Yield Tactics

78 allée primavera

Centre Ubidoca 19920 - Pringy

74370 ANNECY

France

+33 9 73 05 36 91

Registration

Yield Tactics is a single member simplified limited company (SASU), capital stock 1,000.00 EUR

Registration number: SIREN 914788401, RCS Annecy, France

European VAT number: FR87914788401

KEALTA Holding acts as the President of Yield Tactics

Yield Tactics is a subsidiary company of KEALTA Holding

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING, BROWSING, OR OTHERWISE USING THE SITE

Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.

RIGHT TO CHANGE, MODIFY OR DELETE THE TERMS AND CONDITIONS

Yield Tactics reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

COPYRIGHT AND USE OF SITE CONTENT

Yield Tactics encourages and permits links to Content on the Site. However, Yield Tactics is an organization committed to the highest professional standards. Therefore, Yield Tactics does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that Yield Tactics promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without Yield Tactics express written consent, or (c) uses the Content for commercial purposes. Furthermore, Yield Tactics does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). We reserve the right to withdraw permission for any link at any time.

Subject to your full compliance with these terms, Yield Tactics authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

THIRD PARTIES

Yield Tactics may provide you with links to third party Web sites, and some of the Content appearing to originate from the Site may be supplied by third party Content providers. Yield Tactics has no responsibility for these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.

RESTRICTION, SUSPENSION OR TERMINATION

Yield Tactics reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation.

Yield Tactics may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

DISCLAIMER OF WARRANTIES

UNDER NO CIRCUMSTANCES SHALL YIELD TACTICS NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES OR STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES OR STATES, THE LIABILITY OF YIELD TACTICS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Yield Tactics, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Yield Tactics or any Yield Tactics Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. Yield Tactics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Yield Tactics's defense of such claim. Choice of Law.

The Terms and Conditions shall be construed in accordance with the laws of France, without regard to conflict of laws principles.

ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

NO AMENDMENT OR WAIVER

The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of Yield Tactics.

Yield Tactics may, in its discretion, amend this Privacy Statement from time to time. To ensure you are able to remain informed about the information we collect and how we use it, material changes to our statement will be reflected here. This Site may contain links to external sites which are not governed by this Privacy Statement. Yield Tactics does not take responsibility for the privacy practices of any third party sites to which we link. We encourage you to review the privacy policies of any such sites before you submit information there.

YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT

Please read this Privacy Statement carefully. By browsing our website and expressly consenting where required (for instance, when submitting your data in forms), you agree to be bound by this Privacy Statement.

INFORMATION THAT WE COLLECT, AND HOW WE USE IT

Yield Tactics collects information from you when you create your account for the Site, request copies of publications, subscribe for email newsletters, magazines, press releases, seek additional information regarding our services or employment opportunities, databases, or register for conferences and other Yield Tactics-sponsored events. If you do not provide such information, you will not be able to create an account for the Site, request copies of publications, subscribe for email newsletters and press releases, seek additional information regarding our services or employment opportunities.

Personal information that we collect includes: IP adresses, country/state/region/city/district/connexion points/internet service provider, browser version, browser language, operating system, device brand, screen resolution, screen parameters, screen device orientation, device language, originating website, names, addresses, e-mail addresses, phone numbers, unique personal identifiers, financial information, subject areas of interest and/or demographic information.

In addition, we sometimes aggregate demographic information and the types of systems and browsers of users Yield Tactics also may conduct user surveys on the Web or use technologies to provide Yield Tactics with information on a number of areas, such as user identity, user viewing habits, whether or not users found what they were searching for, whether the Site content is relevant to user needs, and the like.

HOW DO WE USE PERSONAL INFORMATION

The purposes and uses of your personal information will depend on the use of the Site and the personal information provided. We process your personal information:

• for the purposes of safeguarding the legitimate interests pursued by Yield Tactics. This includes: Informing you about updates to the service and notifying you about other products and services offered by Yield Tactics that may be of interest to you, including information regarding services, publications and events; Tailoring your experience at the Site with relevant Yield Tactics materials; Understanding the Site’s user population, identifying subject areas of interest, and determining whether the Site is designed to work with the computer settings of a majority of our visitors; Measuring and improving the effectiveness of Yield Tactics marketing programs across different channels; improving our web content and navigation.
• for delivering by email the Yield Tactics Magazine. The lawfulness of such processing is based on your consent. You may withdraw your consent at any time.
• for compliance with a legal obligation. This includes anti-fraud and anti-money laundering measures as well as tax and social security requirements.

We will not sell, share, or rent or otherwise make available your personal information to other parties, except that we may disclose the information to third parties who perform services on our behalf and have a need to access the information in connection with those services. Any third parties will only process this information to the extent to which and within the limits that Yield Tactics itself is permitted to process that data. In addition, Yield Tactics may disclose your contact information in response to inquiries by bona-fide rights owners in connection with allegations of infringement of copyright or other proprietary rights arising from information that you have posted on the Site or otherwise provided to Yield Tactics

HOW WE MIGHT SHARE YOUR INFORMATION

The third parties with whom we may need to share personal information to help us provide services and products to you and to run our Website include: our subsidiaries or affiliates; our advisors; our third party service providers who process information on our behalf to help run some of our internal business operations including email distribution, IT services and marketing services;our business partners for publications and events co-organized by Yield Tactics and them; law enforcement bodies in order to comply with any legal obligation or court order.

Because Yield Tactics is a global organization we need to transfer personal information which is collected on the Site or through other means across the Yield Tactics branchs and offices to help operate our business efficiently. This also includes third parties located in different countries around the world, including outside of the European Union. These arrangements may involve your personal information being located in various countries around the world e.g. USA where privacy laws differ. We only make these arrangements or transfers where we are satisfied that adequate levels of protection are in place to protect information held in that country. In addition, the Site may be viewed and accessed anywhere in the world including countries that may not have laws regulating the use and transfer of personally identifiable information. By using the Site, submitting information through this site, or submitting personal information to Yield Tactics through other means you voluntarily consent to such international transfer and hosting of such information to those countries and parties.

RETENTION OF YOUR PERSONAL INFORMATION

Yield Tactics retains your personal information for so long as is necessary to fulfil the purpose for which it was collected. We may retain your personal information for longer if they may be the subject of a legal claim, or may otherwise be relevant for future litigation.

MARKETING

If, at any time, you prefer not to receive further communications from us in any or all forms you will have the ability to unsubscribe from such communications by means of a link provided in every e-mail that is sent to you by us (except on emails which purpose is to confirm your subscribtion). When subscribing to Yield Tactics e-mail newsletters, you are given the opportunity to select which promotions, news, and information you would like to receive at the time of sign up, and you will have the opportunity to unsubscribe from such communications.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Yield Tactics websites do not use cookies technology, however some services accessible from our websites use cookie technology, especially:

• Calendly.com: by clicking on urls and button providing the convenience to book a call with a Senior Consultant, you exit the Yield Tactics website and Calendly.com terms and conditions, and privacy policy apply.
• Sendinblue.com: by clicking on urls and button providing the convenience to register for Yield Tactics publications, you exit the Yield Tactics website and Sendinblue.com terms and conditions, and privacy policy apply.
• Yield Tactics Services: services.yieldtactics.com: Login functionalities to non-public Yield Tactics pages use cookie technology; in that case cookies are used only to provide the service and are not intended to collect privacy information. However, all actions performed by the user within the application, and from e-mails sent by the application, are recorded and kept without time limit in order to provide all the functions expected by the services, improve the user experience, offer relevant offers of additional services, keep billing data, fight against fraud and computer hacking. This information will always contain information relating to the connection point (IP address and physical location of the user) and the type of equipment used (brand of the device, screen resolution and orientation, access system, version of the navigation or messaging software, languages).

SECURITY PROCESSES

Yield Tactics has in place appropriate technological and operational security processes designed to protect personally identifiable information from loss, misuse, alteration or destruction. Only authorized employees and contractors will have access to any data provided by you, and that access is limited by need. Each employee or contractor having access to any personally-identifiable information is obligated to maintain its confidentiality. Although we take steps that are generally accepted as industry standard to protect your personally-identifiable information, Yield Tactics cannot guarantee that your personally-identifiable information will not become accessible to unauthorized persons and Yield Tactics cannot be responsible for any actions resulting from a breach of security when information is supplied over the internet or any public computer network.

Yield Tactics can not be held responsible for any inaccuracies or omissions in information disseminated by this website, nor for any damage resulting from a fraudulent intrusion by a third party resulting in a modification of the information made available. The results, tips and methods are given for information purposes without guarantee of success. We can not be held responsible for the consequences related to the implementation of the mentioned advices outside a contract of services.

LINKS TO OTHER WEB SITES

This website contains links to other Web sites not operated by Yield Tactics.

Yield Tactics is not responsible for the privacy practices or the content of any non-Yield Tactics web sites to which we link from the Site. We are not responsible for the protection and privacy of any information you provide whilst visiting other websites and sites not governed by our Privacy Statement. We cannot control the content or security of such websites. We cannot be held responsible for any loss or damage incurred by a user as a result of visiting such websites. No links are intended to be, nor should be construed as, an endorsement of any kind by us of that other website.

COMPLIANCE WITH LAW

Yield Tactics complies with all applicable privacy laws and regulations. Yield Tactics may be compelled to surrender personal user or customer information to legal authorities if presented with a court subpoena or similar legal or administrative order, or as required or permitted by the laws, rules and regulations of any nation, state or other applicable jurisdiction. Also, in the event of a violation of the terms and conditions of use of the Site or a violation of any restrictions on use of materials provided in or through the Site, we may disclose personal user information to our affected business partners or legal authorities.

ACCESS RIGHTS

In accordance with applicable data protection laws, including but not limited to the European Union GDPR and the California Consumer Privacy Act (CCPA), you have a right to request a copy of the personal information we hold about you and details of how we use that information. If any of the information held about you is incorrect or out of date, you have the right to amend or rectify it, please follow the process outlined below and we will amend our records where appropriate. You also have the right to require us to erase your personal data, stop processing your personal data, restricting the processing of your personal information, right of portability of your personal information and/or to withdraw your consent to processing. This may not apply if there are other legal justifications to continue processing. If you think we may have incorrect personal information, or would like a copy of the personal information we hold on you, or to exercise any other data protection right, please contact us. Please note that we need you to prove who you are before we can provide you with any information.

You also have a right to lodge a complaint with a relevant supervisory authority.

CHILDREN

Yield Tactics understands the importance of protecting children's privacy, particularly in their online interactions. This Site is not designed for and does not intentionally target or solicit to children 18 years of age and younger.

Yield Tactics Services refers to software services delivered from the url https://services.yieldtactics.com.

PLEASE READ THIS AGREEMENT BEFORE USING YIELD TACTICS SERVICES. BY ACCESSING OR USING YIELD TACTICS SERVICES’ IDENTITY MANAGEMENT SOFTWARE OR SERVICES OFFERING, YOU (“the Customer”) SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. IF THE PARTIES HAVE A FULLY EXECUTED AGREEMENT THAT EXPRESSLY GOVERNS ORDERS FOR YIELD TACTICS’S SOFTWARE AS A SERVICE AGREEMENT, SUCH AGREEMENT SHALL SUPERSEDE THIS AGREEMENT.

This Software as a Service (“Saas”) Agreement (“Agreement”) is entered into between Customer and Yield Tactics agree that the following terms and conditions will apply to the services provided under this Agreement and Orders placed thereunder

During the Subscription Term, Customer will receive a nonexclusive, non-assignable, royalty free, worldwide right to access and use Yield Tactics Services solely for your internal business operations subject to the terms of this Agreement and up to the number of users and licenses granted by Yield Tactics employees and representatives.

Customer acknowledges that this Agreement is a service agreement and Yield Tactics will not be delivering copies of the Software to Customer as part of the SaaS Services.

Customer shall not, and shall not permit anyone to: (i) copy or republish the SaaS Services or Software, (ii) make the SaaS Services available to any person other than what every license permits, (iii) use or access the SaaS Services to provide service bureau, time-sharing or other computer hosting services to third parties, (iv) modify or create derivative works based upon the SaaS Services or Documentation, (v) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the software used to provide the SaaS Services or in the Documentation, (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software used to provide the SaaS Services, except and only to the extent such activity is expressly permitted by applicable law, or (vii) access the SaaS Services or use the Documentation in order to build a similar product or competitive product. Subject to the limited licenses granted herein, Yield Tactics shall own all right, title and interest in and to the Software, services, Documentation, and other deliverables provided under this SaaS Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. Customer agrees to assign all right, title and interest it may have in the foregoing to Yield Tactics.

CUSTOMER RESPONSIBILITIES

Assistance. Customer shall provide commercially reasonable information and assistance to Yield Tactics to enable Yield Tactics to deliver the SaaS Services. Upon request from Yield Tactics, Customer shall promptly deliver Customer Content to Yield Tactics in an electronic file format specified and accessible by Yield Tactics. Customer acknowledges that Yield Tactics’s ability to deliver the SaaS Services in the manner provided in this SaaS Agreement may depend upon the accuracy and timeliness of such information and assistance.

Compliance with Laws. Customer shall comply with all applicable local, state, national and foreign laws in connection with its use of the SaaS Services, including those laws related to data privacy, antitrust, international communications, and the transmission of technical or personal data. Customer acknowledges that Yield Tactics exercises no control over the content of the information transmitted by Customer and its registered users through the SaaS Services. Customer shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.

Unauthorized Use and False Information. Customer shall: (a) notify Yield Tactics immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (b) report to Yield Tactics immediately and use reasonable efforts to stop any unauthorized use of the SaaS Services that is known or suspected by Customer or any registered, and (c) not provide false identity information to gain access to or use the SaaS Services.

Administrator Access. Customer shall be solely responsible for the acts and omissions of its Administrator Users. Yield Tactics shall not be liable for any loss of data or functionality caused directly or indirectly by the Administrator Users.

Customer Input. Customer is solely responsible for collecting, inputting and updating all Customer Content stored on the Host, and for ensuring that the Customer Content does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious. Customer shall: (i) notify Yield Tactics immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to Yield Tactics immediately and use reasonable efforts to stop any unauthorized use of the Service that is known or suspected by Customer or its registered users, and (iii) not provide false identity information to gain access to or use the Service.

License from Customer. Subject to the terms and conditions of this SaaS Agreement, Customer shall grant to Yield Tactics a limited, non-exclusive and non-transferable license, to copy, store, configure, perform, display and transmit Customer Content solely as necessary to provide the SaaS Services to Customer.

Ownership and Restrictions. Customer retains ownership and intellectual property rights in and to its Customer Content. Yield Tactics or its licensors retain all ownership and intellectual property rights to the services, Software programs, and anything developed and delivered under the Agreement. Third party technology that may be appropriate or necessary for use with some Yield Tactics programs are specified in the software documentation and tutorials when applicable. Customer’s right to use such third party technology is governed by the terms of the third party technology license agreement specified by Yield Tactics and not under the Agreement.

Suggestions. Yield Tactics shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the SaaS Services any suggestions, enhancement requests, recommendation or other feedback provided by Customer, including Users, relating to the operation of the SaaS Services.

Orders. Customer shall order SaaS Services pursuant to an Order. All services acquired by Customer shall be governed exclusively by this SaaS Agreement and the applicable Order. In the event of a conflict between the terms of an Order and this SaaS Agreement, the terms of the Order shall take precedence.

Invoicing and Payment. Unless otherwise provided in the Order, Yield Tactics shall invoice Customer for all fees on the Order.

Effective date. Customer shall pay all undisputed invoices within 30 days after Customer receives the invoice. Except as expressly provided otherwise, fees are non-refundable. All fees must be paid by Customer to Yield Tactics in the currency stated on the Order.

Order fulfillment. Yield Tactics will not provide access to ordered Yield Tactics Services until the payment is received on Yield Tactics' bank account. For debit/credit card payment, access to services is granted immediatly after payment. For bank transfer payments, access to services might be granted up to 3 business days after payment is reveived. If the items or licenses ordered are for more than one user, Customer shall contact Yield Tactics to grant all accesses and fullfill the order.

Yield Tactics reserves the right to suspend delivery of the SaaS Services if Customer fails to timely pay any undisputed amounts due to Yield Tactics under this SaaS Agreement, but only after Yield Tactics notifies Customer of such failure and such failure continues for fifteen (15) days. Suspension of the SaaS Services shall not release Customer of its payment obligations under this SaaS Agreement. Customer agrees that Yield Tactics shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the SaaS Services resulting from Customer’s nonpayment.

Suspension for Ongoing Harm. Yield Tactics reserves the right to suspend delivery of the SaaS Services if Yield Tactics reasonably concludes that Customer or one of its registered users use of the SaaS Services is causing immediate and ongoing harm to Yield Tactics. In the extraordinary case that Yield Tactics must suspend delivery of the SaaS Services, Yield Tactics immediately notify Customer of the suspension and the parties shall diligently attempt to resolve the issue. Yield Tactics shall not be liable to customer or to any third party for any liabilities, claims or expenses arising from or relating to any suspension of the SaaS Services.

WARRANTIES

Yield Tactics represents and warrants that it will provide the SaaS Services in a professional manner consistent with general industry standards and that the SaaS Services will perform substantially in accordance with the Documentation.

YIELD TACTICS WARRANTS THAT THE SAAS SERVICES WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION. YIELD TACTICS DOES NOT GUARANTEE THAT THE SAAS SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT YIELD TACTICS WILL CORRECT ALL SAAS SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT YIELD TACTICS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SAAS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY YIELD TACTICS (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. NEITHER YIELD TACTICS NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL YIELD TACTICS ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR ANY USER’S DATA, FILES, OR SETTINGS.

NEITHER PARTY (NOR ANY LICENSOR OR OTHER SUPPLIER OF YIELD TACTICS) SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA OR USE OF ANY SERVICE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS SAAS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY’S AGGREGATE LIABILITY FOR DAMAGES UNDER THIS SAAS AGREEMENT, REGARDLES OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), SHALL EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS SAAS AGREEMENT DURING THE 12 MONTHS PRECEDING THE DATE THE CLAIMAROSE.

CONFIDENTIALITY

“Confidential Information” means any information disclosed by a party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as “confidential” or “proprietary,” (b) if disclosed orally or by demonstration, is identified at the time of initial disclosure as confidential and is confirmed in writing to the receiving party to be “confidential” or “proprietary” within 30 days of such disclosure, (c) is specifically deemed to be confidential by the terms of this SaaS Agreement, or (d) reasonably appears to be confidential or proprietary because of the circumstances of disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality.

Yield Tactics software, data delivered within application, tutorials, online training and documentation are deemed Confidential Information of Yield Tactics.

YIELD TACTICS DOES NOT PERMIT THE CUSTOMER TO COMMUNICATE, DELIVER PRESS RELEASES, EXPOSE IN PUBLIC, SHARE TO THIRD PARTIES, DATA DELIVERED BY THE SOFTWARE, NOR ANY SCREENSHOT OR FUNCTIONAL DESCRIPTION OF THE SOFTWARE, INCLUDING GOVERNMENTAL REQUEST NOT ISSUED BY JUDICIAL AUTHORITY.

GENERAL PROVISIONS

Non-Exclusive Service. Customer acknowledges that SaaS Services is provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict Yield Tactics’ ability to provide the SaaS Services or other technology, including any features or functionality first developed for Customer, to other parties.

Personal Data. Customer hereby acknowledges and agrees that Yield Tactics’ performance of this SaaS Agreement may require Yield Tactics to process, transmit and/or store Customer personal data or the personal data of Customer employees and Affiliates. By submitting personal data to Yield Tactics, Customer agrees that Yield Tactics and its Affiliates may process, transmit and/or store personal data only to the extent necessary for, and for the sole purpose of, enabling Yield Tactics to perform its obligations to under this SaaS Agreement. In relation to all Personal Data provided by or through Customer to Yield Tactics, Customer will be responsible as sole Data Controller for complying with all applicable data protection or similar laws such as EU Directive 95/46/EC and laws implementing that Directive that regulate the processing of Data and special categories of data as such terms are defined in that Directive. Customer agrees to obtain all necessary consents and make all necessary disclosures before including Personal Data in Content and using the Enabling Software and Yield Tactics Services.

FORCE MAJEURE

Each party will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.

WAIVER

No waiver shall be effective unless it is in writing and signed by the waiving party. The waiver by either party of any breach of this SaaS Agreement shall not constitute a waiver of any other or subsequent breach.

SEVERABILITY

If any term of this SaaS Agreementis held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this SaaS Agreementshall remain in full force.

PUBLICITY

Yield Tactics may include Customer’s name and logo in its customer lists and on its website and corporate communications. Upon first invoicing payment, Yield Tactics may issue a high-level press release announcing the relationship and the manner in which Customer will use the Yield Tactics solution. Yield Tactics shall coordinate its efforts with appropriate communications personnel in Customer’s organization to secure approval of the press release if necessary.

NO THIRD PARTY BENEFICIARIES

This SaaS Agreement is an agreement between the parties, and confers no rights upon either party’s employees, agents, contractors, partners of customers or upon any other person or entity.

INDEPENDENT CONTRACTOR

The parties have the status of independent contractors, and nothing in this SaaS Agreement nor the conduct of the parties will be deemed to place the parties in any other relationship. Except as provided in this SaaS Agreement, neither party shall be responsible for the acts or omissions of the other party or the other party’s personnel.

STATISTICAL INFORMATION

Yield Tactics may anonymously compile statistical information related to the performance of the Services for purposes of improving the SaaS service, provided that such information does not identify Customer’s data or include Customer’s name.

DISPUTE RESOLUTION

This SaaS Agreement shall be governed by the laws of France.

Customer’s satisfaction is an important objective to Yield Tactics in performing its obligations under this SaaS Agreement. Except with respect to intellectual property rights, if a dispute arises between the parties relating to the interpretation or performance of this SaaS Agreement or the grounds for the termination hereof, the parties agree to hold a meeting within thirty (30) days of written email request by either party, attended by individuals with decision-making authority, regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within thirty (30) days after such meeting, the parties have not succeeded in resolving the dispute, either party may protect its interests by any lawful means available to it.

SIGNATURES

The Parties agree to not procees with contract signatures. The version of Terms of Conditions published on the legal section of the main Yield Tactics website on the date of the last paid commercial offer or Order govern legal relashionship between the Customer and Yield Tactics.

SERVICE LEVEL AGREEMENT

Yield Tactics SaaS Services will achieve System Availability (as defined below) of at least 99% during each calendar year of the SubscriptionTerm. “System Availability” means the number of minutes in a year that the key components of the SaaS Services are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure in the SaaS Agreement), (c) malicious attacks on the system, (d) issues associated with the Customer’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Customer or any registered user. Yield Tactics reserves the right to take the Service offline for scheduled maintenance for which Customer has been provided reasonable notice and Yield Tacitcs reserves the right to change its maintenance window upon prior notice to Customer.

If Yield Tactics fails to meet System Availability in the year, upon written request by Customer within 30 days after the end of the year, Yield Tactics will issue a credit in Customer’s next invoice in an amount equal to 1% of the yearly fee for the affected SaaS Services for each 1% loss of System Availability below stated SLA per SaaS Service, up to a maximum of the Customer’s fee for the affected SaaS Services. If the yearly fee has been paid in advance, then at Customer’s election Yield Tactics shall provide a credit to Customer to be used for additional licenses or term extension. The remedy stated in this paragraph is Customer’s sole and exclusive remedy for interruption of SaaS Services and Yield Tactics' failure to meet System Availability.

SUPPORT AND MAINTENANCE SERVICES

Support and Maintenance Services entitles Customer to the following: (a)Telephone or electronic support in order to help Customer locate and correct problems with the Software. (b) Bug fixes and code corrections to correct Software malfunctions in order to bring such Software into substantial conformity with the operating specifications. (c) All extensions, enhancements and other changes that Yield Tactics, at its sole discretion, makes or adds to the Software and which Yield Tactics furnishes, without charge, to all other Subscribers of the SaaS Service. (d) Support is solely provided to registered users with active paid licenses.

RESPONSE AND RESOLUTION GOALS

“business hours” 9am-5pm Paris time, Monday thru Friday, except French holidays.

“Fix” means the repair or replacement of Software component to remedy Problem.

“Problem” means a defect in Software as defined in Yield Tactics’ standard Software specification that significantly degrades such Software.

“Respond” means acknowledgement of Problem received containing assigned support engineer name, date and time assigned, and severity assignment.

“Workaround” means a change in the procedures followed or data supplied by Customer to avoid a Problem without substantially impairing Customer’s use of the Software.

Problem Severity: The production system is creating a significant impact to the Customer’s business function preventing that function from being executed.

Yield Tactics must be contacted by the customer over the phone and Yield Tactics shall reply within 3 business hours. Upon confirmation of receipt, a Yield Tactics support personnel begins continuous work on the Problem, and a customer resource must be available at any time to assist with problem determination. Customer Support will provide reasonable effort for Workaround or Fix within 24 hours, once the Problem is reproducible or once we have identified the Software defect. Yield Tactics may incorporate Fix in future release of software.

Problem Severity: The production system or application is moderately affected. There is no workaround currently available or the workaround is cumbersome to use.

Yield Tactics shall reply within 12 business hours. Customer Support will provide reasonable effort for Workaround or Fix within 7 business days, once the Problem is reproducible. Yield Tactics may incorporate fix in future release of software.

The production system or application issue is not critical: no data has been lost, and the system has not failed. The issue has been identified and does not hinder normal operation, or the situation may be temporarily circumvented using an available workaround.

Yield Tactics will Respond within 12 business hours. Customer Support will provide reasonable effort for Workaround or Fix within 10 business days, once the Problem is reproducible. Yield Tactics may incorporate Fix in future release of software.

Non-critical issues, general questions, enhancement requests, or the functionality does not match documented specifications.

Yield Tactics will Respond within 24 business hours. Resolution of Problem may appear in future release of software.

OBJECT

The general conditions of sale described below detail the rights and obligations of the company Yield Tactics and its client in the context of the sale of software services (Saas) delivered through the website https://services.yieldtactics.com. These general conditions are not applicable to consulting services, tailor-made training and coaching. Any service marketed under the “Yield Tactics Services” brand therefore implies the buyer's unreserved acceptance of these general conditions of sale.

PRICE

The prices of the services sold are those in effect on the day the Order is taken. They are denominated in the currency indicated on the Order form and calculated exclusive of tax. Consequently, they will be increased by the VAT rate applicable on the day of the Order. Yield Tactics reserves the right to modify its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when the Order is recorded.

DISCOUNTS

The proposed prices include the discounts and rebates that the company Yield Tactics would have to grant given the volume of the order or the assumption by the buyer of certain services.

No discount will be granted in the event of early payment.

PAYMENT TERMS

Orders can be paid only by:

• Wire Transfer
• By credit or debit card if the amount does not exceed 10,000 EUR

When registering the order, the buyer must pay 100% of the total amount of the invoice, given that these are electronic services delivered immediately after payment.

LATE PAYMENT

In the event of default or contestation of total or partial payment for the services provided, the company will interrupt access to electronic services, and / or suspend the contractual services pending regulation. No penalty or compensation may be demanded by the parties, unless a contract explicitly specifies it.

DELIVERY

The services ordered are delivered after receipt of payment:

• Within 24 hours for credit card payments
• Within 3 working days for payment by bank transfer (from the day of receipt of the transfer to the Yield Tactics bank account)

FORCE MAJEURE

The responsibility of the company Yield Tactics cannot be retained if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

COURT OF COMPETENT JURISDICTION

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Toulouse, France.

yieldtactics.com and airlinetactics.com are published by Yield Tactics, SAS

Yield Tactics has appointed Alexandre Poisson to be the Data Protection Officer (DPO), and the responsible person for publishing content.

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