The contract consists of the subscription form, the price book (“Price Book”) and these general subscription conditions (together “Contract”).

ARTICLE 1. DESCRIPTION OF THE SERVICE

The DIBOTIOO service includes the provision of an online shop accessible via 1 applications: “Dibotioo Mobile App”, allowing the subscriber, depending on the subscribed offer, to benefit from the services of an e-commerce platform, to sell Alliance In Motion Global Prducts.

ARTICLE 2. REQUIREMENTS FOR ACCESS TO SERVICES

2.1. Prior to subscribing to the Service, the subscriber must have an Internet connection via smartphone, tablet or computer.
2.2. In order to access the Service, the subscriber’s Line must pay the subscription fee.

ARTICLE 3. TERMS OF SUBSCRIPTION TO THE SERVICE

3.1 Subscription
The Service can be subscribed to on the www.dibotioo.com website or by a known representative.
The subscriber agrees to prove his identity and location

3.2. Retraction
In the case of an online subscription, the subscriber has a period of 7 days to exercise his right of retraction from the date of activation of the service of the subscription to the offer. In order to retract from the Contract, the subscriber must notify his decision to retract before the expiry of the aforementioned period, by means of an unambiguous statement, for example by using the retraction form, to the address indicated in the retraction form.

Dibotioo will refund all sums paid by the subscriber under the Contract, at the latest within 7 days from the date Dibotioo is informed of the subscriber’s decision to retract, using the same means of payment that the subscriber used for the initial transaction, unless the subscriber expressly agrees to a different means. However, bank charges will not be refunded.

ARTICLE 4. DIBOTIOO PRODUCTS

4.1 Installation and configuration
The subscriber agrees to comply with all the instructions related to the installation and use of the Dibotioo platform available in the documentation available on our site and the standards in force, and will bear all the consequences, including financial, attached to an installation or use of the Dibotioo tools that do not comply with these instructions and standards.

ARTICLE 5. USE OF THE SERVICE

5.1. In application of the legislation in force, Dibotioo is not subject to a general obligation of surveillance, nor to a general obligation to search for facts or circumstances revealing illicit activities. Consequently, the subscriber undertakes to respect, or to make any person using the Service respect, the following rules :

• data circulating and/or made available on electronic communications networks (in particular on the Internet) must not contravene current national and international laws, regulations, charters of practice or ethics. In particular, any content aiming at provocation to crimes and offences, incitement to racial hatred or suicide, apology for crimes against humanity, provocation to the commission of acts of terrorism and their apology, or containing elements of child pornography is strictly prohibited;
• any content of a violent or pornographic nature is strictly prohibited when the content is likely to be accessible to minors.
• The subscriber, by his behaviour and by the data he makes available or obtains using the Service, undertakes not to infringe the rights of third parties, in particular by :
  • the dissemination of data, images or sounds that may constitute defamation, insult, denigration or infringement of privacy, image rights, public decency or public order
• the subscriber must take all necessary precautions to protect their own data and/or software against contamination by any viruses circulating on the Internet and against misuse by third parties of the access made available to them.
• The subscriber undertakes not to intrude or attempt to intrude into third party computer systems.

5.2. The right to access and use the Service granted to the subscriber under the Contract is personal, non-assignable, non-transferable and subject to use strictly in accordance with the provisions of the Contract.

ARTICLE 6. USE OF IDENTIFIERS AND CONFIDENTIAL CODES

6.1. The subscriber is solely responsible for the safekeeping and use of the access identifiers to the Service that Dibotioo will have transmitted to him. The subscriber undertakes to keep his identifiers and purchase code secret and not to disclose them to third parties in any way whatsoever.

6.2. In case of loss or theft or, more generally, misappropriation of the identifiers by third parties, the subscriber agrees to notify Dibotioo, without delay, by providing proof of identity at the following address: support@dibotioo.com mentioning the subscriber’s name, first name and the subscriber’s ID number.

The new IDs will be sent to the subscriber by e-mail. If the subscriber forgets his IDs, he can ask Dibotioo via the Subscriber’s Area to send them to him by e-mail at the address mentioned at the time of subscription.

ARTICLE 7. FINANCIAL CONDITIONS

7.1. Prices
All the prices of the services are listed in the Tariff Brochure, they are mentioned in euros including VAT. The annual fee is payable on the anniversary date of the subscription.

7.2. Billing
The sums owed by the subscriber under the Contract shall be invoiced annually in arrears.
The invoices are sent to the subscriber in electronic form. The subscriber may request them. Each invoice is available on the Subscriber Page for a period of 12 months, except in the event of termination.

7.3. Payment
Dibotioo provides the subscriber with the possibility to pay the Service by direct debit on current account (bank / Paypal or other), by credit card. In case of direct debit, the subscriber must send to Dibotioo the signed “SEPA Direct Debit Mandate”, available in the Subscriber Area.

7.4. Any delay or failure to pay will result in the application of a late payment interest charged to the subscriber according to the terms and conditions specified in the Tariff Brochure.

7.5. The subscriber is invited to regularly consult the Subscriber’s Area to take note of any new messages and information concerning the Service.

7.6. Dibotioo may modify the contractual conditions of the Service. The subscriber will be informed at least 1 month before the changes come into effect. In case of disagreement, the subscriber will have the right to terminate the Contract without penalty and without right to compensation within 4 months after the entry into force of the modifications.

The prices of the Service may be modified in the event of legislative or regulatory changes, for example an increase in VAT. The subscriber will be informed at least 1 month in advance.

ARTICLE 8. COMPETENCE

The T&Cs are governed by Irish law. Any dispute with professional or business subscribers which is not settled amicably shall be subject to the jurisdiction of the courts in Ireland. For other subscribers the legal rules of jurisdiction apply.

ARTICLE 8. DURATION

The Contract is concluded for an indefinite period. Depending on the offer subscribed to, it may provide for an initial commitment period of 12 months. The Contract may be terminated at any time at the initiative of the subscriber or Dibotioo under the conditions described in Article 9.

ARTICLE 9. SUSPENSION / TERMINATION

9.1. At the initiative of Dibotioo
Dibotioo reserves the right to suspend the Service by operation of law and without prior notice, in case of :

• serious or repeated breach by the subscriber of its legal or contractual obligations under articles 5.1 to 5.4 and 6.1 ;
  In the event of non-payment of an invoice by the payment deadline indicated on the invoice Dibotioo may, in addition, suspend the Service, after sending an e-mail that has remained without effect for 15 days. Dibotioo may also suspend the Service in case of failure to regularize an incomplete file (proof, signed SEPA Direct Debit mandate) 15 days after Dibotioo has sent an e-mail to this effect.

Once the Service has been suspended and after a formal notice sent to the subscriber has remained without effect for eight days, Dibotioo will be entitled to terminate the Contract with effect from the end of the month during which it was received by the subscriber.

9.2. At the initiative of the subscriber
The subscriber may terminate the Contract at any time – either by registered letter with acknowledgement of receipt sent by the subscriber to Dibotioo, including its request for termination duly signed, excluding any other request for termination of a third party subscription, and including at least its name, first name, subscriber ID number in order to identify and authenticate its request.

The subscriber may obtain all the information required to terminate the Contract by contacting the Support Department. The Contract will be terminated at the subscriber’s discretion within 10 days of the termination request.

Termination at the direct request of the subscriber will result in the termination of the Services, which, in accordance with the regulations in force, will result in inactive access to the platform.

9.3. Termination fees
Dibotioo does not charge any termination fee, regardless of the time of the Subscriber’s request to stop the service.

ARTICLE 10. QUALITY OF SERVICE

10.1. Access activation time: 24 hours after Dibotioo has confirmed the Subscriber’s subscription request.

10.2. Time to restore access: 2 working days from the subscriber’s notification.

10.3 Service restoration time: once the access is functional, the restoration time is as follows from the time of notification: 72

10.4. Quality levels for service provision

• Access quality level depends on the Subscriber’s Internet Service Provider.
• Quality level of the services.
  Availability of the platform: greater than or equal to 97% over the past calendar month;

10.5. Delay in the time taken to put the service into service, interruption or failure to comply with the quality levels shall give rise to a compensation calculated on the amount of the annual subscription on a pro rata basis for the period of delay, interruption or failure to comply with the quality levels.

The compensation will be made in the form of a reimbursement by bank transfer within 15 days of the effective activation of the access, the restoration of the access or of the service(s) concerned, provided that the subscriber has reported the incident and requested compensation. No compensation will be due to the subscriber in the event of force majeure, the act of an irresistible and unforeseeable third party, or the fault of the subscriber.

10.6 Exceptionally, for maintenance or update purposes, Dibotioo may suspend access to all or part of the Services for a consecutive period of 24 hours for reasons such as operations beyond its control performed by the operator of the E-commerce site for maintenance purposes.

10.7 Dibotioo implements traffic management measures to optimize the access of all its subscribers on its platform.

ARTICLE 11. RESPONSIBILITY

11.1. Dibotioo is responsible for the proper performance of its contractual obligations within the framework of its regulatory obligations and the standards in force.

However, Dibotioo shall not be held liable if the non-performance or poor performance of the Contract is attributable either to the subscriber (use not in accordance with the instructions communicated by Dibotioo), or to the unforeseeable and irresistible act of a third party to the Contract, or to a case of force majeure as provided for in article 11.2.

11.2. The parties shall not be held liable, or considered to have failed under the Contract, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure or an act of God usually recognized by jurisprudence. The case of force majeure or fortuitous event suspends the obligations arising from the Contract for the entire duration of its existence.

ARTICLE 12. PERSONAL DATA

As part of the subscription to the services and during the provision of the services, Dibotioo collects some of the subscriber’s personal data directly, or indirectly via the traffic on its site, in order to provide the services.

The subscriber’s personal data collected by Dibotioo is intended for use by Dibotioo, as well as the companies of the group to which Dibotioo belongs.
For statistical purposes, some of the subscriber’s personal data will be used in an anonymized form.

Dibotioo may also use certain personal data to evaluate and improve its services and to develop new ones, as well as to carry out loyalty, canvassing, survey and promotional activities, if necessary with the express consent of the subscriber who can change his choices at any time in his Subscriber Area.

These personal data are kept for the duration of the Contract and/or for the duration necessary for the purposes of the processing to which the subscriber has consented and/or in accordance with the law.

Dibotioo implements all necessary technical and organizational security measures in order to protect the subscriber’s personal data and guarantee their confidentiality.

The subscriber has the right to access, rectify, delete, limit and oppose for legitimate reasons the personal data concerning him/her, as well as the right to portability of his/her personal data via his/her Subscriber Area or by sending an e-mail with proof of his/her identity to: support@dibotioo.com.

The subscriber also has the possibility to define directives relating to the conservation, deletion and communication of his/her personal data after his/her death, which he/she can exercise in the same way.
For more information on the processing of personal data by Dibotioo, we invite you to consult Dibotioo’s Privacy Policy available on our website https www.dibotioo.com

ARTICLE 13. ASSISTANCE / COMPLAINT

13.1. Dibotioo provides subscribers with a support service that can be accessed :

• online at http ://www.dibotioo.com/assistance

Access to this service is included in the offer.

13.2 In case of a complaint, the subscriber can contact :
Subscriber Services. The subscriber shall address his complaint to Dibotioo – Subscriber Service – Forms for this purpose are available at http ://www. Dibotioo.fr/ in order to facilitate the processing of his request. Dibotioo undertakes to provide a response to any dispute or request for refund within 30 working days from the date of receipt of the same.1