General terms and conditions of sale and use

General terms and conditions of sale and use of the www.MyClass.mc platform

MYCLASS MONACO SAM is a limited liability company governed by Monegasque law, with a share capital of 160.000 euros, whose registered office is located at 3-5, Avenue des Citronniers – Le Prince de Galles – 98 000 MONACO, registered with the Trade and Industry Register of MONACO under number 18S07765, and represented by Mr David DENAIN, its legal representative (hereinafter "MyClass Monaco").

MyClass Monaco specialises in the field of computer programming, and its corporate purpose is the creation, operation, commercial development and distribution of mobile applications and websites for educational purposes and, on an ancillary basis, the retail sale, exclusively via the internet, of derivative products related to the main activity.

As part of its activities, MyClass Monaco has developed a platform for educational purposes, enabling Users (as defined below) to access and use a streaming platform over the internet, accessible at the address www.MyClass.mc, the purpose of which is the broadcasting of Content (hereinafter the "Platform").

These general terms and conditions of sale and use of MyClass Monaco (hereinafter the "GTCSU") constitute binding contractual provisions and define the terms and conditions under which MyClass Monaco allows Clients and Users to use the Platform in order to access and view the Content.

The GTCSU apply to the use of the Platform accessible on the website of MyClass Monaco, accessible at the address www.MyClass.mc, from a computer, a tablet, or a smartphone.

The Platform is the exclusive property of MyClass Monaco. All rights are therefore reserved.

IT IS IMPORTANT THAT EVERY CLIENT READS THE GTCSU CAREFULLY BEFORE ANY USE OF THE PLATFORM. MYCLASS MONACO FURTHER INVITES THE CLIENT TO PRINT A COPY OF THE GTCSU AND TO KEEP IT.

IF THE CLIENT DOES NOT ACCEPT THE TERMS OF THE SAID GTCSU, THEY MUST NOT CLICK ON "I ACCEPT THE GTCSU" WITH A VIEW TO SUBSCRIBING TO A SUBSCRIPTION, NOR USE THE PLATFORM OR ALLOW ITS USE BY USERS.

IN THE EVENT OF USE OF THE PLATFORM, THE CLIENT EXPRESSLY UNDERTAKES TO COMPLY WITH THESE GTCSU, AND GUARANTEES COMPLIANCE WITH THE LATTER BY THE USERS OF THE PLATFORM.

Article 1 — Definitions

For the interpretation of these GTCSU, the terms defined in this article shall have the meanings indicated below:

• Subscription: means any contract concluded between MyClass Monaco and the Client providing for the supply, free of charge or for a fee, of Content.
• Annual subscription: means a Subscription taken out for a minimum term of one (1) year whose termination may be carried out at any time but whose effects will only take place at the end of the period already paid for. It is renewable by tacit renewal, unless terminated.
• Monthly subscription: means a Subscription taken out for a minimum term of six (6) months, whose termination may be carried out at any time but whose effects will only take place at the end of the period already paid for.
• Free subscription (Freemium): means a Subscription taken out for three (3) free Content items. Once the three (3) Content items have been accessed, MyClass Monaco offers the Client another type of Subscription. Failing this, the Client will only be able to access these three (3) Content items.
• Client: means any natural person consumer within the meaning of the Consumer Code who contracts with MyClass Monaco in the context of a Subscription to the Content accessible on the Platform under the conditions set out in these GTCSU. By express agreement between the Parties, the Client guarantees compliance with these GTCSU by the User(s) using the Platform on their behalf, so that any commitment imposed on a User under the GTCSU is incumbent on the Client, who is solely responsible for the use of the Platform by the Users.
• Account: means the account created by the Client on the Platform allowing them to access the Platform and to use the Content at any time.
• Content: means the episodes of the educational animated audiovisual series available on the Platform, as well as all the constituent elements of these episodes, such as but not limited to all the audiovisual, textual, literary, sound, graphic, typographic and photographic elements and the information, as well as the application exercises with a level-based grading system and the recap mind maps of the lessons presented in the episodes of the educational animated audiovisual series, and which are published by MyClass Monaco. The details of the Content are available directly on the Platform.
• Contract: means the contract concluded between the Client and MyClass Monaco for the Subscription to the Content accessible on the Platform, the terms and conditions of which are defined in these GTCSU.
• Personal Data: means, within the meaning of the General Data Protection Regulation, any information relating to an identified or identifiable natural person; an "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity.
• Price: means the Price of the Subscription due from the Client in order to access and view the Content available on the Platform.
• Applicable Data Protection Regulations: means collectively Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended, and Regulation (EU) No 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, known as the "General Data Protection Regulation" or "GDPR".
• Party/Parties: means MyClass Monaco and the Client, individually or collectively.
• User(s): means any natural person, of legal age or a minor, who uses or has used the Platform on behalf of the Client under the terms of these GTCSU in order to use the Content. The use of the Platform is conditional upon the conclusion of a Contract by the Client, under the conditions defined in article 4 below. The Client is considered a User when they use the Platform.

Article 2 — Scope of application

2.1. These GTCSU constitute binding contractual provisions and define the terms under which MyClass Monaco markets the Content accessible on the Platform, in the form of a Subscription, as well as the conditions of access to and use of the Platform. In accordance with the regulations in force, the GTCSU are systematically communicated to the Client prior to the conclusion of the Contract, to allow them to place an order with MyClass Monaco in a fully informed manner.

The GTCSU apply without restriction or reservation to all contracts concluded between MyClass Monaco and its Clients, except by express written agreement between the Parties. Consequently, any contrary condition invoked by the Client shall be unenforceable against MyClass Monaco, regardless of the moment at which it may have been brought to its attention. Any order relating to a Subscription addressed to MyClass Monaco therefore implies, on the part of the Client, unreserved acceptance of these GTCSU.

MyClass Monaco reserves the right to make changes to these GTCSU at any time, without notice. MyClass Monaco undertakes to inform the Client of any modification of the GTCSU and to submit the new version for their acceptance.

2.2 In the context of these GTCSU, MyClass Monaco grants the Client a limited, non-exclusive and non-transferable right of access to and use of the Platform, and of consultation of the Content for which the Client has previously placed an order with MyClass Monaco, in accordance with the provisions of article 2.1 above.

In this regard, it is specified that the authorised use of the Platform is strictly limited to the context of streaming. Any use outside the aforementioned context constitutes a violation of the rights of MyClass Monaco and shall be liable to prosecution.

Any use of the Platform by the Client and the Users implies full and unreserved acceptance of these GTCSU.

Article 3 — Description of the Platform

3.1. The MyClass Monaco Platform, accessible at the address www.MyClass.mc, is an internet streaming platform allowing the Client who has acquired access and use rights to the Content to access the latter on computers, tablets and smartphones, and to view and/or listen to the said Content without having to download it beforehand.

3.2. The use of the Platform thus assumes that the Client has the skills and equipment (PC, Mac, smartphone or digital tablet) necessary to access the Platform and to use it, and shall, consequently, personally bear all the costs related to this equipment (in particular telecommunication costs).

Article 4 — Formation of the Contract

Access to the Platform and consultation of the Content are conditional upon the conclusion of a Contract between the Parties. The Contract is concluded electronically, via the website www.MyClass.mc.

The conclusion of the Contract requires the Client to express their free and informed consent to MyClass Monaco, which is expressed through their express acceptance of these GTCSU.

4.1 Creation of the Account

To access the Content, the Client must create an Account which allows them to connect to the Platform.

The Client enters their surname, first name, email address, password and status. They acknowledge and accept that their login details (email address and password) are strictly personal, and must not be communicated to third parties under any pretext.

The Client declares and warrants that all information provided to MyClass Monaco is complete, accurate and precise, and undertakes, as necessary, to update the said Personal Data concerning them on their Account, so that the latter remain complete and accurate

The Client is solely responsible for any use or action carried out from their Account.

4.2 Free subscription

In this context, the Client can freely access the free Content after having created their Account.

The Client can change their Subscription plan at any time.

4.3 Order placement process – Paid subscription

In this context, the Client wishing to place an order with MyClass Monaco to access the Content of the Platform is required to follow the online registration and ordering procedure described below.

To do so, the Client must first select the desired type of Subscription on the Platform accessible at the address www.MyClass.mc by clicking on "ADD TO CART".

The Client is then automatically redirected to their cart accessible on the /cart/ page containing the summary of the selected Subscription, the Price (subtotal and total).

At this stage, the Client can continue the ordering procedure, or return to the list of Subscriptions available on the Platform. Each time a new Subscription is selected, the Client must click on their cart containing the information relating to the order in progress.

At any time, the Client may, where applicable, correct their order and delete the selected Subscription by clicking on the delete symbol "X".

The Client may also add a promotional code for the acquisition of access rights relating to a Subscription by clicking on "Apply promo code", and thus benefit from discounts on the applicable Price.

If, after having reviewed the Subscription selected in their cart, the Client wishes to continue their order, they must proceed to the next step by clicking on "Confirm order".

Placing the order requires the Client to create an account. To do so, the Client is required to enter the Personal Data concerning them which is in particular processed by MyClass Monaco for billing purposes.

In this context, the Client is required to specify the following information: surname, first name, contact details and payment card data.

The Client declares and warrants that all information provided to MyClass Monaco is complete, accurate and precise, and undertakes, as necessary, to update the said Personal Data concerning them on their Account, so that the latter remain complete and accurate.

In the event that the Client already has an Account on the day the order is placed, they are invited to log in by clicking on "Already a client? Click here to log in" by indicating their email address and personal password.

When placing the order, these GTCSU are submitted to the Client, who undertakes to read them before any acceptance thereof.

If, after having reviewed the GTCSU, the Client agrees with the terms of conclusion of the Contract, they must accept the GTCSU and confirm payment to definitively validate their order.

This second click constitutes an electronic signature. This signature has the value of acceptance between the Parties in the same way as a handwritten signature. However, it is only once the payment is accepted that the order is definitively placed and the Contract concluded between the Parties. The Client thus acknowledges and accepts that, by concluding the Contract, they expressly authorise MyClass Monaco to debit their bank account associated with the payment method entered during the order.

The order is recorded in the computerised registers of MyClass Monaco, themselves kept on a reliable and durable medium which shall be considered as proof of the contractual relations entered into between the Parties. It is specified that MyClass Monaco has taken out a distance selling contract with its banking institution. The banking transaction is secure and, in no way, does MyClass Monaco retain any banking information on the Client.

Once the Contract is concluded, MyClass Monaco sends the Client an acknowledgement of receipt electronically to the email address indicated on the order form.

4.3 Price

4.3.1 Principle

The Subscriptions offered by MyClass Monaco to the Client in the context of the Contract are supplied at the Price appearing in the commercial offer on the /catalogue page. The Prices of the Subscriptions are stated in euros and are inclusive of all taxes.

MyClass Monaco reserves the right to modify the Price of the Subscriptions at any time.

The applicable Price is the one indicated on the /catalogue on the day the order is placed.

4.3.2. Price modification

The Subscriptions are invoiced by MyClass Monaco on the basis of the rates in force at the time of the order.

MyClass Monaco reserves the right to increase the price of the Subscriptions. In this case:

• For a monthly Subscription, the increase will apply at the end of the 6-month subscription period.
• For an annual Subscription, the increase will apply at the end of the 12-month subscription period.

MyClass Monaco will send the Client an email informing them of the increase in the price of the Subscription and its date of application at least one (1) month before this increase comes into force.

4.3.3. Change of Subscription plan

The Client may change their Subscription plan under the following conditions:

• The change from an individual Subscription to a family Subscription will take place at any time and will be taken into account immediately, the relevant features being unlocked;
• The change from a family Subscription to an individual Subscription will take effect at the next financial due date, the Client having to select the profile remaining active at that time.

4.3.4. Financial terms

Payment is made:

• By bank card bearing one of the following logos: CB, Visa, Mastercard, using the 3D Secure procedure implemented by SogeCommerce;
• By means of the form appearing on the Platform, in the context of placing the order.

The order will only be considered accepted by MyClass Monaco once the bank payment centres concerned have given their agreement and MyClass Monaco has validated the order with regard to its risk acceptance criteria. In the event of acceptance of the Subscription via Sogecommerce, the Client will be informed by the sending of the order confirmation by email. In the event of refusal of the Subscription, the order will be automatically refused and the client will also be informed by email.

Article 5 — Operation of the Account – Access to the Content

5.1. Once they have created their Account, the Client has reserved and secure access to their Account, by means of which they can access and view the selected Content at any time. In this regard, it is nevertheless specified that the availability of the Content on the Platform is linked for each Content item to the duration of the Subscription taken out. At the end of this period, the Client must again pay the Price in order to be able to access and consult the Content.

The Client may also access their Personal Data, their payment methods and billing data.

5.2. The Account is accessible by means of a personal login and password, which will be required at each connection to the Platform. The Client may not under any circumstances create more than one Account on the Platform, except with the express agreement of MyClass Monaco.

5.3. The logins and passwords are strictly personal and confidential and must not under any circumstances be disclosed or shared with third parties. Each Client is personally responsible for keeping their login and password confidential, as well as for all actions, fraudulent or not, that may be carried out under their login and/or password, MyClass Monaco not being able to be held responsible in any way in this regard.

The Client undertakes not to transmit their login and password to a third party or to another Client in order to access Content to which the latter have not subscribed.

In the event of loss or forgetting of their password, the Client must follow the reset procedure from the Platform interface, MyClass Monaco not having the passwords of the Clients.

5.4. The Client must, without delay, report any case of suspected unauthorised access or use of their Account or fraudulent access to their login and/or password.

Article 6 — Client obligations

6.1. The Client acknowledges that the rights to the Platform are the exclusive property of MyClass Monaco.

The Client is solely responsible for the use they make of the Platform, as well as for the use made by their User(s), and consequently undertakes in this context to:

• not use the Platform for illegal or fraudulent purposes;
• not use the Platform other than in the context of normal use or for purposes not provided for in these GTCSU;
• not impersonate, nor attempt to connect to an Account other than their own;
• not publish, transmit, broadcast, edit or make accessible on or through the Platform, any content that could constitute a violation of public order and/or morality, defamation, insults, denigration, threats, blackmail, harassment, incitement to violence, racial hatred and more generally to the commission of crimes and offences, invasion of privacy, breach of personal data protection, acts endangering minors, the manufacture, transmission, broadcasting or accessibility of messages of a violent, paedophilic or pornographic nature, or of a nature to undermine dignity;
• not engage in any infringement (counterfeiting by imitation, distortion, reproduction or servile or partial representation) of the intellectual property rights (in particular copyright, trademarks, designs and models, domain names, personal data, databases) of MyClass Monaco or any other property right belonging to MyClass Monaco or to others;
• not download or attempt to download all or part of the Content put online or made accessible by MyClass Monaco, directly or indirectly, on the Platform;
• not post or broadcast, in any form whatsoever, information or content having the effect of disrupting the normal use of the Platform;
• not post or broadcast in any form whatsoever information or content incorporating links to third-party sites that are of an illegal or fraudulent nature;
• not dissociate or attempt to dissociate, decompile or disassemble the constituent elements of the Platform, and more specifically not engage in analyses of the system comparable to reverse engineering;
• not download files potentially dangerous for the integrity of the Platform, such as viruses or malicious software.

6.2. In the event of a breach by the Client, or by a User acting on their behalf, of one of the aforementioned obligations, or of any of the provisions of these GTCSU, MyClass Monaco reserves the right, at any time, to suspend, block and/or delete the Client's Account.

Furthermore, if MyClass Monaco is forced to close the said Account due to the non-compliance with its obligations under these GTCSU, it shall be entitled to take any appropriate legal action with a view to obtaining the damages that may be due to it, as well as any civil or criminal proceedings where the conduct complained of is likely to be qualified as a civil fault and/or a criminal offence.

Article 7 — Intellectual property

7.1. No provision of these GTCSU, nor access to and/or use of the Platform, implies any transfer of intellectual property right (such as, non-exhaustively listed: copyright, trademark, design and model, domain name, personal data, database) from MyClass Monaco to the Client or a User. The Client therefore expressly refrains from infringing, directly or indirectly, the Platform or any of its constituent elements, including the Content.

7.2. The Content of the Platform, and in particular all the audiovisual, cinematographic, textual, narrative, literary, sound, graphic, typographic and photographic elements, the information, the files, the reports, the documents, the lessons, the software and databases, etc. are protected by the provisions of the Intellectual Property Code and are the full and entire property of MyClass Monaco, which the Client expressly acknowledges.

The intellectual property rights of MyClass Monaco over the Platform and its Content remain in force until the last right attached thereto duly falls into the public domain.

7.3. The Client expressly undertakes not to infringe, directly or indirectly or through third parties with whom they are associated, the intellectual property rights of MyClass Monaco.

The Client acknowledges that MyClass Monaco grants them, under these terms, only a limited, non-exclusive and non-transferable right of access to the Platform and of consultation of the Content to which the Client accesses via their Subscription.

The Client in particular refrains from:

• putting online, downloading, duplicating, integrating, publishing, sending, or making available, in any way whatsoever, any Content published by MyClass Monaco on the Platform;
• making copies of the Platform or the Content;
• using the Content outside the scope of the Subscription (family circle for the identified user(s) of the Client or exclusively their class for the teacher);
• assigning, renting, sub-letting or transferring the Content to a third party without the prior written consent of MyClass Monaco.

7.4. Without limiting the scope of the other provisions of the GTCSU, the name "MyClass Monaco", the logos, the domain names, the site and all the other trademarks and/or trade names contained on the Platform or any Content available on the latter are trademarks, trade names or marks of MyClass Monaco (hereinafter collectively referred to as the "Marks"). The Client expressly undertakes not to reproduce, represent or exploit the Marks in any way whatsoever, under penalty of civil and criminal proceedings.

7.5. The Client's commitments provided for in this article 7 remain in force until the last intellectual property right of MyClass Monaco falls into the public domain.

In the event of use of the Platform or the Content exceeding the use defined in the GTCSU, the Client is exposed to proceedings for infringement, both civil and criminal, or for economic parasitism and unfair competition.

Article 8 — Protection of personal data

In the context of the performance of these GTCSU, MyClass Monaco is required to process personal data relating to the Clients and Users of the Platform, in its capacity as data controller, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation or "GDPR"), and where applicable, with any local law on the protection of personal data that may be applicable (hereinafter together "Applicable Regulations").

The processing of personal data carried out by MyClass Monaco pursues the following purposes:

• Administrative and technical management of Accounts and profiles;
• Management of Subscriptions (ordering, billing, Client relations);
• Management of the security and proper functioning of the Platform;
• Management of contact requests ("contact us" form);
• Management of pre-litigation and litigation;
• Management of commercial prospecting;
• Management of the rights of data subjects over their data (right of access, right of rectification, right to erasure, etc.);
• Analysis of navigation on the Platform (audience measurement).

MyClass Monaco uses only the personal data necessary for the achievement of these purposes.

The Privacy Policy, accessible on each of the pages of the www.MyClass.mc site, details the information on the processing of personal data carried out by MyClass Monaco (purposes and legal bases of the processing, categories of data concerned, recipients of the data, retention period and rights of individuals).

Article 9 — Confidentiality

The Parties undertake to consider as strictly confidential all the information, of whatever nature and on whatever medium, transmitted by one Party to the other, or to which a Party may have had access or may have been able to collect during the operation and/or use of the Platform.

MyClass Monaco undertakes in particular to maintain the confidentiality of the information collected upon the conclusion of the Contract by the Client and relating to the latter, as well as any information communicated for the creation of the account and during the use of the Platform.

This obligation shall remain in force throughout the entire period of use of the Platform and for a period of five (5) years, from the closure of their Account, whatever the cause or the date.

This obligation of confidentiality does not, however, apply to information with regard to which the Party receiving it can provide proof:

• that it was lawfully in their possession before receiving it from the other Party; or that they obtained it before the conclusion of a Contract by the Client;
• that it had, on the date of conclusion of the Contract or subsequently, fallen into the public domain;
• that it was expressly designated as non-confidential by the issuing Party;
• that it was communicated to them by a third party in good faith without that third party having required a confidentiality commitment from them;
• that it was obtained or developed by one of the Parties without the help of the information communicated by the other Party,
• that it must be disclosed by virtue of a mandatory legal or regulatory provision, or an order emanating from a supervisory, control or judicial authority. In such a case, the communication of the information must be limited to what is strictly necessary, following prior written notification by the Party bound by the obligation of disclosure to the other Party.

Article 10 — Warranties – Liability

10.1. MyClass Monaco ensures the availability and continuity of the Platform within the limits of technical possibilities. It is thus understood that MyClass Monaco may not under any circumstances be held responsible for any interruption of the Platform due to technical problems, malfunction, maintenance, congestion of the internet network or failure of any other teletransmission system that could prevent the operation of the Platform.

Consequently, the Client expressly acknowledges that:

• MyClass Monaco does not guarantee that the Platform operates without interruption, nor error of operation;
• MyClass Monaco does not guarantee the continuity and quality of the communication links with the User;
• MyClass Monaco exercises no control over the use of the Platform by the Client and their Users.

Therefore, subject to what is permitted by applicable law, no liability or challenge by the Client or any other person affected by the Platform may be recognised for any damage, including, without limitation, indirect damage, special damage, punitive damage or damage arising from the use of the Platform, resulting from: (i) the unavailability of the Platform or (ii) any technical difficulty affecting the Platform or (iii) inability to use, in whole or in part, the Platform or (iv) unauthorised or altered access to the Platform, or (v) a breach of the GTCSU by the Client.

The Client is free to cease the use of the Platform without delay and to request the closure of their Account. In the event that certain jurisdictions do not recognise the exclusions or limitations of liability, for the damage resulting from the use of the Platform, the foregoing exclusions will not be applied to the Client before those jurisdictions.

In the event that the liability of MyClass Monaco is engaged, in particular due to a malfunction of the Platform, MyClass Monaco may defeat such an action, at its sole discretion, by correcting the anomaly or updating the Platform.

In any event, the Client expressly acknowledges that MyClass Monaco exercises no control over the comments and reviews issued by Clients on the Platform, and may not assume any liability in this regard.

10.2. Legal guarantee of conformity applicable to digital Content or a digital service supplied on a continuous basis

The Client also benefits from the legal guarantee against hidden defects pursuant to the provisions of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a reduction in price if the Content or the digital service is kept, or to a full refund in exchange for relinquishing the digital Content or the digital service. It is however specified for digital Content that the legal guarantee does not apply if the defect is directly attributable to the incompatibility between the digital Content/service and the digital environment of the Client, provided that the Client has been duly informed by MyClass Monaco of the technical compatibility requirements. The Client agrees, where applicable, to cooperate reasonably with MyClass Monaco in order to determine whether the lack of conformity is genuinely caused by this incompatibility.

Article 11 — Cloud System

The Content and other information are made available on the Platform, accessible at the address www.MyClass.mc according to the SAAS – Cloud information processing system. Through this system, no installation of software is necessary to access the Platform in the form of a website. No maintenance is therefore required, on the Clients' workstations, in the context of such use of the Platform. The features of the Platform are automatically updated on the Platform, without the need for any download for the Clients. The Clients must nevertheless regularly update their internet browser to ensure their perfect compatibility with the Platform.

Article 12 — Duration – Termination

12.1. The GTCSU take effect from the conclusion of a Contract between the Client and MyClass Monaco, in accordance with the provisions of article 4 above. The GTCSU shall remain in force throughout the entire period of use of the Platform by the Client and their Users, subject to the closure of their Account making access to the Content of the Platform impossible.

12.2. By exception to the foregoing, each of the Parties may terminate the Contract, in the event of technical difficulties or a breach by the other Party of its obligations provided for in the GTCSU, following a formal notice to remedy the situation that has remained unsuccessful at the end of a period of fifteen (15) days, from its first presentation, by any written means with acknowledgement of receipt. In the event of a breach of the GTCSU by the Client, MyClass Monaco may also limit, prohibit or block the access of the Client and their Users, to all or part of the Platform, and/or modify the operating conditions thereof (including pricing), without any notice or compensation.

In the event of termination attributable to the Client, the latter will be informed of the termination of their access to the Platform and of the closure of their Account by email. In the event that MyClass Monaco suspends, terminates or blocks the access of the Client to the Platform, the latter must not attempt to re-register, to connect via the Account of another Client or give false information in order to create a new account. Any re-registration of the Client on the Platform requires the prior written authorisation of MyClass Monaco.

The following shall in particular be considered as commitments whose non-performance may entail the termination of the GTCSU and the deletion of the Client's Account:

• the obligations relating to the use of the Platform and to the consultation of the Content;
• the obligations relating to intellectual property rights and to confidentiality, respectively provided for in articles 6, 7 and 9 of the GTCSU;
• the non-acceptance of contractual or pricing modifications.

12.3. In the event of termination of the GTCSU, whoever the author may be, the Client undertakes to cease immediately and definitively all use of the Platform.

12.4. In any event, the termination of the GTCSU shall not exempt the Client from their obligations under the GTCSU (including, but not limited to, in terms of intellectual property, of confidentiality, etc.).

In accordance with article L215-4 of the Consumer Code, the terms of the following provisions of the same code are recalled:

Article L215-1 of the Consumer Code:

"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated personal letter or email, at the earliest three months and at the latest one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract that they concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in a visible box, the deadline for non-renewal.

When this information has not been sent to them in accordance with the provisions of the first paragraph, the consumer may freely terminate the contract, at any time from the date of renewal.

Advances made after the last renewal date or, with regard to contracts of indefinite duration, after the date of transformation of the initial fixed-term contract, are in this case refunded within a period of thirty days from the date of termination, after deduction of the sums corresponding, up to that point, to the performance of the contract.

The provisions of this article apply without prejudice to those that legally subject certain contracts to particular rules with regard to the information of the consumer".

Article L215-1-1 of the Consumer Code:

"When a contract has been concluded electronically or has been concluded by another means and the professional, on the day of termination by the consumer, offers the consumer the possibility of concluding contracts electronically, termination is made possible according to this modality.

To this end, the professional makes available to the consumer a free feature allowing them to accomplish, electronically, the notification and the steps necessary for the termination of the contract. When the consumer notifies the termination of the contract, the professional confirms to them the receipt of the notification and informs them, on a durable medium and within reasonable times, of the date on which the contract ends and of the effects of the termination.

A decree shall determine in particular the technical modalities of a nature to guarantee an identification of the consumer and easy, direct and permanent access to the feature mentioned in the second paragraph, such as its modalities of presentation and use. It determines the information to be provided by the consumer".

Article L215-3 of the Consumer Code:

"The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals".

Article L241-3 of the Consumer Code:

"When the professional has not made the refund under the conditions provided for in article L. 215-1, the sums due bear interest at the legal rate".

Article 13 — Sanctions

Any violation or attempted violation of any of the provisions of these GTCSU, by a Client, causes irreparable harm to MyClass Monaco. MyClass Monaco may consequently bring any remedy at its disposal in order to enforce any provision of the GTCSU and to prevent the Client concerned from disclosing, modifying, transferring and/or using the Platform, in whole or in part, directly or indirectly, in violation of the GTCSU.

In the event of illegal or unauthorised use of the Platform, and/or violation of the Content, MyClass Monaco reserves the right to report the offence to the judicial and/or police authorities.

Article 14 — Notifications

Notifications to the Client are regularly made by email to the contact details indicated by the Client in the context of the conclusion of the Contract.

Article 15 — Right of withdrawal

In accordance with article L. 221-28 of the Consumer Code, the Client acknowledges that no right of withdrawal is applicable for access to the Content offered by MyClass Monaco. The Client therefore consents to the immediate performance of the services relating to the Subscription taken out, the confirmation of which was notified to them by email to the address indicated upon the conclusion of the Contract.

In the same way, when the Client benefits from a free Subscription, they do not benefit from a right of withdrawal.

Article 16 — Client Service

The Client is invited to contact MyClass Monaco for any question relating to the Platform and/or its use. To do so, the Client may send an email at any time to the address info@myclassmonaco.mc.

Article 17 — Invalidity – Tolerance

17.1. If one or more provisions of the GTCSU are held to be invalid or declared as such pursuant to a law, a regulation or as a result of a final court decision, the other provisions shall remain valid and shall retain their full force. In such a case, MyClass Monaco undertakes to proceed without delay with the necessary modifications and to inform the Client promptly thereof.

17.2. No act of tolerance on the part of MyClass Monaco as regards the application of any clause of the GTCSU may be interpreted as constituting a waiver of the right to invoke the rights granted to it by the said clause of the GTCSU.

Article 18 — Complaint – Customer service – Mediation

18.1. Customer Service

The customer service of MyClass Monaco is available to the Client from Monday to Friday; excluding public holidays, from 8.30 a.m. to 7 p.m.

Its contact details are as follows:

• Email address: For assistance with the execution of an Order, the exercise of the right of withdrawal, the invocation of legal guarantees, the issuing of a complaint, or for any other information related to the Order, you can contact customer service directly at the following number:

18.2. Mediation

In the event of a dispute relating to the Order, the Client may lodge a complaint with the customer service of MyClass Monaco

If the response of this service does not satisfy the Client or if they have not received a response within a period of two (2) months after the lodging of their complaint, they have the possibility of referring the matter to the Paris Mediation and Arbitration Centre or "CMAP" either:

• via the form available on the CMAP website at the address mediateur-conso.cmap.fr,
• by email to consommation@cmap.fr,
• or by postal mail to the address CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris.

18.3. Online dispute resolution

The European Union makes available to consumers a platform whose purpose is to collect any complaints arising from an online purchase by European consumers:

http://ec.europa.eu/consumers/odr/.

If the Client encounters a difficulty concerning an online purchase, they may use this site to try to obtain an out-of-court settlement. To use it, the Client must live within the territory of the European Union.

The Client may use it to lodge a complaint concerning goods or services that they have purchased over the internet and find a neutral third party (a "dispute resolution body").

Article 19 — Applicable law – Attribution of jurisdiction

These GTCSU, and more broadly the relations between MyClass Monaco and the Client, are governed and interpreted in accordance with French laws and regulations.

The Parties undertake to submit any dispute relating to these GTCSU, to their interpretation, their validity and/or their performance to an attempt at amicable resolution which shall in no event last more than forty-five (45) days.

In the event of failure of the attempt at amicable resolution, at the end of a period of two (2) months, from the first notification relating to the dispute, the Parties shall submit the said dispute to the materially and territorially competent courts.