Terms of Use
& Terms of Sale

Rules for using the services (Part A — Terms of Use) and terms of sale (Part B — Terms of Sale) — reserved for professionals.

Last updated: 2026-09-24

How to read this document

This document is organised into four blocks: a common preamble, Part A (Terms of Use), Part B (Terms of Sale) and final common provisions. Each article bears a badge indicating its nature:

Terms of UsePart A — Terms of Use: rules for using the services (GSE-Web, the mobile application and GSE for Excel).

Terms of SalePart B — Terms of Sale: conditions for the sale of subscriptions and hardware, reserved for professionals.

Use + SaleUse + Sale: common provisions, applicable to both sets of terms.

Only the French version of this document is contractually binding; this translation is provided for information purposes only.

1

Purpose and scope

Use + Sale

These general terms govern the use (Part A — Terms of Use) and the sale (Part B — Terms of Sale) of all products and services offered by Frédéric KULAS Sole Proprietor known as KLS-Concept ("the Publisher"), located at 4 chemin du binai, 61300 Crulai (France).

The Customer acknowledges having read these terms and agrees to comply with them. These terms apply without restriction to all commercial transactions concluded on the websites managed by KLS-Concept or by quotation.

The acquisition of goods or a service via www.kls-concept.com, www.gse-web.online or www.gse-web.xlexe.com implies unconditional acceptance of these terms.

These terms shall prevail over any other general or specific terms not expressly approved by KLS-Concept.

Catalogues, brochures and other commercial or technical documents, excluding these general terms, cannot in any case be considered as contractual.

All data provided and the recorded confirmation shall serve as proof of the transaction. The confirmation shall constitute signature and acceptance of the transactions carried out.

The Customer is informed that it is their responsibility to read the general terms during each visit to the websites and that the validation of each order necessarily implies acceptance of the general terms.

The Customer has the option to save or print these general terms.

Confirmation of the order or quotation and the validation by "click" of due reading of these terms entails acceptance of these general terms, recognition of having perfect knowledge of them and waiver of the right to rely on their own purchasing terms or other conditions.

Reserved for professionals: the paid offers (GSE-Web subscriptions and hardware sales) are intended exclusively for professionals acting for the purposes of their business. The Customer declares that they are subscribing in that capacity. The relationship is governed by the French Commercial Code and not by the French Consumer Code: the consumer protection provisions (including the right of withdrawal and recourse to the consumer ombudsman) do not apply. The free GSE for Excel software is subject to a separate user licence accessible on its download page.

2

Definitions

Use + Sale

In this document, the following capitalised terms have the meaning given to them below:

"Publisher" or "KLS-Concept": Frédéric KULAS, Sole Proprietor trading under the commercial name KLS-Concept, 4 chemin du binai, 61300 Crulai (France), SIREN 817 714 660, RCS Alençon.

"Customer": any natural or legal person acting for professional purposes, in the course of their commercial, industrial, craft, liberal or agricultural activity or their public-service mission (educational institutions in particular), who takes out a subscription, places an order or accepts a quotation. The term "Customer" covers the terms "buyer" and "purchaser".

"User": any natural person who uses the Services under the responsibility and on behalf of the Customer (account holder, employee, pupil or teacher under an ÉDUCATION subscription, OMS portal customer, etc.).

"Services": the GSE-Web stock management application (administration website, mobile application and PWA), the OMS ordering portal, the ÉDUCATION module, as well as the associated services (support, specific developments, training).

"Shared Cloud": a hosting model in which the data of several Customers is hosted on shared infrastructure, each Customer's data remaining isolated from the others. "Dedicated Private Cloud": a hosting model reserved for the CORPORATE plan, in which the database, the application and the machine are reserved for a single Customer. The provisions specific to this hosting model are set out in article 30.

"GSE for Excel": the free stock management software running under Microsoft Excel, made available under a separate end-user licence agreement (EULA) accessible on its download page.

"CGU" (Terms of Use): the terms of use of the Services (Part A). "CGV" (Terms of Sale): the terms of sale (Part B). Provisions marked "Use + Sale" apply to both sets of terms.

Part A — Terms of Use (CGU)

Rules for using GSE-Web, the mobile application and GSE for Excel.

3

Software ownership and licence

Terms of Use

The software offered remains the property of the manufacturers. Only one or more user licences have been granted.

The User may not, in any form whatsoever, transfer, license, format, communicate or lend them even free of charge, nor reproduce them except for backup purposes.

The Customer shall maintain, in good condition, the ownership notices on the programs, the user manual and shall ensure the confidentiality of the software.

The Customer shall refrain from modifying, in any way whatsoever, the software and its media. They shall refrain from counterfeiting it, permitting counterfeiting or favouring it.

Regarding the GSE-Web subscription, each user licence is personal (named) and attached to a single User who is a natural person. The login credentials and password are strictly personal and confidential and may under no circumstances be disclosed, shared or transferred to a third party. On an exceptional and temporary basis, access may be entrusted to another person within the organisation in the event of a justified absence of the holder (leave, illness, unforeseen event, departure from the workforce), solely for the purposes of business continuity.

This personal-licence rule does not apply to the accounts of OMS customers (order portal) nor to the accounts of an ÉDUCATION subscription hosted in a Dedicated Private Cloud.

4

Account and security

Terms of Use

Using the GSE-Web Services requires the creation of an online account.

The User is responsible for the accuracy of the information they provide and undertakes to update information concerning them or to notify KLS-Concept without delay of any change affecting their situation.

The User takes all useful measures to maintain the confidentiality of access to their account. In case of fraudulent use of their account, the User undertakes to immediately notify KLS-Concept and to change their access password without delay.

KLS-Concept implements appropriate technical and organisational measures to protect the integrity, confidentiality and security of the hosted data, and performs regular backups of the databases. The Customer remains responsible for the accuracy of the data they enter into the Services and for keeping their own exports (Article 8).

5

Financial terms and GSE-Web plans

Terms of Use

Subscribing to the GSE-Web Services constitutes the Customer's commitment to pay the price corresponding to the selected services and to their country of residence.

The prices displayed on the site are exclusive of tax. VAT and any additional charges are applied to the invoice depending on the Customer's country of residence.

The invoicing arrangements, the payment due date and the consequences of late payment (including suspension of access to the Services) are set out in Part B, Articles 15 and 19.

GSE-Web plan details

Important: only the prices published on the home page are authoritative and reflect the current pricing schedule. The schedule below is provided for information only and may change without notice.

PRO

Current price: see home page

ÉQUIPE

Current price: see home page

ENTREPRISE

Current price: see home page

CORPORATE

Current price: see home page

Large Account subscription — custom quote — contact us.

ÉDUCATION subscription (educational institutions): preferential pricing on quotation — see the GSE-Web Éducation page.

Dedicated Private Cloud options (CORPORATE plan): single sign-on (SSO), the Customer's own domain name, custom connectors, white labelling. These options are not included in the subscription and are subject to a separate quotation — see article 30.1.

6

Withdrawal and "Adopted or Refunded" guarantee

Terms of Use

The GSE-Web subscription is reserved for professionals subscribing for the purposes of their business (see our plans), by means of a contract concluded exclusively at a distance. The right of withdrawal under the French Consumer Code — reserved for consumers and for contracts concluded away from business premises — therefore does not apply. As the professional Customer also has the option of testing the mobile application and the GSE-Web administration website beforehand, performance of the service begins, with their consent, from the first day of use.

Consequently, no request for cancellation, withdrawal or refund will be accepted, subject to the "Adopted or Refunded" guarantee defined below.

All GSE-Web plans on shared servers are without commitment. The Customer may at any time cancel the next payment via their "Manage my account" area.

A 2-month notice before the next billing date is required for the CORPORATE plan (dedicated server).

"Adopted or Refunded" Guarantee

GSE-Web offers an optional "Adopted or Refunded" guarantee, subject to the following conditions and which may be suspended, modified or withdrawn at any time, without notice.

  • •Team of at least 3 users — the guarantee applies to ÉQUIPE, ENTREPRISE and ÉDUCATION subscriptions with at least 3 active users.
  • •1 month to test — if after 30 days of use your team has not adopted the tool, KLS-Concept refunds the subscription in full.
  • •Full refund — no withholding, no hidden fees. A request sent to contact@kls-concept.com is sufficient.
  • •Minimum usage conditions — offer valid for any new subscription with a minimum of 2 stock entries and 2 stock exits per day and per user, over at least 10 working days. The refund request must be made within 30 days of account activation.

KLS-Concept reserves the right to modify, suspend or remove this guarantee at any time and without notice, for new subscriptions only. Any subscription in progress retains the benefit of the guarantee as in force on the day it was taken out.

Right to delete the account

A User may at any time request the deletion of their GSE-Web account. All data will be automatically deleted; no backup can be recovered.

They can directly delete their account via the "Manage my account" menu. Only the person who opened the account can delete the account via this menu.

7

Usage limits and prohibitions

Terms of Use

All features described as "unlimited" are understood under normal conditions of use.

Any abuse will result in immediate closure of the account without notice and without refund.

The use of the Services resulting from the subscription is strictly personal and cannot be rented, transferred free of charge or for consideration to a third party.

Any use likely to damage, disable, overload the KLS-Concept infrastructure or hinder the enjoyment of the service by other users is prohibited.

In case of non-compliance, KLS-Concept reserves the right to immediately block access and delete all account information without notice and without refund.

8

Data export and reversibility

Terms of Use

The Customer may, at any time, export their business data (products, stock and stock movements) from their administrator account, in a usable format. KLS-Concept thus facilitates the reversibility and recovery of the Customer's data.

The export archive includes business data together with the files and photographs attached to it (product images, attached documents). It is the Customer's responsibility to keep the archive obtained and to check its contents: KLS-Concept cannot be held liable for the loss of data that the Customer has not exported, or whose archive the Customer has not kept.

The archive is made available to the Customer for seven (7) days from the time it is generated, after which it is deleted. The Customer may request a new one at any time, up to one per day.

In the event of subscription end (termination or non-renewal), the Customer's business data is retained for ninety (90) days from the expiry date, to enable the Customer to exercise the export option provided for in this article. At the end of this period, it may be permanently deleted under the conditions set out in the privacy policy and the DPA.

Furthermore, with regard to GSE-Web, the owner of the organisational account may at any time delete their entire database themselves from their account. This deletion is immediate, permanent and irreversible: no data or backup can then be recovered or returned, and KLS-Concept cannot be held liable in this respect.

9

Specific developments

Terms of Use

The Customer may order specific developments or features. Any request of this kind is the subject of a separate quotation and commercial proposal, specifying the scope, the price and the applicable special conditions; these documents prevail, for the development concerned, over these terms.

Unless otherwise agreed in writing, the developments and features produced, including where they are funded by a Customer, remain the exclusive intellectual property of KLS-Concept. KLS-Concept reserves the right to integrate them into its offer and to make them available to its other customers, with or without additional cost, without any exclusivity being claimed by the commissioning Customer.

10

Use of the GSE-Web internal messaging

Terms of Use

GSE-Web provides an internal messaging service. This is exclusively reserved for professional exchanges related to the account's activity (tracking of operations, team coordination, processing of orders and stock movements, etc.).

The User is expressly informed that the messages exchanged via this messaging service are in no way private: they may be viewed, retained and processed by KLS-Concept and its developers, in particular for support, maintenance, security and proper operation of the service. Consequently, the User shall refrain from including any sensitive personal data, any confidential or private information, as well as any element unrelated to their professional activity.

Any use for personal purposes is strictly prohibited, as is any unlawful, defamatory, insulting, hateful, discriminatory, harassing content or content contrary to public order and morality. In the event of a breach, KLS-Concept reserves the right to moderate or delete the messages concerned and, where applicable, to suspend or terminate access to the account, without notice or refund and without prejudice to any action.

11

Processing of business data — GDPR processing (Article 28)

Terms of Use

When hosting the Customer's business data (products, stock, stock movements, the accounts of the Customer's own users, etc.), KLS-Concept acts as a processor within the meaning of article 28 of the GDPR, the Customer remaining the controller of that data.

The databases are hosted in France, with a professional hosting provider established in the European Union. They are backed up daily, and all backups are kept within the European Union. For Customers in a Dedicated Private Cloud, the location of the instance is stated in the technical sheet referred to in article 30.2.

KLS-Concept implements appropriate technical and organisational measures to ensure the security of this data and processes it only on the Customer's instructions, solely for the purposes of the service. At the end of the subscription, the business data can be returned by the Customer using the export function, then deleted under the conditions set out in the privacy policy. A data processing agreement (DPA) detailing these commitments can be consulted on our dedicated page; a signed version, in the Customer's name, is available on request at contact@kls-concept.com.

12

Ownership and use – GSE for Excel

Terms of Use

Prerequisites

  • Windows operating system required (incompatible with MacOS)
  • Microsoft Excel 2010 minimum (2013 recommended)
  • The online version of Excel cannot be used
  • Activation of VBA macros required

KLS-Concept will not provide any assistance on the use or installation of the Microsoft Excel software.

KLS-Concept will not provide any assistance and cannot be held responsible in the event of problems if the Customer uses a version other than the one downloaded from their customer area on www.kls-concept.com.

GSE for Excel is free software: its provision does not constitute a sale and does not fall under Part B. Its use is governed by the separate end-user licence agreement (EULA) accessible on its download page, which prevails over these terms for this software.

13

Support

Terms of Use

Support channels

Shared Cloud: support exclusively by email at assistance@kls-concept.com.

Dedicated Private Cloud: personalised support per customer account, by all available means (email, chat, phone, remote control).

GSE for Excel: support only via the dedicated Community Forum on www.kls-concept.com.

Support is valid immediately after payment and subscribed for an unlimited duration as long as the GSE-Web software is operated by KLS-Concept and the Customer is up to date with their subscription.

Personalised support (ENTREPRISE and CORPORATE plans)

Support includes

Help provided within 48 hours maximum, after notification by email or phone. Support entirely paperless.

Support does not include

  • • Network, hardware, system issues
  • • Microsoft Excel-related issues
  • • Antivirus and firewalls
  • • Compatibility with hardware not supplied

KLS-Concept does not guarantee data recovery if the database has been erased or corrupted. It is the User's responsibility to carry out regular backups.

Support does not in any way guarantee the resolution of the problems encountered.

The User authorises KLS-Concept to use all useful means (Teams, remote desktop, etc.) to help resolve the problem.

Part B — Terms of Sale (CGV)

Conditions for the sale of subscriptions, services and hardware — reserved for professionals.

14

Product information

Terms of Sale

The websites www.kls-concept.com, www.gse-web.online and www.gse-web.xlexe.com present the products, plans and services sold with the necessary characteristics enabling the potential Customer to know, before final order, the essential characteristics of the products, plans and services they wish to purchase.

A demo site is available, offering all the main features of the plans.

The Customer must first ensure that the product is suitable for the intended use.

KLS-Concept provides no warranty as to the ability of the hardware, plans or services to achieve what the Customer has set for themselves.

15

Order and payment

Terms of Sale

For an online order paid immediately by bank card, full payment is made at the time of order.

In all other cases and whatever the method of subscription — subscription taken out via the website or a payment link sent by email and giving rise to invoicing, accepted quotation or order via Chorus Pro for public institutions — invoices are payable within thirty (30) days of the invoice date, under the conditions of Article 19.

Opening access to the Services before receipt of payment constitutes a facility granted to the Customer; it does not amount to free provision or a waiver of payment of the sums due, which remain payable under the conditions above.

A deposit of 20% of the total amount is required after acceptance of the quotation, before any service is performed. This deposit must be paid by bank transfer or online bank card.

KLS-Concept reserves the right to require payment by bank transfer or bank cheque if the order amount exceeds €500. Furthermore, if the Customer is not clearly identifiable, KLS-Concept may require the sending of a Kbis extract as well as payment by bank or postal transfer.

KLS-Concept reserves the right to refuse to make a delivery or to honour an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

For payments by cheque, the equipment is shipped after verification of payment by the financial service.

16

Prices

Terms of Sale

The prices indicated on the site do not constitute an offer but are given for information purposes. These prices are NET and excluding VAT.

Unless otherwise stated, prices are exclusive of transport costs. Shipping costs may be charged in addition depending on the nature and destination of the order; their amount is then indicated on the quotation or purchase order before validation. Prices may be modified without notice until the date of receipt of the order together with payment.

In the event of a pricing error, the Customer will be notified by phone or email of the possibility of cancelling their order.

NB: The delivery price never includes any customs duties payable outside metropolitan France and the EU.

Price revision during the subscription

Subscription prices are set according to the Customer's declared or observed usage (number of users and, where applicable, data and activity volumes, according to the thresholds published in the price list in force). Where that usage durably exceeds what the subscribed plan covers, KLS-Concept may revise the price under the following conditions:

  • •the excess is observed over two consecutive monthly readings; a one-off excess gives rise to no revision;
  • •the Customer is notified in writing, with the reading attached;
  • •the revision takes effect upon expiry of a thirty (30) day notice period, pro rata to the current subscription period;
  • •during that notice period, a Customer who brings usage back below the plan threshold is not affected by the revision;
  • •a Customer who refuses the revision may terminate the subscription without penalty on the effective date, with amounts paid in advance for the unexpired period refunded pro rata.

Conversely, the replacement, migration or resizing of infrastructure decided by KLS-Concept — end of life of hardware, security upgrade, change of supplier — gives rise to no revision of the Customer's price. Sizing the infrastructure is a means for which KLS-Concept is responsible.

KLS-Concept takes monthly readings of the usage indicators of each subscription. These readings are provided to the Customer on request, and systematically in support of a revision.

Annual revision of the price list

KLS-Concept may revise its price list once a year, in particular to pass on changes in the cost of its infrastructure suppliers. Such a revision is notified to the Customer at least two (2) months before the subscription falls due and applies only upon renewal, never during a current period. A Customer who does not accept it may choose not to renew.

17

Availability and delivery times

Terms of Sale

The majority of products are in stock and can be delivered quickly. However, delivery times are not contractual.

No refund, even partial, may be claimed following a delay that is not attributable to gross or intentional misconduct by KLS-Concept, or to a case of force majeure.

In the event of stock-out or a delay of more than two weeks, the Customer will be contacted very quickly by phone or email and may, if desired, cancel their order.

The online sale of hardware products is reserved for buyers residing in France or Monaco and for deliveries required in these geographical areas. For any order outside France, a quotation must be drawn up before any purchase.

Deliveries are made to the address indicated on the purchase order. It is the Customer's responsibility to verify the accuracy of the delivery address.

The risks are borne by the Customer from the moment the products have left the KLS-Concept premises.

In case of delivery error and/or non-conformity in nature or quality of the products compared to the indications on the purchase order, the Customer must issue a reasoned complaint to KLS-Concept within 48 working hours of receipt of the delivery.

Note: sales are reserved for professionals and concluded exclusively at a distance — the right of withdrawal under the French Consumer Code does not apply (see Article 6).

18

Retention of title clause and transfer of risk

Terms of Sale

The goods sold remain the property of the seller until full payment of their price in principal and interest.

However, the transfer of risk taking place at the time of pick-up of the delivery, the Customer shall, if necessary, turn to the carrier in the event of an anomaly.

In addition, the Customer undertakes to take all necessary care for the custody and conservation of the products as well as to take out any useful insurance.

The Customer also undertakes not to resell the goods concerned before their full payment.

Finally, the Customer undertakes to immediately notify of any seizure that may be made on behalf of a third party.

19

Late payment, suspension of service and data retention

Terms of Sale

Unless otherwise agreed in writing by the Publisher before subscription, invoices are payable within thirty (30) days of the invoice date. Any request for different payment terms must be the subject of the prior written agreement of the Publisher; failing a written agreement, the payment conditions provided for in these terms remain applicable.

Any late payment shall automatically give rise, without any reminder or formal notice being required, to late-payment penalties calculated at three times the legal interest rate, from the day following the due date shown on the invoice.

In accordance with Article L. 441-10 of the French Commercial Code, a fixed indemnity of €40 for recovery costs shall also be due for each invoice paid late. Where the recovery costs incurred exceed this indemnity, KLS-Concept reserves the right to claim additional compensation upon presentation of supporting documents.

In the event of partial payment, the sums paid shall be applied first to recovery costs, then to late-payment penalties and then to the oldest claims.

As long as the sums due have not been paid in full, KLS-Concept may suspend the performance of ongoing services or refuse any new order.

In the event of non-payment when due, the Publisher reserves the right, after a formal notice that has remained without effect for a period of eight (8) days, to suspend all or part of the access to the Services until full payment of the sums due, without this suspension giving rise to any compensation or to the postponement of the subscription due date. The Publisher may also, by right and without judicial formality, rescind the sale and require the return of the products delivered under the retention of title, without prejudice to any damages.

In the event of suspension of the service for non-payment, the Customer's data is retained for ninety (90) days from the date of suspension. At the end of this period, and in the absence of full settlement, it may be permanently deleted, without the Publisher's liability being engaged. The retention and deletion arrangements are detailed in the privacy policy and the DPA.

20

Hardware Warranty

Terms of Sale

New Hardware

Contractual warranty of 1 year minimum (except cables/power supplies: 1 month), in metropolitan France. Some hardware is warranted directly on-site by the manufacturer for up to 3 years.

Used Hardware

Contractual warranty of 3 months maximum (except cables/power supplies: 1 month), in metropolitan France. The return of the equipment remains the exclusive responsibility of the user.

Consumables are not covered by the warranty. KLS-Concept cannot be held responsible for any consequences on operations, persons or loss of data. The Customer shall ensure that the necessary backups are made.

21

Warranty returns

Terms of Sale

We cannot be held responsible for the repair times allotted by manufacturers in the context of a warranty return and no substitute equipment will be lent during this period of immobilisation.

For equipment out of warranty, a repair quote will be offered to the Customer.

The repair will be carried out after full payment of the quote. Shipping costs remain the responsibility of the Customer (except for defect upon unpacking in metropolitan France).

22

Defect upon unpacking and commercial buy-back

Terms of Sale

The product must not have been used and must retain its new appearance. It must be returned, within 5 days, in its original packaging together with all its accessories and manuals.

The return number (RMAT) must appear clearly on the parcel.

In the event of return without prior agreement or in the event of a dispute, the Customer may retrieve the item at their own expense.

A contribution to administrative and handling fees of 30% with a minimum of €15 excl. VAT will be invoiced in the event of a buy-back due to an order error.

NB: No buy-back on specific orders (products usually not stocked).

23

Warranty cancellation

Terms of Sale

The contractual warranty shall be cancelled in the event of opening of the equipment concerned, in the event of use in abnormal conditions (drop, humidity, dust, heat, cold, voltage error, mishandling, risk environment, unlicensed software or software indicated as incompatible) or in the event of electrical problems on the customer's network.

The Customer undertakes to ensure the conformity of their electrical connections and to always interpose a system against lightning and surges.

In the case of a refused warranty repair, the Customer will receive a quote for the shipping costs for the return. In the absence of a response after a period of 12 months, the equipment will be destroyed or will remain the property of KLS-Concept.

The warranty automatically ceases if the Customer has not fulfilled their contractual payment obligations.

24

Claims / Returns / Refunds

Terms of Sale

In case of non-conformity of the ordered items, the Customer must notify KLS-Concept within three days of receipt of the order.

No return or cancellation will be accepted on an order of products adapted to the Customer's needs.

Returns will only be accepted after prior written agreement from customer service. The Customer must return the products carriage paid, with tracking, in their original packaging, together with the invoice and the return number (RMAT).

In the event of return, the Customer benefits from a credit note (excluding shipping costs) provided that the products are intact. A retention of 20% minimum will be applied for reconditioning. Validity of credit notes: 6 months.

Digital products

In accordance with Article 6, as sales are reserved for professionals and concluded exclusively at a distance, no right of withdrawal applies. Furthermore, with regard to digital content supplied on an intangible medium whose performance has begun, no withdrawal would in any event be applicable.

Consequently, no request for cancellation, withdrawal or refund will be accepted.

Common provisions

Stipulations applicable to the entire document (Parts A and B).

25

Duration – Termination

Use + Sale

This Contract is concluded for an indefinite period.

It may be terminated at any time by the Customer from their personal account.

In the event of termination by the Customer, the sums paid for the current subscription period remain due to KLS-Concept; termination takes effect at the end of the period already paid for, without any pro-rata refund.

For subscriptions in a Dedicated Private Cloud (CORPORATE plan), the subscription period is annual and is tacitly renewed for successive twelve (12)-month periods. A Customer who does not wish to renew shall notify KLS-Concept in writing of the termination with two (2) months' notice before the end of the current subscription year; failing this, the subscription is renewed for a further twelve (12)-month period. Termination takes effect at the end of the current subscription year and gives rise to no refund of amounts paid for that period, subject to the case of refusal of a price revision provided for in article 16.

In the event of non-compliance by the Customer or the User with these general terms, the privacy policies of KLS-Concept or any applicable legal or regulatory provision or provision resulting from an applicable international convention, KLS-Concept reserves the right to terminate the Contract without notice.

26

Force Majeure

Use + Sale

The liability of the parties may not be invoked if the non-performance or delay in performing one of its obligations results from a case of force majeure.

Force majeure means any external, irresistible and unforeseeable event preventing one of the parties from performing its obligations or making the performance of these excessively burdensome, according to the interpretation by case law of French jurisdictions.

The following shall expressly be considered as cases of force majeure:

Political and social events

  • •Wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism
  • •Total or partial strikes, internal or external
  • •Lock-out, blockages of means of transport or supply

Natural events

  • •Natural disasters (fires, storms, floods, water damage)

Legal and administrative events

  • •Governmental or legal restrictions
  • •Legal or regulatory changes
  • •Suspension, cancellation, revocation of authorisation

Technological events

  • •Network interruptions, computer failures
  • •Telecommunications blockages, external attacks
  • •Power outages of more than 48 hours

The Customer shall notify KLS-Concept of the occurrence of any case of force majeure by registered letter with acknowledgement of receipt. Given the very nature of a force majeure event, which may affect its own means of communication, KLS-Concept shall for its part inform the Customer by any appropriate means (in particular by email or by publication on its websites).

27

Limitation of liability

Use + Sale

KLS-Concept is bound by an obligation of means and exercises reasonable diligence to ensure the accessibility and proper functioning of the service. However, KLS-Concept makes no service-level commitment (SLA) and no guaranteed availability rate: the service may be temporarily suspended for maintenance, updates, technical incident or force majeure, without its liability being engaged on that account.

Any compensation due by KLS-Concept may not exceed the price paid by the Customer in consideration of the Service(s) at the origin of said liability.

In no event does KLS-Concept guarantee the Customer the expected economic, image or information benefits.

KLS-Concept cannot be held responsible in the following cases:

  • •Damage caused by the introduction of a virus, by any means whatsoever
  • •Financial consequences linked to incorrect handling of software
  • •Design defect (or bug) of sold software
28

Miscellaneous provisions

Use + Sale

Partial invalidity

Should any of the provisions of these terms be declared null and void or unenforceable under a rule of law or a final court decision, the other provisions shall retain their full force and scope. The provision concerned shall be replaced by a valid provision with equivalent economic effect.

No waiver

The fact that one of the parties does not, at a given time, invoke a breach by the other party of any of its obligations shall not be construed as a waiver of the right to invoke it subsequently.

Evidence agreement

The records, connection logs and computer records kept in KLS-Concept's information systems under reasonable security conditions shall be authoritative between the parties and admissible as evidence, unless the Customer provides proof to the contrary.

Modification of the terms

KLS-Concept may modify these terms, its privacy policies and its offer, in particular in order to improve its services or to comply with regulations. The Customer is informed by email and/or by publication on the website www.kls-concept.com, the update date appearing at the top of this document.

Continued use of the Services after the new terms come into force constitutes acceptance thereof. A Customer who refuses the new terms may terminate their subscription under the conditions of Article 25.

29

Governing law and jurisdiction

Use + Sale

The Contract is governed solely by French law.

Any dispute between the Parties arising from the validity, interpretation and/or execution, termination, breach of the Contract shall be submitted by the most diligent Party to the Commercial Court of Alençon, including in the event of summary proceedings, warranty appeal and/or multiple defendants.

30

Dedicated Private Cloud (CORPORATE plan)

Use + Sale

This article applies solely to subscriptions taken out in a Dedicated Private Cloud. It supplements articles 1 to 29, which remain applicable; in the event of conflict, this article prevails for such subscriptions.

30.1 — What is provided

The Customer has an instance reserved for it: its database, the application serving it and the machine hosting them are shared with no other Customer. Also included: a dedicated sub-domain, customisation of the login page logo, unlimited access to the SRM module, and a daily backup of the instance.

Options — single sign-on (SSO), the Customer's own domain name, custom connectors, white labelling — are not included in the subscription and are subject to a separate quotation, under the terms of article 9.

Mobile applications published on app stores (App Store, Google Play) are distributed under the GSE-Web identity, including for a Customer in a Dedicated Private Cloud. Publishing applications under the Customer's own identity requires separate versions, subject to the rules of those stores; it is subject to a specific quotation and is in no case included in the subscription.

30.2 — Sizing of the instance

The instance is sized by KLS-Concept according to the Customer's usage, and resized on its own initiative as that usage evolves. The hardware characteristics of the instance (processor, memory, storage) do not form part of the contract and may be changed at any time, provided the service rendered to the Customer is not diminished.

A technical sheet stating the configuration in force is provided to the Customer on request, for information purposes. Price changes linked to usage are governed by article 16.

30.3 — What is not guaranteed

The Dedicated Private Cloud carries no service level agreement (SLA), no guaranteed availability rate and no quantified performance commitment — response time, throughput, recovery or restoration time. Article 27 remains fully applicable. Any quantified commitment would be the subject of a separate service agreement, taken out separately.

30.4 — Maintenance, migration and changes

KLS-Concept may at any time carry out maintenance, update, migration or resizing operations on the instance. Planned interruptions are announced to the Customer within a reasonable time and do not constitute a breach of this contract. Unplanned interruptions are governed by article 27.

30.5 — Software version

A single version of GSE-Web is maintained in production for all Customers. The Customer may not require an earlier version to be kept on its instance, nor its updates to be frozen. Postponing an update by a few days, to accommodate an operational constraint of the Customer, may be agreed on a case-by-case basis.

30.6 — Customer technical access

The Customer and the providers it appoints access the instance data by the following means: the documented REST API, using a service token with limited scope, revocable and logged; the export function provided for in article 8; the MCP server; a service status page, free of business data.

Direct access to the database is open to no one, including the Customer holding the instance. This restriction protects data integrity and the separation between organisations; it does not hinder portability, which is ensured by the means listed above.

Offer available on the App Store and Google Play

A PRO offer, reserved for individual use, is available directly within the GSE-Web mobile app, as an in-app purchase from Apple (App Store) or Google (Google Play). This offer is distinct from the plans described in article 5, subscribed to from our website by professional organisations.

Free trial

Creating an account from the app opens a 7-day free trial period, with no commitment and no charge.

Launch price

During the trial period, a launch price is offered and remains guaranteed for as long as the subscription stays active without interruption. It is lost upon cancellation: any subscription taken out again afterwards is offered at the standard price then in force.

Standard price

At the end of the trial period, if no launch price applies, the annual subscription is offered at the standard price shown in the app and in the store at the time of purchase. In line with the regulations applicable to price-reduction claims, no crossed-out reference price is shown until it has actually been charged.

Renewal, cancellation and refunds

The subscription renews automatically at its annual due date, unless cancelled by the User. Purchase, renewal, cancellation, refunds and the right of withdrawal are governed exclusively by the terms of Apple or Google, the official sellers of this offer: the invoice, applicable VAT and customer service relating to the purchase are handled by the store concerned. Cancellation is done from the subscription settings of the device (App Store or Google Play), not from the GSE-Web app nor with KLS-Concept.

End of trial without a subscription

Without an active subscription at the end of the trial period, the account switches to read-only for one month; two reminder e-mails are sent to the account holder during this period. In the absence of a subscription, the account and its associated data are deleted at the end of this period, under the conditions described on the dedicated page: Account and data deletion.

Individual use

This offer is reserved for individual use (a single user). It does not allow inviting other users, nor combining it with another plan.

Confidentiality of collected data

KLS-Concept has implemented dedicated resources to securely store the personal information collected in order to prevent loss, alteration or hacking. Storage systems are only accessible by a limited number of authorised persons.

Access to personal data

In accordance with Regulation (EU) 2016/679 (GDPR) and French Act No. 78-17 of 6 January 1978 as amended on information technology, files and freedoms, you have the right to access, rectify, erase, restrict, object to and port your personal data. The processing arrangements, retention periods and the list of sub-processors are detailed in our privacy policy. You may also lodge a complaint with the CNIL.

If you wish to have your personal data modified, corrected or deleted, please send your request by mail to:

Frédéric KULAS EI - KLS-Concept

4 chemin du binai

61300 Crulai (France)

SIREN 817 714 660 RCS 817 714 660 R.C.S. Alençon TVA FR24 817714660 INSURANCE Hiscox - RCP300007518
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