Terms of Service

1. Preamble

These General Terms of Use (hereinafter referred to as "GTU") govern the use of the digital platform "Petit Grignotin" (hereinafter referred to as the "Platform"), operated by Graines de Sol - Kavacode (hereinafter referred to as "we", "our", or "Platform"). Please read these GTU carefully before using the Platform. By using the Platform, you agree to be bound by these GTU. If you do not accept these terms, please do not use the Platform.

2. Acceptance of the Agreement

By accessing the Platform, you agree to the terms and conditions set forth in this Agreement. If you do not accept these terms, please do not use the Platform.

3. Definitions

In this Agreement, the following terms shall have the meanings assigned to them below:

• "Platform" refers to the website and all the services provided by Petit Grignotin.
• "User" refers to any natural or legal person accessing the Platform.
• "Subscription" refers to the commitment plans offered by Petit Grignotin, including the "Free", "Basic", and "Privilege" plans.
• "Content" refers to all elements available on the Platform, such as texts, images, videos, files, data, etc.

4. Subscription Duration

4.1 "Free" Commitment Plan The "Free" commitment plan is renewed each month and can be stopped at any time through the option accessible in the "my account" section. Each month started is due in its entirety.

4.2 "Basic" Commitment Plan The "Basic" commitment plan is contracted for a duration of one year and is renewed each year by tacit renewal, on the anniversary date of the initial subscription of the contract.

4.3 "Privilege" Commitment Plan The "Privilege" commitment plan is contracted for a duration of two years and is renewed each year by tacit renewal, on the anniversary date of the initial subscription of the contract.

4.4 Automatic Renewal Each subscription will be automatically renewed at the end of the current subscription period, unless the User chooses to terminate the subscription in accordance with the terms specific to each plan. In the case of automatic renewal, the User agrees that the applicable subscription fees will be automatically charged according to the terms specified in the "Rates and Payment" section.

5. Rates and Payment

5.1 "Free" Commitment Plan The "Free" commitment plan is billed at a monthly rate of 120 EUR Excluding Taxes.

5.2 "Basic" Commitment Plan The "Basic" commitment plan is billed at a monthly rate of 90 EUR Excluding Taxes per month.

5.3 "Privilege" Commitment Plan The "Privilege" commitment plan is billed at a monthly rate of 70 EUR Excluding Taxes per month.

5.4 Monthly Transaction Fees In addition to the subscription fees, the User must pay a monthly invoice corresponding to 1.5% of the total amount of transactions made via the Platform during the previous month. Payment terms will be specified during billing.

5.5 Non-Payment In the event of non-payment of subscription fees or transaction fees by the due date, the User may have their access to the Platform suspended until payment is regularized. In case of prolonged payment default, Graines de Sol - Kavacode reserves the right to terminate the subscription in accordance with the terms specific to each plan. In this case, Graines de Sol - Kavacode may have the termination recognized by the judge of the competent summary court. The Client will be liable to the Platform for the full reimbursement of the incurred procedure costs.

6. Intellectual Property

6.1 License to Use By subscribing to a subscription, the User is granted a limited, non-exclusive, non-transferable license to use the services provided by the Platform for the duration of the subscription. This license is subject to compliance with this Agreement and does not confer any intellectual property rights to the User.

7. Confidentiality

7.1 Protection of Information We implement appropriate security measures to protect your personal information. The data collected is processed in accordance with our Privacy Policy, available on the Platform.

7.2 Data Storage The data provided by the User will be stored on secure servers. We commit to implementing necessary measures to prevent any loss, unauthorized access, disclosure, or alteration of these data.

8. Liability

8.1 To the fullest extent permitted by law, Graines de Sol - Kavacode shall not be liable for any losses, damages, costs, or expenses arising from the use of the Platform, including the loss of data or profits.

8.2 Graines de Sol - Kavacode shall not be responsible for content uploaded through its platform. The responsibility for content publication rests with the User and must comply with the laws of the country in which they reside.

8.3 Graines de Sol - Kavacode cannot be held responsible for the failure of users of the Petit Grignotin platform to comply with the legal compliance of their activity. We remind restaurateurs and users of our platform that the restaurant industry is regulated by laws and that they are required to comply with them.

8.4 Graines de Sol - Kavacode is only bound by an obligation of means. Its liability cannot be engaged in case of non-performance or poor execution of the order that could be attributed, either to the User, to the unforeseeable and insurmountable act of a third party not party to the contract, or to a force majeure event.

8.5 The Platform's liability, whatever the cause, is limited to the amount paid by the User under the concerned contract.

8.6 In particular, the Client cannot claim any compensation for indirect damages.

9. Decorum

Graines de Sol - Kavacode allows restaurateurs using the Grignotin platform to communicate directly with their users to offer promotions, special offers, invitations, etc. This communication is limited to 1 informational ticket per week per restaurateur.

Graines de Sol - Kavacode insists on the respect of courtesy rules surrounding these communications, thus, communicators must imperatively be:

• Respectful of the LAW: it is forbidden to share content of a sexual nature, to support or praise terrorism, organized crime, or hate groups.
• Courteous and not use insulting, threatening, humiliating language, or aiming to dishonor the message's readers.
• Committed to never attacking anyone on the basis of race, ethnicity, nationality, sex, gender, sexual identity, sexual orientation, religious affiliation, disability, or medical condition.
• Honest and never communicate false offers or about services they are not authorized to market.
• Rigorous and never share sensitive, private information, or inappropriate content not relevant to the restaurant industry.

Any breach of these rules will result in the automatic and permanent deletion of the account of the issuing establishment. Graines de Sol - Kavacode may collaborate with authorities, especially when there is a risk of physical harm or a threat to public safety, and reserves the right to take legal action in case of damage to its image or operation.

10. Force Majeure

Graines de Sol - Kavacode shall not be held responsible for any delay, failure in performance, or interruption of service caused by circumstances beyond our reasonable control, such as natural disasters, acts of terrorism, strikes, network outages, etc.

11. Modification of the Agreement

Graines de Sol - Kavacode reserves the right to modify, update, or revise this Agreement at any time. Changes will take effect immediately upon their posting on the Platform. It is your responsibility to regularly review the Agreement to be aware of any updates.

12. Termination

You may terminate your subscription at any time in accordance with the terms specific to each subscription plan. In the event of a breach of this Agreement, Graines de Sol - Kavacode reserves the right to terminate your access to the Platform without notice.

12.1 Termination of the "Free" Commitment Plan Termination of the "Free" commitment plan can be made during the month and will be effective the following month. Any month started is due. The 1.5% transaction commissions will be suspended along with the service. Termination is carried out through the termination form available on the platform, in the "my account" section.

12.2 Termination of the "Basic" Commitment Plan The termination of the "Basic" commitment plan must be done at least 1 month before the contract renewal date through the termination form available on the platform, in the "my account" section.

12.3 Termination of the "Privilege" Commitment Plan The termination of the "Privilege" commitment plan must be done at least 1 month before the contract renewal date through the termination form available on the platform, in the "my account" section.

 13. Governing Law and Jurisdiction

This Agreement is governed by French law. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of the service provider's metropolitan residence.

14. GDPR Clause

By using the Platform, the User consents to the processing of their personal data in accordance with the Platform's Privacy Policy. The User may exercise their rights under the General Data Protection Regulation (GDPR) by contacting the following address:

contact(@)grignotin.com.

15. Contact

For any questions or concerns regarding this Agreement, please contact us at the following email address: contact(@)grignotin.com.

Last updated: 15/02/2024

By accepting this Agreement, you confirm that you have read, understood, and agreed to all the terms and conditions set forth in this document, which constitutes a legally binding contract between you and Graines de Sol - Kavacode.

These General Terms of Use (hereinafter referred to as the "GTU") govern the use of the "Petit Grignotin" mobile restaurant application (hereinafter referred to as the "Application") made available by KAVACODE - Graines de Sol (hereinafter referred to as "we", "our", or "us") to users (hereinafter referred to as "you" or "your") on Android and iOS platforms.

1.      By downloading, installing, or using the Application, you confirm that you are at least 18 years old and agree to comply with these GTU. If you do not accept these terms, please do not use the Application.

2.      Collection and Use of Data:

a. Geolocation Data: The Application may collect geolocation data to provide you with personalized information about nearby restaurants and to facilitate the delivery of your order.

b. Registration Information: When creating your user account, we collect information such as your name, email address, phone number, etc. These details are used to identify and contact you regarding your orders.

c. Photos: You may choose to upload photos as part of the Application, for example, to personalize your profile or share reviews on dishes. You retain all rights to your photos, but we may use them in accordance with our privacy policies.

3.      Data Protection and GDPR: We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR). Please consult our Privacy Policy to learn more about how we collect, use, store, and disclose your data. You can request the deletion of your data at any time via the following address: contact(@)grignotin.com.

4.      Security: We implement appropriate security measures to protect your information, but no method of electronic transmission or storage is completely secure. You acknowledge and accept the risks associated with the use of the Application.

5.      Application Use: You agree to use the Application in accordance with all applicable laws and these GTU. You agree not to use the Application for unlawful or fraudulent purposes.

5.a.      Decorum

Graines de Sol - Kavacode allows users of the mobile application to leave a review on a dish or a restaurant, use a profile photo, communicate directly with the restaurateur, or send an address to other contacts.

Graines de Sol - Kavacode insists on the respect of courtesy rules surrounding these communications, thus, communicators must imperatively be:

• Respectful of the LAW: it is forbidden to share content of a sexual nature, to support or praise terrorism, organized crime, or hate groups.
• Courteous and not use insulting, threatening, humiliating language, or aiming to dishonor the readers of the message.
• Committed to never attacking anyone on the basis of race, ethnicity, nationality, sex, gender, sexual identity, sexual orientation, religious affiliation, disability, or medical condition.
• Honest and never communicate false offers or about services that restaurateurs are not authorized to market.
• Rigorous and never share sensitive, private information, or inappropriate content not related to the restaurant industry.

5.b       Any breach of these rules will result in the automatic and permanent deletion of the user's account. Graines de Sol - Kavacode may collaborate with the authorities, especially when there is a risk of physical harm or a threat to public safety, and reserves the right to take legal action in case of damage to its image or operation.

6.      Modification and Termination: We reserve the right to modify, suspend, or terminate the Application or any part of its features at any time, without notice, especially in case of non-compliance with the GTU.

7.      Contact For any questions or concerns regarding these GTU or the "Petit Grignotin" Application, please contact us at contact(@)grignotin.com.

By downloading, installing, or using the Application, you acknowledge that you have read, understood, and accepted these General Terms of Use.