction of these elements may constitute usurpation involving the responsibility of the author.

11.2 User Warranties

By using the Platform, the User declares and guarantees to have the necessary rights to make available, use or exploit the badges on the Platform. In particular, it guarantees the Company that the Badges, in particular the images, do not infringe on the privacy, dignity of individuals or any intellectual property rights of third parties.

The User undertakes to indemnify the Company against any action of third parties resulting from the use of the badges, including actions for counterfeiting, unfair competition and/or parasitic acts. This compensation covers all costs, expenses, including legal fees and attorneys' fees, as well as the amount of transactional compensation and/or damages that may be claimed from the Company.

By creating User Content other than badges on the Platform, the User grants the Company and all its Users a free, non-exclusive, worldwide license valid for 70 years on any medium. This license allows other Users to reproduce and share the User Content on the Platform, and the Company to use the User Content for the purpose of providing the Platform Services, as well as for marketing, communication or marketing activities.

12. Convention of Evidence

12.1 Computer Records

The User acknowledges that the Platform and the tools deployed on it, in particular within its Personal Area and Services, ensure the traceability of specific actions and operations such as the Operations carried out or the acceptance of the GTC. These traceability procedures generate computer traces, also called event logs (hereinafter referred to as "Computer Traces").

The Computer Traces, generated by the Platform and their possible reproduction in paper or electronic form, constitute proof of the use of the Platform, the Personal Space and the Services. They attest in particular to the execution of an Operation, the publication of content, the capture of information, the delivery of information, or even a consent/acceptance.

12.2 Electronic Writing

The User expressly acknowledges that exchanges with the Company may be made by various means, in particular by electronic message to the address mentioned in the Personal Space, within the User's correspondence, or through all documents and electronic writings resulting from the use of the Services, including the Computer Traces. These electronic writings, accepted or signed electronically, are hereafter referred to as the Electronic Writings.

Electronic Writings have probative value and can validly prove a fact or the content of the exchanges. Any computer and/or electronic document originating from the Company, the Platform, the Personal Space or the use of the Services constitutes proof between the Parties.

The User also acknowledges that Electronic Writings:

In any event, the User expressly waives the right to challenge the nullity, non-application, lack of evidentiary legal value or non-enforceability of the Electronic Writings on the ground that they come from the Company, the use of the Platform, the Personal Space, the Services or the Computer Traces, or that they are in electronic form.

The User's failure to manage the delegation of authority cannot be used against Company E to question the legal value of the Electronic Writing.

13. Miscellaneous

13.1. Force majeure

Neither the User nor the Company can be held liable in case of non-performance of their obligations under these GTC resulting from a case of force majeure within the meaning of Article 1218 of the Civil Code. All events usually recognized as such by the case-law of the courts and tribunals, in particular by the case-law of the Court of Cassation, are explicitly considered to be cases of force majeure.

This includes, but is not limited to, theft of Digital Assets, lack of power supply, disruption of communication networks, hacking, bad weather, natural disasters, acts of terrorism, war, riot, fire, strikes, legal or governmental restrictions, epidemics, pandemics, diseases affecting more than 10% of Company personnel over a period of two consecutive months, and other events preventing the normal performance of the GTC obligations.

13.2 Non-Waiver

The fact that one Party tolerates a situation, such as not invoking certain provisions of the GTCs, does not alter the GTCs and does not grant the other Party acquired rights. Such tolerance, even if repeated, does not constitute a waiver of the rights in question or an amendment to these GTC.

13.3 Interpretation

In case of difficulties of interpretation resulting from a contradiction between the titles of articles and the articles themselves, the titles will be considered as non-existent.

13.4 Partial nullity

If one or more of the terms of the GTC are null, invalid, illegal or unenforceable, the other terms shall remain applicable and shall remain in full force and effect.

13.5 Independent Co-Contractors

The Parties shall act as independent co-contractors, each on its own behalf, and these GTCs shall not be construed otherwise.

13.6 Subcontracting

The Company may use subcontractors to perform the GTC, but remains responsible for such performance in accordance with the terms of the GTC.

13.7 Assignment

The User's Personal Space cannot be assigned. The Company may assign or transfer the GTC or its rights and obligations without notice to the User.

13.8 Calendar days

Unless otherwise specified, the time limits and durations stated in the GC are in calendar days.

14 Language - Applicable law and jurisdiction

These GTCs are written in French. In case of translation into one or more foreign languages, only the French text will prevail in case of dispute.

This Platform is governed by the laws of Switzerland. The content provided is in accordance with Swiss law. The publisher of the site declines any responsibility in case of non-compliance with the legislation of the country of connection.

These GTCs, as well as the relationship between the Company and the User, are also governed by Swiss laws. This applies to both substantive and formal rules, irrespective of where the substantive or ancillary obligations are performed.

In the event of a dispute concerning the interpretation or execution of the MCs, the Parties shall endeavor to find an amicable solution. In the absence of an amicable settlement, only the Swiss courts shall have jurisdiction in disputes arising from the application of these GTCs or resulting directly or indirectly from the use of the Platform. The reference language for the settlement of any dispute is French.

By way of exception, in the event of a dispute not amicably resolved between the Company and a User, the dispute will be the exclusive jurisdiction of the courts of Neuchâtel, even in the case of multiple defendants or of an appeal as a guarantee, including for urgent, precautionary, interim proceedings, or by motion.