GENERAL TERMS AND CONDITIONS OF USE OF THE AMEDEE OAK APPLICATION- AMEDEE company
22 route du Parc, 16200 Les Métairies, France
SASU with a capital of €421,360, registered 791 077 829 at the Nanterre Trade and Companies Register
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PREAMBLE
These General Terms and Conditions of Use ("GTU") govern the use of the mobile application "AMEDEE OAK" (hereinafter referred to as "the Application"), published by the company AMEDEE, a simplified joint-stock company with a single partner with a capital of €421,360, whose registered office is located at 22 route du Parc, 16200 Les Métairies, France, registered at the Nanterre Trade and Companies Register under number 791 077 829 (hereinafter referred to as "the Publisher").
The Application is a free oenological calculation tool intended for wine professionals (oenologists, winemakers, sommeliers, restaurateurs). It offers three tools: Decisions & Dosage (oak dosage), Tank Ageing (SO2 parameters), Barrel Ageing (park audit, profiles, regeneration).
The use of the Application implies full and unconditional acceptance of these GTU. If the User does not accept the GTU, they must immediately stop using the Application and uninstall it.
ARTICLE 1: DEFINITIONS
1.1 "Application": AMEDEE OAK mobile application distributed via the Apple Inc. App Store and, subsequently, Google Play Store.
1.2 "User": any natural or legal person who has downloaded and installed the Application.
1.3 "Publisher": AMEDEE company.
1.4 "Content": all texts, calculations, recommendations, illustrations, brands and logos accessible via the Application.
1.5 "Data": information entered by the User in the Application.
ARTICLE 2: PURPOSE
These Terms of Use aim to define the conditions under which the Publisher makes the Application available for free and the conditions under which the User agrees to use it.
ARTICLE 3: ACCESS AND CONDITIONS OF USE
3.1 The Application is compatible with iOS 15.0 and later versions. The User is solely responsible for the compatibility of their device and any connection fees (initial download only, the Application then works offline).
3.2 The Application is provided free of charge. No in-app purchases or subscriptions are required.
3.3 The Application does not require any user account, registration, or profile creation. Use is inherently anonymous.
ARTICLE 4: OPERATION AND LIMITATIONS
4.1 The calculations provided by the Application are indicative estimates based on public scientific models (sources OIV, ISVV Bordeaux, INRA) and the proprietary expertise of AMEDEE. They cannot replace the oenological analysis conducted by a qualified professional on the actual wine.
4.2 The Publisher explicitly recommends that for any decision impacting the quality of a wine intended for marketing, prior tests should be conducted and a certified oenologist should be consulted.
4.3 The Application works entirely offline after download. The data entered by the User (calculation history, preferences) is stored locally on their device only.
4.4 The Application contains links to the Publisher's e-commerce sites (www.amedee-oak.fr/shop and amedee.us/shop). The use of these sites is governed by their own terms and conditions and privacy policies.
4.5 The Publisher makes its best efforts to ensure the availability of the Application but does not guarantee uninterrupted availability.
ARTICLE 5: INTELLECTUAL PROPERTY
5.1 The trademark "AMEDEE®" and its logo are the exclusive property of the company AMEDEE. Any unauthorized reproduction constitutes an infringement punishable by Articles L.713-2 and following of the Intellectual Property Code.
5.2 All content of the Application (texts, illustrations, calculation models, proprietary scientific database, ergonomics, code) is protected by copyright and remains the exclusive property of the Publisher.
5.3 The Publisher grants the User a personal, non-exclusive, non-transferable, and revocable license to use the Application. This license does not permit reproduction, modification, distribution, or commercial exploitation of the content, reverse engineering, extraction of the scientific database, or the creation of derivative works.
ARTICLE 6: PERSONAL DATA
The Application does not collect, store, or transmit any personal data to the Publisher or third parties. All data entered by the User remains stored locally on their device. The details of the processing are specified in the Privacy Policy available at www.amedee-oak.fr/privacy. The Publisher complies with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French law no. 78-17 of 6 January 1978 as amended.
ARTICLE 7: LIABILITY
7.1 The Publisher cannot be held responsible for decisions made by the User based on the estimates provided by the Application, the consequences of inappropriate use, indirect or immaterial damages (loss of revenue, clientele, image degradation), or technical failures of the User's device or third-party services.
7.2 The Application is provided free of charge and for informational purposes, the Publisher's liability is limited to the strict minimum permitted by applicable law.
7.3 The User acknowledges having sufficient professional qualifications to interpret the estimates of the Application, to use it under their sole responsibility, to verify the suitability of the recommendations to their actual production context, and to fully assume the oenological, commercial, and financial consequences of decisions made based on the Application.
ARTICLE 8: OENOLOGICAL REGULATORY COMPLIANCE
The Application incorporates the current European regulatory ceilings as of the publication date, notably Regulation (EU) 2019/934 of 12 March 2019 (Annex I-B) for conventional wines and Regulation (EU) 2021/1165 of 15 July 2021 (Annex II) for organic wines. The User is invited to verify the compliance of their practices with the regulations in force in their country of production and marketing.
ARTICLE 9: MODIFICATIONS OF THE TERMS OF USE
The Publisher reserves the right to modify these Terms of Use at any time. The applicable Terms of Use are those in effect at the date of use of the Application. The most recent version is available at www.amedee-oak.fr/cgu. Continued use after notification constitutes acceptance of the new Terms of Use.
ARTICLE 10: SUSPENSION AND TERMINATION
The User may stop using the Application at any time by uninstalling it from their device. The Publisher may suspend or withdraw access to the Application for any User who violates these Terms of Use, attempts to undermine the operation of the Application, or engages in misuse.
ARTICLE 11: APPLICABLE LAW - DISPUTES
11.1 These Terms of Use are governed by French law.
11.2 For consumers residing in the European Union, in accordance with Article 17 of Regulation (EC) No. 44/2001 and the provisions of national consumer law, the consumer may choose to bring proceedings in the courts of their place of residence or in the courts of the location of the Publisher's registered office.
11.3 For professionals, in the event of a dispute, and prior to any legal action, the parties will endeavour to find an amicable solution. Failing that, any dispute will fall under the exclusive jurisdiction of the Commercial Court of Nanterre.
11.4 The consumer User may also resort free of charge to the Business Mediator (General Directorate for Enterprises - Ministry of Economy): https://www.economie.gouv.fr/mediateur-des-entreprises or to the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/.
ARTICLE 12: MISCELLANEOUS PROVISIONS
12.1 If any provision of these Terms of Use is found to be null or unenforceable, the other provisions shall remain in effect.
12.2 The fact that the Publisher does not invoke, at any given time, one of the provisions of the Terms of Use shall not be interpreted as a waiver of the right to invoke it later.
12.3 These Terms of Use are written in French. In the event of a translation, only the French version shall prevail.
12.4 For any questions: info@amedee-oak.fr or by post: AMEDEE - 22 route du Parc, 16200 Les Métairies, France.
LEGAL NOTICE
Publisher: AMEDEE
Legal form: Simplified joint-stock company with a single shareholder (SASU)
Share capital: €421,360
Registered office: 22 route du Parc, 16200 Les Métairies, France
RCS: Nanterre 791 077 829
SIREN: 791 077 829
EUID: FR9201.791077829
VAT number: FR71791077829
Publication director: Stéphane Radoux, President
Email: info@amedee-oak.fr
Application host: Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA
Website host: OVH SAS, 2 rue Kellermann, 59100 Roubaix, France
Version V0.01.000 — Effective from the publication on the App Store