General Terms of Use
Last updated: October 10, 2025
0. Definitions
For the purposes hereof, the terms below shall have the following meanings :
- “EKOVIO” means EKOVIO, a French simplified single-shareholder joint-stock company (SASU) with a share capital of one thousand (1,000) euros, whose registered office is located at 248 rue de l’Est, 69290 Craponne, France, registered under SIREN number 992 555 797 with the Lyon Trade and Companies Register, represented by Mr. Romain PELEN.
- “Application” means the SaaS software solution “EKOVIO” enabling the import of data, the application of Extended Producer Responsibility (EPR) rules, the calculation of eco-contributions, and the preparation of declarations.
- “User” means any legal entity that is a client of EKOVIO and accesses the Application in the course of its professional activity.
- “Client Data” means the data imported or entered by the User into the Application (such as product information, sales, weights, categories, data correspondence mappings, etc.).
- “Evidence” or “Audit Trail” means the traceability elements retained by EKOVIO, including timestamps, fee schedule versions, calculation logs, validations, and data exports.
- “Services” means all functionalities provided by EKOVIO through the Application.
- “Mandate” means a separate written representation mandate authorizing EKOVIO to file declarations on behalf of the User.
- “Connectors” means the third-party integrations made available (such as Amazon, WooCommerce, PrestaShop, Shopify, etc.).
1. Purpose – Presentation of EKOVIO
1.1. These General Terms of Use (GTU) are intended to define the conditions under which EKOVIO provides the Services through the Application, exclusively for professional clients (B2B). Use of the Application by consumers for private purposes (B2C) is expressly excluded.
1.2. Upon launch, EKOVIO’s geographical coverage concerns the European continent (with a gradual extension that may be considered at a later stage). However, the Application may be used by foreign entities to make declarations relating to French and European regulations.
1.3. The Application includes, in particular, a web interface, as well as various e-commerce connectors. It also enables data export (in CSV and Excel formats) and includes a timestamped audit trail allowing the operations carried out by the User to be tracked.
1.4. With regard to any third-party Connectors used by the User, their implementation requires the User to accept and comply with the general terms of use or sale applicable to each third-party publisher (such as Amazon, WooCommerce, PrestaShop, Shopify, etc.).
1.5. Beta phase – Until the end of the beta period, certain features of the Application may be modified or withdrawn at any time, without any enhanced service level commitment by EKOVIO during this period.
2. Account Creation and Access
2.1. Registration – A User account on the Application is created by registering a valid email address and setting a strong password. No single sign-on (SSO) solution is offered at this stage.
2.2. Profile and rights – When creating its account, the User is assigned an application role of “customer” (read-only) on the Application. Other access rights and privileges within the Application are managed directly by EKOVIO and may evolve depending on the needs of the Service.
2.3. Security – Multi-factor authentication (MFA) is required to access the Application, in the form of email verification, through an authentication application (2FA), or by using a physical security key. The User undertakes to keep its login credentials confidential and to inform EKOVIO without delay of any unauthorized use of its account or any compromise of its access methods.
2.4. Inactivity – In the absence of an active contract, User accounts that remain inactive for a period of two (2) years may be deleted or anonymized by EKOVIO at its discretion.
2.5. Account closure – The closure of a User account must be requested through EKOVIO support. Effective account closure is subject to the following cumulative conditions: (i) the User must have no outstanding payments owed to EKOVIO, (ii) the User must have updated all of its regulatory declarations and paid the eco-contributions due for each relevant stream, and (iii) the User must have paid all remaining fees, if any, owed to EKOVIO. Subject to compliance with these conditions, EKOVIO shall proceed with the permanent closure of the account within approximately thirty (30) days.
3. Contractual Documents and Order of Precedence
3.1. The Contract between the User and EKOVIO consists of the following contractual documents, in descending order of priority: (i) these General Terms of Use and Sale of EKOVIO (GTU/GTS), (ii) EKOVIO’s Privacy Policy, and (iii) the Data Processing Agreement (DPA) entered into between the Parties.
3.2. In the event of any inconsistency between one or more provisions of the documents making up the Contract, the provisions of the GTU/GTS shall prevail over those of the DPA, which shall themselves prevail over those of the Privacy Policy.
4. Offer, Trial and Subscriptions
4.1. Free trial – A free offer allows Users to benefit from a limited scope of the Application’s functionalities for testing purposes. A subscription is required to access all functionalities.
4.2. Pricing – Access to the Application is provided through a paid subscription, either on a monthly or annual basis. The subscription price is calculated per client legal entity, depending on the number of EPR streams covered and the total amount of eco-contributions declared via the Application. All prices are available on EKOVIO’s website.
4.3. Automatic renewal – Each subscription is automatically renewed at the end of the initially subscribed period (month or year, depending on the selected plan), for an equivalent period, unless terminated by the User under the conditions set out herein.
4.4. Plan change – The User may upgrade or downgrade its subscription plan at any time. Any change of plan shall take effect immediately, with the price adjusted on a pro rata temporis basis for the current subscription period (calculated to the nearest month). In the event of a downgrade, the User shall continue to benefit from the Services until the end of the commitment period.
4.5. Annual discount – If the User commits to an annual term, it benefits from a contractual discount of 16.667% (corresponding to two months free out of twelve) compared with the total cost of an equivalent monthly subscription over twelve consecutive months.
4.6. Scope of the Services – The subscription covers all standard functionalities of the Application, including access to the various supported Connectors, data import and export, automated calculations by stream, generation of exports compliant with the formats required by eco-organizations, as well as access to the full audit trail of operations.
4.7. Options – All available streams are treated by the Application as optional and will be billed separately upon onboarding or when declarations are filed.
4.8. Technical quotas – In order to ensure the security, stability, and quality of the Service, EKOVIO reserves the right to implement reasonable technical limits or quotas regarding the use of the Application. By way of illustration, EKOVIO may restrict the number of API calls, the size of files imported by the User, or the number of subsidiaries or projects that may be managed under a single account, such measures being intended to prevent abusive use or service degradation.
5. Price, Invoicing and Payment
5.1. Currency and VAT – Subscription prices are stated in Euros (€) and exclude taxes. VAT is applied and charged in addition where required by applicable tax regulations. The corresponding invoices are made available to the User in its customer area within the Application. It is specified that VAT does not apply to eco-contribution amounts collected on behalf of eco-organizations where such amounts are invoiced outside the scope of VAT (in accordance with the regime applicable to eco-organizations).
5.2. Payment methods – Subscription payments are made, depending on the case, by bank card through the secure payment provider Stripe, and/or by automatic direct debit also operated by Stripe. Payment by bank transfer may be accepted by EKOVIO for certain annual subscriptions or “Enterprise” offers, at EKOVIO’s sole discretion and subject to prior agreement.
5.3. Payment incident – In the event of non-payment or late payment of an invoice that has fallen due, EKOVIO may suspend the User’s access to the Application and the Services automatically and immediately, until all sums due have been paid in full. No fixed debt collection fee shall be charged to the User in addition to the amounts remaining due.
5.4. Price revision – EKOVIO reserves the right to change the price of its subscriptions on the anniversary date of the Contract. Any pricing change shall be communicated to the User with at least thirty (30) days’ notice. If the User refuses the new price, it may terminate its subscription at the end of the current period, it being understood that no pro rata refund of the current subscription period shall be made.
5.5. Refund – Except where otherwise required by mandatory law, no pro rata refund shall be made in the event of termination or early discontinuation of the subscription by the User. Access to the Services shall remain available until the end of the subscription period already paid for.
6. Term, Termination and Reversibility
6.1. Subscription term – Termination by the User – The Contract is entered into for the duration of the subscription chosen by the User (monthly or annual) and is then automatically renewed in accordance with Article 4.3 above. The User may terminate its subscription at any time, provided that EKOVIO is notified at least thirty (30) days before the expiry date of the current period. Termination shall take effect at the end of the monthly or annual period already started, and the User shall remain liable for the subscription price until that date.
6.2. Termination for breach – In the event of a breach by either Party of any of its essential obligations under the Contract, the other Party may, fifteen (15) days after sending a formal notice by registered letter with acknowledgment of receipt that has remained without effect, notify termination of the Contract, without prejudice to any damages it may claim. Early termination fees may, where applicable, be charged to the User in accordance with the provisions of the purchase order or accepted quotation.
6.3. Data reversibility – In the event of termination or expiry of the Contract, the User may request that EKOVIO provide it with a complete export of its Client Data in a commonly used standard format (CSV or JSON). EKOVIO shall comply within a reasonable timeframe from the request. Thereafter, and unless a legal retention obligation provides otherwise, the Client Data and related Evidence shall be retained by EKOVIO for a period of two (2) years from the termination date, after which they shall be deleted or anonymized from its systems.
6.4. Retention of Evidence – Notwithstanding Clause 6.3 above, certain specific Evidence, such as historical versions of regulatory fee schedules or detailed calculation logs relating to eco-contributions, are retained by EKOVIO for a period of up to ten (10) years (in accordance with Article 19.3 below) for evidentiary and regulatory compliance purposes.
7. Included Services – Availability – Support – Backups
7.1. Service availability – EKOVIO uses its best efforts to ensure an availability rate for the Application and the Services of 99.99% for each calendar month. This availability rate excludes scheduled maintenance periods, force majeure events, or failures affecting third-party providers external to EKOVIO’s Service.
7.2. Maintenance – EKOVIO may carry out scheduled maintenance operations likely to cause temporary interruptions to the Application and the Services. To the extent possible, such interventions are performed outside peak usage hours. EKOVIO also reserves the right to intervene at any time, including without prior individual notice to the User, in case of emergency (in particular for security reasons or to prevent a serious malfunction).
7.3. Customer support – The User benefits from technical and functional support provided by EKOVIO, accessible by email or through the contact form available in the customer account within the Application. This support is available during normal business hours (Monday to Friday, CET hours, excluding public holidays in France). During the beta phase of the Service, no specific response time commitment (SLA) is provided, although EKOVIO endeavors to respond as quickly as possible.
7.4. Hosting – The Application and the related data are hosted by Infomaniak on infrastructures located in Switzerland. The User is informed that Switzerland benefits from an adequacy decision of the European Commission in relation to the protection of personal data.
7.5. Backups – Client Data and technical usage data are backed up daily by EKOVIO, with a rolling retention period of approximately thirty (30) days. Recovery Point Objective (RPO) and Recovery Time Objective (RTO) targets are indicative; EKOVIO is bound by an obligation of means with respect to backup and restoration of data and implements procedures consistent with industry best practices in this area.
8. Changes to the Services
8.1. EKOVIO reserves the right to make changes and improvements to the Services and the Application at any time, including the addition of new features or the removal of existing features. In the event of the substantial removal of a feature previously available, the User may terminate its subscription without penalty at the end of the current contractual period (in accordance with Article 6.1 above). It is specified that no pro rata refund shall be made for the current subscription period.
8.2. Features identified as beta or experimental within the Application are provided “as is” by EKOVIO, with no guarantee of performance or continued availability over time. EKOVIO may freely modify, suspend, or withdraw such experimental features without notice, these elements not being considered essential components of the Service.
9. User Obligations
9.1. User responsibility for data – The User remains solely responsible for its use of the Application and for the accuracy of the Client Data entered therein. In particular, it is exclusively responsible for: (i) the choice of EPR streams and countries for which it uses the Application, as well as the quality, completeness, and updating of the data it imports or enters into the Application; (ii) verifying the eco-contribution amounts calculated by the Application based on its data; (iii) ensuring the compliance of the mapping (correspondence) between its products and the relevant EPR streams, and more generally any categorization or allocation of data it performs in the Application; and (iv) complying with the terms of use applicable to each third-party Connector that it decides to link to the Application.
Regulatory declarations. – By default, the User carries out its mandatory declarations itself with the competent eco-organizations, and EKOVIO does not act in its name. In the event that a separate written representation Mandate is signed between the User and EKOVIO, EKOVIO may act as agent to file regulatory declarations in the name and on behalf of the User. In such a case, EKOVIO undertakes only to transmit diligently and in compliance the declaration files and data provided by the User, the latter remaining in any event responsible for the accuracy and completeness of the transmitted data, the applied settings and fee schedules, and any supporting documents that may be required.
9.2. Acceptable use – The User shall refrain from any abusive, fraudulent, or unlawful use of the Application and the Services. In particular, the following are prohibited: unauthorized access to or fraudulent maintenance within EKOVIO’s information systems (intrusion or hacking), circumvention or attempted circumvention of security measures or technical limits implemented on the Application, deliberate server overload or any action likely to overload or disrupt the Service, mass and automated extraction of data (scraping), use of the Application outside the agreed functional scope or for unlawful purposes, as well as operation of the Service in high-criticality environments (for example, uses related to the nuclear sector, emergency medical services, or national defense).
9.3. No legal advice – The User acknowledges that EKOVIO is neither a law firm nor an authorized legal advisory body. The information, documents, or assistance provided through the Application (including regulatory monitoring content or suggestions generated by AI) are provided for informational purposes only in order to facilitate the User’s declarations and do not constitute legal advice. The User is invited, where appropriate, to have its regulatory compliance reviewed by its own legal counsel or competent experts.
10. Liability – Limitations
10.1. Obligation of means – The commitments undertaken by EKOVIO under the Contract constitute an obligation of means. EKOVIO shall use all reasonable efforts and diligence consistent with professional standards to provide the Services in accordance with these terms, without however guaranteeing the achievement of a specific result or the total absence of errors.
10.2. Exclusions of liability – EKOVIO shall in no event be held liable towards the User for damage or consequences resulting in particular from: (i) the User’s use of incorrect, incomplete, outdated, or non-compliant data contrary to EKOVIO’s instructions; (ii) breakdowns, interruptions, or malfunctions of telecommunications networks or services provided by third parties (including hosting services or third-party Connectors) over which EKOVIO has no control; (iii) temporary interruptions of the Application due to scheduled maintenance operations or necessary technical interventions referred to in Article 7.2; or (iv) a force majeure event or any cause beyond EKOVIO’s reasonable control.
10.3. Liability cap – In all cases where EKOVIO’s liability is established as a result of a proven breach of its obligations, for all causes combined and all losses combined, such liability shall be strictly limited, for all proven direct damages suffered by the User, to the amount excluding taxes actually paid by the User to EKOVIO under the subscription during the six (6) months preceding the event giving rise to the damage.
10.4. Indirect and consequential damages – EKOVIO shall in no event be liable for indirect or non-material damages that may be suffered by the User as a result of the use of or inability to use the Services, such as, in particular, loss of turnover, profit, data, clientele, or harm to its brand image. Likewise, EKOVIO shall not be required to compensate the User for any fines or sanctions imposed on it by an administrative authority, nor for losses or damage resulting from decisions taken by the User on the basis of estimates, simulations, or monitoring content provided by the Application that may not be exhaustive or perfectly up to date.
10.5. Limitation period – Any action or claim by the User against EKOVIO relating to the Services or the Contract must be brought within one (1) year from the day on which the User became aware, or should have become aware, of the event giving rise to the damage. After this period, the action shall be time-barred and no proceedings may be initiated by the User.
11. Intellectual Property – Data
11.1. EKOVIO rights – EKOVIO is and remains the holder of all intellectual property rights relating to the Application and the Services, including in particular software, source code, specific developments, trademarks, logos, graphics, interfaces, as well as content and regulatory templates made available within the Application. The Contract does not entail any transfer of intellectual property rights for the benefit of the User. The User is granted only a non-exclusive, non-transferable, and temporary right to use the Application, strictly limited to the needs of its internal business activity and in compliance with these GTU/GTS.
11.2. Feedback – The User is free to send EKOVIO feedback, suggestions for improvement, ideas, or recommendations concerning the Application and the Services. The User expressly agrees that EKOVIO may freely use such contributions, in whole or in part, to improve or develop its products and services, without any compensation or consideration of any kind being due in this respect.
11.3. Client Data – The Client Data shall remain the User’s exclusive property. EKOVIO acquires no ownership right over such data solely by reason of performing the Service. However, for the entire duration of the Contract, the User grants EKOVIO a non-exclusive, worldwide, royalty-free license to use the Client Data solely for the purpose of enabling EKOVIO to carry out the technical operations necessary to provide the Services (including storage, backup, data analysis for support or security purposes, etc.).
11.4. Aggregated and anonymized data – EKOVIO is authorized to use data derived from Client Data, provided that such data has first been aggregated, anonymized, or pseudonymized so that no confidential or personal information makes it possible to directly or indirectly identify the User or any third party. Such aggregated or anonymized data may be used by EKOVIO for statistical, research, reporting, or service improvement purposes. In this context, EKOVIO may also engage processors to handle such data, subject to compliance with applicable regulations.
11.5. Third-party software and Open Source – The Application may incorporate libraries, modules, or software components provided by third parties, including free and open-source software (open source), which are used in accordance with the open-source licenses or license agreements applicable to such components. The User agrees that the use of these components shall be governed by the terms of their respective licenses. Upon request, EKOVIO may provide the list of open-source components used and the references to their licenses, it being specified that no specific notice is necessarily displayed within the Application interface for this purpose.
12. Personal Data (GDPR)
12.1. EKOVIO’s roles – In the context of using the Application and the Services, EKOVIO may process personal data. In accordance with the General Data Protection Regulation (GDPR) and applicable legislation, EKOVIO acts as a Data Controller for the data it collects and processes on its own behalf (for example, customer account registration data, invoicing data, and support data). By contrast, for Client Data processed within the Application, EKOVIO acts as a Data Processor on behalf of the User, under the conditions defined by the Data Processing Agreement (DPA) entered into between the Parties.
12.2. Legal bases – Personal data processing carried out by EKOVIO is based on the following legal grounds: (i) performance of the Contract, for all data necessary to provide the Services (management of the User account, performance of eco-contribution calculations, invoicing, etc.); and (ii) EKOVIO’s legitimate interest, particularly with regard to Application security, fraud prevention, or analysis of Service usage for continuous improvement purposes, while respecting the rights and freedoms of the data subjects.
12.3. Data location – Transfers – Application data is hosted primarily in Switzerland, a country recognized by the European Commission as ensuring an adequate level of protection for personal data. EKOVIO may also use certain processors located outside the European Economic Area (for example Stripe for online payments or Google Analytics for audience measurement). In such cases, EKOVIO ensures that appropriate safeguards are in place to govern such data transfers (such as the execution of the European Commission’s standard contractual clauses, supplemented where appropriate by additional security measures).
12.4. Data security – EKOVIO implements technical and organizational security measures consistent with industry standards in order to ensure the confidentiality and integrity of personal data and Client Data. In this regard, all communications between the User and the Application are protected through encryption using TLS/SSL protocols, stored data (in particular as part of backups) is encrypted at rest (AES-256 encryption), access to systems and databases is strictly controlled and subject to action logging (logging), and EKOVIO deploys necessary security updates and patches within reasonable timeframes, relying on responsible disclosure procedures where vulnerabilities are discovered.
12.5. Retention periods – Personal data relating to the User account, login and usage logs of the Application, as well as any supporting documents provided, are retained for the entire duration of the Contract. At the end of the Contract (regardless of the reason), such data shall be retained in intermediate archive form for a period of two (2) years and then deleted or anonymized, unless specific legal obligations require longer retention. By way of exception, invoices and accounting data are retained for the period required by applicable financial and tax legislation.
12.6. Processors and recipients – EKOVIO uses processors for the provision of certain services associated with Client Data or the User’s personal data. As of the date of the latest update of these terms, EKOVIO’s main processors are: Infomaniak (data hosting in Switzerland), Stripe (online payment processing), and Google Analytics (statistical analysis of Application usage). EKOVIO undertakes to inform the User of any significant change concerning the addition or replacement of processors handling Client Data, and the User shall then have the possibility to submit observations or ask questions via support.
12.7. Data subject rights – The User, as a natural person concerned, or its legal representatives, have the rights provided for by personal data regulations. These include in particular the right to access personal data concerning them, to have it corrected or updated, to request its erasure, to object to or restrict certain processing operations, and the right to data portability. These rights may be exercised by contacting EKOVIO by email at the dedicated address: privacy@ekovio.com. EKOVIO may request proof of identity where necessary and undertakes to respond within the legal deadlines applicable to valid requests.
12.8. Data breach – In the event of a personal data breach (that is, a security incident having adverse consequences for the confidentiality or integrity of such data), EKOVIO shall notify the competent supervisory authority (in France, the CNIL) as well as the User as soon as possible and, in any event, within seventy-two (72) hours after becoming aware of the breach, insofar as such notification is required by applicable regulations. In that notification, EKOVIO shall provide the available information on the nature of the breach and the measures taken or to be taken to remedy it, in accordance with legal obligations.
13. Confidentiality – Evidence
13.1. Mutual confidentiality – Each Party undertakes to keep strictly confidential all information of a confidential nature (whether technical, commercial, financial, legal, or otherwise) obtained from the other Party in connection with the preparation and performance of the Contract, and in particular not to disclose it to unauthorized third parties or use it for purposes other than performance of the Contract. This confidentiality obligation shall not apply to information that is or becomes public through no fault of the receiving Party, information already known to that Party before disclosure, or information that a Party may be legally required to disclose (for example upon judicial or administrative request), provided that the other Party is informed in advance to the extent permitted.
13.2. Evidence agreement – The User expressly acknowledges that EKOVIO’s systems and electronic records shall constitute evidence between the Parties in the event of a dispute concerning actions performed through the Application. In support of its claims, EKOVIO may produce any record, file, log, or database extract from its systems, such as in particular: login credentials used, API keys, timestamps of operations, connection and action logs, connection IP addresses, orders placed, validations carried out, or generated data exports. Such items shall be admissible before the courts and shall constitute proof of the facts they contain unless proven otherwise.
14. Subcontracting – Assignment
14.1. Subcontracting – The User authorizes EKOVIO to subcontract all or part of the performance of the Services to third parties of its choice, it being understood that EKOVIO shall remain solely responsible vis-à-vis the User for proper performance of the Contract. EKOVIO shall ensure that any subcontractor so appointed provides sufficient guarantees regarding the implementation of appropriate security and confidentiality measures for the processing of any Client Data entrusted to it.
14.2. Assignment of the Contract – EKOVIO may assign or transfer this Contract, as well as any of its rights and obligations hereunder, to any entity of its choice, in particular in the event of a merger, acquisition, universal transfer of assets, or any other change of control affecting EKOVIO, subject to prior notice to the User. For its part, the User may not assign or transfer this Contract, or any of the rights or obligations arising therefrom, to a third party without EKOVIO’s express prior written consent.
15. Compliance – Ethics
15.1. The User declares that it complies and will continue to comply with all laws and regulations applicable to it with respect to anti-corruption, anti-money laundering, and compliance with embargos or economic sanctions. This includes, without limitation, compliance with the provisions of French Law No. 2016-1691 of December 9, 2016 (known as “Sapin II”) for entities subject thereto, as well as any foreign anti-corruption and anti-money laundering regulations that may apply depending on where its activities are carried out.
15.2. In the event EKOVIO suspects a breach by the User of the above ethical commitments, or more generally a use of the Service for unlawful purposes, EKOVIO reserves the right to suspend without delay all or part of the Services until the situation has been satisfactorily clarified. Such suspension may occur in particular where there are serious indications suggesting that the User is using the Service in connection with activities involving fraud, corruption, money laundering, circumvention of international sanctions, or any other criminal offense.
16. Communication – References
16.1. The User authorizes EKOVIO, throughout the duration of the Contract, to refer to it as a client of its Services. Unless the User provides written notice to the contrary, EKOVIO may therefore freely use the User’s trade name and logo on its commercial documents, lists of references, or website, solely to mention the existence of the contractual relationship between the Parties and for promotional or communication purposes.
16.2. Unless otherwise specifically provided in the Contract, any notice or communication to be made between the Parties under these terms shall validly be made in writing, preferably by email, to the administrative contact addresses indicated by the User in its customer account (or to any other address that either Party may have notified in writing to the other). Email notices shall be deemed received on the day they are sent, provided that no error or undeliverable message is returned.
17. Governing Law – Disputes
17.1. Applicable law – These GTU/GTS and, more broadly, the contractual relationship between EKOVIO and the User shall be governed by French law.
17.2. Amicable resolution – In the event of a dispute relating to the interpretation, performance, or validity of the Contract, the Parties agree to attempt to resolve it amicably within a maximum period of thirty (30) days from written notification of the dispute by one of the Parties. This amicable settlement phase is mandatory before any legal action, failing which the claim shall be inadmissible, except in the event of manifest urgency.
17.3. Mediation (optional) – The Parties may, by mutual agreement, use an independent and neutral commercial mediator in an attempt to resolve their dispute amicably, in accordance with Articles 1530 et seq. of the French Code of Civil Procedure. Mediation is only optional and does not prevent either Party from bringing the matter before the competent court if mediation does not succeed within a reasonable time.
17.4. Competent courts – Failing satisfactory amicable resolution within the above-mentioned period, any dispute relating to the Contract shall be brought before the courts having subject-matter jurisdiction within the jurisdiction of the Lyon Court of Appeal, to which the Parties grant exclusive jurisdiction, notwithstanding multiple defendants or third-party proceedings. This jurisdiction clause shall also apply in summary proceedings.
18. Amendments to the GTU
18.1. Amendment procedure – EKOVIO may amend or update the terms of these GTU/GTS. The User shall be informed of any material change by any written means (including by email or through a notification within the Application) with at least thirty (30) days’ notice before the new terms enter into force.
18.2. Application of the new GTU/GTS – The new GTU/GTS shall apply to all new Users as soon as they are published online and, for Users who already have an ongoing subscription, as from the renewal of the subscription following the effective date of the changes. By way of exception, in the event of a change required by a mandatory legal or regulatory provision, it may apply immediately to all Users, including during an ongoing subscription period, without prior notice.
18.3. Refusal of amendments – Continued use of the Application after the entry into force of the amended GTU/GTS shall constitute acceptance thereof. The amendment of the GTU/GTS does not, in itself, grant the User the right to terminate the Contract early and without charge. However, the User retains the possibility of refusing the new terms and terminating its subscription at the end of the current period, in accordance with Article 6.1 above.
19. Provisions Specific to EPR Streams
19.1. Regulatory monitoring – As part of the Services, EKOVIO may make available to the User regulatory monitoring content (information, news, explanatory documents) and standard settings relating to streams falling under Extended Producer Responsibility (EPR). It is agreed that such information is provided as simple informational support only. EKOVIO gives no guarantee as to the completeness, currency, or perfect accuracy of such monitoring content, and such content shall not be construed as legal advice engaging EKOVIO’s liability. The User remains solely responsible for its regulatory compliance and must, in case of doubt, consult the official texts or specialized advisers.
19.2. Configuration and validation by the User – Eco-contribution fee schedules, product categories, exemptions, thresholds, effective dates, and versions applicable to the various EPR streams are configured in the Application by EKOVIO on the basis of publicly available information. These parameters are timestamped and presented to the User for review and validation when they are used in the calculation of eco-contributions. It is the User’s responsibility to verify that such parameters are appropriate to its own situation before validating them. In any event, the User remains fully responsible for the values it declares to eco-organizations and those calculated by the Application based on its data, including in the event that it has used automated AI assistance to facilitate its choices (see Article 20.2 below).
19.3. EPR audit trail – EKOVIO retains, for a minimum period of ten (10) years, the history of versions of regulatory fee schedules and the calculation artifacts associated with EPR declarations carried out via the Application. This long-term retention is intended to satisfy any legal retention obligations and evidentiary needs that may arise (for example during checks by eco-organizations or audits). Other elements of the Audit Trail and Evidence are retained in accordance with the periods indicated in Articles 6.3 and 6.4 above.
19.4. Warnings in case of anomalies – The Application includes control mechanisms and may issue alerts or warnings to the User in the event anomalies or potential inconsistencies are detected in the Client Data (for example, declared weights or volumes that appear abnormally high or low, or product categorization errors). These warnings are intended to draw the User’s attention to the need to check and, where appropriate, correct its data or settings. It is understood that responsibility for correcting or supplementing the Client Data rests exclusively with the User, and EKOVIO assumes no liability for the consequences of an incorrect or incomplete declaration resulting from inaccurate Client Data.
19.5. Filing of EPR declarations – EKOVIO may, if a representation Mandate has been duly signed between the User and EKOVIO, act as agent to carry out the material filing of regulatory declarations with the competent eco-organizations, in the name and on behalf of the User. In such a case, EKOVIO’s role is limited to transmitting the declarations according to the information provided by the User, in accordance with Article 9.1 above. In the absence of such a specific Mandate, the User remains entirely responsible for filing its declarations itself with each relevant eco-organization, in the form and within the time limits required by applicable regulations.
20. Artificial Intelligence and Automated Decision-Making
20.1. Use of AI in the Service – EKOVIO may use Artificial Intelligence (AI) models integrated into the Application in order to assist the User with certain tasks, in particular to suggest product classifications or stream correspondences on the basis of the descriptions provided. EKOVIO endeavors to anonymize or pseudonymize, to the extent possible, the data transmitted to such AI algorithms so as to preserve the confidentiality of Client Data.
20.2. Limitation – No automated decision – AI-assisted functionalities provided through the Application are merely decision-support tools for the User. EKOVIO does not guarantee the accuracy, completeness, or absolute relevance of results generated by AI (for example, a suggested EPR category for a product). Under no circumstances do these functionalities relieve the User of its obligation to verify: final decisions, particularly regarding product classification or declaration amounts, remain entirely with the User. The Application does not perform any automated decision-making producing legal effects for the User within the meaning of the GDPR; the User always retains control and final validation over any action undertaken.
20.3. User responsibility – The User undertakes to consider suggestions or information generated by AI with discernment and to verify them before applying them. It is the User’s responsibility to manually validate any classification, correspondence, or value suggested by AI before using it in its declarations. By using these functionalities, the User acknowledges that it remains fully responsible for the choices made and the declarations carried out, even where it relied on assistance provided by AI in its decision-making process.
21. Final Provisions
21.1. Force majeure – Neither Party shall be held liable to the other for any failure or delay in performing any of its contractual obligations if such failure or delay results from a force majeure event as defined by Article 1218 of the French Civil Code and French case law. For the duration of the force majeure event, performance of the affected obligations shall be suspended. If the force majeure event continues beyond a reasonable period (for example beyond two months), either Party may terminate the Contract automatically by written notice to the other Party, without compensation, subject to giving the other Party reasonable prior notice.
21.2. Severability – If any provision of these GTU/GTS is declared null, invalid, or unenforceable, in whole or in part, under a rule of law or a final court decision, it shall be deemed unwritten, without however causing the Contract as a whole to be void or affecting the validity of its other provisions. The Parties shall then endeavor to negotiate in good faith a valid and fair replacement clause reflecting the original intent, to the extent possible.
21.3. No waiver – The fact that one Party does not rely on a breach by the other Party of any of the obligations provided for in the Contract, or grants a period of grace, shall in no event be interpreted as a definitive waiver of its right to enforce its rights. Any tolerance or waiver shall apply only to the limited purpose and duration expressly accepted.
21.4. Language of the Contract – These general terms are drafted in the French language, which alone shall be binding between the Parties. Any translation is provided for information purposes only. In the event of any contradiction or difference in interpretation between the French version and a translated version, the French version shall prevail.
21.5. Contact details – For any commercial or technical question, or any question relating to performance of the Contract, the User may contact EKOVIO support at support@ekovio.com. For any specific question relating to the protection of personal data, the User may contact the dedicated address privacy@ekovio.com. EKOVIO endeavors to respond to such requests as quickly as possible during business days.
End of the General Terms of Use and Sale.
