Terms of sale

Terms of sale

Preamble

Effective date: March 30, 2023

INFINIWAVE LIMITED

77, LOWER CAMDEN STREET,

DUBLIN D02 XE80

Ireland

Registration number 737750 and VAT 4162209VH

Visit present Conditions General from Sales (ci–after at "Conditions"apply without restriction or reservation to the sale of Services of the https://perso1.com/ (hereinafter the "Site") and define the rights and obligations of Infiniwave Limited (hereinafter the "Seller" or "Infiniwave Limited") and the Customer (hereinafter the "Customer"). The Conditions may be consulted on the Site and/or made available to any User.

All Customer and User acknowledges and accepts that any order placed for Services from Sales implies unreserved acceptance of the Conditions. He acknowledges having read the Conditions before placing any order. Visit current version of the Conditions is the only one that can be used against Customers and Users from Website.

For the useful life of the Website and until a new version replaces them, Infiniwave Limited reserves the right to modify these Conditions at any time without notice to Users and Customersbut the Conditions applicable are those on line at the time the order is placed. Control.

For any subscription to Products and Services from Salesthe Conditions prevail over any other document issued by Infiniwave Limited or any other Conditions General d'Purchase. Visit Sales reserves the right to derogate from certain clauses of the present contract or to establish Conditions Special.

These Conditions came into force on 30 March 2023.

Article 1 - Definitions

At terms hereof Conditionsthe following terms shall be understood as follows :

"Subscription"refers to the subscription formula subscribed to by the customer. Customer on the Website and the associated services;

"Customer"designated in accordance with the provisions of the introductory article of the Consumer Rights Act of 2022A person acting for purposes which are wholly or mainly outside his trade, business, craft or profession;

"Account customer": refers to the customer's personal space. Customer where they can (i) consult their invoices, (ii) modify their personal information, (iii) consult their test results;

"GTC"or "Conditions"refers to these terms and conditions;

"Control"refers to any order placed by a Customer on the Website ;

"Services"refers to services sold by the Website ;

"Website"designates the site https://perso1.com/ operated by the Seller and made available to the User ;

"Price"refers to the price applicable to theSubscription communicated to Customers via the Website before confirming the order;

"User"refers to any user of the Website.

At hereunder, the Customer, l'User and the Sales can be individually referred to as thePart"and collectively as theParts".

ITEM 2 - PRESENTATION FROM SERVICES

2.1 Provisions preliminaries

Visit services that Customer can order are those presented and detailed on the Website. Visit Services are described and presented as precisely as possible. HoweverIn the event of errors or omissions in this presentation, the responsibility of the Sales shall not be held liable. Visit photographs accompanying the Services are not contractual and therefore do not engage the responsibility of the Sales.

2.2 Information pre-contractual

Visit Customer acknowledges that, prior to placing the order and entering into the contract, it has been informed in a legible and comprehensible manner of these general terms and conditions of sale and of all the information contained in the appendix. 3 of the Consumer Rights Act of 2022.

Visit The following information is sent to the Customer clearly and understandable :

- Visit the main characteristics of the goods, digital content, digital service or service,

- Visit clear price of goods, digital content, digital service or

service,

- Visit in the case of a subscription contract, the cost per billing period.

2.3 Services and Products

Visit Customer can acquire several Products via the Websitewhich are listed and described on the Website when the Customer consult him.

Visit Website allows Users take personality tests. Visit test can be carried out by creating a customer account or in "guest" mode.

After the questionnaire, the Customer is required to pay for the service in order to receive the results.

A Once payment has been made, the results of the personality test are sent by e–mail to Customer.

Visit Customer must be particularly careful when completing the personality questionnaire. No No new report or report modification will be authorized in the event of truncated, erroneous or missing answers.

2.4 Subscription

Visit placing an order for a personality (article 2.3), the Customer automatically takes out a subscription for Services from Website (ci–after theSubscription"), which allows the customer to take as many personality tests as he or she wishes. All test results are sent by e-mail and are available in the Customer Account.

The Subscription is valid for one Customer only. All Customers are prohibited from communicating their access codes or account to a third party. Any breach by a Customer of this provision will result in the Customer being held liable and may give rise to immediate termination of the Subscription without notice, as well as the payment of damages to the Vendor.

As soon as the account is created - after the first personality test has been ordered - the Subscription is launched after the first 24-hour trial period. The customer therefore has 24 hours to prevent the Subscription from being launched and to unsubscribe. After this period, the Subscription will be automatically set up.

Subscriptions are concluded for a period of one (1) month and are automatically renewable from month to month. Customers wishing to unsubscribe may do so at any time by clicking on the "Unsubscribe" tab to cancel their subscription. The subscription will end at the end of the month, any month started being due.

2.5 Creating a customer account

In order to place an order for the Site's Services, the User may create a Customer Account or place an order in "guest" mode. However, once the Customer has ordered the results of his/her personality test, a Customer Account is automatically created for him/her on the Site.

For the creation of his account, he will be asked to define a login and a password. The Customer is solely responsible for the security and confidentiality of its login credentials and must notify INFINIWAVE LIMITED without delay in the event of loss or theft of the Customer's credentials leading to fraudulent use of its personal account.

If the Customer wishes to change his/her login details, or if he/she suspects that they have been used fraudulently, he/she must contact the Vendor's customer service department without delay by sending an e-mail to the following address: contact@perso1.com

Access codes are for personal use only. The Vendor may not be held liable in the event of loss or theft of the Customer's access codes or fraudulent use of the Customer's account.

ARTICLE 3 - PLACING AN ORDER

To place an order on the Site, the User must follow the steps below:

3.1 Ordering a personality test

See terms described in article 2.

3.2 Contact details

The Customer must then indicate his/her surname, first name and the e-mail address to which he/she wishes to receive the test. The Customer must indicate whether he/she wishes to receive communications from the Vendor by ticking the appropriate box.

3.3 Payment of the price

The Seller may apply discounts and promotions on Services and Products. The final price displayed is the price after deduction of any discounts and promotions. Discounts and promotions cannot be accumulated and are applicable only once per Customer.

3.4 Approval

Before proceeding to payment, the Customer must accept the applicable General Terms and Conditions of Sale by ticking the box provided for this purpose, as well as the waiver of the right of withdrawal concerning the personality test. This validation implies acceptance of all the General Sales Conditions. All Customer orders imply acceptance of the prices and descriptions of the Services purchased. Following payment, the Customer will receive an e-mail summarizing the order. D

Upon receipt of payment, the sales contract is concluded between the Customer and the Seller.

ARTICLE 4 - CONTROL OF ORDERS

The Vendor reserves the right to suspend the management of any order and any Service in the event of refusal to authorize payment by officially accredited payment organizations or in the event of non-payment of the order or of a monthly Subscription payment.

ARTICLE 5 - PAYMENT TERMS

5.1 Prices

The Vendor reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.

5.2 Payment incidents

The Customer is hereby informed that any delay in payment of all or part of a sum due on its due date will automatically entail the acceleration of all sums due by the Customer and its immediate payment.

In addition, any delay in payment of invoices, from the day following their due date, will automatically result in the application of late payment penalties calculated on the unpaid amount excluding taxes and equal to at least three times the legal interest rate in force. They are due automatically and without notice.

In addition, for business customers, in accordance with European Directive 2011/07/EU, in the event of late or non-payment, the Seller is entitled to compensation for costs incurred due to late payment, as well as additional collection costs of €40.00.

Infiniwave Limited may automatically suspend all orders in progress, whatever their nature and level of progress, in the event of late payment by the Customer. Such suspension shall not be deemed a termination of the Contract by the Seller, nor shall it entitle the Customer to any compensation.

5.3 Cancellation and modification of orders

No order, once placed, may be modified or cancelled once it has been paid for, except for the exercise of the right of retraction (Article 6) and the cancellation of the Subscription (Article 2.4).

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 Provisions applicable to the personality test

In accordance with Section 5 of Article 111 of the Consumer Rights Act 2022, the right of withdrawal does not apply to: " -

a) A contract for the provision of services, where the service has been fully provided and the provision of the service has commenced with the prior express consent of the consumer and the acknowledgement that he will lose the right of withdrawal once the service has been fully provided by the trader.

[...]

c) A contract by which the merchant provides or undertakes to provide a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service, where - the consumer pays or undertakes to pay the price of the digital service.

i. the digital service has been fully provided, and

ii. the supply of the digital service has begun with the consumer's prior express consent and recognition that he will lose the right of withdrawal as soon as the digital service has been fully supplied."

By placing an order on the Site for a personality test, the Customer is therefore informed of this provision. He acknowledges having been informed that, once the order has been paid for, the Customer consents to the Service being initiated by the Vendor, to having access to the digital content provided by the Vendor (the result of the personality test) and, consequently, to the Customer waiving his right of withdrawal.

6.2 Provisions applicable to subscriptions

In accordance with Article 113.2 of the Consumer Rights Act 2022, the Customer has a period of fourteen days to exercise his right of withdrawal from a digital service contract without having to justify his decision or bear any costs other than those provided for in Article 112.2.d of the Consumer Rights Act 2022.

However, as soon as the Customer has taken at least one (1) personality test as part of his Subscription (in addition to the initial personality test), he thereby waives his right of withdrawal.

If the right of retraction is applicable, the Customer has a period of fourteen (14) days from receipt of his retraction request, for whatever reason, to obtain reimbursement of his order. The Customer will be reimbursed for the sums paid by bank transfer to his/her credit card within fourteen (14) days of receipt of his/her request to exercise the right of withdrawal.

To exercise his right of withdrawal, the Customer must send an e-mail using the form below:

[Complete and return this form only if you wish to cancel the contract].

At [here the dealer's name, geographical address and e-mail address must be inserted by the dealer] :

I/We [*] hereby notify you [*] that I/we [*] cancel my/our [*] contract for the sale of the following goods [*]/the provision of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) [only if this form is submitted on paper],

Date

ARTICLE 7 - OBLIGATIONS AND RESPONSIBILITIES

7.1 General provisions

The Customer guarantees that the information provided at the time of an order or subscription

to a Subscription are accurate and complete. The Customer undertakes to inform the Vendor of any change in the information provided.

The customer is responsible for the use of his personal account by himself or by any other person, except in the case of obvious fraud.

Any abusive or fraudulent behaviour will result in the deletion of the Customer Account and the termination of the Subscription, without prejudice to any other rights of the Vendor and/or third parties.

The Vendor cannot be held responsible for the consequences of the use of the Site by Users and Customers who do not respect the present Conditions.

The Customer undertakes to use the Site in accordance with the Conditions and the regulations in force, and not to infringe the rights of third parties or public order. The Vendor reserves the right to refuse to provide Services or to delete a Customer Account if the Customer breaches these obligations.

In the event of a dispute between a Customer and a third party, each party agrees to indemnify and hold harmless the Vendor from any action, claim or demand arising out of such dispute.

7.2 Subscription provisions

The Customer undertakes not to use the Subscription for fraudulent activities. Any use of the Subscription for fraudulent purposes will give rise to legal proceedings.

The Customer undertakes not to communicate his access codes to a third party. Any breach of this provision may result in termination of the Subscription.

The Customer agrees not to use the Subscription to store or distribute illegal or inappropriate information. The Vendor reserves the right to terminate the Subscription immediately if a Customer uses the Subscription in an inappropriate manner.

7.3 Provisions relating to the Site

The Customer acknowledges and accepts that the Site, Services and Products are provided "as is". The Seller does not warrant that the Site, Services or Products will meet the Customer's requirements or that they will be uninterrupted, secure or error-free. Use of the Site is at the Customer's sole risk.

7.4 Provisions relating to personality test results

The results of the personality tests offered on the Site are provided for information purposes only. They are not intended to replace the advice of a health professional or psychologist. The Vendor cannot be held responsible for the use made of these results. The Customer is encouraged to consult a health professional or psychologist if necessary.

7.5 Limitation of liability

The Vendor may not be held liable in the event of non-performance or improper performance of the contract due either to the fault of the Customer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to a case of force majeure.

The Vendor shall not be held responsible for any delay or non-performance resulting from the unavailability of any part of the Site, interruptions in the energy supply, fire, strikes, Internet access malfunctions, computer viruses, war, riots, telephone service failures, breakdowns or interruptions, or any other cause not attributable to the Vendor.

7.6 Force majeure

In the event of force majeure, the Party prevented from performing will inform the other Party in writing within fifteen (15) days of the occurrence of the event, at the same time notifying it of its termination. The Parties agree on the conditions of continued performance of the contract.

In the event of force majeure, the Parties agree to extend the delivery period by a period equal to that of the suspension of performance.

ARTICLE 8 - CONTRACT DURATION

The provisions of the present Terms and Conditions apply for the entire duration of the Subscription, without prejudice to any other agreement concluded between the Parties.

The Customer may cancel his Subscription at any time in accordance with article 2.4 of these Terms and Conditions.

The Vendor may terminate a Subscription in the event of non-payment or abusive behaviour by the Customer in accordance with article 7.1.

ARTICLE 9 - TERMINATION

Cancellation of a Subscription by the Vendor is effected at the Vendor's initiative, by simple notification to the Customer by e-mail.

Cancellation of a Subscription by the Customer is effected by simple notification to the Vendor by e-mail.

In the event of termination of a Subscription, the Services are immediately interrupted. The Vendor is not obliged to reimburse the Customer for any sums paid for unused Services.

ARTICLE 10 - MODIFICATION OF CONDITIONS

The Vendor reserves the right to modify these General Terms and Conditions of Sale at any time. The Conditions applicable are those in force on the date the order is placed.

Modifications are binding on the Customer as soon as they are posted on the Site. It is the Customer's responsibility to read the General Terms and Conditions of Sale regularly to take note of any modifications. In the event of disagreement with the new General Terms and Conditions of Sale, the Customer must cease to use the Site and terminate his Subscription in accordance with article 2.4.

ARTICLE 11 - APPLICABLE LAW AND JURISDICTION

These Conditions are governed by Irish law. Any dispute relating to their validity, interpretation or performance shall be subject to the jurisdiction of the Irish courts.

ARTICLE 12 - SELLER'S CONTACT DETAILS

The Seller is Infiniwave Limited, a company registered in Ireland under company number 737750, whose address is 77 Lower Camden Street, Dublin D02 XE80, Ireland. The Seller is registered under VAT number IE4162209VH.

Customers may contact the Vendor at the following e-mail address: contact@perso1.com