Terms of Use

Last updated: June 8, 2026

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Osana (“Company,” “we,” “us,” or “our”), located at Grenoble, 38000, France.

These Terms govern your access to and use of the Osana mobile application, the website at osana.co, and all related services, features, content, and functionality (collectively, the “Services”).

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

1. Our Services

Osana is a food product scanning application that enables users to scan packaged food product barcodes and receive nutritional information, ingredient analysis, additive identification, ultra-processing level assessments (NOVA classification), and health scores rated on a scale of 0 to 100. The Services are designed to provide general informational content about food products based on publicly available data and our proprietary analysis methodology.

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the General Data Protection Regulation (GDPR) as it applies to your situation.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the Osana name, logo, and visual identity (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by French and international copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services
  • Download or print a copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Your Submissions

By submitting any content, data, feedback, suggestions, or other materials to us through the Services (collectively, “Submissions”), you agree that we may use, reproduce, modify, and distribute such Submissions for any purpose without compensation or attribution to you. You represent that you have the right to submit such materials and that they do not violate any third-party rights.

3. User Representations

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update such registration information as necessary
  • You have the legal capacity and you agree to comply with these Terms
  • You are not under the age of 16
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services
  • You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
  • You will not use the Services for any illegal or unauthorized purpose
  • Your use of the Services will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use certain features of the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at contact@osana.co.

5. Purchases and Payment

We accept the following forms of payment through our authorized payment processors:

  • Apple In-App Purchases (via Apple App Store)
  • Google Play In-App Purchases (via Google Play Store)
  • Visa
  • Mastercard
  • American Express

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax or VAT will be added to the price of purchases as deemed required by us or the applicable platform. We may change prices at any time with reasonable notice. All payments shall be in the currency specified at the time of purchase.

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us (or the applicable app store platform) to charge your chosen payment provider for any such amounts upon placing your order. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.

6. Free Trial

We may offer a free trial to new users who register with the Services. The duration of the free trial will be specified at the time of sign-up. Free trial eligibility is limited to one trial per user, per device, or per payment method, at our sole discretion.

At the end of the free trial period, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial period expires. You may cancel at any time during the free trial without being charged.

We reserve the right to modify, suspend, or discontinue the free trial offer at any time without notice. We may also limit free trial availability based on prior usage, device, payment method, or other criteria to prevent abuse of the free trial program.

7. Subscription and Cancellation

Paid subscriptions are billed in advance on a recurring basis (weekly, monthly, or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

You may cancel your subscription at any time through your device's subscription management settings (Apple App Store Settings or Google Play Store subscriptions section). Cancellation takes effect at the end of the current paid billing period. You will continue to have access to paid features until the end of that period.

We do not provide refunds for partial billing periods or unused subscription time. Refunds for App Store or Google Play purchases are governed by the respective platform's refund policies. If you believe you are entitled to a refund, you must contact Apple or Google directly.

We reserve the right to modify subscription pricing with at least 30 days' notice to existing subscribers. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree NOT to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
  • Use any information obtained from the Services in order to harass, abuse, or harm another person
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Use the Services in a manner inconsistent with any applicable laws or regulations
  • Engage in unauthorized framing of or linking to the Services
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Delete the copyright or other proprietary rights notice from any Content
  • Attempt to impersonate another user or person or use the username of another user
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, React, Swift, or other code
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services
  • Use a buying agent or purchasing agent to make purchases on the Services
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise without our express written consent
  • Sell or otherwise transfer your profile
  • Use the Services to advertise or offer to sell goods and services

9. User Generated Contributions

The Services may invite you to participate in features that allow you to create, submit, post, display, transmit, or distribute content and materials to us or through the Services, including but not limited to text, feedback, product reviews, scan data, personal dietary information, and other contributions (collectively, “Contributions”).

Any Contributions you transmit must:

  • Not infringe on any proprietary rights of any third party, including copyright, patent, trademark, trade secret, or moral rights
  • Not violate any applicable law, regulation, or rule
  • Not contain material that is unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, offensive, or objectionable
  • Not ridicule, mock, disparage, intimidate, or discriminate based on race, religion, nationality, gender, sexual orientation, disability, or age
  • Not contain false or misleading information
  • Not include unsolicited promotional content, advertising, or spam
  • Not contain viruses, malicious code, or harmful components

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

11. Third-Party Websites and Content

The Services may contain (or you may be sent via the App or Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

12. Product Information and Third-Party Data Sources

Product information displayed through the Services may be sourced from third-party databases, including but not limited to Open Food Facts (licensed under ODbL v1.0), manufacturer-provided data, and community contributions.

  • We do not guarantee the completeness, accuracy, reliability, or timeliness of any product information, including ingredients, allergens, nutritional values, additives, or NOVA classifications
  • Product formulations, ingredients, labels, and packaging may change without notice from manufacturers
  • Community-sourced databases may contain errors, omissions, outdated information, or inaccuracies
  • Scores, ratings, and classifications generated by Osana are informational indicators based on our proprietary methodology and publicly available data. They do not constitute professional opinions, certifications, or absolute safety determinations

Osana is fully independent from and not affiliated with Open Food Facts, Apple, Google, food manufacturers, brands, retailers, distributors, certification bodies, or regulatory agencies.

13. Health, Medical, and Safety Disclaimer

THIS SECTION CONTAINS CRITICAL LIMITATIONS REGARDING THE NATURE OF THE SERVICES. READ IT CAREFULLY.

  • NOT MEDICAL ADVICE: The Services are provided for general informational and educational purposes only. Nothing provided through the Services constitutes or is intended to constitute medical advice, nutritional counseling, dietary prescriptions, diagnosis, or treatment of any kind.
  • NOT A MEDICAL DEVICE: Osana is not a medical device. It is not registered, certified, or approved as a medical device by any regulatory authority (including but not limited to the ANSM in France, the FDA in the United States, or any equivalent body). It is not intended to diagnose, treat, cure, monitor, or prevent any disease, condition, or health problem.
  • NO SUBSTITUTE FOR PROFESSIONAL ADVICE: The information provided through the Services is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified physician, dietitian, nutritionist, or other healthcare professional with any questions regarding a medical condition, dietary requirements, or nutritional needs. Never disregard professional medical advice or delay seeking it because of information obtained through the Services.
  • ALLERGENS AND INTOLERANCES: The Services may not identify all allergens, cross-contaminants, intolerances, or ingredients present in a product. Product formulations change without notice. ALWAYS read the physical product label and packaging, especially if you have food allergies, intolerances, celiac disease, or any medical condition requiring dietary restrictions. Failure to verify product labels may result in serious injury or death.
  • SCORES ARE INFORMATIONAL ONLY: Health scores, product ratings, additive classifications, and any other assessments are informational indicators only. They do not represent clinical opinions, safety certifications, regulatory approvals, or absolute determinations of a product's suitability for any individual.
  • PREGNANCY, NURSING, AND MEDICAL CONDITIONS: If you are pregnant, nursing, have a medical condition, take medication, or have special dietary needs, you must consult your healthcare provider before making any dietary changes based on information from the Services. The Services are not designed to provide guidance specific to your individual medical situation.
  • CHILDREN AND VULNERABLE POPULATIONS: The Services are not designed to provide nutritional guidance for infants, toddlers, young children, elderly individuals, or persons with specific clinical dietary requirements. Appropriate healthcare professionals must be consulted for such populations.
  • EMERGENCY SITUATIONS: In case of allergic reaction, anaphylaxis, adverse health event, or any medical emergency, call emergency services immediately (15 in France, 112 in Europe, 911 in the US). Do NOT rely on the App in emergency situations.
  • ASSUMPTION OF RISK: You expressly acknowledge and agree that your use of the Services and reliance on any information provided therein is at your sole risk. You assume full responsibility for all dietary and health decisions you make.

14. Services Management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Terms
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
  • In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
  • Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

The Services are hosted in France with infrastructure that may extend to other jurisdictions including the United States. If you access the Services from outside France, please be aware that your information may be transferred to, stored, and processed in jurisdictions where our hosting providers operate. By using the Services, you consent to such transfer and processing in accordance with our Privacy Policy.

16. Term and Termination

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services and delete the App, or contact us at contact@osana.co.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. Governing Law

These Terms shall be governed by and defined following the laws of France. Osana and yourself irrevocably consent that the courts of Grenoble, France shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms, subject to any mandatory consumer-protection provisions that may apply in the country of your habitual residence.

If you are a consumer habitually resident in the European Union, you benefit from any mandatory provisions of consumer protection legislation in your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.

Mediation

If the Parties are unable to resolve a Dispute through informal negotiations, and if you are a consumer in the European Union, you may refer the dispute to a certified consumer mediator in accordance with Articles L.611-1 et seq. of the French Consumer Code. The mediator's details will be provided upon request. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Jurisdiction

For disputes that cannot be resolved through informal negotiations or mediation, the competent courts of Grenoble, France shall have exclusive jurisdiction, except where mandatory law provides otherwise for consumer disputes (in which case the courts of the consumer's domicile may have jurisdiction).

Restrictions

The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through mediation, the Parties each waive any right to a jury trial (to the extent applicable under the relevant jurisdiction).

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • Errors, mistakes, or inaccuracies of content and materials
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services
  • Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  • Any interruption or cessation of transmission to or from the Services
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services
  • Any health consequences, adverse reactions, allergic reactions, or medical events resulting from reliance on information provided through the Services

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

22. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, HEALTH DAMAGES, PERSONAL INJURY, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR ONE HUNDRED EUROS (€100), WHICHEVER IS LESS.

CERTAIN FRENCH AND EU LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN PARTICULAR, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any liability which cannot be excluded or limited under applicable mandatory law
  • Intentional misconduct or gross negligence (faute lourde ou dolosive under French law)

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (6) any health decision, dietary choice, or action you take based on information obtained through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

24. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

26. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or regulations, civil unrest, internet or telecommunications failures, power outages, fire, flood, earthquake, or third-party service provider failures. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

27. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time, including in connection with any merger, acquisition, or sale of assets. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

28. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: