1. GENERAL DEFINITIONS

The company FOUR DATA: refers to SAS FOUR DATA, a company with capital of €519,750.00, whose registered office is located at 11 RUE PAUL THENARD, 21000 DIJON, France, registered with the DIJON Trade and Companies Register under number 821 783 222 00044.

FOUR DATA: Trademark registered and marketed exclusively by SAS FOURDATA. The solutions offered for sale are available on the Four Data website: https://www.fourdata.io

SENSOR: refers to the connected object of the FOUR DATA brand or other brands marketed by the company FOUR DATA which, once installed on a piece of ‘equipment’, provides certain types of information (location, temperature, height, etc.).

EQUIPMENT: refers to equipment on which a sensor is installed. This may be mobile equipment (trailers, wagons, machinery, mobile tanks) or fixed equipment (tanks, vats, drums, meters, etc.).

SENS: refers to SaaS (Software as a Service) software in the form of a mobile application (PWA) or computer application made available to the customer who owns or uses equipment on which at least one sensor is located. This application is dynamic and automatically updated – via its web browser – based on the data reported by the sensor(s).

DESK: refers to SaaS (Software as a Service) software in the form of a mobile application (PWA) or computer application made available to customers who own or use more than one piece of equipment on which at least one sensor is located. It is intended solely for businesses: distributors or collectors of solid, liquid or gaseous bulk materials and owners of industrial sites. This interface allows them, in particular, to view their sensor fleet and associated customers (SENS), set up alerts, etc.

CONTAINER: refers to equipment with storage capacity via a sensor supplied by FOUR DATA (tank, vat, silo, drum, etc.). ) CONTENT: refers to the content stored in the relevant CONTAINER

END CUSTOMER: a natural or legal person who owns one or more pieces of equipment and has contracted directly or indirectly with a FOUR DATA ‘CUSTOMER’

CUSTOMER: refers to legal persons who have contracted with FOUR DATA

LPWAN network: refers to a telecommunications and cellular connectivity protocol entirely dedicated to low-speed communications from an infrastructure of antennas and base stations that are completely independent of existing networks. We distinguish between two types of LPWAN sub-technology: LORA, supported by national operators, and SIGFOX, supported by an international operator. Low-speed communications originating from an infrastructure of antennas and base stations that are completely independent of existing networks.

LTE-M network: LTE-M, or Long-Term Evolution for Machines, is a cellular technology specifically designed for IoT (Internet of Things) devices requiring mobile connectivity. It is based on the 4G LTE network with features tailored to the needs of the IoT.

NB-IoT network: NB-IoT, or Narrow Band IoT (Internet of Things), is another cellular IoT technology, but it focuses on devices with low connectivity needs and reduced costs. It also operates on LTE networks, with very limited bandwidth to improve efficiency.

INTERVENTION: refers to a physical technical service carried out in the field, consisting either of installing a new sensor on a piece of equipment or maintaining an existing sensor on a piece of equipment.

MAINTENANCE: consists of a digital or physical technical correction operation. This physical intervention operation may consist of changing a sensor battery (predictive maintenance) or maintenance following an incident (corrective maintenance).

2. PREAMBLE & WARNING :

The purpose of these general terms and conditions (GTC) is to define the conditions under which FOUR DATA (hereinafter the ‘Seller’) markets its hardware sensors (‘Products’), services (“Intervention”) and access to the associated SENS & DESK interfaces (‘Platforms’).

These General Terms and Conditions are brought to the attention of the CUSTOMER when the Seller’s Offer is sent and are available online.

They are automatically considered to have been accepted by the Customer upon acceptance of the quote. The CUSTOMER of the PRODUCTS, SERVICES & PLATFORMS declares that they have read and accepted these General Terms and Conditions by accepting the quote. They may also sign them.

The following are also available to customers on the Four Data website:

• FOUR DATA’s data privacy policy
• Legal notices
• Terms and Conditions of Use (TCU) in accordance with the GDPR.

WARNING: The use of FOUR DATA solutions requires:  access to and coverage by the 3G, 4G, LTE-M, LPWAN telecommunications network, including the Sigfox or LoRa networks, depending on the model chosen. The Customer is responsible for checking network coverage via the eligibility test page and with the assistance of the Seller. The Seller undertakes to check the coverage of the EQUIPMENT’s location.

FOUR DATA cannot be held responsible for any failures due to the technological limitations of GPS satellite antennas and signals and 2G, 3G, 4G, satellite, LTE-M/NB-IOT or LPWAN telecommunications networks.  Access to a web browser (such as Chrome or Firefox) with a stable internal connection.

3. ORDER :

Digital order via the website

It is specified that the Products are intended for professional use by the Customer. When placing an order online, by clicking on the ‘pay’ button at the bottom of the order summary page, the Customer makes a ‘confirmation click’, which constitutes an irrevocable commitment, which can only be challenged in the cases specified in these General Terms and Conditions. The Customer will receive an email acknowledgement of receipt confirming the order, which will include all the elements constituting the contract (products ordered, prices, delivery times, shipping costs, etc.). It is recommended that this acknowledgement of receipt be kept, as it constitutes proof of the order. The Seller reserves the right to refuse any order in the event of a dispute relating to a previous order. The information provided when placing an order must be accurate, complete and up to date: in the event of an error in the Customer’s contact details, the Seller cannot be held responsible for the inability to deliver the Product, errors or delays in delivery. The Customer certifies that they are over 18 years of age to subscribe to the FOUR DATA service.

The use of FOUR DATA sensors is guaranteed to function on outdoor tanks covered by LTE6M / NB-IOT or LPPWAN networks, but is subject to restrictions for underground tanks or tanks located inside buildings. For ATEX environments, only ATEX-certified sensors may be attached to equipment. FOUR DATA regularly makes changes to the service and tests various aspects of the service, including the website, SENS and FUELDESK. These tests and changes may temporarily affect access to the service, without FOURDATA being held liable.

Anyone purchasing FOUR DATA products declares that they are aware of their functional and technical characteristics as listed on the product sheet and detailed on the fourdata.io website, in particular the fact that FOUR DATA only works with its Associated Service and subject to sufficient coverage by the Sigfox or LoRa, LTE-M NBIOT network. The photos and graphic representations displayed on the website are provided for information purposes only. FOURDATA cannot be held liable in this regard under any circumstances.

Order via quote signature

It is specified that the Products are intended for professional use by the Customer. If the QUOTE is approved by the CUSTOMER, the said general terms and conditions of sale are deemed to have been accepted. The quote is approved by signing the quote drawn up using the Odoo software or via the Odoo application directly. The standard validity period of a quote is 30 days. The information provided when placing an order by means of a purchase order or via an accepted quotation without a purchase order must be accurate, complete and up to date: in the event of an error in the Customer’s contact details, the Seller cannot be held responsible for the inability to deliver the Product, errors or delays in delivery.

The Customer certifies that they are over 18 years of age to subscribe to the FOUR DATA PLATFORMS service. The use of FOUR DATA sensors is guaranteed to be functional on outdoor tanks covered by LTE-M / NB-IOT or LPWAN networks and subject to restrictions for underground tanks or tanks inside buildings. For ATEX environments, only ATEX-certified sensors may be attached to equipment. FOUR DATA regularly makes changes to the service and tests various aspects of the service, including the website, SENS and DESK. These tests and modifications may lead to MAINTENANCE and temporarily impact access to the service, without FOURDATA being held liable.

Anyone purchasing FOUR DATA products declares that they are aware of its functional and technical characteristics as listed on the product sheet and detailed on the fourdata.io website, in particular the fact that FOUR DATA only works with its Associated PLATFORM Service and subject to sufficient coverage by the Sigfox, LoRa, GSM or LTE-M NBIOT telecommunications network. The photos and graphic representations displayed on the website are provided for information purposes only. FOURDATA cannot be held liable in any way in this regard.

4. VALIDITY OF THE OFFER AND PRODUCT AVAILABILITY :

The offer is valid for 30 (thirty) days from the date of issue. At the initiative of FOURDATA and in certain specific cases, this period may be extended. In this case, it will be clearly stated on the offer given to the customer.

In the case of a simple shipment of sensors without a request for installation, product offers are valid while stocks last on the day the order is prepared and will be shipped within 15 working days for orders of less than 30 products. For larger quantities, the order preparation time may be extended at the Seller’s initiative and notified on the relevant offer, without exceeding a period of 60 working days. If a Product is unavailable after the order has been placed, the Seller shall inform the Customer as soon as possible so that the latter may, at their discretion, either agree to a later delivery date or be reimbursed under the conditions set out in Article 9.

In the case of a sale of sensors associated with a request for installation, the intervention period may not exceed 45 working days from the date of receipt of the order, unless otherwise stated on the quotation due to the availability of the sensors. The work will be carried out by a qualified technician appointed by the installer. The work will be carried out in accordance with the relevant standards, provided that the information describing the equipment and the environment is accurate and complete, within a maximum of 10 days after acceptance of the quotation. The Seller reserves the right not to carry out the work if the descriptive information about the equipment and its environment, as well as the address and contact details on site, are not provided reliably.

5. DELIVERIES :

Products ordered by the Customer without requesting assistance will be delivered by an independent carrier to the address or collection point specified by the Customer when placing the order. The risk of loss or damage to the Products is transferred to the Customer when they take physical possession of the Products. A delivery note may be signed upon receipt of the Products ordered. The Customer is required to check the apparent condition of the product upon delivery. In the event of any anomaly (damaged packaging, damaged or broken product), the Customer may refuse delivery or make a note of their reservations on the delivery note.

The Customer must:

• Indicate on the delivery note the precise and justified reservations in the event of damage, as general reservations such as ‘subject to unpacking’ are insufficient,
• Confirm their reservations by registered letter with acknowledgement of receipt to the carrier and the Seller’s customer service department: In the absence of such reservations, the Customer may not claim compensation from the Seller, except in the case of an individual agreement considered on a case-by-case basis and at the sole discretion of the Seller. The damaged Product must be returned complete, in the condition in which it was received and in its original packaging, at the Seller’s expense.

6. DELIVERY TIME :

Once the order has been prepared in accordance with the conditions set out in Article 4, it will be delivered within fifteen (15) working days in mainland France. However, if the Products ordered have not been delivered within the specified time frame for any reason other than force majeure or the Customer’s fault (e.g. access code not provided, incomplete address, no one present at the time of delivery, etc.), the sale may be cancelled at the Customer’s written request under the conditions set out in Articles L 138-2 and L 138-3 of the French Consumer Code. The sums paid by the Customer will then be refunded to them no later than fourteen (14) days after the date of cancellation of the order.

If you are not present at the time of delivery, the carrier partner will leave a delivery notice at the delivery address provided by the Customer. The products must be collected from the address and in accordance with the terms and conditions specified by the carrier. If the products are not collected within the time limit specified by the carrier, they will be returned to the Seller. The Seller will then send a first reminder and, if no response is received within 14 days, the Seller will consider that the Customer has exercised their right of withdrawal.

7. PRICES & PRICING :

The Products are supplied at the prices specified in the quotation provided by the Seller. For purchases in France, prices are quoted in euros, inclusive of all taxes. They include VAT at the rate applicable on the date of the order, which is 20%. Any change in the applicable rate may be reflected in the sale price of the Products. For purchases outside France, prices will be either with or without VAT. They do not include transport costs, which are shown on the order summary screen. Products with a subscription solution will require a subscription. The amount of this subscription will be quoted inclusive of VAT, with 20% VAT applied for France and the taxes applicable to each country. For purchases abroad, quotes may be given in euros, excluding taxes. This distinction will be clearly specified on the relevant quote.

The prices of SENSORS and INTERVENTIONS are subject to change each year. Quotes remain valid for a maximum of 30 days. The price of platform access services is stipulated in the quote and is invoiced either annually or monthly.

8. PAYMENT :

9.1. Payment for ‘Products’ Upon signing the quote, the Customer is required to pay, where applicable, the deposit mentioned in the quote concerned. Payment of the balance of the Price is due within thirty (30) days of the invoice date, once the Products have been delivered.

9.2. Payment for ‘Platforms’

9.2.a Initial payment Payment for the first subscription period included in the offer is due within thirty (30) days of the invoice date, once the Products have been delivered.

9.2.b Subsequent payment Once the initial subscription period has expired, access to the Platforms is payable in advance for the following year on each anniversary date. The minimum re-subscription period is 12 months.

9.3. Late Payment Amounts due under the Contract shall be invoiced at the end of the term. The payment period is set at thirty (30) days from the date of issue of the invoice by the Service Provider. Any sum not paid by the Client within the aforementioned period shall automatically and without prior notice give rise to late payment penalties corresponding to 10% of the sums remaining due, including VAT, from the due date until full payment of the sums due. In addition, in accordance with Article L 441-6 of the French Commercial Code, the Client may be required by law to pay a fixed compensation fee of forty (40) euros for recovery costs, which may be increased by the amount of the sums incurred by the Service Provider for recovery upon presentation of supporting documents. In the event of late payment by the Customer, the Service Provider reserves the right to immediately suspend, as of right and without prior notice, access to and use of the Platforms.

9. RIGHT OF WITHDRAWAL & CANCELLATION :

10.1. Termination upon expiry

Your subscription to FOUR DATA is concluded for an initial fixed term of twelve months, as specified in the quotation. At the end of the initial term and successive commitment periods, the subscription to the ‘Platforms’ is tacitly renewed for a further period of 12 months, unless one of the Parties has expressly requested its termination by registered letter with acknowledgement of receipt at least two (2) months before the expiry date. The Customer is aware that FOURDATA’s business model implies that only a 36-month subscription allows for remuneration equivalent to the initial price of FOUR DATA and the services included. As such, at the end of the 36-month contract, the Customer may terminate their subscription without paying any additional fees. In this particular case, the Customer will have access to the FOUR DATA service but will no longer benefit from the maintenance service. However, if the Customer does not wish to commit to such a long term, FOUR DATA offers shorter subscriptions of 12 or 24 months. In order to compensate for the losses incurred by FOUR DATA at the end of contracts with a term of less than 36 months, an unlocking fee is charged to Customers who do not wish to renew their subscription and who want to continue using FOUR DATA without a subscription.

Therefore:

– If termination occurs at the end of the 12-month period, the Customer will be charged a £90 fee to unlock the DATA FOUR so that the Customer can continue to access the data collected in the mobile application. Maintenance services will then be excluded.

– If termination occurs at the end of the 24-month subscription, the Customer will be charged a £45 fee to unlock the DATA FOUR so that the Customer can continue to obtain the data collected in the mobile application. Maintenance services will then be excluded. If the Customer does not wish to continue using the FOUR DATA sensor at the end of the 12-, 24- or 36-month subscription, no compensation will be claimed from the Customer. 10.2. Early termination If the Customer wishes to terminate their contract before its expiry date, they will be required to pay all remaining monthly instalments as compensation for the loss suffered by FOURDATA. Furthermore, if the Customer wishes to continue using FOUR DATA and therefore have access to the data, they will be required, in addition to the predefined compensation, to pay the unlocking fees corresponding to the duration of the subscription taken out, as indicated above.

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify their reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notifying the Seller of the Customer’s decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted. The right of withdrawal may be exercised  Either online, using the withdrawal form available on the Website, in which case the Seller will immediately send the Customer an acknowledgement of receipt on a durable medium,  Or by registered letter with acknowledgement of receipt to the Seller informing them of their wish to exercise their right of withdrawal. (See template on the Website) If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the standard delivery costs will be refunded, with the return costs remaining the responsibility of the Customer.

The exchange (subject to availability) or refund, at the Customer’s discretion, will be made within fourteen (14) days of the Seller receiving the Products returned by the Customer in accordance with the terms of this article. The refund will be made using the same means of payment as that used by the Customer or any other means of payment if the Customer expressly requests it.

10. WARRANTIES

The Products offered for sale comply with the regulations in force in France and are suitable for non-professional use. The Products supplied by the Seller are automatically covered, without additional payment, in accordance with legal provisions, * by the legal guarantee of conformity for Products that are apparently defective, damaged or do not correspond to the order under the conditions and within the time limits provided for in Articles L.211-4 et seq. of the Consumer Code * the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and within the time limits provided for in Articles 1641 et seq. of the Civil Code. When acting on the basis of the legal guarantee of conformity, the Customer has a period of one year from the delivery of the Product to take action; May choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code; Is exempt from providing proof of the existence of the lack of conformity of the Product during the 12 months following its delivery.

In the event that the Customer brings an action based on the warranty against hidden defects in the item sold under the conditions set out in Articles 1641 et seq. of the Civil Code, the Customer may request either the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. The Seller shall refund, replace or repair Products deemed non-compliant or defective. Shipping costs shall be refunded on the basis of the invoiced rate and return costs shall be refunded upon presentation of supporting documents. Refunds for Products deemed non-compliant or defective shall be made as soon as possible and no later than 30 days after the Seller has established the lack of conformity or hidden defect. The refund will be made by crediting the Customer’s bank account or by bank cheque sent to the Customer. The commercial and legal guarantee of conformity is 12 months. However, the commercial and legal guarantees of conformity cannot be implemented and the Seller cannot be held liable in the following cases:

• Failure to comply with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to verify.
• Misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
• Lightning strikes and theft
• Normal wear and tear of the mechanics and battery
• Ageing and discolouration due to exposure to ultraviolet rays
• Opening of the Product and/or modifications by the Customer

11. LIMITATIONS OF LIABILITY

The Seller shall not be held liable and no compensation may be claimed from it for delays in delivery of the Product or for any harmful consequences due to force majeure as defined by the case law of French courts and tribunals. The Seller declines all liability for any direct or indirect damage caused to Customers, of whatever nature, resulting from the use of the Product. In particular, the Customer shall refrain from installing the Product on premises belonging to a third party without prior authorisation. The Seller shall forward to the Customer any third-party claims following an intervention if it proves to be inappropriate and causes a safety issue or installation on another person’s property. The Customer shall be responsible for handling such claims without the Seller being held liable in any way whatsoever.

12. RELIABILITY OF MEASUREMENTS, VOLUME ESTIMATION

The SUPPLIER draws the CUSTOMER’s attention to the fact that in the case of a sensor with a level measurement, the calculation of the level indicated on the DESK and the SENS made available to the CUSTOMER by the SUPPLIER are only estimates of the volume of CONTENT stored in the EQUIPMENT. This is in no way metrological data.

The level calculation depends in particular on several parameters provided and/or entered by the CUSTOMER. These can be changed at any time by CUSTOMER users of the application. The SUPPLIER shall in no event be held liable for the consequences of an incorrect estimate of the remaining level or available volume in the container concerned, or of incorrect settings in the event of an intervention not managed by a technician appointed by the SELLER. This exclusion applies, in particular, to the consequences of a tank overflow during delivery or a break in the availability of the CONTENTS.

In the event of sensor failure and notification thereof to the CUSTOMER, and in the event that the SELLER prescribes an action plan (INTERVENTION, MAINTENANCE), the SELLER shall not be held liable for the consequences of an incorrect estimate of the remaining level or volume available in the container.

13. PROOF

The data recorded by the Seller constitutes proof of all transactions between the Seller and its Customers. The CUSTOMER acknowledges that, in the event of a dispute, access to the platform and any changes made, particularly to the settings, may be retrieved and disclosed to the SELLER. By express agreement between the Seller and the Customer, emails shall be considered as proof between the parties, as shall the automatic recording systems used on the Website, in particular with regard to the nature and date of the order, or the use of DESK and SENS. The Customer may access the electronic contract concluded with the Seller via Odoo. To do so, the Customer must contact customer service by email, providing all the necessary information, in particular the order number and their contact details.

14. PERSONAL DATA

The use of DESK & SENS products and services requires the use of personal data (surname, first name, EQUIPMENT address, email and telephone contact details) and potentially their use by FOUR DATA for the management of intervention, maintenance or support requests. The Customer therefore accepts the privacy and data management policy available on the fourdata.io website.

15. PARTIAL INVALIDITY & APPLICABLE LAW

If any provision of these General Terms and Conditions of Sale is declared null and void by a court or in accordance with a law or legislation, the invalidity of that provision shall not affect the validity of the other provisions, which shall remain in full force and effect. These general terms and conditions are governed by French law. In the event of a dispute, it shall be settled by the Commercial Court of Dijon (France).