Terms of Sale

These General Terms and Conditions of Sale (hereinafter the “ToS”) govern the contractual relationship between CKC-Net, a limited liability company with a share capital of EUR 100,000, whose registered office is located at 1208 route des Lucioles, building 2B, Espace Beethoven, 06560 Valbonne, registered with the Grasse Trade and Companies Register under number 452 308950, SIRET number 452 308 950 00073, publisher and operator of the YachtFlow SaaS platform, and any professional Client subscribing to the Service.

They define the conditions under which CKC-Net makes the YachtFlow platform available, the terms for subscribing to and using subscriptions, as well as the respective rights and obligations of the Parties.

These ToS specify in particular the conditions for providing the Service, billing and payment terms, the rules applicable to Client data, provisions relating to security, confidentiality, intellectual property, as well as the limitations of liability applicable in connection with use of the platform.

CKC-Net’s full contact details (company name, legal form, registered office, registration number, intra-community VAT number and contact details) are set out in the Legal Notice accessible on the YachtFlow website and form an integral part of these ToS.

Any subscription to a YachtFlow plan implies full and complete acceptance of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale are intended to define the conditions under which CKC-Net, as publisher and operator of the YachtFlow platform, makes a software service available to its Clients in SaaS (Software as a Service) mode.

YachtFlow is a professional platform dedicated to players in the yachting sector, enabling in particular the management of commercial activities, customer relationships, yachts, operations, documents, as well as any other functionality offered under the plans marketed by CKC-Net.

These ToS define the conditions for subscribing to plans, the terms for providing the Service, the applicable financial conditions, as well as the respective rights and obligations of CKC-Net and the Client throughout the contractual relationship.

Any subscription to a YachtFlow plan entails unreserved acceptance of these General Terms and Conditions of Sale.

For the purposes of these General Terms and Conditions of Sale, the terms below shall have the following meaning::

CKC-Net

means the company CKC-Net, publisher and operator of the YachtFlow platform, contracting party with the Client.

YachtFlow

means the software platform published and operated by CKC-Net, accessible in SaaS (Software as a Service) mode, as well as all associated services, features, interfaces, applications, APIs and tools.

Service

means all services provided by CKC-Net through the YachtFlow platform, under the subscription taken out by the Client.

Client

means any legal entity or professional subscribing to YachtFlow in connection with their professional activity.

User

means any natural person authorised by the Client to access all or part of the YachtFlow platform through a user account.

Account

means the secure space enabling the Client and its Users to access the features of the Service.

Administrator

means the User designated by the Client as responsible for administering their account, managing Users and the organisation’s settings.

Subscription

means the pricing plan subscribed to by the Client, whether monthly, annual or any other plan offered by CKC-Net.

Client Data

means all information, documents, files, content, databases and, more generally, all data imported, created, entered, stored or generated by the Client or its Users in connection with use of the Service.

Content

means texts, images, documents, photographs, videos, files and, more generally, any element integrated into the platform by the Client or its Users.

API

means the programming interfaces that may be made available by YachtFlow to enable automated exchanges with third-party services or software.

Plan

means all features and services included in the subscription plan chosen by the Client.

Website

means the official presentation website of YachtFlow, accessible at the address communicated by CKC-Net.

Update

means any evolution, correction, improvement, adaptation, modification or new version of the YachtFlow platform, whether corrective, evolutionary, functional or technical. The terms defined in this article may be used interchangeably in the singular or plural without changing their meaning.

Any subscription to a YachtFlow plan implies full, complete and unreserved acceptance of these General Terms and Conditions of Sale by the Client.

The Client acknowledges having read these ToS prior to subscribing and declares that they accept them in their entirety.

This acceptance is evidenced by validating the online subscription and the checkbox or mechanism provided for this purpose in the subscription process.

These General Terms and Conditions of Sale prevail over any other document issued by the Client, including its general purchasing conditions, unless expressly agreed in writing by CKC-Net.

If any provision of these ToS were to be declared null, illegal or unenforceable, the other provisions shall remain fully in force.

By subscribing to the Service, the Client acknowledges acting in connection with their professional activity and having the capacity and authority necessary to bind the legal entity or organisation they represent.

Access to the Service requires the creation of a Client account and, where applicable, User accounts enabling use of the various features of the YachtFlow platform.

When creating their account, the Client undertakes to provide accurate, complete and up-to-date information.

It is their responsibility to keep this information up to date throughout the duration of their subscription.

The Client designates one or more Administrators responsible for managing their organisation’s settings, creating and deleting User accounts, and assigning access rights within the platform.

The Client remains solely responsible for all accounts created under their organisation, the use made of them, and the actions carried out by its Users using their credentials.

Login credentials are personal and confidential.

The Client undertakes to ensure their safekeeping, to implement sufficiently robust passwords and to inform CKC-Net without delay of any unauthorised use, loss, compromise or suspicion of fraudulent access to an account.

CKC-Net cannot be held liable for consequences resulting from fraudulent or unauthorised use of an account when this results from negligence by the Client or its Users in managing their credentials or access.

CKC-Net reserves the right to suspend or refuse the creation of an account when the information provided is manifestly inaccurate, incomplete, fraudulent or when such creation is likely to compromise the security, integrity or proper functioning of the Service.

CKC-Net offers several subscription plans for the YachtFlow platform, the characteristics, features and prices of which are presented on the YachtFlow website at the time of subscription.

Unless otherwise stated, subscriptions are taken out for a specified number of Users and provide access to the features included in the plan chosen by the Client.

Available features may vary depending on the plan subscribed to.

### 5.1 Monthly subscription The monthly subscription is taken out without any minimum commitment period.

It is billed per one (1) month period, payable in advance, and is automatically renewed at each monthly due date until terminated by the Client in accordance with these ToS.

The Client may end their subscription at any time from their administration area or in accordance with the procedures provided by YachtFlow.

Termination shall take effect at the end of the subscription period already paid for.

No refund, even partial, may be granted for a current period.

### 5.2 Annual subscription The annual subscription is concluded for a fixed term of twelve (12) months.

It is payable in full in advance upon subscription or renewal.

During this period, the Client remains committed for the entire duration of the subscription.

Consequently, any early termination, for any reason whatsoever, shall not entitle the Client to any full or partial refund of amounts already paid, unless otherwise required by mandatory law.

At the end of the initial twelve (12) month period, the subscription is automatically renewed for a new annual period, unless termination is carried out before the renewal date under the conditions set out in these ToS.

### 5.3 Changes to subscriptions The Client may, subject to the features offered by the platform, upgrade their subscription to a higher plan at any time.

The applicable billing terms are those in force on the date of such change.

The conditions for moving to a lower plan, where offered, take effect from the next subscription renewal date, unless otherwise indicated by CKC-Net.

CKC-Net reserves the right to change subscription plans, their features, their names or their pricing, under the conditions set out in the article relating to amendment of these General Terms and Conditions of Sale.

In the event of an upgrade to a higher Plan during a billing period, the corresponding price difference may be invoiced immediately, where applicable on a pro rata basis for the remaining period.

A downgrade to a lower Plan takes effect from the next renewal, without refund or credit for the current period.

### 5.4 Optional services Certain features, modules, integrations, additional storage space, usage credits or supplementary services may be billed separately from the main subscription.

The applicable pricing terms are those indicated on the YachtFlow website or communicated at the time of subscription.

The prices applicable to the various subscriptions and services offered by YachtFlow are those in force on the date of subscription or renewal.

They can be consulted on the YachtFlow website or communicated to the Client as part of the subscription process.

Unless otherwise stated, all prices are expressed in euros (€) and exclusive of tax (excl.

VAT).

Applicable taxes, including VAT, are invoiced in addition in accordance with the regulations in force on the invoice date.

Subscriptions are billed according to the frequency chosen by the Client (monthly or annual) and are payable in advance in accordance with the provisions of these General Terms and Conditions of Sale.

CKC-Net reserves the right to modify the prices of its subscriptions, supplementary services or options at any time.

Such changes do not affect subscriptions during the current period and apply only from the next renewal or subscription to a new plan.

Any promotions, discounts or special pricing conditions granted to a Client are personal and create no vested right for future periods or for other Clients.

In the event of a manifest error in price, display or calculation beyond CKC-Net’s control, CKC-Net reserves the right to correct the relevant price before final validation of the subscription, without such correction giving rise to any liability on its part.

The prices of specific services, custom developments, support services, training, data migrations or any other service not included in subscription plans are subject to a separate quote or commercial proposal.

YachtFlow subscriptions are payable in advance, according to the frequency chosen by the Client at the time of subscription (monthly or annual).

Payment of subscriptions is made using the payment methods offered on the platform at the time of order.

The Client undertakes to maintain a valid payment method throughout the duration of their subscription in order to enable automatic renewal.

Invoices are issued in electronic format and made available to the Client in their administration area or transmitted by any appropriate means.

In the event of a failed direct debit, payment refusal, expiry of the payment method or any other incident preventing payment of the subscription, CKC-Net may make one or more further payment attempts and invite the Client to regularise their situation as soon as possible.

Failing regularisation within a reasonable period, CKC-Net reserves the right to suspend all or part of access to the Service until full payment of amounts due, without such suspension being considered a breach of its contractual obligations.

Suspension of the Service does not in any way release the Client from their obligation to pay amounts still due under their subscription.

In the event of late payment, penalties shall be due automatically, without prior notice, at a rate equal to three (3) times the legal interest rate in force.

A fixed indemnity for recovery costs of forty (40) euros shall also be due automatically, without prejudice to additional compensation where the costs actually incurred exceed this amount.

CKC-Net further reserves the right to terminate the Client’s subscription in accordance with these General Terms and Conditions of Sale if unpaid amounts persist despite reminders and suspension of the Service.

Unless terminated in accordance with these General Terms and Conditions of Sale, YachtFlow subscriptions are automatically renewed at their due date, according to the frequency chosen by the Client at the time of subscription.

The Client may request termination of their subscription at any time from their administration area or in accordance with the procedures made available by CKC-Net.

Termination ends automatic renewal of the subscription and takes effect at the end of the subscription period already paid for.

The Client retains access to the Service until that date, without any full or partial refund of amounts already paid being due.

From the effective date of termination, the Client can no longer access the Service, subject to the data retention period provided for in Article 15 – Data lifecycle.

CKC-Net reserves the right to terminate or suspend all or part of the Service, automatically and without compensation, in the event of a material breach by the Client of its contractual obligations, including in the event of persistent non-payment, fraudulent use, violation of these General Terms and Conditions of Sale, compromise of platform security or any behaviour likely to harm CKC-Net, the Service or other Clients.

Except in an emergency or where the nature of the breach does not allow it to be remedied, CKC-Net shall endeavour to inform the Client in advance and give them a reasonable period to regularise their situation before any final termination.

YachtFlow subscriptions are payable in advance for the billing period chosen by the Client (monthly or annual).

Any subscription period that has begun is due in full and amounts paid remain definitively acquired by CKC-Net.

Consequently, no full or partial refund may be granted, in particular in the event of:

• early termination of the subscription by the Client
• total or partial non-use of the Service
• voluntary closure of the account
• deletion of all or part of the data by the Client
• change of plan or subscription formula during a billing period
• interruption of use of the Service for a reason attributable to the Client.

The fact that the Client no longer uses all or part of the features of YachtFlow during the term of their subscription shall not entitle them to a refund, price reduction, credit or extension of the subscription period.

No refund may be claimed by the Client, unless otherwise required by mandatory law or unless CKC-Net expressly decides, on a commercial and exceptional basis, to grant a full or partial refund.

Such a decision remains discretionary, does not constitute an acknowledgement of any obligation and shall not create a precedent or confer any vested right on the Client or any other user.

In order to preserve the security, availability and proper functioning of the YachtFlow platform, CKC-Net reserves the right to temporarily suspend, in whole or in part, access to the Service of a Client or certain of its Users when such measure appears necessary.

Suspension may in particular occur in the following cases, without this list being exhaustive:

• default or delay in payment of amounts due
• use of the Service in violation of these General Terms and Conditions of Sale or the Terms of Use
• fraudulent, abusive use or use manifestly contrary to the intended purpose of the Service
• unauthorised access attempt, circumvention of security measures, decompilation, reverse engineering, scraping or unauthorised penetration testing
• behaviour likely to compromise the security, stability or performance of the platform, or to harm the interests of CKC-Net or other Clients
• legal obligation, decision of a competent authority or need to protect the integrity of the Service.

Where the situation allows, CKC-Net shall endeavour to inform the Client in advance of the contemplated suspension and the measures likely to enable regularisation of the situation.

However, in an emergency, in the event of a risk to platform security, manifest fraud or any situation requiring immediate intervention, CKC-Net may carry out such suspension without notice in order to preserve the integrity of the Service and the interests of all its Clients.

Suspension may concern, depending on the circumstances, the entire Client account, one or more User accounts, certain features, certain technical access (including APIs) or any other element of the Service whose use gave rise to the protective measure.

Suspension is maintained for the period strictly necessary to resolve the situation that motivated this measure.

It does not release the Client from payment of amounts still due under their subscription and does not entitle them to any compensation, refund, credit or extension of the subscription period.

If the breach persists, cannot be remedied or is particularly serious, CKC-Net reserves the right to terminate the contract under the conditions set out in these General Terms and Conditions of Sale.

CKC-Net implements all technical, human and organisational means reasonably necessary to ensure optimal availability, continuity of operation and security of the YachtFlow platform.

For this purpose, the platform is hosted on professional infrastructure benefiting from redundancy mechanisms, regular backups, monitoring, maintenance and security measures suited to the requirements of a SaaS service intended for professional use.

CKC-Net also ensures the operational maintenance of the platform through corrective, evolutionary and security updates, as well as maintenance operations intended to guarantee the stability and sustainability of the Service.

Certain maintenance, update or improvement operations may result in temporary interruption of the Service.

Where possible, these operations shall be carried out so as to limit their impact on Clients and may, where relevant, be subject to prior notice.

The Client acknowledges that operation of the Service also depends on third-party infrastructure and providers, including Internet networks, access providers, telecommunications services or certain external technical services, over which CKC-Net has no control.

Consequently, although CKC-Net does everything reasonably possible to ensure high availability of the Service, it does not guarantee continuous, uninterrupted or incident-free availability and is only subject, in this respect, to an obligation of means, unless a specific commitment is expressly provided for in the subscribed Plan.

CKC-Net also reserves the right to temporarily interrupt all or part of the Service when immediate intervention is necessary to preserve the security, integrity or stability of the platform or its infrastructure.

Occasional unavailability of the Service, where it results in particular from maintenance, an update, a technical incident, force majeure or an event reasonably beyond CKC-Net’s control, shall not entitle the Client to compensation, refund, credit or extension of the subscription period, unless expressly provided otherwise.

YachtFlow is a SaaS platform in constant evolution.

As part of the continuous improvement of the Service, CKC-Net reserves the right to evolve the platform, its interfaces, ergonomics, technical architecture, features, performance and, more generally, any element necessary for its proper functioning or adaptation to the needs of its Clients.

Such changes may in particular consist of adding new features, improving existing features, correcting anomalies, optimising performance, strengthening security, adapting to regulatory or technological developments, as well as modifying or removing features that have become obsolete or are insufficiently used.

These changes are made in order to improve the quality, stability, security and sustainability of the platform and do not, in themselves, constitute a material modification of the contract.

The Client acknowledges that YachtFlow is software in permanent evolution and that features, interfaces, processes, screens or operating methods may evolve during the subscription.

Subject to not removing or altering the essential features corresponding to the Plan subscribed to by the Client, CKC-Net remains free to define the technical and functional direction of the platform, without such changes entitling the Client to compensation, refund or early termination.

Certain changes may require maintenance intervention or result in temporary interruption of the Service under the conditions set out in Article 11 – Availability of the Service.

CKC-Net provides its Clients with a support service intended to respond to technical assistance requests relating to normal use of the YachtFlow platform, reporting of anomalies, Service malfunctions or difficulties accessing the platform.

Support is provided in accordance with the terms defined by CKC-Net (in particular by email, contact form or any other communication channel made available) during the days and hours usually practised by the company.

Support is intended to assist the Client in resolving technical incidents related to the operation of YachtFlow.

It does not constitute consulting, business assistance or personalised support.

Unless otherwise provided in the subscribed Plan, the following are in particular not included in standard support:

• consulting or audit services
• user training
• custom configuration of the platform
• import, export, recovery, conversion or migration of data
• custom developments or bespoke change requests
• assistance concerning third-party software, hardware or services
• any intervention made necessary by improper use of the Service or a configuration specific to the Client.

These services may be provided by CKC-Net under a quote, maintenance contract or any other separate commercial proposal.

CKC-Net endeavours to process support requests as quickly as possible depending on their nature, level of criticality and complexity.

Unless expressly provided in the subscribed Plan, no intervention or resolution time (SLA) is guaranteed.

The Client undertakes to provide all information reasonably necessary for analysis and processing of their support request, in order to enable CKC-Net to intervene under the best conditions.

CKC-Net reserves the right to recharge any intervention that manifestly does not fall within standard support or results from non-compliant use of the platform, after prior notice to the Client and their agreement.

The Client remains, at all times, the holder of all rights they hold over the data, documents, files, content, information, databases and, more generally, all elements they import, create, enter, store or generate in connection with use of the YachtFlow platform (hereinafter “Client Data”).

Making the YachtFlow platform available does not entail any transfer of intellectual property or any rights whatsoever over Client Data to CKC-Net.

CKC-Net acts exclusively as publisher and operator of the platform and, where applicable, as processor within the meaning of applicable personal data protection regulations, when Client Data includes personal data.

Client Data is used exclusively in connection with performance of the contract, in order to ensure proper functioning of the platform, data hosting, maintenance, security, backups, technical assistance and, more generally, provision of the services subscribed to by the Client.

CKC-Net undertakes not to use Client Data for commercial purposes, to assign, sell, rent or communicate it to third parties, except with the express agreement of the Client, legal obligation or technical necessity related to performance of the Service, in particular in connection with subcontractors subject to appropriate confidentiality and security obligations.

The Client remains solely responsible for the content, accuracy, quality, lawfulness and updating of the Data they host within YachtFlow.

They must in particular ensure that they have all rights, authorisations and legal bases necessary for their collection, processing, storage and use.

CKC-Net does not systematically monitor Client Data and cannot be held liable for its content, except in the cases provided for by applicable legal provisions.

The terms relating to export, retention and deletion of Client Data are defined in Article 15 – Data lifecycle of these General Terms and Conditions of Sale.

The Client retains, at all times, control and the rights they hold over their Client Data throughout the duration of their YachtFlow subscription.

### 15.1 Access to Client Data Throughout the duration of their subscription, the Client has access to their Client Data in accordance with the rights associated with the subscribed Plan.

They may view, create, modify, delete or export it using the features made available by the platform.

### 15.2 Termination of the subscription In the event of termination of the subscription, the Client retains access to the platform until the expiry of the subscription period already paid for.

It is the Client’s responsibility to export the Client Data they wish to retain before this due date.

### 15.3 Retention period From the effective end of the subscription, Client Data is retained for a period of thirty (30) calendar days.

This retention period constitutes a security measure intended to enable, in the event of oversight or exceptional difficulty, consideration of a request to recover Client Data.

During this period, CKC-Net is not required to maintain the Client’s access to the platform or to guarantee availability of the Service’s features.

The Client may nevertheless request CKC-Net to consider the possibility of temporary restoration of their account or performance of an export.

Any intervention requiring restoration, technical handling, reprocessing or special assistance may be subject to prior invoicing, after notice to and agreement of the Client.

### 15.4 Permanent deletion At the end of this retention period, Client Data is permanently deleted from YachtFlow production environments in accordance with internal data management procedures implemented by CKC-Net.

This deletion is irreversible.

Unless otherwise required by law, CKC-Net will no longer be able to restore, return or recover Client Data after its permanent deletion.

Client Data may temporarily remain in technical backups and security logs until the expiry of their normal retention cycle.

It will not be restored to production, except where necessary for security, continuity of the Service or a legal obligation, and will be deleted or overwritten in accordance with CKC-Net’s internal procedures.

### 15.5 Export and migration of Client Data YachtFlow provides features enabling the Client to export their Client Data in a commonly usable format.

Export of Client Data is the Client’s responsibility, who is invited to carry out their own exports regularly when they deem it necessary, and in particular before any termination of their subscription.

CKC-Net does not provide any free conversion, reprocessing, cleaning, migration or reintegration of Client Data to a third-party solution.

Any request for specific assistance, support or migration may be subject to a separate service, provided on quote and after prior acceptance by the Client.

### 15.6 Backups In connection with operation of the platform, CKC-Net implements backup mechanisms intended to ensure continuity of the Service, infrastructure security and restoration of systems in the event of a technical incident.

These backups are intended exclusively for operation, maintenance and securing of the platform.

They do not constitute an individualised backup service or an archiving solution for the benefit of the Client.

The Client remains solely responsible for retention of their Client Data and the exports they deem necessary, in particular before any termination or any operation likely to result in their deletion.

CKC-Net cannot be held liable for loss of Client Data resulting from the absence of an export carried out by the Client before the permanent deletion provided for in this article.

CKC-Net attaches particular importance to the confidentiality of the information and Client Data entrusted to it in connection with use of the YachtFlow platform.

CKC-Net undertakes to implement appropriate technical and organisational measures to preserve the confidentiality of Client Data and to use it only to the extent necessary for performance of the services provided for by these General Terms and Conditions of Sale.

Client Data is neither sold, rented nor assigned to third parties for commercial purposes.

It may only be communicated to CKC-Net employees or subcontractors who need to access it in connection with their duties, provided that they are themselves subject to appropriate confidentiality and security obligations.

Where Client Data includes personal data, CKC-Net acts in accordance with applicable regulations, and in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) as well as any applicable national provisions on data protection.

Each Party undertakes to preserve the confidentiality of technical, commercial, financial or strategic information exchanged in connection with the contractual relationship and not to disclose it to third parties without the prior agreement of the other Party, except where required by law or court order.

This confidentiality obligation remains applicable throughout the duration of the contract and for a period of five (5) years following its termination, for whatever reason, subject to legal obligations imposing a longer period.

The terms relating to processing of personal data carried out by CKC-Net for its own purposes are set out in the Privacy Policy.

Where CKC-Net processes personal data on behalf of the Client, the respective obligations of the Parties are set out in a data processing agreement or subcontracting appendix compliant with Article 28 of the GDPR, forming an integral part of the contract.

CKC-Net attaches particular importance to the security, confidentiality and integrity of Client data processed in connection with the Service.

The platform is hosted with a recognised professional provider, within infrastructure meeting current standards of security, availability and resilience.

Technical and organisational measures are implemented to protect the Service and hosted data, in particular through encrypted communications (HTTPS/TLS), authentication and access control mechanisms, regular backups, security updates, infrastructure monitoring devices and procedures aimed at preventing unauthorised access.

In a data segregation logic, each Client has a logically and technically segregated data environment and, where the implemented architecture provides for it, a dedicated database, ensuring strict separation of information between different accounts and limiting risks related to a shared environment.

Furthermore, YachtFlow enables the Client to export their data at any time during their subscription, so that they may keep an independent copy if they wish.

As information systems security is a constantly evolving field, CKC-Net undertakes to maintain a level of protection in line with industry best practices and to regularly evolve its security measures according to identified risks and technological developments.

However, despite the implementation of appropriate protective measures and reasonable means intended to ensure security and availability of the Service, no computer system connected to the Internet can guarantee absolute security or uninterrupted availability.

Consequently, CKC-Net is subject to an obligation of means and cannot be held liable for a security incident resulting in particular from a sophisticated cyberattack, an unknown vulnerability at the time of the events, a force majeure event, failure of a third-party network or, more generally, an event reasonably beyond its control.

The Client also remains responsible for the security of their own equipment, confidentiality of their users’ credentials, implementation of robust passwords and compliant use of the Service.

The YachtFlow platform, its architecture, source code and object code, its interfaces, graphic elements, features, documentation, trademarks, logos, technical databases, data structures and, more generally, all elements comprising it are the exclusive property of CKC-Net or its licensors.

These General Terms and Conditions of Sale do not entail any transfer to the Client of intellectual property rights over YachtFlow or the elements comprising it.

During the term of their subscription and subject to full payment of amounts due, CKC-Net grants the Client a personal, limited, non-exclusive, non-transferable and non-assignable right to access the Service and use it for their internal professional needs only, in accordance with the subscribed Plan and these ToS.

This right of use automatically ends upon termination of the subscription, for whatever reason.

The Client undertakes not to reproduce, represent, adapt, modify, translate, market, distribute or exploit all or part of YachtFlow outside the rights expressly granted by these ToS.

Client Data and Content integrated into the platform by the Client or its Users remain governed by Article 14 and never become the property of CKC-Net.

Any suggestion, comment or improvement proposal communicated by the Client regarding YachtFlow may be freely taken into account and used by CKC-Net to evolve the Service, without such use entailing disclosure of the Client’s confidential information or giving rise to remuneration.

The Client undertakes to use YachtFlow in accordance with its intended purpose, these General Terms and Conditions of Sale, the Terms of Use and all applicable laws and regulations.

To this end, the Client is in particular prohibited, directly or indirectly, on their own behalf or on behalf of a third party, from:

• copying, reproducing, modifying, translating, adapting or creating derivative works of all or part of the platform or its components, outside the rights expressly granted by YachtFlow
• carrying out any decompilation, disassembly, reverse engineering, code analysis, source code extraction or attempt to reconstruct the internal operation of the software, except in cases strictly provided for by mandatory legal provisions
• using robots, automated scripts, scraping tools, data extraction software, indexing mechanisms or any process aimed at automatically collecting data or reproducing all or part of the content or operation of the platform
• carrying out or having carried out penetration tests, security audits, vulnerability analyses, automated scans, load tests or any other operation likely to affect the security, availability or performance of the platform, without the prior written authorisation of CKC-Net
• attempting to circumvent the security, authentication, access control or data segregation mechanisms implemented by CKC-Net
• using the Service for the purpose of accessing, viewing, modifying or attempting to access another Client’s data or any information not expressly intended for them
• reselling, renting, sublicensing, making available, hosting on behalf of a third party or commercially exploiting all or part of the Service without the prior written authorisation of CKC-Net
• using the Service in a manner likely to compromise its stability, availability, performance or security, in particular through manifestly excessive use of computing resources, API calls, data exports or any other technical mechanism
• deliberately introducing any malicious program, virus, Trojan horse, ransomware, destructive code or any other element intended to disrupt normal operation of the platform
• using YachtFlow in connection with illicit, fraudulent activities, activities contrary to public order or infringing third-party rights, in particular in matters of intellectual property, personal data protection or unfair competition.

In the event of violation of these provisions, CKC-Net reserves the right, without prejudice to any other action or remedy, to immediately suspend all or part of access to the Service, to terminate the contract at the Client’s sole fault and, where applicable, to take any legal action to obtain compensation for the damage suffered.

This clause does not prejudice the rights recognised to the Client by applicable mandatory legal provisions, in particular those relating to software interoperability where such provisions apply.

As part of the continuous improvement of the Service, CKC-Net reserves the right to evolve, supplement, modify, replace, suspend or remove certain features, interfaces, operating modes or graphic elements of the platform, without such changes constituting a breach of contract provided they do not undermine the essential features of the Service.

Certain features may be offered on an experimental basis, in early access, in beta version or deployed progressively to a limited number of Clients or Users in order to assess their relevance, stability or ergonomics before possible general deployment.

These experimental features are provided without guarantee of availability, stability, sustainability or compatibility with all of the Client’s environments.

They may be modified, improved, limited, suspended or withdrawn at any time, with or without notice, without the Client being able to claim any compensation or hold CKC-Net liable.

The Client acknowledges that a feature temporarily made available to them, whether experimental or not, creates no vested right to its maintenance, its evolution in a particular direction or its deployment to all users of the platform.

CKC-Net may also choose to deploy certain changes progressively, in a differentiated or targeted manner according to Client categories, subscribed plans, usage profiles, specific needs or identified technical constraints.

The Client acknowledges that not all users of YachtFlow necessarily benefit, at the same time, from the same features or the same changes.

This continuous improvement approach constitutes an essential element of the Service and contributes to its permanent evolution for the benefit of all its users.

The Client undertakes to use YachtFlow in accordance with its intended purpose, in compliance with these General Terms and Conditions of Sale, the Terms of Use and applicable laws and regulations.

The Service is designed to meet the normal professional needs of players in the yachting sector.

The Client undertakes not to implement use likely to compromise the performance, availability, security or proper functioning of the platform, whether for themselves, for other Clients or for YachtFlow’s technical infrastructure.

The following are in particular considered abusive or non-compliant uses, without this list being exhaustive:

• excessive use of Service resources, in particular through an abnormal volume of requests, API calls, exports or automated imports
• use of unauthorised robots, scripts or automated processes likely to generate abnormal load on the platform
• use of YachtFlow as general-purpose storage or for purposes unrelated to its business purpose
• circumvention of technical or functional limitations implemented by CKC-Net
• any use having the effect of degrading the performance, stability or security of the platform or disrupting normal use of the Service by other Clients.

In the event of detection of manifestly excessive, abnormal use or use likely to harm proper functioning of the Service, CKC-Net may take any reasonable measure aimed at preserving quality of the Service, in particular:

• informing the Client of the situation observed
• temporarily limiting certain features or certain technical flows
• asking the Client to adapt their use of the Service
• suspending all or part of access in the event of proven risk to security or stability of the platform.

Where possible, CKC-Net shall always favour a collaborative solution with the Client before any restrictive measure.

However, in the event of immediate risk to security, integrity or availability of the Service, CKC-Net may intervene without notice in order to protect the entire platform and its users.

Any limitations implemented in this context are intended exclusively to guarantee the quality, stability and security of the Service for all Clients.

They shall not give rise to any compensation where they are justified by manifestly abusive use or use incompatible with normal operation of the platform.

CKC-Net undertakes to provide the Service with all the care, professionalism and technical means reasonably expected of a professional software publisher.

The obligations incumbent upon it constitute an obligation of means and not an obligation of result.

CKC-Net does not in particular guarantee the total absence of Service interruption, the absence of anomalies, or the suitability of the Service to a specific need that has not been expressly agreed between the Parties.

The Client remains solely responsible for the use they make of the Service, exploitation of the information they record therein, decisions taken on the basis of data available in YachtFlow and the commercial, financial, legal or operational consequences that may result.

The Client is also responsible for management of their access, confidentiality of their users’ credentials, security of their IT equipment, Internet connection and performance of exports they deem necessary in addition to backup mechanisms implemented by CKC-Net for operation of the Service.

Under no circumstances may CKC-Net be held liable for:

• damage resulting from non-compliant use of the Service or use contrary to these General Terms and Conditions of Sale or the Terms of Use
• consequences related to misconfiguration carried out by the Client or by a third party
• interruptions or malfunctions resulting from telecommunications networks, third-party services used by the Client or events reasonably beyond CKC-Net’s control
• consequences of a cyberattack, an unknown vulnerability at the time of the events, force majeure or, more generally, an event reasonably beyond its control
• any loss or alteration of data attributable to the Client, a third party or non-compliant use of the Service.

Decision support, automation, analysis or artificial intelligence features offered by YachtFlow are intended exclusively to assist users in their activities.

They never replace professional judgement.

The Client remains solely responsible for decisions taken on the basis of information, recommendations or content generated by the platform.

Subject to applicable mandatory legal provisions, CKC-Net may under no circumstances be held liable for indirect, intangible or consequential damage, in particular loss of revenue, loss of profits, loss of business, loss of commercial opportunities, loss of clientele, damage to reputation, loss of data, loss of anticipated savings or any other economic loss suffered by the Client.

In any event, except in the case of gross negligence, wilful misconduct or where the law provides otherwise, the total amount of CKC-Net’s liability, for all causes combined and for all damage suffered in respect of the same contractual year, is expressly limited to the amount excluding tax actually paid by the Client for their subscription during the twelve (12) months preceding the event giving rise to the damage.

No liability action may be brought by the Client more than one (1) year after occurrence of the event giving rise to the damage, unless otherwise required by mandatory law.

Neither Party may be held liable for non-performance or delay in performance of any of its obligations where such non-performance results from force majeure within the meaning of Article 1218 of the French Civil Code and French case law.

The following may in particular constitute force majeure, without this list being exhaustive: natural disasters, fires, floods, armed conflicts, terrorist attacks, epidemics or pandemics, decisions of public authorities, nationwide social movements, widespread failures of telecommunications or Internet networks, major power outages, unavailability affecting essential infrastructure providers, as well as any large-scale cyberattack or any other event beyond the control of the Party concerned, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures.

The Party invoking force majeure undertakes to inform the other Party as soon as possible of the occurrence of this event and its foreseeable consequences on performance of its obligations.

Throughout the duration of force majeure, affected obligations are suspended without such suspension giving rise to liability on the part of either Party or entitling them to any compensation.

The Party concerned undertakes to implement all reasonable means to limit the consequences of this event and to resume normal performance of its obligations as soon as possible.

If force majeure were to continue for more than sixty (60) consecutive days and permanently prevent performance of the contract, each Party may terminate it automatically by written notice to the other Party, without compensation on either side.

Amounts corresponding to subscription periods already performed or already due remain acquired by CKC-Net.

In connection with provision of the Service, CKC-Net is authorised to use any provider, subcontractor or technical partner of its choice to perform all or part of the services necessary for proper functioning of the platform, in particular in matters of hosting, cloud infrastructure, backup, system monitoring, security, payment processing, email sending, communication, maintenance or any other technical service.

CKC-Net remains solely responsible, vis-à-vis the Client, for proper performance of services entrusted to its subcontractors, within the limits set out in these General Terms and Conditions of Sale.

Where services entrusted to a subcontractor involve processing of personal data, CKC-Net ensures selection of providers offering sufficient guarantees in terms of security, confidentiality and compliance with applicable regulations, in particular the General Data Protection Regulation (GDPR).

The Client acknowledges that certain processing or certain data may be entrusted to specialised providers where this is necessary for normal operation, security or improvement of the Service.

Unless the Client objects in writing, CKC-Net is authorised to include the Client’s trade name, company name and/or logo among its commercial references, in particular on its website, presentations, communication materials or any other document intended to promote the Service.

This use is intended solely to indicate that the Client uses or has used the YachtFlow platform and does not authorise communication about the terms of the collaboration, Client data or any confidential information.

The Client may, at any time, object to this use, whether before any publication or subsequently, by simple written request to CKC-Net.

In such case, CKC-Net undertakes not to publish or to remove the Client’s name and/or logo from its future communication materials within a reasonable period.

Such request does not entitle the Client to any compensation and does not affect materials already distributed before its receipt.

CKC-Net reserves the right to amend these General Terms and Conditions of Sale at any time, in particular to take account of developments in the platform, services offered, applicable regulations, industry practices or any technical or commercial development.

The version in force of the General Terms and Conditions of Sale is that published on the YachtFlow website, accompanied by its update date and, where applicable, its version number.

The new General Terms and Conditions of Sale apply from their publication and apply to any new subscription as well as to subscription renewals occurring after their entry into force.

The Client is invited to regularly consult the latest version of the General Terms and Conditions of Sale available on the YachtFlow website.

Amendments to these General Terms and Conditions of Sale shall not have the effect of undermining rights definitively acquired by the Parties in respect of subscription periods already performed.

These General Terms and Conditions of Sale are governed by and construed in accordance with French law.

In the event of a dispute relating to their interpretation, performance, validity, termination or, more generally, to the contractual relationship between CKC-Net, as publisher and operator of the YachtFlow platform, and the Client, the Parties undertake to seek, in the first instance, an amicable solution.

Failing amicable agreement, any dispute shall be brought before the competent courts in accordance with ordinary law rules.

Where the Client has contracted as a merchant, express and exclusive jurisdiction is assigned to the courts competent within the jurisdiction of CKC-Net’s registered office, including in the event of multiple defendants, third-party proceedings, emergency proceedings or interim relief, unless otherwise required by mandatory law.

These General Terms and Conditions of Sale, supplemented by the characteristics of the Plan selected by the Client at the time of online subscription and, where applicable, by documents expressly incorporated into the subscription process, constitute the entire agreement between CKC-Net and the Client concerning provision of the Service.

Online subscription, together with acceptance of these ToS, determines in particular the chosen Plan, billing frequency, number of Users, any options subscribed to and the applicable price.

In the event of a contradiction between these ToS and the specific characteristics of the Plan expressly presented and accepted by the Client at the time of subscription, the latter prevail for the specific elements concerned only, in particular price, duration, billing frequency and included features.

If any provision of these ToS were declared null, illegal or unenforceable, the other provisions would remain fully applicable.

The Parties would then endeavour to replace the provision concerned with a valid provision producing effects as close as possible to the original intention.

The fact that one Party does not rely, at a given time, on a breach by the other Party of any of its obligations shall not be interpreted as a waiver of the right to rely on it subsequently.

The titles of articles and sub-articles are inserted to facilitate reading of these ToS and shall not affect their interpretation.

The Client may not assign or transfer all or part of their subscription, the contract or their rights and obligations without the prior written agreement of CKC-Net.

CKC-Net may transfer all or part of the contract in connection with a restructuring, merger, sale of business, universal transfer of assets, change of control or transfer of the YachtFlow activity, subject to continuation of the contractual obligations applicable to the Service.

Certain features of YachtFlow may enable the Client to activate or use services, software, APIs or integrations provided by third parties.

These services are operated under the responsibility of their respective publishers and may be subject to their own contractual terms.

The Client remains responsible for their activation and compliance with the conditions applicable to them.

CKC-Net does not guarantee the availability, continuity or sustainability of third-party services.

Any modification, restriction or discontinuation of a third-party service may result in adaptation, suspension or removal of the corresponding integration in YachtFlow, without this constituting a breach of contract by CKC-Net, provided this situation is reasonably beyond its control.

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