These Ding Negoce Terms and Conditions (the “General Conditions”) govern the relationship between Ding Negoce, a société par actions simplifiée, registered with the Trade and Commercial Register of Paris under the number 982 795 262, with a share capital of 1,000 euros, whose head office is located at 82 rue Dutot, 75015, Paris, France (“Ding Negoce”) and any natural or legal person who has subscribed an account on the solution published by Ding Negoce(the “Client”).

Hereinafter collectively referred to as the “Parties” and individually referred to as a “Party”.

Article 1 - Definitions

The terms and expressions which first letter is a capital one, in the General Conditions, have the meaning defined in this article, used either as singular or plural:

1.1 “Client Data” shall mean the personal data of the Users using the Solution.

1.2 “Confidential Information” shall mean any information communicated (written, orally or by any other mean) directly or indirectly by the Client to Ding Negoce prior or after the General Conditions’ entry into force including, without limitations, the information related to the Services as well as the operations, processes, plans, know-how, commercial secrets, inventions, techniques, commercial opportunities, and activities of the Client.

1.3 “Documentation” shall mean the operating manuals, user instructions, technical literature, and all other documents regarding the use of the Solution, in any form, provided to the Client by Ding under the General Conditions.****

1.4 “Force Majeure” shall mean the events external to the Parties, unpredictable and unstoppable, as defined by French case law, the following events shall be deemed to constitute a case of Force Majeure (without purporting to be an exhaustive list): war (declared or not); terrorist act; invasion; rebellion; blockade; sabotage or act of vandalism; strike or social dispute, total or partial, external to both Parties; bad weather (in particular flooding, storms and hurricanes); events declared as “natural disasters”; zombie invasion; fire; epidemic; transport or supply blockades (particularly energy); failure of electrical energy, heating, air conditioning supplies, of the telecommunication or data transport network; satellite failure.

1.5 “Credit” shall mean the lump sum amount paid upfront by the Client to Ding Negoce, the consumption of which depends on the use of the Services.

1.6 “Services” shall mean the services for sending SMS via the Solution provided by Ding Negoce to the Client under the conditions defined by the General Conditions.

1.7 “Solution” shall mean the software developed and published by Ding Negoce which allows the sending of SMS to Users.

1.8 “Short Messaging Service (SMS)” shall mean the message text sent via the Solution to the Users on their cell phone providing a unique authentication code.