Terms and Conditions
1. Who Are We?
We are Nature Capital, operating under the trade name "Nature Capital" a French Simplified Joint Stock Company ("Société par actions simplifiée"), registered under number 953 331 337 R.C.S. with the Registry of Trade and Companies of Paris, and identified with SIRET number 95333133700014. Our head office is located at 6 Rue d’Armaillé, 75017 PARIS. You can contact us at: contact@symbiosemanagement.com.
2. What Do We Offer?
We provide services utilizing artificial intelligence solutions and satellite imagery to measure the climate impact of nature-based projects—initiatives aimed at protecting, sustainably managing, or restoring natural ecosystems to address societal challenges such as" climate change, human health, food and water security, and disaster risk reduction, while simultaneously delivering human well-being and biodiversity benefits (the "Services"). These Services are accessible through our web application https://app.symbiosemanagement.com and its API (the "Application").
3. Governing Documents of Our Contractual Relationship
Our contractual relationship is governed, in descending order of priority, by the following documents:
The Quotation ("Quotation")
- Prepared based on your specific needs.
- Must be accepted in writing (including by email) within 30 days of issuance. Acceptance implies agreement to these Terms and Conditions in effect at the date of the Quotation.
- In case of contradiction, the Quotation prevails over the Terms and Conditions.
- If multiple Quotations exist, the most recent one prevails over older versions.
These Terms and Conditions ("Terms and Conditions")
- Define the terms of use of our Services, our obligations, and yours.
- Accessible via a direct link at the bottom of the Application.
Purchase Order(s)
- The Quotation may be followed by purchase order(s) that must be validated by us.
- In case of contradiction, the Quotation prevails over the Terms and Conditions, which prevail over the purchase order(s).
4. Conditions for Accessing Our Services
Access to our Services is reserved for:
- Legal Entities: Acting through an individual authorized to enter into contracts on their behalf.
- Professionals: Any natural or legal person acting for purposes related to their commercial, industrial, artisanal, liberal, or agricultural activities, including when acting on behalf of another professional.
5. Subscription to Our Services
You must complete the registration form provided on the Application, supplying all mandatory information. Registration automatically creates an account in your name (the "Account"), allowing access to our Services using your login credentials.
6. Use of Our Services by Your Users
6.1 Free Trial Period
After creating your Account, you may import data concerning nature-based projects (the “Projects”) into the Application free of charge.
6.2 Quotation Based on Your Projects
The data you import allows us to send you a Quotation tailored to your needs. Upon accepting the Quotation, you may create additional user accesses (’Users’). You are solely responsible for creating User accesses and their personal use of the Application.
7. Access to Our Services
You may access our Services directly through the Application and via the API that we provide, which you must integrate into your IT system. The API link and integration documentation are available on the Application.
8. Description of the Services
8.1 Our Services
Before subscribing, you can review the characteristics of our Services on the Application. You acknowledge:
- Awareness of the characteristics and constraints of our Services, including technical aspects.
- That implementing the Services requires an Internet connection, and the quality of the Services depends on this connection, for which we are not responsible.
The Services to which you subscribe are described in the Quotation and may include:
- Importing Project data into the Application.
- Measuring the climate impact of the Project using artificial intelligence and satellite imagery.
- Access to a dashboard for monitoring indicators and measuring Project impact during implementation.
- Access to reporting data on Project evolution via the dashboard.
Any request to modify subscribed Services must be subject to an additional Quotation.
8.2 Additional Services
Maintenance
You benefit from corrective and evolutionary maintenance for the duration of the Services. Access to the Application may be limited or suspended for scheduled maintenance. We will use our best efforts to correct any malfunctions or bugs found on the Application and to provide improvements to its functionalities and technical infrastructure.
Hosting
We provide hosting of the Application and data produced and entered on the Application on servers located within the European Union.
9. Duration of Subscription
You subscribe to our Services for the duration specified in the Quotation.
10. Financial Conditions
10.1 Prices of Our Services
The prices of the Services are specified in the Quotation. For subscription-based Services, any period commenced is due in full. We reserve the right to offer promotional offers or discounts. Prices may be revised under the conditions specified in the "Modification of Terms and Conditions" section.
10.2 Billing and Payment Terms
Billing and payment terms are detailed in the Quotation. Payment is processed through the payment service provider indicated on the Application. You guarantee that you have the necessary authorizations to use the chosen payment method.
10.3 Consequences of Late or Non-Payment
In case of default or delay in payment, we reserve the right, from the day following the invoice due date, to:
- Declare all sums owed by you to us immediately payable.
- Suspend ongoing Services until full payment is received.
- Charge late payment interest equal to three times the legal interest rate on unpaid amounts and a fixed indemnity of €40 for collection costs, without prejudice to additional compensation if actual collection costs exceed this amount.
11. Intellectual Property Rights
The Application, software, infrastructures, databases, and content (texts, images, visuals, music, logos, trademarks, etc.) are our property and are protected by intellectual property rights and database producer rights. The license granted to you does not entail any transfer of ownership. You and the Users have a non-exclusive, non-transferable license to use the Application in SaaS mode for the period specified in the "Duration of Subscription" section.
Exceptionally, we may use each other’s names, trademarks, and logos as commercial references for the duration of our contractual relationship and for three years thereafter.
12. Your Obligations and Responsibilities
12.1 Provision of Information
You agree to provide all necessary information for subscribing to and using the Services and guarantee its accuracy, keeping it updated.
12.2 Account Management
You are responsible for maintaining the confidentiality and security of your login credentials. Any access using your credentials is deemed to be by you. You must immediately notify us if you become aware of unauthorized use of your Account. You are solely responsible for creating User accesses.
12.3 Use of the Services
You are responsible for your use of the Services and any information shared, including by Users. You agree that the Services will be used exclusively by you and/or Users, who are subject to the same obligations. You agree not to misuse the Services for purposes including but not limited to:
- Engaging in illegal or fraudulent activities.
- Harming public order and morality.
- Infringing on third-party rights.
- Violating any contractual, legal, or regulatory provisions.
- Interfering with third-party computer systems.
- Promoting unauthorized services or sites. .
- Assisting or encouraging prohibited activities.
You agree not to:
- Copy, modify, or misappropriate any of our property or concepts used in the Services.
- Engage in conduct that interferes with or diverts our computer systems or breaches security measures.
- Infringe upon our financial, commercial, or moral rights and interests.
- Market, transfer, or provide access to the Services or any of our property.
You will indemnify us against any claims or actions arising from breaches of your obligations and reimburse us for any losses incurred.
13. Our Obligations and Responsibilities
We agree to provide the Services with due diligence, being obligated to a duty of care, and to comply with applicable regulations.
13.1 Quality of Our Services
We strive to provide high-quality Services, conducting regular checks to verify functionality and accessibility, and may perform scheduled maintenance as specified in the "Maintenance" section. We are not liable for difficulties or temporary impossibilities of access due to circumstances outside our network, failures not under our responsibility, interruptions by service providers, your actions, or force majeure events.
13.2 Service Level Guarantee
We strive to maintain 24/7 access to the Application, except during scheduled maintenance or force majeure events.
13.3 Data Backup
We will use our best efforts to back up data produced and entered on the Application. However, we are not responsible for data loss during maintenance, except in cases of proven fault on our part.
13.4 Data Storage and Security
We provide sufficient storage capacity for operating the Services and implement measures to protect infrastructure and data security.
13.5 Subcontracting and Transfer of Rights
We may use subcontractors for Service performance, who are subject to the same obligations. We remain solely responsible to you. We may transfer our rights and obligations under our contractual relationship to any third party, informing you in writing.
14. Limitation of Liability
Our liability is limited to direct, proven damages you suffer due to using our Services. Except in cases of bodily injury, death, or gross negligence, and subject to a claim made by registered letter with acknowledgment of receipt within one month of the damage occurrence, our liability shall not exceed the amounts received during the 12 months preceding the event or the Service provision period if shorter.
15. Evidence
Evidence may be established by any means. Messages exchanged through the Application and data collected on the Application and our IT equipment constitute primary proof, particularly for demonstrating Services performed and price calculations.
16. Personal Data Processing
We have a privacy policy accessible here. We invite you to read it.
17. Confidentiality
Unless otherwise agreed in writing, both parties agree to keep confidential all information related to or held by the other party, obtained during the conclusion and performance of our contractual relationship, for the duration and three years thereafter. This obligation does not extend to information already known, public, lawfully received from a third party, or required to be disclosed by law. Confidential information may be disclosed to authorized personnel under confidentiality obligations.
18. Force Majeure
Neither party shall be liable for any failure or delay in performing contractual obligations due to force majeure events as defined by Article 1218 of the French Civil Code and recognized by jurisprudence, including strikes, terrorist activities, riots, wars, government actions, epidemics, natural disasters, or failures of third-party telecommunications providers. The affected party must notify the other by registered letter with acknowledgment of receipt. Obligations are suspended upon receipt of the letter and resume within a reasonable time after the force majeure event ceases. Both parties remain liable for obligations not affected by force majeure and for payment obligations.
19. Termination of Services
The terms for terminating the Services are specified in the Quotation.
20. Penalties for Non-Compliance
Payment obligations and obligations outlined in the "Your Obligations and Responsibilities" section are essential. In case of breach, we may:
- Suspend or terminate your access to the Services.
- Publish relevant information on the Application.
- Send a registered letter with acknowledgment of receipt to terminate the contractual relationship, effective upon receipt, or request remedy within 15 calendar days; termination becomes effective if not remedied.
- Delete your Account.
- Notify and cooperate with competent authorities.
- Initiate legal action.
These sanctions are without prejudice to any damages we may claim.
21. Modification of Terms and Conditions
We may modify these Terms and Conditions at any time, notifying you in writing at least 30 calendar days before they take effect. For subscription-based Services, the modified Terms and Conditions apply upon renewal. For non-subscription Services, the modified Terms and Conditions apply upon taking effect. If you do not accept the modifications, you must terminate your subscription as outlined in the "Termination of Services" section. Continued use of our Services after modifications implies acceptance.
22. Applicable Law and Jurisdiction
These Terms and Conditions are governed by French law. In case of disputes, and absent amicable resolution within two months of initial notification, exclusive jurisdiction is granted to the courts of Paris, unless otherwise mandated by law.