privacy policy & terms

Last updated: [August 10, 2022]

Introduction

This Personal Data Protection Policy (the “Policy”) is intended to provide you with information about how RAISEGEN, (hereinafter referred to as “RAISEGEN”, “we”, “us”, “our”) collects, shares and processes the personal data of users of the RAISEGEN website and technology platform (“Client”, “you”, “your”).

We offer our customers matchmaking investment services that we carry out on behalf of our customers, consisting of bringing together professional investors and real estate professionals in order to offer the latter financing opportunities in the form of debt and/or equity, for the realization of their projects, as well as all related services that may be offered by the Service Provider to Customers in connection with the use of the Platform, such as the preparation of business plans, memorandums and presentations of real estate projects, the preparation of financing applications to potential lenders and the provision of information and indicators relating to real estate projects offered on the Platform (the “Service”). This Service is offered via the Internet site (the “Site”) and the technological platform accessible on the RAISEGEN Site (the “Platform”) available online at the following link:

https://raisegen.com. For more details on the Service offered by RAISEGEN, please refer to our General Conditions of Use available on the Site at the following link: (https://raisegen.com/cgu/).

This Policy explains how and for what purposes we process your personal data. We will only process your personal data in accordance with the applicable law to which we are subject, in particular the General Data Protection Regulation (EU 2016/679) (hereinafter referred to as the “GDPR”) and other applicable laws of the jurisdiction in which you reside. As such, all terms used in this Policy are defined by the GDPR. This Policy also sets out the rights you can exercise and how you can contact us to answer your questions.

We act as the controller of your personal data. We undertake to collect only the data strictly necessary for the performance of our Service and to process it lawfully, fairly and transparently.

How we use your personal data

As part of our Service, we collect the following categories of personal data directly from you on the Site and the Platform accessible from the Site:

Identity and contact details of the person concerned (for example: marital status, surname, first name, telephone number, e-mail address, number and copy of an identity document, site connection identifiers, computer traces of connections and operations or requests carried out, IP address);

Professional status (e.g. profession, sector of activity, identity and contact details of employer, level of remuneration);

Banking and financial data (e.g. information on operations carried out, value of assets – banking, financial -securities- and real estate assets, debts and receivables-, principal or beneficiary of operations, actual beneficiary of an operation, analysis and communication of business plans, memorandums, presentation of real estate projects);

Location data (e.g. for use of the Platform).

On what legal grounds and for what purposes we collect your personal data

Depending on the tasks and activities concerned, we collect your personal data on the following grounds:

The performance of the Service: the performance of a contract to which you are a party or the performance of pre-contractual measures taken at your request;

Consent when required: for example, cookies placed on our Site, commercial prospecting carried out by e-mail to potential customers or site users;

The legitimate interest of our Service: for example, professional commercial prospecting sent to users registered on the Platform, the security of the Site’s and Platform’s IT tools.

The personal data available on the Site and Platform are used for the following purposes:

KYC analysis of your banking and financial data;

Preparation of business plans, memorandums, real estate project presentations

For communication purposes:

Users browsing the Site (“Users”);

Users registering on the Platform and completing the registration form (“Prospects”).

Response to requests and complaints from Users on the Site;

Compliance with legal and regulatory provisions in force, such as banking and financial regulations;

Establishing, exercising or defending RAISEGEN’s interests in court for evidentiary purposes.

How we collect your personal data

We collect your personal data directly from you on the Site and Platform and from the information you share with us on the RAISEGEN Site and Platform available at the following link https://raisegen.com.

We present all the categories of personal data and processing carried out in the following summary table:

Categories of data Purpose Legal basis

Identity and contact details of data subject KYC analysis Contractual performance

Identity and contact details of data subject Commercial prospecting (non-professional) / Professional commercial prospecting Consent / Legitimate interest

Professional situation KYC analysis Contractual performance

Banking and financial data KYC analysis Contract execution

Location data Geolocation service Consent

Accounting and tax obligations KYC analysis Legal obligations

Security of tools Operation of the Site and Platform Legitimate interest

Cookie management Digital strategy Consent

Cookies and similar technologies

We use technical, functional and management cookies on our website.

When using cookies, we process data about you in our capacity as data controller. The data collected is essential for achieving the objectives pursued by each cookie. It is solely intended for the Service provided by RAISEGEN.

The legal basis for the processing is your consent, which you may withdraw at any time. In fact, the recording of cookies during your visit to our Site and/or Platform is carried out according to the choices and options you have expressed or may express at any time in accordance with this policy.

Personal data collected via cookies is never kept longer than is necessary to achieve the purpose of each category of cookie.

Subcontractors

Your personal data may be shared with third parties who process this data on our behalf, for example IT service providers and/or external subcontractors, who act on our instructions and to the extent necessary to perform their services.

Contractual provisions are established to ensure that these subcontractors are only authorized to process data in accordance with our instructions and for the purposes determined, as explained in this Personal Data Protection Policy, and to require these subcontractors to implement appropriate technical and organizational security measures.

Your rights

In accordance with the provisions in force, you have one or more of the following rights, depending on the basis on which your personal data is processed:

You have the right to request access to your personal data. As such, you have the right to obtain information about the processing of your data and to receive a copy of the personal data we hold about you and to verify that we are processing it lawfully (art. 15 of the GDPR).

You have the right to request rectification of the personal data we hold about you and thus to rectify any incomplete or inaccurate information we hold about you (art. 16 GDPR).

You have the right to erasure of your personal data. You have the right to request the erasure and deletion of any personal data insofar as we have no reason to continue processing it. To the extent that the continued processing of your personal data is necessary, for example in order for us to comply with our legal obligations or for legal requirements to be established, enforced or defended, we are not obliged to delete your personal data (Art. 17 GDPR).

You have the right to object to the processing of your personal data on grounds relating to your particular situation, to personal data being processed or used for commercial prospecting purposes and urges you to object to processing on this basis (art. 21 (1) and art. 21 (2) of the GDPR).

You have the right to request the restriction of the processing of your personal data. This allows you to obtain, in certain cases, that the data retained is no longer processed and you can, for example, ask us to suspend the processing of your personal data if you wish us to establish their accuracy or the reason for processing them (art. 18 of the GDPR).

You have the right to the portability of your data, to retrieve the data provided and where processing permits, to pass it on to another data controller (art. 20 of the RGPD).

You have the right to define directives relating to the fate of your personal data after your death (article 48 Loi Informatique et Libertés).

You have the right to withdraw your consent at any time when processing is carried out on the legal basis of consent.

You are informed of the data collected, the purposes and legal bases of the processing, the retention periods, your rights and the collection documents on the pages of the RAISEGEN site and in the present Privacy Policy.

We take our obligations to protect personal data seriously. In this respect, you may exercise your rights by sending your request to RAISEGEN in accordance with the procedures defined for each processing operation, by completing the contact form available on the Site: [insert direct link to contact form available on the Site], or by making a request by e-mail to the following address: [insert e-mail address]. If you make a request to us, we will reply as soon as possible and within 30 days at the latest.

You also have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (the “CNIL”). You can contact the CNIL via its website at the address indicated or by post at the following address:

CNIL

Service des Plaintes

3 Place de Fontenoy TSA 80715

75334 PARIS CEDEX 07

Data transfer

We use Google Cloud Platform, a web-system solution whose servers are located in the EU (Germany, Belgium, France) to store your personal data.

Retention period

As data controller, we store your personal data in accordance with the defined purpose of processing, i.e. for the duration of the contractual relationship and the time required to perform the operation or provide the Service, and until the revocation of your consent when processing is based on it. We retain your data until the expiry of the applicable statute of limitations and archiving periods.

Once the purpose of processing your personal data has been achieved, your data will be stored in an intermediate archive, for the sole purpose of complying with a legal obligation or ongoing legal proceedings.

Data security

We have implemented appropriate technical and organizational measures to guarantee a level of security appropriate to the risk and to prevent the loss, use, misuse, unauthorized access, alteration or disclosure of your personal data. To this end, personal data is encrypted when stored.

In addition, we have limited access to your personal data primarily to RAISEGEN employees and any service providers who have a relevant and reasonably necessary need to access your personal data in order to carry out their work and who have undertaken to respect an obligation of confidentiality or who are subject to a legal obligation of confidentiality.

RAISEGEN is responsible for processing your personal data.

We have appointed a Data Protection Officer [HASSAN Alexandre, contact@raisegen.com].

If you have any questions or comments about this Privacy Policy, you can also write to the following address:

RAISEGEN

13 Bis Avenue de la Motte Picquet,

75007 Paris,

France

E-mail address of the Data Protection Officer: [contact@raisegen.com].

Changes to this Policy

We may make changes to this Privacy Policy at any time. In the event that we make changes to this Privacy Policy, only the current applicable version will be available on our site.

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Updated on 11.08.2022) (ENGLISH VERSION)

Preamble

Raisegen, a société par actions simplifiée with capital of 70. 000.00 euros, registered in the Paris Trade and Companies Register under number 910 884 493, whose registered office is located at 13 Bis Avenue de la Motte Picquet – 75007 Paris, represented by Mr Alexandre Hassan, in his capacity as Chairman (“Raisegen” or the “Provider”), offers its Customers Services (as described in Article 1 hereof) via the “Raisegen” website available online at the following link: https://raisegen.com (the “Platform”).

It is expressly recalled that this Platform is made available exclusively to legal entities, professional investors or real estate professionals, to the exclusion of any consumer, as defined by the preliminary article of the French Consumer Code, or non-professional buyer. In accordance with article L. 441-1 of the French Commercial Code, these general terms and conditions of use and sale (the “GCU”) constitute the sole basis of the commercial relationship between the Parties. Their purpose is to define the conditions under which Raisegen provides Customers with Services via the Platform. By creating an account on the Platform, the User declares that he/she has read, understood and accepted, without reservation, the present Terms and Conditions which apply without restriction or reservation to all Services provided by Raisegen via the Platform. Customers may contact Raisegen at any time at the following address: admin@raisegen.com.

Definitions

“Customer” refers to a Professional Investor or Real Estate Professional who requests a Service via the Platform.

“CGU” refers to these general terms and conditions of use.

“Intellectual Property Rights” means any intellectual property right relating to any development or computer program, website, invention, creation, sign or other element of a Party that is the subject of (i) a patent application, a patent, or (ii) a trademark, a domain name, or (iii) registered as a design or model, or (iv) likely to be protected by copyright (or any equivalent protection under another legal system), by database law or by any other intellectual or industrial property right, or (v) likely to constitute a protectable know-how or process, in particular in the context of an action for unfair competition.

“Professional Investor” means a professional, legal entity, (i) a professional investor within the meaning of articles 314-4 et seq. of the general regulations of the Autorité des Marchés Financiers and (ii) any credit institution or finance company within the meaning of the French Monetary and Financial Code, any private debt fund and, more generally, any person authorized by the applicable regulations to lend funds to third parties on a regular basis.

“Engagement Letter” means the contract to be entered into between the Client and Raisegen determining the pricing and specific terms of the Services requested by the Client from Raisegen.

“Onboarding” refers to the registration procedure on the Platform described in article 7 of these GCU.

“Parties” means a Customer, a User or Raisegen.

“Platform” has the meaning ascribed to it in the Preamble.

“Services” refers to the matchmaking investment services provided by Raisegen on behalf of its Clients, consisting of bringing together professional investors and real estate professionals in order to offer the latter financing opportunities in the form of debt and/or equity, for the realization of their projects, as well as all related services that may be offered by the Service Provider to Customers in connection with the use of the Platform, such as the preparation of business plans, memorandums, real estate project presentations, the preparation of financing applications to potential lenders and the provision of information and indicators relating to real estate projects offered on the Platform.

“Service” refers to the services offered by the Provider via the Platform.

“Onboarding” refers to the registration procedure on the Platform described in article 7 of these GCU.

“Parties” may refer to a Customer, a User or Raisegen.

“Platform” has the meaning ascribed to it in the Preamble.

“Service” refers to the services offered by the Provider via the Platform.

“Real Estate Professional” refers to any individual or legal entity involved in real estate, construction or property development.

“Territory” means the entire world with the exception of the following states and territories: Belarus, Burundi, Democratic Republic of Congo, North Korea, Guinea-Bissau, Guinea, Iran, Iraq, Libya, Mali, Myanmar, Russian Federation and the territories of Crimea and Donetsk, Somalia, Sudan, South Sudan, Syria, Venezuela, Yemen, Zimbabwe.

“User” means any individual or legal entity browsing and using the Platform.

Purpose of the GCU

The purpose of these GCU is to define, in the Territory, exclusively for the relationships established on the Internet network and solely on the Platform, the rights and obligations of the Parties arising from the performance of the Services. All Users undertake to comply, without restriction or reservation, with these GCU, whether they visit the Platform or request the provision of a Service by the Service Provider.

The Customer must read these GCU before requesting any Service. The main characteristics of the Services are set out in article 6 of these GCU. It is the Customer’s responsibility to take this into account before requesting a Service. The present GCU are accessible at all times on the Platform and are systematically communicated to any Customer who so requests. In the event of subsequent modification, the version of the GCU applicable to the Services requested by the Customer is that in force on the Platform on the date of conclusion of an Engagement Letter relating to the Services concerned. The conclusion of an Engagement Letter by the Customer implies full and unreserved acceptance of the GCU.

Letter of Engagement

Prior to the performance of any Services, the Client shall enter into a Letter of Engagement with Raisegen, summarizing the Services requested by the Client as well as the pricing conditions and any special conditions that may be applicable to the Client.

The Client acknowledges that Raisegen has the right to derogate in whole or in part from these GCU in the Engagement Letters, which constitute special conditions within the meaning of article L. 441-1 of the French Commercial Code.

Geographical area and access to the Platform

The Platform is available in the Territory in English. The raisegen.com website is accessible in the Territory in French and English.

Information relating to real estate projects developed on the Platform is accessible in the language in which it was entered by the Real Estate Professional at the origin of the project.

In principle, the Platform is accessible to Users every day, 24 hours a day, at all times, except in the event of voluntary or involuntary interruption, in particular for maintenance purposes or in the event of force majeure. As Raisegen is bound by an obligation of best endeavor, it cannot be held liable for any damages of any kind resulting from the Platform’s unavailability.

Non-compliance with the General Terms and Conditions of Use and Sale

In the event of non-compliance with the obligations arising from acceptance of these TOS, incidents of payment of the price of a Service, delivery of erroneous information during the Customer Onboarding procedure or acts likely to harm the interests of Raisegen or any other User, the Provider reserves the right to suspend access to the Platform to any User. Raisegen also reserves the right to refuse to contract with a Client who has been excluded or sanctioned for acts contrary to these GCU.

Raisegen shall have the right to terminate any Letter of Engagement entered into with a Client, without prior notice, in the event of non-payment of Services under the conditions set forth in article 10 of the GCU.

The User acknowledges that in order to use the Platform, the User must be either a Professional Investor or a Real Estate Professional, which any Client warrants to Raisegen, this element being determinant of Raisegen’s consent in the conclusion of any Engagement Letter with a Client.

Services

Raisegen offers its Clients, via the Platform, a matchmaking service between Professional Investors and Real Estate Professionals. Real Estate Professionals seeking financing for their real estate projects can present their projects on the Platform, so that Professional Investors can contact them to invest in said projects.

In addition, Raisegen offers related services to support its Clients in the completion of investment transactions in real estate projects, to assist them in the preparation and drafting of financial documents, presentation materials, memorandums and any communication documents.

Each real estate project is the subject of a detailed presentation on the Platform to enable investors to make their investment choices. The elements of this presentation are provided by Clients to Raisegen, which is not responsible for their content or accuracy.

Onboarding and use of the Platform

Before being able to propose a real estate project on the Platform or access the list of investment proposals in real estate projects, the User must either create an account on the Platform with a password or log in using a Google account.

As part of the account creation procedure, the User will be asked to enter his/her surname, first name (for legal entity Users, the User will be asked to enter the identity of the contact person within the entity whom Raisegen may contact if necessary) and an e-mail address. After creating an account, the User must then complete a compliance questionnaire (Know Your Customer) and, for Real Estate Professionals, a presentation of the real estate projects for which they wish to find financing via the Platform, so that (i) for Real Estate Professionals, their projects can be proposed on the Platform to Professional Investors and (ii) for Professional Investors, the latter can have access to the list of real estate projects proposed on the Platform. The User must, after creating an account and before being able to access the Platform, enter into an Engagement Letter with Raisegen. The Letter of Engagement must summarize the list of Services subscribed to by the Customer with the Service Provider, as well as the pricing conditions.

The Service Provider shall not be held liable for any errors in the information entered by the Customer, nor for any consequences thereof in terms of liability or error in the performance of the Services, as the Service Provider is not in a position to verify the completeness or accuracy of the information entered, which may subsequently be communicated to other Users.

Contractual information relating to the Services is presented in English. The conclusion of a Letter of Engagement implies acceptance of the entirety of these GCU and constitutes proof of the contract for the provision of services between Raisegen and the Client.

The Service Provider reserves the right to suspend or terminate the provision of any Service, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Platform or with whom there is a dispute relating to the payment of a previous Service.

Raisegen may grant the Client price reductions, discounts and rebates.

Raisegen’s remuneration will be due, for the retainer fee, from the conclusion of the Engagement Letter and for the success fee, from the conclusion of any contract, within the meaning of article 1101 of the Civil Code, or any unilateral promise within the meaning of article 1124 of the Civil Code or any synallagmatic promise, or any agreement of will, even under suspensive condition, between the Professional Investor (resp. the Real Estate Professional) and a Real Estate Professional (resp. a Professional Investor).

The Client undertakes to inform Raisegen regularly of the progress of any negotiations with another User. The Client shall inform Raisegen in writing of the conclusion of any agreement with another User likely to render payment of the success fee due, no later than five (5) working days after the conclusion of such agreement (unless otherwise stipulated in the Engagement Letter). The Customer must indicate in his notification whether he considers that such agreement is likely to render the success fee payable.

In the event of disagreement between the Parties as to the qualification retained by the Customer as to the payability of the success fee, the Parties undertake to discuss in good faith in order to find a qualification agreeable to all Parties.

If no agreement has been reached within ten (10) working days of notification by the Customer, the Parties agree to appoint an expert independent of all Parties and competent in the legal field, who will rule within twenty (20) working days to determine whether the agreement reached renders the success fee payable. In the event of disagreement between the Parties over the appointment of the expert, the most diligent Party will refer the matter to the President of the Paris Commercial Court, ruling under the accelerated procedure on the merits and without possible appeal, for the purpose of appointing an expert. The Parties may notify the expert of their observations, and the Customer acknowledges that he/she will be required to provide the expert with a copy of the disputed agreement, so that the expert may make his/her decision. The expert’s conclusions will be binding on the Parties, except in the case of gross error.

Terms of payment

The pricing and payment terms for the Services are stipulated in the Engagement Letters.

Payment for the Services shall be made by bank transfer to the bank details provided by the Service Provider, within thirty (30) days of issue of the invoice for the Services.

In the event of total or partial non-payment of the Services by the date agreed on the invoice, the Customer shall pay the Service Provider a late payment penalty equal to the legal interest rate plus ten (10) percentage points. In addition to late payment penalties, any sum, including the deposit, not paid on the due date by the Customer will automatically give rise to the payment of a flat-rate penalty of forty euros (€40) due for collection costs.

The penalty due by the Customer is calculated on the amount of the remaining sum due, exclusive of tax, and runs from the due date of the price without the need for a prior formal notice. Payments made by the Customer shall not be considered final until actual receipt of the sums due by the Service Provider. In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend the performance of Services in progress carried out for the Customer.

Liability

Raisegen’s liability to the Customer is expressly limited to the performance of its contractual obligations. Raisegen shall only be liable to the Customer (to the exclusion of any other natural or legal person) under the TOS, for foreseeable and direct damages that are exclusively attributable to it, to the exclusion of indirect damages. In any event, whatever the basis of the claim, Raisegen’s liability for all damages is limited to the total amount of the Services invoiced to the Customer. The Parties acknowledge that the above limitations of liability do not deprive each Party of its essential obligation.

The Client acknowledges that for the purposes of these GCU, any loss incurred by a Client in connection with an investment transaction carried out through the Platform shall constitute indirect damage for which Raisegen shall not be liable.

In particular, the Client acknowledges that Raisegen is not in a position to verify the accuracy and truthfulness of information provided by other Users, Raisegen merely collects information on the projects of real estate professional Clients, as well as information that may be required as part of Know Your Customer compliance processes. Raisegen provides its Clients with performance and summary indicators relating to the various real estate projects offered on the Platform. The Client acknowledges that these indicators are determined on the basis of the data provided by other Users and that consequently these indicators do not exempt the Client from carrying out its own risk analyses according to the criteria that are best suited to its situation. Raisegen makes these indicators available to its Clients for information purposes only.

The Client acknowledges that the various information provided by Raisegen through the Platform does not exempt the Client from carrying out its own analysis, its own verifications, its own audits (whether legal, financial, fiscal or operational) and its own requests for information from any other User.

Furthermore, the Customer acknowledges that Raisegen is a third party to any transaction entered into through the Platform with any other User, the Customer remaining free to enter into or not to enter into contracts through the Platform and to freely negotiate the content thereof. Consequently, Raisegen shall not be held liable for the conduct of negotiations between Customers, the conclusion of any contract between Customers, the performance of such contracts or for any damage that may be caused to the Customer in this context, or for any contractual or extra-contractual liability in this context.

Termination

In the event of a sufficiently serious breach by one Party of its obligations under these GCU or any Engagement Letter, the other Party shall be entitled to terminate the service contract binding them under the Engagement Letter, within 10 calendar days of sending a written formal notice to the defaulting Party, by e-mail, registered letter with acknowledgement of receipt, courier or hand-delivery, unless otherwise stipulated.

In the event of non-payment or breach of the rules governing use of the Platform, termination will take effect as soon as the formal notice is sent.

The Parties further acknowledge that the concealment by Users of the conclusion of an agreement making payment of all or part of the remuneration due to the Service Provider due, constitutes a sufficiently serious breach under the terms of these GCS, entitling the Service Provider to request termination of the Engagement Letters binding it to such Users, such termination being valid only for the future and in no way modifying the Users’ obligation to pay success fees.

Intellectual Property Rights

All elements of the Platform, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by Intellectual Property Rights. Any total or partial reproduction of the elements accessible on the Platform is strictly forbidden and will expose the offender to civil and criminal prosecution. Raisegen is the owner of all Intellectual Property Rights attached to (i) the Platform and its component elements, and holds the required licenses, and (ii) the concepts and editorial content used and/or distributed on the Platform. In general, no provision of these GCU may be interpreted as conferring on the Customer, expressly or implicitly, any right whatsoever (under the terms of a license or by any other means) to the names, trademarks, acronyms, logos and other distinctive signs of Raisegen. The Client is therefore prohibited from reproducing or exploiting the studies, illustrations, presentations and photographs offered on the Platform without the express, written and prior authorization of Raisegen, which may make such reproductions or authorizations subject to financial consideration. Raisegen retains all Intellectual Property Rights that may be developed during the performance of the Services.

Modification of the GTCU

Raisegen reserves the right to modify the Platform, the TOS as well as the Onboarding procedure or other elements of the Services. The modification of the GCU will come into effect from the date indicated on the Platform.

Miscellaneous

Independence of the Parties. Each of the Parties does not act under these GCU as a commercial agent or business partner of the other Party. Neither Party may claim to third parties that it has the authority to represent the other Party.

Invalidity and non-renunciation. If one or more stipulations of the GCU are held to be invalid or declared as such in application of an applicable law or regulation or following a final decision by a competent court, the other stipulations of the GCU shall not be affected and shall retain all their force and scope. The invalid stipulation(s) will be replaced by a valid stipulation(s) reflecting as far as possible the intention of the Parties and the economic purpose of the invalid stipulation(s). The fact that one of the Parties does not avail itself of the application of a clause of the GCU, whether permanently or temporarily, shall not be construed as a definitive waiver by that Party of its rights or remedies for the future.

Force majeure. Neither of the Parties shall be held liable for any failure to perform its obligations resulting from an event of force majeure in accordance with the legal provisions in force on the date of the occurrence of the damage.

Neither the Service Provider nor the Customer shall be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from an event of force majeure, within the meaning of article 1218 of the French Civil Code.

Raisegen cannot be held responsible for the unavailability, whether temporary or permanent, of the Platform, and although it uses its best endeavours to ensure that the service is always available, it may be interrupted at any time. In addition, Raisegen reserves the right, on a voluntary basis, to make the Platform unavailable in order to carry out any updating, improvement or maintenance operation.

Contingency. Each of the Parties declares, in view of the period of negotiations preceding the conclusion of the present agreement, that it expressly waives its right to avail itself of the provisions of article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, and undertakes to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable when the contract was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.

Proof. The Customer acknowledges the validity and probative value of electronic exchanges and recordings kept by Raisegen and accepts that these elements have the same probative value as a written document signed by hand in accordance with Law no. 2000-230 of March 13, 2000, adapting the law of evidence to information technology and relating to electronic signatures.

Change of control. In the event of a total or partial transfer of Raisegen’s business, the contracts binding the Customer and Raisegen and/or its successors and assigns shall remain binding between the Parties.

Substitution. Contracts entered into by Raisegen may not be assigned by the Customer without the prior written consent of Raisegen, except in the case of assignment to a person controlled or controlling the Customer within the meaning of article L. 233-3 of the French Commercial Code. Raisegen’s contracts, rights and obligations may in any event be assigned or transferred without the Customer’s prior consent.

Enforcement. The Parties agree that their respective commitments under the GCU shall, in the event of non-performance on their part, give rise to compulsory execution in kind, without prejudice to any additional damages that the other Parties may seek.

In addition, the Parties expressly waive the application of the end of article 1221 of the French Civil Code, whereby the creditor of an obligation may, after formal notice, pursue its performance in kind even if there is a manifest disproportion between its cost to the debtor and its benefit to the creditor.

Applicable law and jurisdiction

The GCU are governed by and shall be construed in accordance with French law.

IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE PARIS COMMERCIAL COURT SHALL HAVE EXCLUSIVE JURISDICTION, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, IRRESPECTIVE OF THE TYPE OF PROCEDURE OR ACTION, EVEN FOR EMERGENCY PROCEDURES OR PRECAUTIONARY PROCEDURES IN CHAMBERS OR BY PETITION.

Pre-contractual information – Customer acceptance

The customer declares that he is aware of these terms and conditions and waives the right to invoke any other document, in particular his own general terms and conditions of purchase. The Customer acknowledges that he has received all the information necessary to enable him to commit himself in full knowledge of the facts. The Parties acknowledge that they have communicated to each other all information of which they were aware and which they knew to be decisive for the consent of the other. The Customer acknowledges that he has been informed of the information required by article L. 441-2 of the French Commercial Code.

Liens Utiles

Coordonnées