General Terms of Use

Effective Date: 10/10/2024

1. Purpose

Hunimalis is a website operated by Hunimalis SAS. It is accessible at the following address: https://www.hunimalis.com (hereinafter referred to as the "Site") and its mobile application (hereinafter referred to as the "Application"), collectively referred to as the "Platform".

The Platform allows its users (hereinafter referred to as the "Users") to manage their animals with an all-in-one approach and offers services to improve the daily lives of animal shelters, grooming salons, trainers, animal shelters, pet boarding facilities, osteopaths, and pet owners throughout France, Switzerland, Belgium, and Canada.

These general conditions (hereinafter referred to as the "General Conditions") aim to define the terms and conditions for User registration on the Platform, the terms and conditions for the use of the services offered (hereinafter referred to as the "Services"), as well as to define the rights and obligations of Users in this context.

They express the entire agreement of the Parties and cancel and replace any prior agreement, letter, offer, or other written or oral document having the same subject matter. They are accessible and printable at any time on the website. They may be supplemented, if necessary, by specific terms of use for certain services, which then supplement these General Conditions and, in the event of any contradiction, prevail over them. The company Hunimalis and the User are hereinafter collectively referred to as the "Parties" or individually as a "Party".

2. Operator of the Platform and Services

The Platform and the Services are operated by the company Hunimalis SAS, a simplified joint-stock company with a capital of 8580 euros, registered with the Trade and Companies Register of Annecy under number 823 999 230, and whose registered office is located at 5 ter, avenue des 3 fontaines, 74600 Annecy (hereinafter "Hunimalis"). Hunimalis can be contacted at the following coordinates: Email address: contact@hunimalis.com Mail: 5 ter, avenue des trois fontaines, 74600 Seynod, France Phone: (+33) 9 72 58 4743

3. Acceptance of the General Conditions

The acceptance of these General Conditions by Users is materialized by a click button at the time of their registration. This acceptance can only be full and complete. Any acceptance "subject to" is considered null and void. The User who does not accept to be bound by these General Conditions cannot use the Services or access the Platform.

4. Access to the Platform and Services

The Platform and the Services are accessible to any natural or legal person with full legal capacity to enter into agreements under these General Conditions and who is at least 18 years old for natural persons.

5. Registration on the Platform

To use the Platform, the User must open an account with Hunimalis on the Platform, according to one of the procedures described below to benefit from the Services, as chosen freely by Hunimalis (hereinafter the "Account"). The User can create a personal account for managing their animals. The User can also create a Linked Account or join an existing "Client" account with the client's authorization. This Linked Account, which will also be linked to their personal account, will be accessible using the same username and password. The User can create an account through their Facebook, Google, Apple, LinkedIn, or Twitter login credentials. This "Connect" tool allows any user of a social network account to use their identification data on that social network to create an account on another website. When you click on the "Continue as..." button on our Platform's registration form, you give your consent to the social network that owns the identifier to transfer the necessary data to create your account. For more information, you can consult the privacy policy of the social network whose identifier you used (Facebook, Google, Apple, LinkedIn, or Twitter). Regardless of the chosen registration procedure, the User must accept the General Conditions when registering on the Platform. The User acknowledges and accepts that to create an Account on behalf of a legal entity, the administrator of that Account must have all the rights and powers to bind the company and manage such Account. The User must then, depending on the choices offered by Hunimalis and their own preferences if applicable, fill out the registration form, completing all the required information, including their name, first name, and email address. The User must provide all the required information and documents. Any incomplete registration request will not be validated. The User is assigned a temporary password that they are recommended to change. The User has the possibility to change their password at any time by following the instructions in their Personal Space. It is recommended to regularly change the password. The User undertakes to promptly inform Hunimalis of any changes to their information at the contact address indicated in Clause 2 above "Operator of the Platform and Services" or as described in the "Contact us" section of the Platform. The User acknowledges and accepts that the information provided for the purpose of creating or updating their Account constitutes proof of their identity and binds them as soon as it is validated by Hunimalis. Once validated by Hunimalis, registration on the Platform results in the opening of an Account and the allocation of a personal space in the form and using the technical means that Hunimalis deems most appropriate to provide the Services, including a web page allowing the User to use and manage the Services (hereinafter the "Personal Space"). The User accesses the Services by logging into their Account with their username and password, which they acknowledge and accept.

6. Strictly Personal Use

The User is the person whose personal information matches the information provided on the registration form, excluding any other third party. Hunimalis reserves the right to delete any additional account created by the same User and/or merge additional accounts to avoid duplication. Hunimalis reserves the right to delete any new Account created by a User, whose previous Account has been deleted at the discretion of Hunimalis. The User undertakes to use the Services personally and not to allow any third party to use them on their behalf or for their own account, including another User of the Services. The User is also responsible for maintaining the confidentiality of their username and password and expressly acknowledges that any use of the Services from their Account will be deemed to have been made by themselves. If the User discovers that their Account is or has been used without their knowledge, they undertake to notify Hunimalis as soon as possible, at the address indicated in Clause 2 "Operator of the Platform and Services" or via the "Contact us" section of the Platform.

7. Non-Commercial Use

The User is prohibited from monetizing, selling, granting, exchanging, and more generally, negotiating all or part of the access to the Services, the servers of the Platform, as well as the information and/or texts, images, audiovisual content, and other content operated by Hunimalis on the Platform and/or uploaded by Users in the use of the Services.

8. Description of the Services

The User has access to the following Services in the form and using the technical means that Hunimalis deems most appropriate for the duration of these terms. The User acknowledges and accepts that they can only access all the Services detailed below once their Account has been definitively validated by Hunimalis. By subscribing to the Services, the User expressly agrees to receive a newsletter providing relevant information for their activity by email to the address provided during registration. The User is informed that they can unsubscribe from this newsletter at any time by clicking on the link provided for this purpose in the email. The User also has the possibility to manage their subscription to the newsletter directly in their Personal Space.

8.1 Services

Hunimalis provides the User with the Services on the Platform accessible through the Internet network and grants them the non-exclusive right to use them. The Services include: - Providing a dedicated space for each User to manage their animals, in which they can create and modify information, data, files, and other elements and content, entered, stored, transmitted, and more generally used by the User in the context of the Services to which they have access (hereinafter the "Content"). The User can also manage the sending of appointment reminders by email and manage their email campaigns.

8.2 Technical Support

Hunimalis offers the User technical support accessible by email at the address support@Hunimalis.com, Monday to Friday, from 9:00 a.m. to 5:00 p.m. A response will be provided by Hunimalis within a maximum period of 24 hours, except on public holidays according to the French calendar.

8.3 Other Services

Hunimalis reserves the right to modify the Services or offer any other service in the form and with the functionalities and technical means that it deems most appropriate to provide the said Services.

9. Financial Conditions

The Services are provided to the User free of charge. However, the User is informed that certain services, at the free choice of Hunimalis, may be subject to payment of a price, which the User acknowledges and accepts. Any paid services will be identified by any means that Hunimalis deems most appropriate. Hunimalis sets the price of paid services in euros, including all French taxes.

10. Duration

These General Conditions apply for the entire duration of the validity of the User's Account until the closure of said Account by either Party, for any reason, under the conditions detailed in Clause 11 below "Closure of the Account".

11. Closure of the Account

 

The User can unsubscribe from the Services and close their Account at any time by clicking on the "Account Deletion" tab in their Personal Space. The deactivation of the Account is immediate.
The User will be able to reactivate their Account by logging in using their username and password through the Platform at any time within a period of 1 (one) year from the date of deactivation of their Account, except in the event that the Account has been closed by Hunimalis for the User's fault.
Beyond this period of 1 (one) year, the Account will be permanently closed, and the Content and information stored on the User's Account will be destroyed by Hunimalis.
The User expressly acknowledges that Hunimalis cannot be held liable for any loss or alteration of the Content and information stored by the User on their Account, which occurred after the deactivation of their Account, regardless of the cause, including maintenance and/or update operations of the Platform.

12. Access to Services and Platforms

Hunimalis undertakes to do everything possible to ensure the permanence, continuity, and quality of the Services offered and subscribed to, and as such, has an obligation of means. In case of necessity, Hunimalis reserves the right to limit or suspend access to the Platform to carry out any maintenance and/or improvement operations. In this case, Hunimalis undertakes to do its best to inform in advance through informative messages about these maintenance and/or improvement operations.
In the context of these maintenance and/or improvement operations, Hunimalis undertakes to do its best to make backups of the Account and/or User's Content, in order to allow their restoration to their original state as of the date of said maintenance and/or improvement operations. Hunimalis cannot be held responsible in any case for the loss of Content during maintenance and/or improvement operations.
Hunimalis also undertakes to take all necessary precautions with regard to the nature of the data and the risks presented by the automated data processing implemented for the needs of the Services, to ensure the security of the data, and in particular to prevent it from being distorted, damaged, or accessed by unauthorized third parties.

13. User Obligations

Without prejudice to other obligations provided herein, the User agrees to comply with the following obligations.
In their use of the Services, the User agrees to comply with applicable laws and regulations and not to infringe upon the rights of third parties or public order.
The User acknowledges having read the characteristics and constraints, including technical ones, of all the Services.
The User undertakes to use the Services strictly for personal purposes. Consequently, they agree not to assign, grant, or transfer all or part of their rights or obligations under these terms to a third party in any way without prior authorization from Hunimalis.
The User undertakes to provide Hunimalis with all the necessary documents, elements, data, and information for the proper execution of the Services. More generally, the User undertakes to actively cooperate with Hunimalis for the proper execution of these terms and to inform Hunimalis of any difficulties related to this execution.
The User guarantees Hunimalis that they have all the necessary rights and authorizations to publish any type of Content (personal data, editorial, graphic, or other) that they upload to the Platform in the context of using the Services. They undertake that such Content is lawful, does not infringe upon public order, good morals, or the rights of third parties, does not violate any legislative or regulatory provisions, and, in general, is in no way likely to engage the civil or criminal liability of Hunimalis.
The User is therefore prohibited from distributing, including but not limited to, pornographic, obscene, indecent, shocking, defamatory, insulting, violent, racist, xenophobic, or revisionist content; content that is harmful to the computer systems of third parties (such as viruses, worms, Trojans, etc.); and, more generally, any content that may infringe upon the rights of third parties or be harmful to third parties in any way or form.
In this context, the User guarantees Hunimalis against any claim, demand, and/or action by one or more other Users and/or any third party claiming that the Content constitutes a violation of their rights, regardless of the nature of those rights, including intellectual property rights, right to image, and right to privacy.
Consequently, the User undertakes to indemnify Hunimalis for any damage it may suffer and to bear all damages, costs, charges, and expenses that Hunimalis may be condemned to or agreed upon in a settlement agreement signed by Hunimalis after obtaining the prior agreement of the User, due to their Content.

14. Prohibited Behaviors

It is strictly forbidden to use the Services for the following purposes:
- engaging in illegal, fraudulent activities or activities that infringe upon the rights or security of third parties, violating public order or violating applicable laws and regulations;
- using robots to collect and download content and/or data massively from the Platform;
- and, more generally, any practice that diverts the Services from their intended purpose.
It is strictly prohibited for any User to copy and/or divert, for their own purposes or for the purposes of third parties, the concept, technologies, or any other element of the Platform.
The following are also strictly prohibited: (i) any behavior that disrupts, suspends, slows down, or prevents the continuity of the Services, (ii) any intrusion or attempted intrusion into Hunimalis systems, (iii) any diversion of the system resources of the Platform, (iv) any action that may impose a disproportionate burden on the infrastructure of the Platform, (v) any breach of security and authentication measures, (vi) any act that may infringe upon the financial, commercial, or moral rights and interests of Hunimalis, and, finally, more generally, (vii) any breach of these General Conditions.

15. Sanctioning of Breaches

In the event of a breach of any provision of these General Conditions and/or the Personal Data Protection Policy, or more generally, a violation of laws and regulations by the User, Hunimalis reserves the right to:
- immediately interrupt the access to the Services of the User who committed or participated in the breach or violation, especially in the case of providing false, incomplete, misleading, or expired information during registration;
- delete any content related to the breach or violation, in whole or in part;
- take appropriate measures and initiate legal action,
- notify, if necessary, the competent authorities, cooperate with them, and provide them with any useful information for the investigation and prosecution of illegal or illicit activities.
Hunimalis may also temporarily or permanently suspend the Account of the User targeted by one or more complaints regarding a suspected breach of these General Conditions, the Regulations, or a violation of applicable laws and regulations, while conducting the necessary verifications on the veracity of the alleged facts.

16. Exclusion of Liability and Warranty by Hunimalis

Hunimalis' liability is strictly limited to the provision of the Services as described herein, to the exclusion of any other service. The User further acknowledges and accepts that the Services are provided "as is," without any express or implied warranties.
In particular, Hunimalis does not guarantee that:

• the Services, subject to constant research to improve their performance and progress, will be completely free from errors, defects, or faults;
• the Services, being standard and not offered solely to the User according to their personal constraints, will specifically meet the User's needs and expectations;
• the Platform will function continuously, with Hunimalis reserving the right to temporarily interrupt access to it for maintenance reasons. Hunimalis cannot be held responsible for disruptions or failures of the internet network or the telecommunications network, and more generally, for disruptions originating from external circumstances or force majeure. Hunimalis also disclaims any responsibility in the event of possible loss of Content and information accessible on the User's Account, and the User must ensure to back up a copy of the Content and information they consider necessary and cannot claim any compensation in this regard. Hunimalis will not be liable to the User for the payment of any damages, of any nature, whether direct or indirect, material, financial, or moral, due to the User's use of the Services and the Platform, excluding liability that may be incurred by Hunimalis for paid services only.

17. Intellectual Property

These General Conditions do not grant the User any intellectual property rights of any kind over the Platform, as well as all the Services, texts, images, audiovisual content, and other content operated by Hunimalis, including these General Conditions, trademarks, trade names, logos, software, structures, infrastructures, and databases used by Hunimalis within the Platform, which remain the exclusive, full, and entire property of Hunimalis or third parties who have granted Hunimalis the right to use them, excluding the Content owned by the User.
Any act of disassembly, decompilation, decryption, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation, or commercialization of the Platform and/or the texts, images, audiovisual content, and other content operated by Hunimalis on the Platform by the User, without Hunimalis' authorization and not in accordance with the provisions of these General Conditions, is prohibited and may be subject to legal proceedings.

18. Personal Data

Hunimalis follows a personal data protection policy, the characteristics of which are explained in the document entitled "Personal Data Protection Policy," accessible on the homepage of the Platform, and the User is expressly invited to review it.
Hunimalis specifically declares that it complies with all the regulatory obligations regarding the protection of Personal Data, aiming to ensure, in particular, the security and confidentiality of the collected and processed data.

18-1 Personal Data Protection Contact

Any questions or requests relating to the protection of Personal Data should be sent by email to the following address:

Hunimalis
Responsable protection des Données
5 ter, avenue des 3 fontaines,
​​​​​​​74600 Annecy

19. Advertising / Entertainment

 

Hunimalis reserves the right to insert, on any page of the Platform and in any communication to the User, any advertising or promotional messages in a form and under conditions that Hunimalis shall be the sole judge of, including promoting any launch of games, contests, lotteries, and/or entertainment.
Hunimalis reserves the right to offer the User the opportunity, under the conditions and limits provided herein, to participate in games, contests, lotteries, and various entertainment activities. Certain games, contests, lotteries, or entertainment activities are subject to specific conditions that the User must specifically accept to participate in, which the User acknowledges and accepts.
The User will be informed of the launch of all games, contests, lotteries, and/or entertainment activities by any means deemed useful by Hunimalis, including on the homepage of the Platform, in the form and using the means deemed most appropriate by Hunimalis.

20. Links and Third-Party Websites

Hunimalis cannot be held responsible in any way for the technical availability of websites or mobile applications operated by third parties (including any potential partners) that the User may access through the Platform.
Hunimalis assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites, which are governed by their own terms of use and data protection policies.
Hunimalis is also not responsible for transactions between the User and another User, advertiser, professional, or merchant (including any potential partners) to which the User may be directed through the Platform and cannot be a party to any possible disputes, including but not limited to the delivery of products and/or services, warranties, statements, and any other obligations to which these third parties may be bound.
The User further acknowledges and accepts that Hunimalis may offer its partners the integration of an API on their websites, allowing them to assign a Hunimalis identification badge to any user of their services who is also a User of Hunimalis Services.

21. General Provisions

Hunimalis reserves the right to modify these General Conditions at any time. Hunimalis reserves, in particular, the possibility to modify and/or cease offering all or part of the Services at any time and at its sole discretion. The User will be notified, by a banner appearing when accessing the Services, in the event of a modification to the current General Conditions. The modifications to the General Conditions will take effect thirty (30) calendar days after the sending of the aforementioned notification. However, modifications due to legal or regulatory compliance may take effect immediately to the extent that Hunimalis does not control them.
The User who does not accept the modified General Conditions must unsubscribe from the Services. Any User who uses the Services after the modified General Conditions come into effect is deemed to have accepted these modifications, which shall fully apply to them.
Contractual deadlines (days and hours) are understood as business days and hours in France.

21-1 Severability

The invalidity of any provision of these General Conditions under any law, regulation, or as a result of a final decision by a competent jurisdiction shall not affect the validity of the other provisions, which shall remain in full force and effect. In such case, to the extent possible, Hunimalis shall replace the invalidated provision with a valid provision corresponding to the spirit and purpose of the contractual conditions.

21-2 Headings

The headings of the clauses are for reference purposes only and do not have contractual value or any particular significance.

21-3 Tolerance

It is expressly agreed between the Parties that any tolerance or waiver by either Party in the application of all or part of the obligations provided in the General Conditions, regardless of the frequency and duration, shall not constitute a modification of the General Conditions or be capable of creating any rights.

21-4 Assignment

Hunimalis may freely assign all or part of the Platform and Services, including in the context of (a) changes in shareholding, participation, and control of either Party, and (b) operations such as mergers, acquisitions, business transfers, activity transfers, and other operations involving the transfer of assets.

21-5 Language

In the event of a translation of these terms into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute regarding the meaning of a term or provision.

21-6 Proof

It is expressly agreed that the data from the information system of Hunimalis or its subcontractors, such as connection logs, information, incident management reports, or others, are fully binding on the User and admissible, including in the context of litigation procedures.

21-7 Survival

The unsubscription or closure of the Account shall not affect the validity of the rights and obligations provided in the clauses of "Intellectual Property," "Personal Data," "Applicable Law and Jurisdiction," and other clauses of the General Conditions that, by their nature or specific stipulations, extend beyond the term or termination, both for the Parties and their successors, until their respective expiration dates.

21-8 Applicable Law and Jurisdiction

This contract is subject to French law for both form and substance. In the absence of an amicable settlement, the parties may bring their dispute before the competent courts of Annecy, to which they attribute exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings, even for urgent and conservatory proceedings, interim measures, or requests.