GENERAL TERMS OF USE APPOINTMENT EXTENSION MODULE (PLUGIN)

The Lodago company has developed a plug-in that can be applied to any CRM software that is compatible with this module, allowing the recipient of an email to make an appointment directly within an email without leaving his inbox.

This plug-in consists of a software that can be used as an application that can be accessed remotely as a service, through the Internet online, in Saas mode ("Software as a Service").

The User wished to subscribe to a Subscription granting him a right to use this extension module in return for the payment of a monthly fixed fee. The User acknowledges, by subscribing to any Subscription to the Application Services :

  • To have received prior to the contractual relationship with Lodago these Terms and Conditions as well as all useful and detailed information on the technical and organizational characteristics but also the limits and feasibility of the proposed Application Services as well as any necessary warnings relating to the use of Lodago Application Services.
  • To have had the pre-contractual information allowing him to freely choose the Application Services, it being specified that the information provided by Lodago to the User is general in scope and is limited to what users generally want for a situation similar to the User. The Application Services are in fact composed of a standard software package designed to satisfy the greatest number of users and not a software specifically developed for the User, Lodago cannot therefore guarantee its adaptation to the specific needs of each User.

The User agrees to be bound by the terms of these Terms and Conditions when subscribing to the Application Services. Any access or use of the Application Services by the User implies automatic acceptance by the User of these Terms and Conditions.

Article 1. Definitions

The terms below shall have in these general conditions of use the meaning given by their following definition (regardless of whether the word is singular or plural):

Subscription: means any personalized quote issued by Lodago or any subscription made by the User directly online on the website of Lodago on the page dedicated to subscriptions and allowing the User to benefit from the Application Services under the terms of these Terms and Conditions in return for the payment of a monthly fee paid by him.

Anomaly: means any defect in the Application Services whose anomaly is located in the source code of the Application Services. Any error, non-conformity and/or malfunction not located in the source code of the Application Services does not constitute a defect.

General Terms and Conditions: means these general terms and conditions of use including its annexes, namely: Annex 1: Policy for the processing of Users' personal data and Annex 2: Subcontracting of personal data.

Internet: refers to all interconnected networks, which are located in all regions of the world.

Software: means the extension module, plugin, in the form of object code, and its associated documentation allowing the making of appointments directly in an email, its interfaces and its possible settings.

New Version: means all the changes made to the Application Services concerning the functionality of the Application Services.

Parties : refers to Lodago and the User.

Royalty: means the monthly fee due by the User for the right to use the Application Services.

Lodago : refers to the company Lodago, a limited liability company, whose registered office is located at 9 rue du Laboratoire, L-1911 Luxembourg, Grand Duchy of Luxembourg, registered in the Trade and Companies Register of the Grand Duchy of Luxembourg under number B157869.

Application Services: means the service offered in SaaS mode ("Software as a Service") by Lodago allowing the use of the Software by the User and by which a right to use the Software is granted to the User under these Terms and Conditions.

User : means the subscriber of a Subscription, who benefits from the Application Services under the terms of these Terms and Conditions.

Article 2. Owner, Publisher and Host of the Application Services (including the Software)

The owner and publisher of the Application Services and the Software is the company:

Lodago

Limited liability company with a capital of 12500 euros

Registered office: 9 rue du Laboratoire, L-1911 Luxembourg, Grand Duchy of Luxembourg,

Registered in the Trade and Companies Register of the Grand Duchy of Luxembourg under the number B157869,

E-mail: contact@lodago.com

Phone: 00035228487466

The Director of the Publication is: Mr Mustafa SENHAJI,

The Host of the Application Services is the company: Amazon.

Article 3. Purpose

The purpose of these Terms and Conditions is to define the conditions under which Lodago grants the User a personal, non-exclusive, non-transferable right to use and non-transferable right of use of the Application Services for the duration of the Subscription and for the whole world, under the conditions developed below.

The right of use is non-exclusive, Lodago remains free to grant to third parties rights similar to those granted to the User or to proceed to a direct exploitation of the Application Services.

Article 4. Scope of application

These Terms and Conditions apply to any Subscription taken out by a User in order to benefit from the Application Services. Any Subscription to benefit from the Application Services implies express acceptance by the User of these Terms and Conditions, and the waiver, by this fact, to the application of its own contractual conditions. In the event that several contractual documents are drawn up and approved between the Parties, these General Terms and Conditions shall prevail over any other contractual document, unless Lodago expressly agrees otherwise in writing and subject to the provisions of Article 5 of these General Terms and Conditions.

The User's general terms and conditions or any other similar document, enacted or usually used by the User, are not opposable to Lodago.

The information and data contained in Lodago's communication media, in particular websites, digital media, catalogs, brochures or price lists, are provided for information purposes only.

Lodago reserves the right not to apply one or more clauses of these General Conditions without this being interpreted as a waiver of the right to invoke them subsequently.

Article 5. Contractual documents

The contractual relations between the Parties are governed by the following documents:

  • The Subscription
  • The present General Terms and Conditions (including its annexes)

In the event of contradiction between one or more provisions in any of these documents, the higher level document shall prevail.

Article 6. Subscription

The User chooses on the website of Lodago freely and under his sole responsibility the desired options of the Application Services (in particular according to the features and the number of users of the Application Services) and subscribes online the Subscription according to the options thus selected.

In case of specific request, Lodago may issue a preliminary estimate that specifies the duration of the Subscription and the amount of the Fee. The rates mentioned in any quotation are firm and final. All quotes are valid for a period of thirty (30) days from the date of issue. The User's firm and unconditional acceptance of the quote within the validity period is equivalent to a Subscription.

Article 7. Duration

The Subscription and these Terms and Conditions come into force on the day of the effective and full payment of the first Royalty.

The Application Services are made available to the User in the form of a right of use, according to the conditions set out in these Terms and Conditions, within a maximum period of ten (10) days from the date of full and effective payment of the first Royalty.

Unless otherwise agreed between the Parties, all Subscriptions are concluded for an initial period of one (1) month. At the end of this initial period, the Subscription (and these General Terms and Conditions applicable to any Subscription to the Application Services) shall be renewed by tacit agreement for periods of the same duration as the initial period (i.e. one month, it being specified that if the Subscription is taken out during a month that does not have the same day of the month following the date of subscription of the Subscription, the Subscription shall be taken out for a period extending to the last day of the month following the date of subscription of the Subscription [For example: the Subscription taken out on 31 March of year N lasts until 30 April of year N], unless either Party objects to this tacit renewal by e-mail or, in the case of the User, by using the unsubscribe form in his online account and giving eight (8) calendar days' notice [For example: the subscription concluded on February 10 of year N lasts for one month, until March 10 of year N and is tacitly renewed on the 10th of each month until opposition from one of the parties subject to a notice period of eight (8) calendar days. Thus, the subscription will be tacitly renewed until September 10th if the objection reaches the other Party before September 2nd. Otherwise, if the objection is notified between September 2 and October 2, the non-renewal will take effect on October 10.] Failure to comply with these forms or deadlines shall renew the Subscription and these General Terms and Conditions between the Parties for the same term as the initial term. In the event of renewal, the provisions of these General Terms and Conditions shall be renewed in their entirety with the exception of the Royalty which shall be that in force on the date of renewal.

Article 8. Fees

The right to use the Application Services is granted at the price and according to the payment terms indicated in the Subscription or in case of tacit renewal at the price and according to the payment terms in force on the day of the tacit renewal.

The price corresponds to a fixed monthly Fee, the first Fee of which is due on the day of the Subscription subscription, then in the event of tacit renewal of the Subscription, each successive Fee is due on the day of the current month that corresponds to the day of the month of the initial subscription of the Subscription. Thus, for example, if the Subscription is taken out on February 5 of year N, the first Royalty is due on February 5 of year N, and subsequent successive Royalties will be due on the 5th of the following month until tacit renewal is opposed.

The following in particular are excluded from the Fee:

  • Telecommunication and Internet access costs, which remain the responsibility of the User;
  • Technical assistance services;
  • Any training services;
  • Options not subscribed to by the User;
  • In general, all services not provided for between the Parties.

All prices quoted to the User are exclusive of tax and in particular exclusive of VAT. The fee will be increased by VAT at the rate in force on the day of invoicing.

The User shall be fully liable for all taxes, duties or stamps, customs fees, in any third country and which would be related to the subscription of the Subscription.

All invoices are payable upon receipt and generated after validation of the full and effective payment of the Royalty by the User. If the User fails to pay within the time limit set, Lodago will give the User formal notice to honor its payment obligation within a maximum period of eight (8) calendar days from the date of sending the registered letter. Moreover, the said notice of default gives the right to the application of the legal interests in force and this without any other formality than the non-payment by the User of the invoice issued within eight (8) days following the sending of the registered letter summoning the User to proceed to the payment. Finally, Lodago reserves the right to terminate the Subscription without delay and without prior notice in case of non-payment of the Fee.

Article 9. Late payment penalties

Without prejudice to the stipulations of the article "Fees" of the present General Terms and Conditions, and without the need for a prior formal notice other than the registered letter mentioned in the article "Fees", any delay in payment will automatically lead to the application of a penalty equivalent to 15% of the amount of the related invoice, excluding VAT. The contractual relationship may be terminated by operation of law to the detriment of the User without delay and without formality. The amount of one or more invoices due and not paid will remain due as well as the interests and the penalties of delay.

Article 10. Access to the Application Services

CRM Prerequisites

The Application Services can only be used if the Software (plugin) is available in the CRM marketplace used by the User.

Network access to the Application Services

Lodago provides the User with the Application Services accessible on its server via the Internet. It is free to select the server and host of its choice.

Connection to the Application Services by the User

In order to use the Application Services, the User must comply with the following procedure:

  • create an online account on the Lodago application,
  • pay the Subscription Fee (i.e. the first payment, then the successive payments of the Subscription Fee),
  • and connect his calendar which must correspond to a Calendar of the services offered by Google Calendar or Outlook.

At all times, the User is required to access the Application Services in good technical conditions (hardware, software, telecommunications) to ensure all safeguards and protection against possible intrusions in the Application Services.

Availability of the Application Services

Lodago undertakes to implement effective controls to provide reasonable assurance that the User can access and use the Application Services 24 hours a day, 7 days a week, subject to:

  • Interruption of telecommunications services.
  • Interruptions necessary for the proper functioning of the Application Services, in particular for maintenance. The Application Services may be occasionally suspended due to maintenance interventions necessary for the proper functioning of the servers or the platform of Lodago. Except for emergencies, maintenance interventions are carried out on working days from 06:00 to 08:00 and from 20:00 to 23:00 CET (Central European Time).

These interruptions do not give rise to any compensation and Lodago cannot be held responsible for the possible impact of this unavailability on the User's activities.

Access to the Application Services may also be restricted by Lodago which reserves the right to block for security purposes access to the Application Services from unidentified or suspect terminals.

Article 11. Right to use the Application Services

These Terms and Conditions grant the User, for the duration of the Subscription and for the whole world, a personal, non-exclusive, non-assignable and non-transferable right of use of the Application Services limited to the personal, exclusive and internal needs of the User to enable him to make available to his customers an appointment booking by e-mail, excluding any other purpose.

The right of use is the right to represent and implement the Application Services only in accordance with their purpose, in SaaS mode via a connection to an electronic communications network and in compliance with the provisions of the article "Intellectual Property" of these Terms and Conditions.

The Application Services remain the full and exclusive property of Lodago. These Terms and Conditions do not give the User any material or intellectual property rights on the Application Services, other than those mentioned herein General Conditions and, in any case, within the limits stipulated in the article "Intellectual Property" of these General Conditions.

Article 12. Maintenance

Lodago provides corrective maintenance of the Application Services following any anomaly found that prevents normal operation of the Application Services.

A telephone support service to deal with the Anomalies is available from Monday to Friday from 09:00 to 18:00 CET (Central European Time). Anomaly reports must be confirmed by email to Lodago without delay.

Lodago will diagnose the Anomaly and then implement its correction according to the procedure and timeframe of its choice.

Lodago is in no way responsible for corrective maintenance in the following cases (which is not a limitative list):

  • Refusal of the User to collaborate with Lodago in the resolution of the Anomalies and in particular to answer questions and requests for information;
  • Use of the Application Services in a manner that does not comply with their purpose;
  • Unauthorized modification of the Application Services by the User or by a third party;
  • Failure of the User to meet any of its obligations under these Terms and Conditions;
  • Implementation of any software package, software or operating system not compatible with the Application Services;
  • Use of incompatible consumables;
  • Failure of electronic communication networks;
  • Voluntary act of degradation, malice, sabotage;
  • Deterioration due to force majeure or misuse of the Application Services.

The corrective maintenance is exclusive of any modification of the functionalities of the Application Services.

The right to use the Application Services applies to the version as they exist on the day the User subscribes to the Subscription. The subscription to the Subscription does not automatically imply a right to use any New Version of the Application Services, unless otherwise agreed in writing between the Parties.

If the User wishes to obtain a New Version, it will be his responsibility to subscribe to a new Subscription which may result in the collection of additional fees depending on the version of the Application Services requested. These Terms and Conditions shall apply in the same terms to any New Version.

Article 13. Technical support

A technical support service for the Application Services (allowing to deal with questions other than those related to Anomalies) is available to the User during working hours from 9:00 am to 6:00 pm CET on working days from Monday to Friday.

Any technical assistance will be charged in addition according to Lodago's financial terms.

Article 14. Hosting of the Application Services and Security

Lodago provides hosting of the Application Services and data transmitted when using the Application Services. The hosting is done in the cloud on secure hosting servers. Lodago strives to secure access and use of the Application Services, taking into account the protocols and in accordance with the practices in this area.

Article 15. Contents

All data belonging to the User and used by the latter in the context of the use of the Application Services are and remain the sole property of the User. Lodago will not be able to claim any right on these data. Lodago can only process them under the order and direction of the User in order to obtain the results desired by the User.

The User remains solely and entirely responsible for this data (in particular for the quality, lawfulness and relevance of this data) and for the compliance of this data with all legal provisions, including the applicable laws on intellectual property, image rights and personal data protection. If such data includes personal data, the User warrants to Lodago that it has carried out all of its obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as of 25 May 2018 ("RGPD") and that it has informed natural persons of the use made of such data.

Lodago is only the subcontractor of such data and its obligations are limited to those set out in Appendix 2 Subcontracting of personal data processing of these General Terms and Conditions. In any case, the User guarantees Lodago against any recourse, complaint or claim from third parties in respect of the data transmitted or used by him/her when using the Application Services.

Article 16. Intellectual property

The intellectual property rights on Lodago's trademarks, the Application Services, all software and source codes and all works belong to Lodago which only agrees to grant a limited use of them for the purpose of any Subscription allowing to benefit from the Application Services. Lodago remains the sole owner of all intellectual property rights of trademarks, Application Services, all software and source codes and all works used in the Application Services (including, but not limited to, software, logos, presentations, videos, texts, sounds, voices, databases and content), the User has only a personal, limited, non-exclusive, non-transferable and non-transferable right to use these elements for his personal needs. The User is prohibited from Consequently, any reproduction or exploitation, even partial, of these elements without the express, written and prior authorization of Lodago.

The Application Services, consisting of software, are an original work of the mind protected as such by national and international laws. The User acknowledges the rights of Lodago on the Application Services and undertakes not to contest these rights and not to tolerate any action or act that may prejudice these rights. In this regard, the User agrees to maintain intact the copyright and other intellectual property or industrial titles on the Application Services and on any reproduction of the Application Services in whole or in part.

The User acknowledges that he is only authorized by Lodago to use the Application Services within the limits of the intellectual property rights granted to him below, namely:

a) The right to reproduce and use the Application Services on computers located on the User's premises only for loading, displaying, running and storing the Application Services,

b) The right of permanent or temporary reproduction of the Application Services only for backup or archiving purposes.

Except in the cases referred to in the preceding paragraph, the User is therefore strictly forbidden to reproduce, represent or implement permanently or temporarily the Application Services in whole or in part, by any means and in any form, including when loading, displaying, executing, transmitting or storing the Application Services.

The User shall not distribute, translate, adapt, alter, arrange or modify the Application Services, export them, merge them with other software, make them available to third parties, market them or lend them.

Lodago expressly reserves the exclusive right to intervene on the Application Services, in particular to correct errors or anomalies and, if necessary, the right to use the most appropriate means to correct these errors or anomalies. In any case, the User is strictly forbidden to intervene or have a third party intervene on the Application Services, including to correct any errors.

The User may not decompile, translate the object code of the Application Services into source code, themselves or have it done by a third party, except in cases and limits strictly defined by law.

The User is prohibited from:

  • Copy the Application Services, the source code as well as the explanatory notes and documentation without the prior written consent of Lodago.
  • Distribute or sell the Application Services, the source code or the documentation in association with another product that would be a competitor without the prior agreement of Lodago.
  • Transfer the Application Services, the source code or the documentation related to it without the prior agreement of Lodago.
  • Use the Application Services or the source code in a way that could damage the image of Lodago or any third party.

The User shall not disclose in any form the delivered Application Services, nor any modifications or derivative works based on the Application Services to third parties without the prior written consent of Lodago.

The Customer agrees to respect the proprietary notices appearing on the Application Services, the media or documentation, not to change or remove any mark or inscription appearing on any reproduction of the Application Services or on any media.

If the use of the Application Services by the User has, in accordance with the legislation in force in a country, granted a property right or any other right to the benefit of the User, the User undertakes, upon request and at the expense of Lodago, to transfer or to have transferred the rights and titles thus granted in the name of Lodago.

The User acknowledges that these Terms and Conditions only grant him the right to use the Application Services. Accordingly, it shall acquire the necessary rights of use and / or exploitation of other software implemented in any program or suite of programs containing the Application Services.

If the User is requested to provide all or part of the Application Services to a third party, the User will not accept this request and will refer to Lodago in writing.

The User agrees not to perform any processing or computer services for third parties using the Application Services.

The User agrees not to attempt to register or use as a trademark, design or model, or any other intellectual property right, company name, trade name or domain name a sign that includes the trademarks, company name, trade name or domain name belonging to Lodago or contained in the Application Services or a sign similar to the trademarks, company name, The User agrees to not use any sign that includes the trademarks, corporate name, trade name or domain name owned by Lodago or contained in the Application Services or a sign similar to the trademarks, corporate name, trade name or domain name owned by Lodago or contained in the Application Services or confusing with the trademarks, corporate name, trade name or domain name owned by Lodago or Application Services, either directly or indirectly through third parties, in any country whatsoever, and this during the execution of the Subscription as well as during the ten (10) years following its expiry or its termination, regardless of the reason for the latter.

The User agrees not to use a sign with similar or identical characteristics to the trademarks, corporate name, trade name or domain name belonging to Lodago or Application Services, as a trademark, name or any other title, in countries for which these Terms and Conditions or any future amendments do not grant the User the right to use the Application Services.

The User agrees not to acquire or claim any right or title to the Application Services or their operation, because of the rights of use granted by these Terms and Conditions, at any time of such use, during the execution of the Subscription and for ten (10) years after its expiration or termination, the intention of the Parties is that the operation of the Application Services by the User benefits at all times and on all occasions Lodago.

Article 17. Warranty

The Application Services contain a standard software package designed to satisfy the largest number of users and not a software specifically developed for the User. Therefore, Lodago cannot guarantee the adaptation of the Application Services to the specific needs of the User.

Lodago does not grant any warranty, except for the material existence of the Application Services, its existence as a legal person and its underlying right on the Application Services. Lodago therefore assumes no warranty other than those mentioned in these Terms and Conditions and in particular:

  • It is not able to guarantee the continuity of the Application Services, performed remotely via the Internet, which the User acknowledges. The User is aware of the technical hazards inherent in the Internet, and the access interruptions that may result and recognizes the limitations of any connection to the Internet network that may slow down access to the Application Services. Consequently, Lodago will not be held responsible for any unavailability or slowdown of the Application Services. In addition, it is the User's responsibility to respect the volume thresholds recommended by Lodago. The User acknowledges that it is not possible to guarantee that the Application Services will meet performance or profitability requirements or that they will operate without discontinuity, bugs or errors.
  • It does not assume any warranty regarding hidden defects of the Application Services.
  • It does not grant any warranty of eviction. Lodago declares that it is not aware of any rights belonging to third parties (including copyright or patent rights) other than those it holds on the Application Services.

In any case, any warranty is excluded in the case where:

  • The User has not complied with the recommendations of Lodago or if he intervened himself or had a third party intervene on the Application Services.
  • The Application Services are combined with any other software or, in general, application.

No warranty of Lodago is due concerning the physical medium used by the User for the use of the Application Services.

Article 18. Limitation of liability

Lodago undertakes to do everything in its power to ensure optimal conditions for the Application Services, except in the event that an interruption of the Application Services is expressly requested by an administrative authority or competent jurisdiction.

Lodago can only be held to an obligation of means. It can only be held liable in case of proven fault by the User and only for direct and foreseeable damage.

In the event that Lodago is held liable for proven fault following an irrevocable court decision, the User and Lodago agree that whatever the nature, basis and terms of the action taken against Lodago, the total and cumulative amount of damages that Lodago could be required to pay to the User is limited, all events considered, to the sums actually received by Lodago for the Subscription or in case of non-payment by the User for any reason whatsoever, limited to five percent (5%) of the Royalty paid (excluding VAT).

Lodago will not be held responsible for:

  • For any unforeseeable damage and/or any indirect damage suffered by the User. Constitutes in particular (without this list being exhaustive or limiting) unforeseeable or indirect damage any deprivation of enjoyment of the Application Services, commercial disturbance, operating loss, loss of profit, loss of turnover, financial return, loss of earnings, loss of market, loss of customers, loss of data, loss of files, interruption of use or availability of data, increases in costs and expenses, including the cost of reconstituting a file or any action brought by a third party against the User.
  • Any damage caused to third parties or suffered by third parties and in particular any damage suffered by third parties because of the content hosted by the Application Services, which the User has sole control.
  • Any damage caused to property separate from the Application Services.
  • The result obtained by the User when integrating the Application Services to its own computer infrastructure.
  • Any consequential or non-consequential damages caused in whole or in part by any software installed, repaired or developed by third parties or by the User himself.

Lodago further disclaims any liability:

  • As to the misuse or misapplication of the Application Services, and any possible immaterial, material or physical damage that this may cause.
  • Relative to the accidental loss of data due to the initiative of the User, or any other damage, physical or material that the User and / or its employees, subcontractors, customers and partners except in case of gross negligence of Lodago.
  • Against third parties due to the use or purely commercial exploitation of the Application Services by the User. The User agrees to indemnify Lodago in the event of legal action or any other penalty or pecuniary damage against Lodago and resulting from the commercial use of the Application Services by the User.

In any case, Lodago cannot be held liable in case of:

  • Fault, negligence, omission or default of the User or a third party, non-compliance with the advice given.
  • Force majeure, event or incident beyond the control of Lodago (such as a stop of hosting, Internet access failure, hacking of the site, viruses, intrusions or illegal use of the User's login and password, unless it is demonstrated that they result from a failure of Lodago in the security of the Application Services, total or partial interruption or blockage of telecommunications networks or electricity, act of computer hacking, ...)
  • Disclosure or unlawful use of the password given confidentially to the User.

Article 19. Confidentiality

The User agrees, throughout the duration of the Subscription to the Application Services and without limitation of time after its expiration, for any reason whatsoever, to the utmost confidentiality, by not disclosing, directly or indirectly, any information, data, knowledge or know-how whatsoever concerning Lodago and the operation of the Application Services, to which he could have had access in the context of the use of the Application Services, unless said information, knowledge or know-how have fallen into the public domain or their disclosure is made necessary by virtue of a particular regulation or an administrative or judicial order.

Article 20. Protection of personal data

The Parties undertake to comply with all legal obligations incumbent upon them with regard to the applicable provisions on the protection of personal data and, in particular, the European Regulation 2016/679 of April 27, 2016, which entered into force on May 25, 2018 (the "RGPD").

Taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing carried out by the Parties as well as the risks, the degree of probability and seriousness of which varies, for the rights and freedoms of natural persons, the Parties undertake to implement appropriate technical and organizational measures in order to guarantee a level of security appropriate to the risk.

Any processing of the User's personal data will be carried out in accordance with the personal data protection policy attached as Appendix 1.

In addition, Lodago acts as a personal data processor concerning the data of third parties transmitted by the User during the use of the Application Services or to which Lodago would have access in the context of the use of the Application Services by the User. Lodago undertakes in particular to comply with the obligations of Articles 28 and 29 of the RGPD. These data will be processed in accordance with the stipulations included in Annex 2 of these General Terms.

Article 21. Assignment of rights

The right to use the Application Services is granted "intuitu personae" to the User, none of these rights may be transferred (in whole or in part) by the User without the prior written consent of Lodago.

Article 22. Subcontracting

The User acknowledges that Lodago is free to use the subcontractors of its choice to perform all or part of the Application Services.

Article 23. Force majeure

Lodago cannot be considered in default if the execution of its obligations, in whole or in part, is delayed or prevented by a situation of force majeure.

Force majeure is understood as an external, unforeseeable and irresistible event.

In case of force majeure, Lodago is authorized to suspend partially or entirely the execution of its obligations during the whole duration of the event constituting force majeure, and this without obligation of compensation of the User.

Article 24. Reference

Lodago can mention the name and/or brand of the User on a reference list for internal and external communication purposes.

Article 25. Miscellaneous

If any provision of these Terms and Conditions is declared null and void, particularly by virtue of a law, regulation or judicial decision, it will be deemed unwritten but the other provisions of these Terms and Conditions will nevertheless remain in force.

Article 26. Title

In case of difficulty of interpretation between any of the titles and any of the clauses of these General Conditions, the content of the clause will prevail over the title.

Article 27. Applicable law

The present contractual relationship is exclusively governed by Luxembourg law as well as by the provisions of the RGPD.

Article 28. Jurisdiction clause

The courts of Luxembourg have exclusive jurisdiction for any dispute relating to the execution or interpretation of any contract concluded between Lodago and the User, as well as relating to any element having a direct or indirect link with said contract.

Article 29. Entry into force

These Terms and Conditions are applicable to any new Subscription concluded from June 1st, 2021.