Terms of Use

1. Purpose

DRUANTIA (hereinafter: "DRUANTIA") operates an application that measures the environmental footprint of consumer products based on the life-cycle assessment method (hereinafter: the "Application"). 

These general terms and conditions (hereinafter: the "General Terms") apply without restriction or reservation to the terms and conditions for using the services offered by DRUANTIA (hereinafter: the "Services"). Their purpose is to define the terms and conditions for providing services for the benefit of the client identified in the quote(s) referred to in Article 2 (hereinafter: the "Client"). 

Together with the quote(s) (hereinafter: the "Quote"), they form an inseparable contractual package (hereinafter: the "Contract"). 

In case of contradiction, the provisions of the Quote(s) prevail over these General Terms. In case of contradiction between different Quotes, the most recent document prevails over older ones. 

The Contract prevails over any other general or specific terms not expressly approved by DRUANTIA.

2. Operator of the Application and Services, contact

The Application and Services are operated by DRUANTIA, a simplified joint-stock company registered with the Paris Trade and Companies Register under no. 920627312, with its registered office at 15 rue des Halles - 75001 Paris. DRUANTIA can be contacted at the following address: 15 rue des Halles - 75001 Paris.

3. Access to the Application and Services

3.1 Legal capacity

The Application and Services are accessible to:

Any natural person with full legal capacity to be bound by these General Terms. A natural person who does not have full legal capacity may only access the Solution and Services with the consent of their legal representative.

Any legal entity acting through a natural person with legal capacity to contract in the name and on behalf of that legal entity.

3.2 Solution and Services intended for professionals

The Application and Services are intended exclusively for professionals, understood as any natural or legal person carrying out paid activity on a non-occasional basis in any sector of industry and commerce.

4. Ordering Services and acceptance of the General Terms

Before any performance of the Services, the Client must provide DRUANTIA with useful information and documents enabling DRUANTIA to identify its needs and expectations. On this basis, DRUANTIA will issue one or more Quotes.

Unless otherwise stated, a Quote issued by DRUANTIA is valid for one month from its issue date. Failing validation by the Client within this period, it becomes void. A Client wishing to order Services must validate the relevant Quote within the above period, by any useful written means, including email. This validation may, where applicable, be followed by issuance of a purchase order by the Client, although such purchase order has no effect on the Contract as defined above.

Any validation of a Quote, express or implied, entails full and complete acceptance of these General Terms, in their version in force on the date of the relevant Quote. Any conditional acceptance is deemed null and void. A Client who does not accept being bound by these General Terms must not order Services from DRUANTIA.

In case of modification of the initial Services or a new order, a new Quote is issued. The provisions of this new Quote prevail over those of the previous Quote. Unless otherwise indicated in the new Quote, commitment periods remain identical to those of the first Quote.

5. Access to the Services

DRUANTIA opens an account in the Client's name, allowing the Client to manage its use of the Services via the Application (hereinafter: the "Client Account").

The Client must select the users with access to the Application (hereinafter: the "Users"), within the maximum number provided in the Quote; designate, among them, the one(s) in charge of administering the Application (hereinafter: the "Administrators"); and provide DRUANTIA with a list containing the names and email addresses of Administrators and Users so that the Provider can open an account in each of their names (hereinafter: the "User Accounts").

The Client is solely responsible for ensuring that Users keep their login credentials and/or passwords confidential.

The Client undertakes to ensure that Users do not allow any third party to use their credentials in their place or on their behalf, failing which the Client bears full responsibility. The Client expressly acknowledges that any use of the Application with these credentials is deemed to have been carried out by the corresponding Users.

The Client undertakes to contact DRUANTIA without delay, by any useful written means and in particular by email, if it appears that a User Account has been used without that User's knowledge.

Once User Accounts are opened, Users have access to a personal space allowing them to manage their use of the Application and Services.

6. Services

6.1 Description of the Services

The Services subscribed to by the Client are indicated in the corresponding Quote.

6.2 Hosting of the Application

DRUANTIA undertakes, under a best-efforts obligation, to host Accounts and any content published by the Client on its Account in accordance with industry practice and the state of the art, on its own servers or through a professional hosting provider operating in accordance with industry practice and the state of the art.

In this context, DRUANTIA undertakes to provide the Client with sufficient storage and processing capacity within the framework of the Services, in accordance with industry practice and the state of the art.

DRUANTIA undertakes to implement all technical means, consistent with the state of the art, necessary to ensure security of and access to the Services, including protection and monitoring of infrastructure, control of physical and/or logical access to said infrastructure, and implementation of detection, prevention, and recovery measures to protect servers from malicious acts.

DRUANTIA also undertakes to take all useful precautions, in view of the nature of the data and the risks presented by automated data processing implemented for the purposes of the Services, to preserve data security and in particular prevent data from being altered, damaged, or accessed by unauthorized third parties.

6.3 Technical support

DRUANTIA offers the Client technical support accessible by email at: contact@holis.earth, enabling the Client to report any difficulty encountered when using the Services.

6.4 Other Services

DRUANTIA reserves the right to offer any other Service it deems useful, in a form and with features and technical means it considers most appropriate for delivering said Services.

7. Financial terms

7.1 Price of the Services

Service prices are indicated in the Quote.

They are expressed in euros, excluding French taxes.

DRUANTIA reserves the right, at its sole discretion and according to terms determined solely by it, to offer promotional offers or price reductions.

During its subscription period, the Client may at any time express its intention to increase its use of the Application. The Parties will agree on issuing a new Quote for this purpose.

7.2 Payment terms

DRUANTIA will send an invoice to the Client, by any means deemed appropriate, on the due date for payment of the price.

Payment terms will be set out in the Quote.

The Client guarantees that it has the necessary authorizations to make payment of the price.

7.3 Late and default payment

The Client is informed and expressly accepts that any late payment of all or part of any sum due on its due date will automatically, without prior formal notice, result in DRUANTIA charging late-payment interest at a rate of three (3) times the legal interest rate, calculated on the full amount of sums due by the Client, plus a fixed indemnity of forty (40) euros for collection costs.

Furthermore, in the absence of payment of a sum due on its due date within 15 (fifteen) calendar days following the Client's receipt of a formal notice sent by registered letter with acknowledgment of receipt and remaining without effect, DRUANTIA reserves the right to suspend the Services and access to the Application, require immediate payment of all sums due by the Client, and terminate this Contract under the conditions provided in the article "Sanctions for breaches".

8. Term of the Services and unsubscribing

The Services are subscribed to in the form of a subscription (hereinafter: the "Subscription").

The Subscription starts on the first billing day for the term subscribed to by the Client and as indicated in the Quote (hereinafter: the "Initial Period").

At the end of the Initial Period, the Subscription is tacitly renewed unless terminated by DRUANTIA or by the Client no later than 1 (one) month before the end of the Initial Period.

If the Subscription is renewed at the end of the Initial Period, it is renewed for successive periods of one (1) year, unless terminated by the Client or by DRUANTIA no later than 1 (one) month before the end of the renewal period.

In all cases, termination of the Subscription is made by email and takes effect at the end of the subscription period during which the request is sent.

9. Evidence agreement

The Client expressly acknowledges and accepts:

- that data collected on the Application and DRUANTIA's IT equipment is proof of the reality of operations carried out under these terms,

- that this data constitutes the principal mode of evidence admissible between the parties.

10. Client obligations and liability

Without prejudice to other obligations set out in these General Terms, the Client undertakes to comply with the following obligations:

In using the Services, the Client undertakes to comply with the General Terms as well as applicable laws and regulations, and not to infringe third-party rights or public order. The Client is solely responsible for its use of the Application and Services.

The Client undertakes to provide DRUANTIA with all information necessary for proper performance of the Services. More generally, the Client undertakes to cooperate actively with DRUANTIA for proper performance of these General Terms.

The Client is solely responsible for documents, items, data, information, and any content it provides to DRUANTIA in connection with use of the Services. The Client guarantees that it is authorized to provide these elements and has all rights and authorizations necessary for their use within the Services.

The Client acknowledges having read and understood the Application and its features. The Client accordingly acknowledges that the Services are based on predictions and that such predictions may continually vary. DRUANTIA cannot under any circumstances be held liable in this respect.

The Client undertakes to make strictly personal use of the Services. Consequently, it is prohibited from assigning, granting, or transferring all or part of its rights or obligations under these terms to a third party, in any manner whatsoever.

11. Client warranty

The Client guarantees DRUANTIA against all complaints, claims, actions and/or demands that DRUANTIA may suffer as a result of the Client's breach of any of its obligations or warranties under these General Terms.

The Client undertakes to indemnify DRUANTIA for any damage it suffers and to pay all costs, charges and/or penalties it may have to bear as a result.

12. DRUANTIA's liability and warranty

DRUANTIA undertakes to provide the Services diligently and in accordance with professional standards, it being specified that DRUANTIA is bound by a best-efforts obligation, to the exclusion of any obligation of result, which the Client expressly acknowledges and accepts.

DRUANTIA acts exclusively for the purpose of providing the Services described in these General Terms.

DRUANTIA uses its best efforts to satisfy the Client's needs but does not guarantee that the proposed Services will satisfy all of the Client's needs and expectations.

DRUANTIA cannot be held liable for decisions made by the Client or by any third party designated by the Client. Likewise, DRUANTIA cannot under any circumstances be held liable for Content published by the Client on the Application, over which DRUANTIA exercises no control, verification, or moderation of any kind.

DRUANTIA undertakes to carry out regular checks to verify operation and accessibility of the Application. In this respect, DRUANTIA reserves the right to temporarily interrupt access to the Application for maintenance reasons. Likewise, DRUANTIA cannot be held liable for temporary difficulties or impossibility of access to its Application originating from circumstances outside its control, force majeure, or disruptions in telecommunications networks, Clients being informed of the complexity of global networks and peak internet traffic at certain times.

The Services are provided by DRUANTIA as is and without warranty of any kind, express or implied. In particular, DRUANTIA does not guarantee to Clients (i) that the Services, which are subject to ongoing research to improve performance and progress, will be entirely free from errors, defects, or faults, or (ii) that the Services, being standard and not offered solely for one specific client based on that client's own constraints, will specifically meet the client's needs and expectations.

In any event, DRUANTIA's potential liability under these terms may only cover direct damage suffered by the Client and is expressly limited to the total amount of prices received by DRUANTIA during the 12 (twelve) months preceding the event giving rise to liability.

13. Prohibited conduct

It is strictly prohibited to use the Services for the following purposes:

- carrying out illegal or fraudulent activities, or activities that infringe the rights or security of third parties,

- harming public order or violating applicable laws and regulations,

- intruding into a third party's IT system or any activity intended to harm, control, interfere with, or intercept all or part of a third party's IT system, or to violate its integrity or security,

- manipulations intended to improve the ranking of a third-party website,

- aiding or inciting, in any form whatsoever, one or more of the acts and activities described above,

- and more generally any practice diverting the Services from purposes other than those for which they were designed.

Clients are strictly prohibited from copying and/or diverting for their own purposes or for third-party purposes the concept, technologies, all or part of data, or any other element of the Application.

Also strictly prohibited are: (i) all conduct likely to interrupt, suspend, slow down, or prevent continuity of the Services, (ii) any intrusions or attempted intrusions into DRUANTIA's systems, (iii) any misuse of the Application's system resources, (iv) any action likely to impose a disproportionate load on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe DRUANTIA's financial, commercial, or moral rights and interests, and more generally (vii) any breach of these General Terms.

It is strictly prohibited to monetize, sell, or grant all or part of access to the Services or the Application, as well as to information hosted and/or shared therein.

14. Sanctions for breaches

In the event of breach of any provision of the Contract, or more generally of infringement of laws and regulations by the Client, DRUANTIA reserves the right to take any appropriate measure, including:

- suspending, deleting, or preventing access to the Services by the Client responsible for the breach or infringement, or who participated in it,

- taking any appropriate measures and initiating any legal action,

- where appropriate, notifying competent authorities, cooperating with them, and providing them with all useful information for investigating and prosecuting illegal or unlawful activities.

The Client is informed and accepts that any breach of its obligations may result, in addition to the consequences above, in immediate termination of the Contract by DRUANTIA, by any written means.

15. Confidentiality

Each party undertakes to keep strictly confidential the other party's documents, items, data, and information received by it and expressly identified by the other party as confidential. With regard to DRUANTIA, the parties already expressly agree that this confidentiality obligation covers personal data that DRUANTIA may process for the Client within the framework of the Services.

All such information is hereinafter referred to as "Confidential Information".

The party receiving Confidential Information undertakes not to disclose it without prior consent of the other party for a period of 3 (three) years from the end of performance of the relevant Services. It may only be transmitted to employees, collaborators, trainees, or advisers if they are bound by the same confidentiality obligation as provided herein. This obligation does not extend to documents, items, data, and information:

(i) already known by the receiving party;

(ii) already public at the time of communication or becoming public without breach of the Contract;

(iii) lawfully received from a third party;

(iv) disclosure of which is required by judicial authorities, in application of laws and regulations, or in order to establish a party's rights under the Contract.

16. Intellectual property

16.1 Intellectual property

The systems, software, structures, infrastructures, databases, code, and content of any kind (texts, images, visuals, logos, trademarks, databases, etc.) operated by DRUANTIA on the Application are protected by all applicable intellectual property rights or database producer rights.

Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without DRUANTIA's authorization are strictly prohibited and may be subject to legal proceedings.

16.2 Client intellectual property

Hereby, the Client grants DRUANTIA, free of charge and for the term of this Contract, a right to use data entered on the Application.

The Client is informed that this data will be used by DRUANTIA to improve the Services offered and to train its prediction models.

17. Personal data

17.1 General provisions

DRUANTIA and the Client each undertake, insofar as they are concerned, to comply with regulations applicable to personal data and in particular the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).

Within the framework of the Services, DRUANTIA processes personal data. The characteristics of this processing are as follows:

- Purpose of personal data processing: operation of the Application, performance of the Services

- Type of personal data processed: last name, first name, email addresses, professions, phone number

- Categories of data subjects: Client Users

- Processing period: 3 years after the last connection to the Application / use of the Services

Place of processing: Paris, France

DRUANTIA subcontractor involved in processing (if applicable): N/A

The Client is the data controller for this data and must comply with obligations incumbent upon it under the aforementioned regulation, in particular regarding the obligation to inform data subjects, maintain a register of processing activities implemented, and more generally comply with the principles arising from the regulation.

Data provided by the Client to DRUANTIA for performance of the Services remains the sole property and sole responsibility of the Client.

For its part, DRUANTIA acts exclusively as a processor of personal data.

17.2 DRUANTIA's obligations toward the Client

- Data processing: DRUANTIA undertakes to process personal data only for the purpose of performing the Services and in accordance with the Client's documented instructions. DRUANTIA undertakes to inform the Client if, in DRUANTIA's opinion, an instruction constitutes a breach of applicable regulations.

- Data security and confidentiality: DRUANTIA undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, backup, and restoration of availability in the event of physical or technical incidents. DRUANTIA also ensures that persons authorized to process personal data are subject to an obligation to preserve confidentiality.

- Other subcontractors: DRUANTIA undertakes not to engage other subcontractors without the Client's prior written authorization, specific or general. In the case of general written authorization, DRUANTIA undertakes to inform the Client of any planned change regarding addition or replacement of other subcontractors, and the Client then has the possibility to object to such changes.

- Provision of information: DRUANTIA undertakes to respond to any request for information addressed by the Client, whether in the context of a data subject rights request, a data protection impact assessment, or a request submitted by data protection authorities or the Client's data protection officers.

- Notification of personal data breaches: DRUANTIA undertakes to notify the Client of any personal data breach within a maximum of 72 (seventy-two) hours after becoming aware of it. If the Client itself must notify this breach to the competent supervisory authority, DRUANTIA undertakes to provide all useful documentation.

- Data retention: DRUANTIA undertakes to delete personal data 3 (three) years after the user's last connection to the Application, whatever the reason, and not to keep any copy.

- Register and documentation: DRUANTIA keeps a written register of processing carried out on behalf of its Clients. This register also includes information related to such processing. At the Client's request, DRUANTIA makes available all information necessary to demonstrate compliance with its obligations.

18. Commercial references

The Client expressly authorizes DRUANTIA to mention it and, where applicable, use a reproduction of its trademark or logo as commercial references, in particular at trade shows or events, in its commercial documents, on its Application and on its Website, in any form whatsoever for the duration of the General Terms and 5 (five) years after their end.

19. Links and third-party sites

DRUANTIA cannot under any circumstances be held responsible for the technical availability of websites operated by third parties (including its potential partners) that the Client may access via the Application.

DRUANTIA assumes no liability for content, advertising, products and/or services available on such third-party sites, which are governed by their own terms of use.

DRUANTIA is also not responsible for transactions between the Client and any advertiser, professional, or merchant (including its potential partners) to which the Client may be directed via the Application, and DRUANTIA cannot under any circumstances be a party to any disputes with such third parties, notably regarding purchase of products and/or services, guarantees, statements, and any other obligations binding on such third parties.

20. Force majeure

No Party may be held liable for failure to perform its contractual obligations if such failure is due to an event beyond the Parties' control and constituting force majeure, as defined in Article 1218 of the French Civil Code.

For the purposes of force majeure, the parties notably agree to include occurrence of an event presenting characteristics of unpredictability and irresistibility commonly recognized by French law and courts, as well as strikes, terrorist activities, riots, uprisings, wars, government actions, epidemics, natural disasters, or default attributable to a third-party telecommunications provider.

The prevented party must inform the other party as soon as possible, indicating the nature of the force majeure event. The parties will consult each other to determine together the most appropriate means to mitigate, if possible, consequences of the force majeure event(s).

If the force majeure event lasts more than 3 (three) months, each party may terminate the Contract as of right, without court formalities, without notice, and without entitlement to compensation of any kind, by sending a registered letter with acknowledgment of receipt taking immediate effect.

If, following a force majeure event, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for performing obligations not affected by force majeure and for its payment obligations.

As soon as the force majeure event ceases, the prevented party must immediately inform the other party and resume performance of affected obligations within a reasonable time.

21. Advertising

DRUANTIA, in collaboration with the Client, reserves the right to insert on any page of the Application and in any communication to Clients any advertising or promotional messages, in a form and under conditions determined solely by DRUANTIA.

22. Changes

DRUANTIA reserves the right to modify these General Terms at any time.

Clients will be informed of such modifications by any useful means.

Clients who do not accept the modified General Terms must unsubscribe from the Services according to the terms set out in the article "Term of the Services and unsubscribing".

Any Client using the Services after the modified General Terms enter into force is deemed to have accepted these modifications.

23. Language

If these general terms and conditions are translated into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute over the meaning of a term or provision.

24. Applicable law and jurisdiction

The Contract is subject to French law and shall be governed and interpreted in accordance with that law.

Any dispute arising in connection with its validity, interpretation, or performance shall be submitted to the exclusive jurisdiction of the Paris Commercial Court (France), unless mandatory procedural rules provide otherwise.