General Terms of Service

These general terms of service (hereinafter referred to as "General Terms of Service" or "GTS") are intended to govern the relationships between:

The company NEVERHACK, a simplified joint-stock company (SAS), registered with the Versailles trade and companies register, under registration number 901 790 170 with a capital of 4 521 397,60 euros, whose head office is located at 2 avenue des Près, 78286 GUYANCOURT (hereinafter referred to as "NEVERHACK" or the "Provider"), on the one hand,

And,

Any natural person subscribing to one or more services offered by the Provider

(hereinafter referred to as the "Consumer"),

(Hereinafter together referred to as the "Parties").

Article 1. Purpose

The NEVERHACK group offers through its marketplace offers and services as described on the offers available on the site https://neverhack.com (hereinafter referred to as the "Service(s)" or "Service Provision(s)").

These General Terms of Service apply automatically to any service provision offered by NEVERHACK. Their purpose is to define the rights and obligations of the Parties within the framework of the service provision provided by the NEVERHACK group to the Consumer.

The Consumer declares having read the General Terms of Service and accepted them without reservation. Indeed, they are expressly accepted by the Client at the moment of subscription to the Contract on the site https://neverhack.com (hereinafter referred to as "the Site") via a checkbox. Regarding the applications that the BNERVERHACK group markets.

Article 2. Definitions

In these General Terms of Service, each term with a capital letter retains the definition assigned to it below:

1. "Service" or "Service Provision": Refers to any service or service provision offered by the NEVERHACK group.
2. "The Site": Refers to the website https://neverhack.com
3. "General Terms of Service": Refers to these terms.
4. "Contract": Refers to the offer subscribed to by the Client directly on the site https://hub.neverhack.com (i), these General Terms of Service including its preamble and annexes (ii), the invoice (iii) as well as any amendment, substitution, extension or renewal made to these by the parties convention (iv).
5. "Distance Contract": Refers to any contract concluded between a professional and a consumer, within the framework of an organized system of sale or provision of services from a distance, without the simultaneous physical presence of the professional and the consumer, by exclusive use of one or more distance communication techniques up to the conclusion of the contract.
6. "Consumer": Refers to a natural or legal person following article L.823-2 of the Consumer Code.
7. "Client": Refers to a natural or legal person.
8. "Force Majeure": Refers to an event beyond the control of one of the Parties, which could not reasonably be foreseen at the time of the conclusion of the Contract, whose effects cannot be avoided by appropriate measures, and which prevents the execution of the obligations of this Party.
9. "Parties": Refers to the Provider and the Consumer.
10. "Provider": Refers to NEVERHACK.
11. "Price": Refers to the unit value of the Service(s), this value is understood to be inclusive of all taxes (VAT included).
12. "Personal Data": Refers to the personal data processed in the context of the subscription of Service(s) by the Consumer, within the meaning of law no.78-17 of January 6, 1978, as amended (known as the "Data Protection Act") and the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (known as the "GDPR").

Article 3. Contractual Documents

The Contract consists of the following contractual documents presented in descending order of legal value: the offer subscribed online by the client on the hub and the CRM, these General Terms of Service, the related invoice. In case of contradiction between one and/or more provisions contained in any of these documents, the higher-ranking document shall prevail.

These documents include all the obligations of the Parties. Unless otherwise specified, all documents, catalogs, brochures, web pages, advertisements, and notices provided by the NEVERHACK group to the Client are for informational and indicative purposes only, non-contractual.

Article 4. Conclusion of the Contract

4.1. General Rules.

The subscription of the Service(s) offered by the NEVERHACK group is exclusively reserved for adults, emancipated minors, or any person, natural or legal, legally capable of subscribing to a contract.

NEVERHACK allows the client to subscribe to its offers directly online. The validation of the subscription of the online offer will correspond to the commencement of the contractual relationship.

It is specified that these General Terms of Service are communicated at the time of online subscription and were brought to the attention of the client who accepted them without reservation. Any request to modify Service(s) subscribed to by the Consumer must be submitted to the prior written acceptance of the NEVERHACK group.

In case of unavailability of the subscribed Service(s), attributed to the NEVERHACK group, the group proposes to the client the provision of equivalent Service(s) likely to replace it (them).

In case of refusal by the Client, NEVERHACK proceeds to reimburse the Consumer within thirty (30) days from the notification of this refusal.

4.2. Rules applicable to Consumer Clients and Distance Contracts.

NEVERHACK provides the client with a dated copy of the Contract confirming the express commitment of the Parties. The client expressly consents to the Contract being communicated on a durable electronic medium.

Article 5. Delivery of Service

5.1. Delivery Mode

Once the Consumer subscribes to an offer on the hub, an email is sent to them via the email address provided in the order form.

5.2. Delivery Email Address

NEVERHACK commits to deliver a Service in compliance with what is stipulated in these Conditions.

The Consumer chooses a necessarily verified delivery email address before validation of the order, under penalty of not receiving the Order confirmation. The client is solely responsible for a delivery defect due to a lack of indication at the Order.

5.3. Delivery Times

Delivery Times run from the date of confirmation of the Order by NEVERHACK. The Consumer receives their accesses after validation of their order. The Consumer is invited to check their spam if they do not receive the order confirmation email from NEVERHACK.

If not, the Consumer is invited to contact NEVERHACK to resolve the issue.

NEVERHACK commits to make every effort to execute the Service(s) subscribed to by the Consumer immediately after their subscription. In case of defect due to a technical problem, the Consumer will not hold it against NEVERHACK. For any questions related to service execution deadlines, refer to article 12.

Article 6. Right of Withdrawal for Distance and Off-Premises Contracts

In the case of conclusion of a Distance or Off-Premises Contract, the Consumer Client has a period of fourteen (14) days from the conclusion of the Contract to exercise their right of withdrawal, by email with acknowledgment of receipt or by registered letter with acknowledgment of receipt addressed to NEVERHACK. NEVERHACK will reimburse the Consumer for the Price of the Contract within fourteen (14) days of receipt by NEVERHACK of the withdrawal request. A withdrawal form is attached as an appendix to these terms.

Attention, under article L. 121-21-8 of the Consumer Code, the right of withdrawal cannot be exercised:

1. when the contract involves the provision of audio or video recordings or computer software and they have been unsealed by the Client after delivery;
2. when the contract involves the provision of digital content not supplied on a tangible medium, and its execution has begun after prior express agreement of the Client and express waiver of their right of withdrawal;
3. when the provision of Service(s) has been fully executed before the end of the withdrawal period and its execution began after prior agreement of the Client and express waiver of their right of withdrawal.

Also, following article L.221-25 of the Consumer Code, when the provision of Service(s) has begun to be executed before the end of the withdrawal period upon the prior express agreement of the Consumer, the latter will pay the NEVERHACK group an amount corresponding to the Service provided up to the communication of their decision to withdraw, this amount being proportional to the total price of the Service agreed in the Contract.

Article 7. Duration, Cancellation, and Termination

For subscribed offers with subscription

7.1. Duration of Commitment

The duration of Commitment is determined in each offer subscribed online by the Consumer on the Site, and the Consumer commits for the duration thus agreed, unless written agreement with the NEVERHACK group. At the end of this commitment, the subscription is renewed by tacit renewal. For termination rules, refer to article 7.4.

Credits purchased on the hub are not limited in time, provided that access to the platform by the account owner to which they are attached is made at least once during the rolling 24 months.

7.2. Cancellation of Service Provision(s)

The NEVERHACK group reserves the right to cancel a Service up to twenty-four (24) hours before the start of execution of the Service provision and informs the Consumer. Except in cases where the withdrawal period is applicable, the Consumer has the option to cancel a Service up to twenty-four (24) hours before the start of execution of the Service provision, subject to acknowledgment of receipt by NEVERHACK.

However, the cancellation cannot be requested by the client when the Contract involves the provision of a set of Service provisions and certain Service provision(s) have already been executed. Any cancellation by the Consumer of the Service not started within the expressed deadline above will result in the reimbursement of the price of the canceled Service as indicated on the offer subscribed online by the Consumer.

7.3. Termination of the Contract for Fault

In the event of breach by one of the Parties of one or the other of its obligations under the unexecuted Contract within a period of fifteen (15) days from a registered letter with acknowledgment of receipt addressed by the complaining Party, the Contract will be terminated automatically, without prejudice to any damages that may be claimed from the defaulting Party.

The client will remain liable for payment of Service(s) already executed, this amount being proportional to the total price agreed in the Contract.

Moreover, in case of termination following a breach by the client, the client cannot claim reimbursement from the Provider of amounts already paid.

7.4. Termination of a Contract concluded for an indefinite period

When the Contract is concluded for an indefinite period, the Consumer has the option to terminate the Contract within thirty (30) days from the notification by NEVERHACK informing the Consumer of a change in the Price of the Service(s).

1. For service provision offers, refer to the general conditions of sale – service provision, accessible
2. For xxxxxxx service offers

This contractual agreement between the subscriber and the NEVERHACK group establishes that the application modalities, rights, and obligations of the parties, as well as the procedures for cancellation and termination, will be exclusively regulated by the terms and conditions specified in the GTS address

Article 8. Price and Payment Terms

The Services are provided at the rates in effect on the day of the online subscription of the offer on the Site by the client and are expressed in euros, including all taxes (VAT included). The payment of the Price constitutes the consideration for the provision of Service(s) subscribed by the client.

The Price indicated on the Site is valid as long as it is displayed online. The Client has the option to pay the Price directly online on the Site by bank card payment via the payment service provider Stripe, and/or by bank transfer.

For online payments, the Contract is concluded via the hub, the payment is made at the time of subscription of a Service. It is specified that default and/or incident of online payment on the Site prevents the conclusion of the Contract.

For payments by bank transfer, the contract is concluded on the actual website.

Article 9. Delays and Payment Defaults

Any payment of the price not made ten (10) days after formal notice shall automatically bear interest at a rate equal to three (3) times the legal interest rate calculated prorata temporis, each month started being counted as a full month, and this without this clause preventing the application of article 13 of these regarding termination for breach of a party's obligations.

Our contracts with our providers include a part dedicated to Data protection, in compliance with applicable laws.

Article 10. Provider's Obligations

The offers available on the Site determine exhaustively the Service(s) subscribed by the Client.

The NEVERHACK group commits to implement all necessary means for the execution of the Service(s) subscribed by the Consumer. Furthermore, it undertakes to ensure:

1. 24/7 access to its products
2. the service provisions
3. the e-learning service as indicated on the offer at the time of subscription on the Site.
4. to make available the licenses provided by the group's partner publishers NEVERHACK
5. to provide the best care in completing its services and commits to devote the necessary means. NEVERHACK does not commit to guarantee results but means as indicated in article 13 of these GTS.

Article 11. Client's Obligations

The client commits to respond promptly to any request by the NEVERHACK group regarding the execution of the Service(s). The client acknowledges that their involvement and collaboration are necessary for the proper execution of the Contract. Any delay or lack of diligence by the client will entitle the NEVERHACK group to provide the subscribed Service(s) without the client's validation, and without this initiative constituting a fault of NEVERHACK. The fact that the NEVERHACK group does not reproach the client for poor execution of their obligations, particularly regarding a delay in payment of the price, will not constitute a fault of the NEVERHACK group either.

The client declares to respect the following commitments, notably to:

1. Actively collaborate with NEVERHACK by providing the necessary information for the execution of the subscribed Service(s);
2. Maintain the confidentiality of all information and documents they may hold as a result of executing the Contract;
3. Immediately inform the NEVERHACK group in the event of a network internet outage or malfunction preventing access to our online services or in the event of a change of connection email address;
4. Keep under their sole responsibility and for the sole use(s) provided for in the Contract, access to the subscribed Service(s) materialized by a hypertext connection link, for example;
5. Keep under their sole responsibility and for the sole use(s) provided for in the Contract, the content communicated by the NEVERHACK group covered by intellectual property rights held by them or third parties;
6. Keep under their sole responsibility and for the sole use(s) provided for in the Contract, the content communicated and produced by NEVERHACK;
7. Not record, broadcast, and/or capture, without the prior express authorization of NEVERHACK, any audio and/or video content provided by NEVERHACK as part of the Service(s).

Article 12. Service Execution Deadlines

NEVERHACK commits to making every effort to execute the Service(s) subscribed by the Consumer, but is not bound by any deadline obligation unless otherwise specified in the online offer description on the Site.

When a deadline is mentioned, it is only indicative and without guarantee. The exceeding of this deadline cannot give rise to any retention, compensation, or termination of the Contract by the client.

Article 13. Liability

The content provided by NEVERHACK as part of the subscription of Service(s) is an expression of an intellectual point of view, and NEVERHACK will make its best efforts to provide content adapted to the client's expressed needs. NEVERHACK does not guarantee the client the achievement of objectives (for example, competitions, interviews) that they set themselves by subscribing to the Service(s) of NEVERHACK and is not bound by any obligation of result.

In case of breach by one of the Parties of its contractual obligations, the aggrieved Party will be entitled to obtain compensation for the direct harm for which they will bear the burden of proof.

It is specified that the liability of the NEVERHACK group cannot be engaged in case of non-execution or poor execution of its obligations due to the client. Moreover, its responsibility could not be engaged in the event that the non-execution of its obligations would be attributable, either to an unforeseeable and insurmountable event by a third party, or to a case of Force majeure. The liability of the group NEVERHACK cannot be held especially if the execution of the Service(s) would be prevented or delayed due to a malfunction related to the IT tools and/or internet connection used by the client, not attributable to NEVERHACK.

In case of poor execution of the Service(s) attributable to NEVERHACK, only the direct, personal, and certain harm related to the failure in question, excluding expressly any indirect damage, will be compensated by NEVERHACK to the client.

In any case, the amount of damages that could be charged to the Provider, if its responsibility were engaged, will be limited to fifty (50) % of the Service paid over the 12 months preceding the occurrence of the direct and certain harm attributable to the Provider.

Article 14. Intellectual Property

NEVERHACK declares and guarantees that it is regularly and validly the holder of the rights over the content communicated to the client in the execution of the Contract.

Conversely, the client undertakes to use under their sole responsibility and for the sole use(s) provided for in the Contract, the content communicated by NEVERHACK and covered by intellectual property rights, whether these rights are held by third parties or by NEVERHACK.

The client expressly acknowledges that the Services, the know-how of NEVERHACK, its websites, and their developments or its trademarks are subject to legal protection, notably under intellectual property rights. As such, NEVERHACK retains all intellectual property rights on all protected or protectable elements, such as textual and graphic content, but also on the structure, code, or even the domain name of its websites and their developments.

The Contract does not carry any transfer of ownership of these rights to the benefit of the client. Similarly, NEVERHACK remains the holder of all rights attached to the Services, and to any other content communicated to the Consumer in the framework of the execution of the Contract.

Article 15. Personal Data Processing

In accordance with law no.78-17 of January 6, 1978, as amended, known as the "Data Protection Act," and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the "General Data Protection Regulation" or "GDPR," the Personal Data requested from the Consumer are necessary for the execution of the Contract and the issuance of invoices. During this period, NEVERHACK implements all means capable of ensuring the confidentiality and security of the Consumer's Personal Data, so as to prevent their damage, deletion, or access by unauthorized third parties, notably.

Access to Personal Data is strictly limited to NEVERHACK personnel and, where applicable, to providers, responsible for the execution, processing, contract management, and payment of related invoices.

Except in the cases mentioned above, NEVERHACK undertakes not to sell, rent, assign, or give access to third parties to the client's data without their prior consent unless compelled to do so due to a legal or regulatory obligation or a legitimate reason.

The client's Personal Data will be kept as long as necessary for the execution of the Contract, unless a longer retention period is authorized or imposed under a legal or regulatory provision.

In accordance with the national and European regulations in force and subject to compliance with the legal obligations imposed on NEVERHACK within the framework of its activity, the Consumer has the right of access, modification, rectification, deletion, opposition, portability (if applicable), and limitation of the processing concerning the information concerning them.

These rights can be exercised under the conditions and according to the methods defined in the NEVERHACK privacy policy available via the following link:

NEVERHACK Privacy Policy. The Consumer may also address the National Commission for Computing and Liberties (CNIL), the regulatory authority responsible for enforcing data protection regulations in France, online at https://www.cnil.fr/fr/agir or by mail at the following address: National Commission for Computing and Liberties, 3 Place de Fontenoy – TSA 80715, 75334 PARIS CEDEX.

Article 16. Insurance

NEVERHACK declares to be insured for its professional civil liability with a notoriously solvent company for all material and immaterial damages resulting from the execution of the Services by its personnel and collaborators. NEVERHACK undertakes to maintain these guarantees for the entire duration of this Contract and to provide proof of it upon request from the other Party.

Article 17. Assignment of the Contract

NEVERHACK reserves the right to assign, transfer, or bring to a third party, in any form whatsoever, the rights and obligations arising from the Contract. Any assignment of the Contract by the Consumer is subject to the prior express authorization of NEVERHACK.

Article 18. Modification of General Terms of Service

The NEVERHACK group reserves the right to modify these General Terms of Service. In such an event, the client will be informed. The applicable GTS are those in force at the time of subscription of the offer on the Site.

Article 19. Communication

On occasions, such as during dedicated professional events, or for the promotion of the Service(s), the NEVERHACK group may boast about the services provided to the client, only with their prior authorization.

Article 20. Force Majeure

The Parties cannot be held responsible in cases where the non-execution or delay in the execution of any of their obligations results from a case of Force majeure, within the meaning of article 1218 of the Civil Code.

By express agreement, telecommunication network disturbances as well as any unavailability attributable to external causes to NEVERHACK or beyond its control constitute cases of Force majeure.

The Party noticing the event must immediately inform the other Party of their inability to perform their service and justify this to them.

The execution of the obligation is suspended for the entire duration of the Force majeure if it is temporary. If the impediment is final or exceeds a period of thirty (30) days, the Contract may be terminated automatically by either Party.

Article 21. Unforeseen Events

The Parties expressly exclude the application of the legal regime of unforeseen events.

Article 22. Personal Non-Solicitation

The Consumer expressly waives, during the execution of the Contract and for six (6) months following its termination, for any reason whatsoever, engaging or working directly or indirectly, through an intermediary, any collaborator of the Provider who participated in the execution of the Contract, regardless of their specialization.

Any breach of this obligation exposes the Consumer to immediately pay the Provider, compensation equal to the Contract Price, without prejudice to damages.

Article 23. Confidentiality

Each Party undertakes to keep strictly confidential all information regarding the other Party to which they may have access within the framework of the conclusion and/or execution of the Contract, regardless of the means of communication of said information.

Commercial, financial, or technical information that is not in the public domain is considered confidential by nature. The Party issuing the confidential information is considered the sole holder of all rights over this confidential information. The Parties commit to using the information, data, and documents referred to herein only for the execution of their respective commitments under these General Terms of Service or on valid requisition by competent authorities.

In case of violation of this obligation by one of the Parties, the other Party may terminate under the conditions outlined in article 7.3 of these, without prejudice to damages that may be demanded eventually.

Article 24. Notification

The Consumer acknowledges having been communicated, before subscription of the online offer on the Site, in a clear and understandable manner, these GTS and all information listed in article L.221-5 of the Consumer Code.

By subscribing to Services, the Consumer acknowledges full and complete adherence and acceptance of these General Terms of Service, and payment of the subscribed Services, which is expressly recognized by the Consumer, who waives, notably, relying on any contradictory document, which would be unenforceable against the Provider.

Article 25. Nullity

The nullity of one or more clauses of these shall not in any way lead to the nullity of the General Terms of Service in their entirety. NEVERHACK will amend accordingly any invalid or unenforceable stipulation or term to render it valid or enforceable.

Article 26. Applicable Law

These GTS are governed and interpreted in accordance with French law. However, if the law applicable to the Consumer's country of residence is more advantageous than French law, the Consumer may benefit from the protection of their country of residence. They also have the option of recourse to the competent court of their place of residence to assert their rights. An amicable resolution attempt must be sent to NEVERHACK, either:

Address: 2 rue des Près, 78286 GUYANCOURT

Email: information@seela.io