General terms and conditions of use

Version of 18/11/2024

This website accessible at www.stellasurgical.com (the “Website“) is published by GRAFT SMART SAS, a simplified joint stock company with a capital of 1000 euros, registered in the Montpellier Trade and Companies Register under number 983 307 075, whose registered office is located at 10 boulevard Vieussens, 34000 Montpellier, France (hereinafter referred to as the “Publisher“).

The Publisher undertakes to comply with French and European law on the protection of personal data, in particular the General Data Protection Regulation of 27 April 2016 (RGPD) and the amended Data Protection Act of 6 January 1978 (LIL).

1. Purpose

The purpose of these General Conditions of Use (hereinafter the “GTCU“) is to provide a legal framework for the conditions of access to and use of the Website by Internet users (hereinafter individually “the Internet user“).

The currently online version of our GTCU is the only one that can be enforced during the entire period of use of the Website and until we replace it with a new version. The GTCU applicable in the event of a conflict are the GTCU in effect on the day of the event giving rise to the conflict.

In the event of non-compliance with the terms of these GTCU, GRAFT SMART reserves the right to take any measure likely to preserve its interests and in particular to ensure their execution.

Access to and use of the Website are subject to compliance with these GTCU.

The Publisher reserves the right to modify, at any time and without prior notice, the Website as well as these GTCU, in particular to adapt to the evolution of the Website by making available new functionalities, deleting or modifying existing functionalities. The Internet user is therefore advised to refer to the latest version of the GTCU which can be accessed at any time on the Website, before browsing.

These GTCU apply to any variation or extension of the Website on existing or future social and/or community networks.

2. Purpose of the Website

The Website allows the Internet user access to :

Information about the GRAFT SMART company ;

The description of our products ;

The application space to join us ;

The latest news related to GRAFT SMART ;

Contacts form ;

The GDPR documents.

Site Internet – Conditions générales d’utilisation EN

Propriété exclusive de GRAFT Smart – Ne pas reproduire [3]

3. Availability of the Website

The Website is accessible 24 hours a day, 7 days a week, from anywhere, and by any Internet user with Internet access.

The Website may be updated from time to time to add new features and/or introduce new products or services. Consequently, for reasons of updates, maintenance or other, access to the Website may be temporarily interrupted or suspended by the Publisher without notice or justification.

4. Access to Website

In order to access the Website, the Internet user must have the following prerequisites :

A compatible equipment (phone, tablet, computer) ;

A web browser ;

An Internet connection.

The Company shall not be held liable in the event of failure to meet these requirements by the Internet user, who is solely responsible for checking these requirements before using the Website.

All hardware and software necessary for access to the Website and use of the services remain the sole responsibility of the Internet user.

The Publisher reserves the right to suspend or refuse access to the Website to one or more Internet users.

Any person accessing the Website undertakes to comply unreservedly with these GTCU. The Internet user thus formally accepts, without reservation or restriction, these GTCU.

The use of the Website implies the Internet user’s full acceptance of these GTCU, which forms a contract of adhesion.

5. Contact

The Internet User may contact the Publisher for any question or request for information concerning the Website, or any report of illegal content or activities by e-mail to the address contact@graft-smart.com or via contact form available on the Website.

For all requests related to the processing of Personal Data, the Internet user may contact the Publisher via the contact address: dpo@graft-smart.com.

6. Intellectual property

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that may be used to operate the Website and, more generally, all elements reproduced or used on the Website are protected by the intellectual property laws in force.

They are the full and complete property of the Publisher or its commercial partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not constitute acceptance of the said use and waiver of proceedings.

It is strictly forbidden for the Internet user to : Site Internet – Conditions générales d’utilisation EN

Propriété exclusive de GRAFT Smart – Ne pas reproduire [4]

Copy, reproduce, represent, disseminate, distribute, publish, permanently or temporarily, all or part of the content and/or the Website by any means and on any medium known or unknown to date ;

Create derivative works from the content and/or the Website ;

Modify, translate, adapt, arrange, all or part of the content and/or the Website;

Disassemble, decompile or reverse engineer the Website.

Any unauthorized use of the Website or of any of the elements it contains shall be considered as constituting an infringement and shall be prosecuted in accordance with the provisions of articles L. 335-2 et seq. of the French Intellectual Property Code.

7. Responsibility

The information on Website is believed to be reliable. However, the Publisher does not guarantee that it is free from errors, defects or omissions.

The information provided on Website is presented for information purposes only and has no contractual value. Despite regular updates, the Publisher cannot be held responsible for changes in legal and administrative provisions occurring after publication. Likewise, the Publisher cannot be held responsible for the interpretation and use of the information contained in this Website.

The Publisher cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following access to or use of the Website.

The Publisher shall not be liable in case of force majeure or the unforeseeable and insurmountable act of a third party on the Website.

The equipment used by the Internet user to access to the Website is under his entire responsibility. He must take all appropriate measures to protect his equipment and his own data. The Internet user undertakes to access the Website using recent equipment, free of viruses and with a recently updated browser.

The Publisher shall not be liable for any indirect damage (such as loss of business or loss of opportunity) resulting from the use of the Website.

The Publisher undertakes to implement all the methods required to guarantee the security and confidentiality of the data on the Website. However, the Internet user is responsible for the security and protection of the computer equipment used.

The Publisher does not guarantee the uninterrupted or error-free operation of the Website, in particular, the responsibility of the Publisher cannot be engaged in case of interruption of access to the Website due to maintenance operations, updates or technical improvements.

8. Hypertext links

Website may contain hypertext links. By clicking on these links, the Internet user will leave Website. The website has no control over the pages linked to these hyperlinks and cannot be held responsible for their content, reliability or security.

9. Indivisibility

If any provision of the GTCU is or becomes illegal or unenforceable, this shall not affect the validity or enforceability of any other provision of the GTCU. Site Internet – Conditions générales d’utilisation EN

Propriété exclusive de GRAFT Smart – Ne pas reproduire [5]

10. Duration of the GTCU

The present GTCU are concluded for an indefinite duration, the Internet user is bound to respect them from the beginning of his use of the Website.

The Publisher reserves the right to modify the GTCU at any time and without notice.

11. Settlement of disputes

The conclusion, interpretation and validity of these GTCU are governed by French law, regardless of the country of origin of the Internet user or the country from which the Internet user accesses the Website and notwithstanding the principles of conflict of laws.

In the event of a dispute concerning the validity, performance or interpretation of these GTCUs existed and was brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants. The designated courts shall be those of the jurisdiction of the Court of Appeal of the registered office of GRAFT SMART, without prejudice to the application of mandatory provisions on territorial jurisdiction.

The Internet user is informed that he/she may in any case have recourse to conventional mediation or to any alternative dispute resolution method (for example conciliation) in the event of a dispute.