1. Presentation

• Cycle App Inc., a Delaware corporation having its registered office at 490 Post Street, Suite 640, San Francisco, CA 94102, United States (the "Company")
• Software: Cycle (the "Software")
• Service: the provision of the Software (the "Service")
• Website: www.cycle.app (the "Website")

2. Formation

2.1. These terms and conditions (the "Terms and Conditions") apply to the agreement (the "Agreement") entered into between the Company and the customer (the "Customer") and through which the Company provides the Customer with the Service. The Company and the Customer are individually referred to as a "party" and collectively as the "parties" to the Agreement.

2.2. All publicly displayed pricing and features of the Service (e.g. online or on informative brochures) are provided for information purposes only. Only the pricing and features included in the offer communicated to the Customer may be binding to the Company.

2.3. The Customer accepts the offer for the Service, as the case may be, by accepting in writing or by sending back a signed purchase order issued by the Company or by confirming in writing to the Company (including by email) that the Customer subscribes to the offer for the Service.

2.4. By accepting the offer, the Agreement enters into force, the Customer consents to the application of the Terms and Conditions and waives the application of any conflicting provisions of any purchaser terms and conditions or any other document emanating from the Customer which, in the absence of this article, would conflict with the Terms and Conditions. However, the provisions that would be applicable by virtue of mandatory legal rules to which the Customer is subject (such as, for example, public procurement rules) prevail over the provisions of the Terms and Conditions.

3. Service

3.1. The Company undertakes to use its best efforts corresponding at least to what the Customer is entitled to expect from a professional in the field to provide the Service with quality and speed.

3.2. If the Company offers the hosting of the data on the Software, the Company excludes any guarantee regarding the level of availability, backup and restoration of such data.

4. Intellectual Property

4.1. Throughout the term of the Agreement, the Company grants to the Customer, in exchange for the payment of the price, a non-exclusive, non-transferable and non-licensable worldwide license to use the Software and limited to the functionalities to which the Customer has subscribed, subject to payment in full of the price by the Customer and subject to compliance by the Customer with its obligations under the Agreement.

4.2. The Customer refrains from:

• modifying, reproducing, copying, borrowing and distributing all or part of the Software outside the normal use of the Software's functionalities to which the Customer has subscribed;
• creating derivative works based in whole or in part on the elements present in the Software outside the normal use of the Software's functionalities to which the Customer has subscribed;
• reversing the design or assembly or in any other way attempting to find the source code of all or part of the Software;
• sub-licensing or transferring in any way any rights relating to the Software.