Terms of Service

Use and access to ourService are governed by the following Terms of Service (ToS).

If you do not agree withall of our Terms, please do not use our Service. By using our Service, youacknowledge being at least 12 years of age, and agree, without any reserve, tocomply with and be bound by these Terms, including the Privacy Policy. SKREDreserves the right to modify these Terms, at any time and in its solediscretion. By using the Service after such a change, you agree to abide by andbe bound by our Terms as amended.

NO ACCESS TO EMERGENCYSERVICES: There are important differences between SKRED and your mobile and SMSservices. Our Services do not provide access to emergency services or emergencyservice providers, including the police, fire departments, or hospitals, orotherwise connect to emergency call centres. You should ensure you can contactyour relevant emergency service providers through a mobile phone, fixed-linetelephone, or through another service.

‍
1- Definitions:

Application:

Refers to the SKREDApplication that can be installed on a mobile phone, a touchpad tablet or anyfuture mobile device enabling Users, in an anonymous way, to make free voice orvideo calls through Wifi to any third-party users in total confidentiality, aswell as to exchange text messages or files between Users, in compliance withthese ToS. The SKRED Application is subject to these ToS.

Contact:

Two Users are in Contact assoon as they have added each other in their Contact list.

ToS:

Refers to these Terms ofService for the SKRED Application Services.

Content:

Refers to information,data, texts, photographs, images, messages, geolocation, or any other elementlikely to be exchanged by a User, on his own initiative and under hisresponsibility.

Personal data:

Refers to the personalinformation of a User and subject of formalities with the “Commission Nationalede l’Informatique et des Libertés” (CNIL, the French Data ProtectionAuthority). SKRED will not be in any means the owner of the personal data of aUser.

User Name:

Refers to the name chosenby the User to be represented on the SKRED Application to a third-party user,when using the Services of said Application. The User Name can be modifiedfreely by the User without changing the user account. The User can create asmany User Names as he wants to be represented to another User. The User Namechosen is not unique and can therefore be used by multiple userssimultaneously.

Profile Picture:

The profile picture ischosen by the User from his mobile gallery or taken directly from the camera ofthe mobile phone. This image represents the User on the Application visible toa third-party user. Said profile Picture can be changed freely by the Userwithout changing the user account.

Profile:

Refers to the fileassociating a profile Picture with a User Name. It is the profile currentlychosen by the User that will be visible to his future Contacts.

Service(s):

Refers to one or all of theservices provided by SKRED and accessible from the SKRED Application, differentfrom Contents.

Electronic Device:

Refers to the existingand/or future technical tool (mobile phone, touchpad, …) allowing to download,store and access the Application Services.

SKRED:

Refers to the companyproviding the Services and whose contact details are mentioned in Article 9 ofthese ToS.

User:

Refers to any naturalperson who is at least 12 years of age, or any legal person with access to theService(s) through the SKRED Application installation and with acceptance ofthe ToS.
2- Purpose of the ToS and Applicable Version

2.1 These Terms of Serviceaim to specify the conditions in which the Users can access and use theServices.
2.2 Anyone who has access to or uses the Services offered by SKRED agrees tocomply, unreservedly, with these Terms of Service.

2.3 The User is clearlyinformed that the single version of the ToS for SKRED online services thatshall prevail is the one accessible in the “setting” feature via the link,“Terms of Service”, at the time the Services are accessed and/or used, whichthe User acknowledges and accepts without restriction, committing to consultthem at the time of each connection. Said ToS are permanently available, exceptin cases of force majeure.
3- Creation of User Account & Access to Online Services

3.1 General terms ofcreation of the User Account

3.1.1 A User Account iscreated as a result of downloading the Application. Said account is linked tothe electronic device identifier used for the download. The creation of a UserName is made mandatory only when the User creates his first Profile.

3.1.2 After downloading theApplication, the User will have access to his User Account, as well as theApplication Services, after acceptance of these ToS.

3.2 Equipment (computer,phone, tablet, software, electronic means of communication), allowing accessand use of the Services, are the exclusive responsibility of the User, as wellas communications costs (including phone costs, internet access costs) resultingfrom their use. The User is responsible for finding information on costsresulting from the use of such equipment and/or services with the operatorsconcerned. The User is alone liable for their costs.

4 - Common operationalfactors.

4.1 User obligationsregarding his account.

4.1.1 The use of the User’selectronic device and of the Application by the User is the sole User’sinitiative and exclusively the User’s responsibility.

4.1.2 The User is solelyresponsible for the use of his electronic device, as well as of his UserAccount.

4.1.3 Any access, use ofServices and data transmission from a User’s Application will be deemed ashaving been made by the latter. The protection and the confidentiality of theApplication User Account entrusted to the User is indeed the full responsibilityof the latter.

4.1.4 Any loss, misuse orunauthorised use of the User Account, or of his mobile phone and theconsequences are the sole responsibility of this User.

4.2 Duration andTermination.

4.2.1 The duration ofvalidity of a User Account is of one hundred thirty-five (135) days from thedate of the last access to Services by the holder of said account. After thisduration, and according to Article 4.2.3, the User Account may automatically bedeleted without any compensation being claimed.

4.2.2 Services are providedby SKRED for an indefinite period.

4.2.3 The User expresslyacknowledges that SKRED has the right to modify the name of the Service and/orof the Application, to terminate the Services and, as such, to remove, withoutprior notice or warning, indemnity or justification, his User Account.

4.2.4 Furthermore, in caseof a breach of the herby ToS by the User or more generally in case of a breachof the laws and regulations in force, SKRED may, without prior notice, withoutwarning nor indemnity, terminate all or any part of the Services provided tothe User. SKRED can decide this termination and the resulting deletion of theUser Account, without prejudice of any damages it may be entitled by reason ofsuch breaches and all penalties due to it. The User thus acknowledges SKRED’sright to delete his User Account.

4.2.5 SKRED may also, incase of breach of the hereby ToS, suspend the Service temporarily orpermanently. In particular, SKRED may block the User to use some features ofthe Application.

5- Services.

SKRED is an internetcommunication service enabling Users to exchange text, voice or video messagesthrough an internet connection.

5.1 Services Commonalities

5.1.1 Content is exchangedusing the User’s electronic device, in particular using the User’s mobile phoneor tablet. The User agrees not to reply to any unlawful statement and/or toreport them (and in particular those contrary to the aspects described in point6.3). SKRED does not guarantee the truthfulness, probity or honesty ofexchanged Content, and cannot be held liable for any false declarations made bya User or any incorrect data and information. SKRED also disclaims anyliability for any potential meeting organised between Users following the useof the Services.

5.1.2 As part of the use ofthe Services, the User shall refrain from disclosing information allowingpersonal and precise identification of other Users, or any other natural orlegal person, such as a surname, company name, postal and/or electronic address,or phone number. It is also recommended to the User not to disclose informationon the Services, allowing his own personal and precise identification.

5.1.3 The User is expresslyinformed that the Content is produced or exchanged under his soleresponsibility. Therefore, only the owner of the electronic device linked tothe User Account will assume the civil and criminal liability of the associatedContent shown on his account. The User commits to ensure that the Content heexchanges does not contain any element which may be contrary to the laws andregulations in force, in the country from which he accesses the Service, in thecountry where these Contents are intended to be received, or likely to causedamage to a third party or breach any of the rules set forth in Article 6.3below.

5.1.4 The User declares tobe the owner of all the associated Content shown on the Services, and that hehosts them without any restriction to property rights and other authorisations.Failing this, the User is deemed to have the authorisation from the holder ofthe rights of Content he would associate with his User Account. The User shallnot register or transmit any Content that infringes intellectual propertyrights and/or the personality of other persons, including, but not limited to,work protected by copyright, trademarks, texts, images of persons or property,trade secrets, internal or confidential information.

5.1.5 According to Article323-1 of the Criminal Code (Ordinance no. 2000-916 of 19 September 2000,Article 3, Official Journal of 22 September 2000 in force 1 January 2002) whichstates, inter alia, that “Fraudulently accessing or remaining within all orpart of an automated data processing system is punished by two years’imprisonment and a fine of €30,000”, the User shall refrain from accessing theSKRED application again via another phone, tablet or any other technical meansafter being temporarily or permanently excluded from the Service.

5.2 Description ofServices.

5.2.1 User Account

After downloading the SKREDapplication, the User chooses a User Name. Said User Name can be changed freelyby the User, without changing the User Account. The User Name chosen is notunique and can therefore be used by multiple Users simultaneously. Only theUser Account is linked to the Electronic Device identifier, allowing the Useraccess to the SKRED application. The User can choose not to activate hisgeolocation on his phone or tablet in the Device settings. He can also invitefriends to use the application via his directory, social networks and anyexisting or future messaging system. He can, at any time, delete his UserAccount, by visiting the “settings” feature from the Application. His data willthus be erased within a period of one (01) year, in accordance with legaldispositions in force. Deleting a User Account will result in the immediatedeletion of all SKRED publications and Content created by the said User,including the removal of his User Name or User Names.

5.2.2 The User TextMessaging.

The messaging system called“Conversations”, allows the User to talk privately with another User with whicha Contact was previously established. The private dialogue or conversation isonly visible by the Users who took part in the conversation. As a reminder, theContact is established when two Users have added each other to their Contactslist. The conversation takes place only in the form of exchange of texts andfiles. A User has the ability to remove one or more messages in everyconversation with another User, or to delete all of the conversation. Deletingworks on a reciprocal basis. Thus, the other User, who took part in theconversation, will not retain the Content exchanged on his own device. The Usercan delete another User with who he is in Contact. The User having deleted thelink between himself and the other User can no longer contact, nor be contactedby the latter.

5.2.3 Voice/Video Messaging

The messaging system called“Call” allow the User to initiate a voice or voice/video conversation withanother User with which a Contact was previously established. As a reminder,the Contact is established when two Users have added each other to their Contactlist. The conversation operates only as voice and/or video exchanges. The Userhaving deleted the link between himself and the other User can no longercontact, nor be contacted by the latter.

5.2.4 Websitehttps://www.skred.mobi

SKRED website is availablefor all Users with internet access and is located at the following address:https://www.skred.mobi

6- Legal dispositions

6.1 Limitation ofLiability.

6.1.1 SKRED is notresponsible for controlling how the Users use our Services. In particular,SKRED cannot in any way be liable for the Content posted, exchanged, receivedor transmitted by Users, in accordance with its host status established by lawNo. 2004-575 for confidence in the digital economy of 21 June 2004.

6.1.2. The Useracknowledges having been informed on, and accepts the fact that SKRED cannotbe, in any capacity, held responsible for the creation, modification, deletion,or for a failure to receive, to send, to transmit or to store Users’ data,which are the sole responsibility of the latter. Similarly, the Useracknowledges that SKRED remains free to change at any time the denomination ofits online Services, without representing a change of the hereby terms andwithout providing any rights of remedies to the User.

6.1.3 SKRED does notprovide any express or implied warranties, including, but not limited tocontinuity of Services, performance of Services, sustainability of Services,compliance or compatibility of a specific Service, quality or absence of viceor defect of Services, eviction and non-violation of laws and regulations or ofthese terms of Services by other Users.

6.1.4 Any data downloadedby the User, or obtained in any other way during the use of the Service, isdone at his own risk. The User is solely responsible for any damage sustainedby the electronic device used or any data loss resulting from the downloadingof this data or the consultation and use of the Services.

6.1.5 No advice orinformation, whether oral or written, obtained by the User of SKRED or duringthe use of the Services shall create any warranties not expressly provided forin these ToS.

6.1.6 The User acknowledgesthat his use of the Service is at his own risks. The Service is provided “asis” and is accessible without any guarantee of availability and regularity.SKRED will endeavour to make the Services accessible 24 hours per day, 7 days aweek, except in a case of force majeure or of an event beyond SKRED’s controland during period of maintenance, equipment failure, technical incident due tomobile phone and/or Internet networks or malicious activities or any damagesupported by the equipment or the software of SKRED.

6.1.7 In no event shallSKRED be liable for any interruption of a Service regardless of the cause,duration or frequency of such interruption.

6.1.8 The transfer ratesand response times of information circulating from the User’s mobile phone ortablet are not guaranteed by SKRED. The User acknowledges that the speed oftransmission of the information and the quality of the exchanges does not dependon the Services offered by SKRED but on the characteristics inherent to theUser’s mobile phone or tablet, electronic communications networks and technicalcharacteristics of his connection mode and of his Internet access.

6.1.9 SKRED does notprovide any personalized support or “hot line”.

6.1.10 SKRED shall under nocircumstances be held liable for the use made of geolocation data related tothe mobile phones using the Application, which would be stored by the mobilephone manufacturers, including privacy and personal data, which are manageddirectly by providers of smartphones compatible with the Application.

6.2 Protection of theprivacy and personal data of the Users.

6.2.1 Third Party Sites.This article applies only to SKRED Services and does not apply to Third PartySites as referred to in Article 6.5 below, for which SKRED invites Users toconsult the general terms and conditions of use therein, in order to know theterms regarding the collection and processing of personal data applied by them.

6.2.2 Collection,processing, storage of personal data. SKRED respects the fundamental rights andin particular the right to privacy for the Users. The processing of personaldata collected during the Use of the Services is governed by the necessary formalitiescarried out with the “Commission Nationale de l’Informatique et des Libertés”(CNIL). It is recalled that: in order to optimise the use of the services ofthe application, SKRED recommends to the User to activate the geolocation ofhis electronic Device; The only information requested is the creation of a username to post SKREDs; By accepting these ToS, the User agrees to the collection,processing and storage of the personal data resulting therefrom, however, SKREDdoes not own any of these data.

6.2.3 Rights of access,modification, deletion of personal data. In accordance with the French Act n°78-17 of 6 January 1978, modified by the Act n °2004-801 of the 6 August 2004,on Information Technology, Data files and Civil Liberties (loi informatique etliberté), any User has the right to object, to access to and to rectify thedata related to him. It may, therefore, require that his inaccurate,incomplete, equivocal, or outdated information, be corrected, completed,clarified, updated or deleted.

6.2.4 Closing of a UserAccount and/or deletion of the Application and duration of retention of thepersonal data. At the closing of a User’s Account, for whatever reason, thedata relating to this account and in particular the traffic data is deleted. However,operations to delete or anonymize certain categories of data may be deferredfor a maximum of one year, in order to ensure the safety of SKRED installationsand for the purposes of research, prosecution of criminal offences, and for thesole purpose of enabling the judicial authority to be provided withinformation. It is specified that in the event that the User deletes the SKREDApplication directly without having deleted his User Account, the data will beretained for one year after the end of the period of validity of the UserAccount (i.e. 135 days from the date of the last access to the Services by theUser Account Holder from the said Account).

6.3 User’s Responsibilityfor the Content and User’s Behaviour.

6.3.1 The User accepts torespect the laws and regulations in force and to use only Contents (texts,photos…) of which he has the rights, for which the holder of the Rights gavehis express consent for its distribution within the Service, or free of any right.The User releases SKRED of any claims of third parties against SKRED due to theviolation of their Rights or the behaviour of a User who violates thelegislation in force. The User agrees that each person he represents on aSKRED, of which he has aggregated the content, has given his prior agreementfor the use and the diffusion of his image.

6.3.2 In general, the Useragrees to abide by all laws and regulations in force concerning the prohibitionof the dissemination of pornographic, paedophile, obscene images or imagesseriously damaging human dignity. The User shall not distract the purpose ofany of the Services to undertake propaganda or proselytism for professional orcommercial purposes (prospecting, soliciting or prostitution). Similarly, theUser shall refrain from harassing other Users by continuing to try or bysuccessfully communicating with anyone who does not wish to do so. The User isresponsible for ensuring that his behaviour with other Users is legal andcomplies with all applicable laws.

6.3.3 In general, andwithout this list being considered exhaustive, the User is prohibited fromloading, downloading, publishing, submitting, transmitting, distributing orfacilitating the distribution of any Content (texts and/or images) on or viathe Service:

—that is illegal, harmful,threatening, violent, abusive, harassing, defamatory, Insulting, obscene,pornographic, threatening, demeaning to good morals, using hateful or vulgarlanguage (even hidden by symbols or other characters), infringing upon the privacyof others or upon human dignity, hateful, racist, or otherwise objectionable orinappropriate in other ways that SKRED will determine in its sole discretion;
—which in any way affects Users in particular by the fabrication, transport,and dissemination of messages of a violent or pornographic nature or of anature that seriously undermines human dignity;
—which may constitute, but is not limited to, incitement to commit suicide,incitement to the commission of crimes and offences, provocation todiscrimination, hatred or violence on the basis of race, ethnicity, religion ornation, praise of Nazism, objection against the existence of crimes againsthumanity or of recognised genocide;
—which could constitute corruption of minors;
—which could constitute false news, an attack on the authority of the courts orwhich would contain information relating to ongoing trials, an individual taxsituation or adoption;
—which is intended to exhibit or sell prohibited objects and/or publications;
—which could mislead other Users by usurping the name or corporate name ofother persons and in particular by posing as an employee, collaborator, partneror affiliate of SKRED, or any other company of SKRED Group of which it is anintegral part, as well as the NAKAMA Group, a moderator, or a web host;
—that the User would not have the right to disseminate under laws orregulations or any legal act or contract (including internal, privileged,confidential information learned or disclosed under a contract ofConfidentiality Agreement without this list being exhaustive);
—infringing any patent, trademark, trade secret, copyright, intellectualproperty or any other proprietary right of ownership;
—containing any data, information, advertising, whether of a commercial natureor not, any promotional material which has not been requested or authorised inadvance by its recipient(s), and in particular engages in spam, mass mailing,“the transmission of” junk mail,” chain letters or any other form ofsolicitation;
—designed to interfere with, distort, interrupt, destroy or limit the normalfunctioning or functionality of any computer software, computer, server, orelectronic communications tool without this list being exhaustive;
—which may disrupt the Services, servers, networks connected to the Services,or refuse to comply with the requirements, procedures, general rules orregulatory provisions applicable to networks connected to the Services;
—may harass, persecute, embarrass, in any way, another or several other Users.This means that the User must not speak ill of others, or make personal attacksbased on race, nationality, ethnic origin, religion, sex, sexual preference,disability or any other difference.

6.3.5 The User alsodeclares and acknowledges that he must exercise discernment and accepts all therisks associated with it in the use he makes of the Content and in particularwhen he relies on the opportunity, utility or completeness of this Content. Consequently,the User acknowledges that he cannot rely either on the Content created bySKRED nor the Content submitted to SKRED available in the Services.

6.3.6 In the event of aUser failing to comply with one or more of these rules, SKRED reserves theright to block the User’s Account(s), temporarily or permanently, to delete theUser Account, without consideration or reimbursement and without prejudice tothe remedies available to the User concerned.

6.3.7 The User is informedthat the messages, data and information that he may transmit or receive throughthe use of the Service, pass through the Internet. These messages are notprotected and may be intercepted or attempted to be intercepted by unauthorisedthird parties who may be aware of their Content. Therefore, SKRED warns theUser that the communication of information, such as credit card number,address, telephone number, email, and more generally any sensitive orconfidential data, must be prohibited. This is the case even when suchdisclosure is solicited by the person or persons with whom the User is indialogue, even if that person claims to be authorised by SKRED, SKRED or anyother company. In any event, such disclosure would take place at its own risk,without SKRED’s liability being incurred. No agent or employee of SKRED isauthorised to solicit from a User the following information in connection withthe use of the Service by the User: surname, first name, address, credit cardnumber.

6.3.8 The User is solelyresponsible for any damage he may cause to another User or to the third partyby using the Service.

6.3.9 In consideration ofthe free nature of the Services offered to him by SKRED, the User authorisesSKRED to associate with the Content that the User broadcasts on any of theServices, advertising or promotional messages such as text, images, video orsounds, chosen by SKRED and this in all forms. More generally, the User agreesthat SKRED may use (and refer to) the dissemination of User-generated Contentto promote its Services. In no event shall the User be entitled to anyremuneration or reward under this authorisation. If the User wishes to revokethis authorisation, it will be his responsibility to proceed with the closingof his User Account. The said revocation may have effects only for the future.Any advertising or promotional action that may be initiated by SKRED at thetime of the closing of his User Account by the User shall continue untilcompletion.

6.3.10 In consideration forthe use of the Services, the User grants to SKRED, free of charge, a worldwideexploitation licence, for the authorisation of broadcasting on any electroniccommunication network, in particular mobile telephony and the Internet, of theContent that it hosts, for the duration of the placing of the Content online bythe User.

6.4 Intellectual propertyof SKRED and third-parties/Licence to use the graphic and sound elements of theSoftware.

6.4.1 SKRED grants to theUser, in a personal capacity, the non-exclusive and non-transferable right touse the Services and software which may be associated with it on a compatibleterminal (telephone, digital tablet), yet, he shall not be authorised to (andcannot grant permission to others) copy, modify, create a derivative work,reverse the design or assembly, or otherwise attempt to obtain the source codeof associated software (except as permitted by law), sell, assign, sublicenseor otherwise transfer any rights in the Services or associated software.

6.4.2 The User agrees notto modify in any way the Services or associated software and not to usemodified versions of the associated software and Services and in particular(without this enumeration being restrictive) with a view to obtaining accessnot authorised to the Service(s). The User agrees not to access the Service(s)by any means other than the interface provided by SKRED for this purpose.

6.4.3 The User is informedand acknowledges that the Services and any software used in connection with theServices may contain information that is confidential or protected by existingintellectual property law or any other law. The User also acknowledges to beaware that the content included in advertisements and the information that arepresented to the User via the Services or by advertisers are protected bycopyright, trademark law, patent law, or any other right recognised by thelegislation in force. The User undertakes not to modify, rent, borrow, sell,distribute this content or create derivative works incorporating all or part ofthis content, unless prior written authorisation has been obtained from SKRED.

6.4.4 The Service containstexts, images, sounds and videos, which are the exclusive property of SKRED(hereinafter “Intellectual Property Elements”). The Intellectual PropertyElements are made available to the User, free of charge, for the sole use of theService and in the normal use of its functionalities.

6.4.5 This authorisation touse the Intellectual Property Elements is personal, non-exclusive andnon-transferable. SKRED may at any time revoke this authorisation to use theIntellectual Property Elements.

6.4.6 The User isprohibited (and the User cannot grant permission to others) from copying,modifying, creating a derivative work, reversing the design or assembly or inany other way attempting to find the Source code (except as provided by law),sell, assign, sublicense or otherwise transfer any right in the IntellectualProperty Elements. The User agrees not to modify in any way the IntellectualProperty Elements.

6.4.7 In the event ofnon-conforming or improper use of Intellectual Property Elements, SKREDreserves the right to terminate the infringement of its intellectual propertyrights.

6.5 Third Party Sites.

The pages of the Servicesmay contain hypertext links to websites published, hosted or operated by thirdparties (hereinafter referred to as “Third Party Sites”) over which SKRED doesnot exercise any rights of control. SKRED assumes no responsibility for thecontent of the Third Party Sites or the content to which Third Party Sites mayrefer. The presence of hypertext links to Third-Party Sites does not mean thatSKRED approves in any way whatsoever the content of the Third-Party Sites.SKRED is not responsible for any modification or updating of the Third PartySites. SKRED is not responsible for the transmission of information from theThird Party Sites or the malfunctioning thereof. These links to the Third PartySites are offered to Users only for their comfort. The Users and/or Visitorsare solely responsible for any transactions made with third parties, includingadvertisers, which appear on the web pages of the Service, including withrespect to delivery operations and the settlement of goods and services.

7- Force Majeure.

SKRED cannot be held liableor considered to have failed in these conditions for any delay ornon-performance, when the cause of the delay or non-performance is related to acase of force majeure as defined by the French jurisprudence of courts andtribunals including, in particular, act of Government, the attack of hackers,the unavailability of materials, supplies, spare parts, personal equipment orother; And interrupting, suspending, reducing or disrupting electricity orother or interrupting electronic communications networks.

8- Correspondence.

8.1 Any complaint and ordispute from the User against SKRED must be formulated in writing and sent toSKRED not later than 15 (Fifteen) days from their operative event, underpenalty of foreclosure.

8.2 Any notice givenhereunder shall be in writing and sent to the address of SKRED. The User willtake care to keep any acknowledgment of receipt. Such notifications shall takeeffect on the first working day following receipt by SKRED of the notification,unless technically impossible.

9- Legal Information.

9.1 The Application “SKRED”is operated by SKRED SAS with a capital of 37,000 Euros, registered with theRCS of Paris under the number 332 276 880 and whose registered office islocated at 37bis, rue Greneta 75002 PARIS, FRANCE

9.2 Director of Publicationof the SKRED Application Services: Mr Pierre BELLANGER, President.

9.3 Hosting Services: SKREDSAS with a capital of 37,000 Euros, whose registered office is located at37bis, rue Greneta 75002 PARIS, FRANCE.

10- Non-waiver.

The fact that SKRED doesnot rely on any default or default of the User to any of its contractual orlegal obligations cannot be interpreted as a waiver to avail itself of thisfailure or default.

The fact that SKRED doesnot rely on a provision of the ToS does not in any manner entail waiver of thebenefit of such provision.

11- General Provisions.

11.1 Given the nature oftheir exchanges and in particular the dematerialisation of their relationship,the Parties agree that all computer records in the SKRED information systemwill, in the event of a dispute, be considered as evidence.

11.2 These SKRED OnlineServices Terms of Service and the Privacy Policy constitute the entireagreement between the parties with respect to their subject matter. They shallsupersede any agreement, communication, declaration, proposal, prior orconcomitant, written or verbal, relating to the same subject matter. TheseTerms of Service and Privacy Policy prevail over any other documents exchangedbetween SKRED and the User, unless expressly agreed to and expressly agreed bySKRED.

These Terms and the PrivacyPolicy are governed by French law. Any translation of the ToS and of thePrivacy Policy in a language other than French is only provided for informationpurposes. The French version is authoritative and predominant for anyinterpretation which may arise in their application and understanding.

12- Assignment ofjurisdiction.

THE TRIBUNAL DE GRANDEINSTANCE OF PARIS WILL ONLY BE COMPETENT TO HEAR OF ANY DISPUTE BETWEEN SKREDAND THE USER ABOUT, IN PARTICULAR, THE FORMATION, ENFORCEMENT, INTERPRETATION,TERMINATION OR RESOLUTION OF THESE TOS AND INCLUDING PROVISIONAL MEASURES,EMERGENCY PROCEDURES, IN CASE OF SUMMARY PROCEEDING, GUARANTEE CALL, PETITIONOR PLURALITY OF DEFENDERS.

‍