Conditions General from Sales – O-REASON

1. PURPOSE

1.1. The purpose of these General Terms and Conditions of Sale (hereinafter “GTCS”) is to define the terms and conditions under which the sole proprietorship Louis Ponlot, under the trade name “O-REASON” (hereinafter “O-REASON”), offers users (hereinafter “Users” or “You”) digital services aimed at supporting, monitoring and attesting to their periods of abstinence, as well as any other functionality or ancillary services offered by the O- REASON Application.

1.2 By accessing the O-REASON Application (available via the Play Store, App Store and the web application https://app.o-reason.com/) and using the services offered, You agree to abide unconditionally by these GTC, as well as the General Terms of Use (GTU) and any other policy or information note to which these GTC refer (in particular the Privacy Policy).

1.3 These General Terms and Conditions are available at any time on the company’s website (https://o-reason.com/). They shall prevail, where applicable, over any other contradictory document. O-REASON reserves the right to modify the GTC at any time. Modifications will be applicable as soon as they are posted online, and it is the User’s responsibility to consult the GTC regularly to keep informed.

1.4. The services offered by O-REASON are intended exclusively for persons over the age of 16. By using the Application, You represent and warrant that You meet these conditions. However, it can be downloaded by users aged 15 or under, in which case the interface will automatically be restricted to “no alcohol purchase” mode, in accordance with current legislation.

1.5. These General Terms and Conditions of Sale govern only the commercial conditions applicable to the services provided by O-REASON, such as any access to paid features, the issue of formal attestations or the additional services offered in the Application. Any other mention or condition not expressly provided for in these GTS is subject to the applicable legal or regulatory provisions.

1.6. O-REASON may offer, via its Application, specific paid services accessible to registered Users. These services may include, but are not limited to, specialized services, remote consultations or other premium features. These services will be provided in accordance with the Belgian Code of Economic Law and the Belgian Civil Code, in particular with regard to consumer rights.

2. LICENSE TO USE

2.1. O-REASON grants you, the User, a non-exclusive, personal, non-transferable and revocable license to access the Application and use the services offered, subject to compliance with these GTC, the GCU and applicable legislation.

2.2 This license is granted strictly for personal, non-commercial use. Any unauthorized use of the Application or its contents for professional, commercial or promotional purposes is subject tothe prior consent of O-Reason.

2.3. You agree not to reproduce, copy, modify, adapt, distribute, sell, rent, sublicense, decompile, reverse engineer, extract the source code, or create derivative works based in whole or in part on the Application, except with the prior written consent of O-REASON or as otherwise required by law.

2.4. The User undertakes to use the Application in accordance with its intended purpose, without infringing the rights of O-REASON or third parties, without impairing its technical operation, and without violating any legal or regulatory obligation.

2.5. O-REASON reserves the right to update, improve, modify, suspend or discontinue the Application and its functionalities at any time, in particular for reasons of maintenance, security or technological evolution. O-REASON cannot be held responsible for any temporary unavailability of the Application, nor for any consequences that may result for the User.

2.6. Your continued access to the Application and to O-REASON’s services may be subject to the installation of any required updates. Refusal or inability to install such updates may result in degradation or inability to access all or part of the Application, without O-REASON being held liable in this respect.

3. APPLICATION INSTALLATION AND TECHNICAL CONSTRAINTS

3.1. The O-REASON Application is available on the official download platforms (App Store, Play Store) as well as via the web address https://app.o-reason.com/. To access the services offered, the User must have a compatible device (smartphone, tablet or computer) and a stable Internet connection.

3.2 It is the User’s responsibility to ensure that his or her device and operating system meet the minimum requirements and are configured to allow optimal installation and use of the Application. Information on minimum technical requirements is available on download platforms, the O-REASON website (https://o-reason.com/) or may be communicated on request.

3.3. The User is solely responsible for any costs associated with Internet access, the acquisition of a compatible device, the subscription to a data service, or any other expense required to install and use the Application.

3.4. O-REASON endeavors to ensure maximum compatibility and availability of the Application, but cannot guarantee that it will operate without interruption or malfunction on any equipment, operating system or Internet network. Temporary interruptions to the Application may occur, in particular for maintenance, technical or security updates, or in cases of force majeure.

3.5. The User is also informed that certain functionalities of the Application (such as authentication, personalized tracking or the issuance of certificates) may require the use of third-party services (for example, its digital identity provider) or consent to the installation of cookies, such as Google Tag Manager, Google Analytics or Meta cookies, particularly on the web version. These integrations may require acceptance of additional conditions, and the User is invited to consult O-REASON’s Privacy Policy for further information.

3.6. O-REASON reserves the right to regularly update the Application in order to improve its functionality, correct any security flaws, add new options or ensure compatibility with new operating systems. The installation of such updates may be mandatory in order to continue to access and use the Application normally. The User is invited to install these updates without delay. Failure to install updates may restrict, suspend or render impossible access to all or part of the Application, without O-REASON being held liable in this respect.

4. O-REASON OBLIGATIONS

4.1. O-REASON undertakes to provide a functional Application, enabling the User to benefit from the services offered, by ensuring reasonable accessibility and continuity, within the limits of its technical and operational resources.

4.2 O-REASON makes every effort to provide regular updates and improvements in order to optimize the performance, stability and security of the Application.

4.3. O-REASON attaches great importance to the security and protection of personal data, implementing adequate technical and organizational measures, in compliance with applicable legislation and regulations, including data protection, consumer and e-commerce.

4.4 In the event of difficulty accessing or using the Application, O-REASON provides Users with a support service (by e-mail, contact form or any other channel indicated in the Application or on https://o-reason.com/) and endeavours to deal with requests and complaints within a reasonable timeframe.

4.5. O-REASON ensures clear and transparent communication regarding the functionalities offered, the conditions of access to the services, as well as any pricing information or usage limitations, in order to enable the User to make an informed choice.

5. OBLIGATIONS OF THE USER

5.1. The User undertakes to use the Application in a manner consistent with its intended purpose, in compliance with these GTC, with the laws and regulations in force, and with the rights of third parties.

5.2. The User undertakes to provide accurate, complete and up-to-date information when registering and using the services. He/she shall refrain from providing false, misleading or usurped data.

5.3. The User shall refrain from any action likely to disrupt the proper functioning of the Application or to undermine the security, confidentiality or integrity of computer systems or the rights and interests of O-REASON, other Users or third parties.

5.4. The User acknowledges that access to and use of the Application requires equipment and an Internet connection, and that the User is solely responsible for these elements and any associated costs.

5.5. The User undertakes not to reproduce, copy, distribute, modify, sell, rent, transfer or exploit in any way the content of the Application or the data of third parties, without the prior written authorization of O-REASON or without complying with the relevant legal conditions.

6. TERMINATION OF ACCOUNT

6.1. The User may at any time decide to terminate his/her account and stop using the Application. To do so, he/she should contact O-REASON or, if necessary, take the steps provided for deletion in the Application or on the https://o-reason.com/ website. Termination will take effect within a reasonable time of the request, and will result in the deactivation or deletion of the account and the loss of all related data, subject to legal retention obligations.

6.2. O-REASON reserves the right to suspend or terminate a User’s account in the event of non-compliance with these GTC, the GCU, any legal or regulatory provision, or in the event of fraudulent behavior or behavior prejudicial to the legitimate interests of O-REASON, other Users or third parties. Termination will take effect upon notification to the User, without prejudice to any damages to which O-REASON may be entitled.

6.3. Termination of the account, whether at the User’s or O-REASON’s initiative, does not affect obligations previously contracted and still due, nor rights acquired prior to the date of termination.

6.4. Subject to compliance with legal obligations, any personal data of the User will be processed in accordance with the Privacy Policy. In the event of termination, O-REASON will delete or anonymize the data, unless a legal obligation or legitimate interest requires longer retention.

7. MAINTENANCE SERVICES

7.1. O-REASON ensures the technical maintenance of the Application in order to guarantee its stability, security and accessibility, within the limits of its technical and operational resources.

7.2. Planned or unplanned maintenance operations may result in temporary interruptions, slowdowns or malfunctions of the Application. Insofar as possible, O-REASON will inform the User, by any appropriate means, of maintenance operations likely to affect access to or operation of the Application.

7.3. O-REASON makes every effort to limit the duration and frequency of service interruptions due to maintenance. However, the User acknowledges that O-REASON cannot be held responsible for the consequences of temporary interruptions, nor for any loss or consequential damage resulting from such operations.

7.4. The User is invited to install any updates and patches proposed by O-REASON, in order to benefit from the latest functional and security improvements. Failure to install updates may result in a degraded experience or partial or total inability to access services.

8. FORCE MAJEURE

8.1. In accordance with Book 5 of the French Civil Code, a case of force majeure is any unforeseeable, irresistible event beyond the control of the parties, occurring after the conclusion of the contract (registration for the Application) and rendering the performance of one or more obligations impossible, without any fault on the part of the party prevented from performing.

8.2. When a party is prevented from performing its obligations due to force majeure, it is released from its obligation to perform and from all liability for the duration of this impediment. During this period, neither party shall be entitled to claim damages or compensation of any kind in direct connection with the non-performance of the obligation concerned.

8.3. The party invoking force majeure must notify the other party as soon as possible, indicating the nature of the event, its impact on the performance of the contract (registration with the Application) and, insofar as possible, its foreseeable duration. It shall also endeavor to limit the consequences of the force majeure event as far as possible.

8.4. As soon as the cause of force majeure ceases, the party prevented undertakes to resume performance of its obligations without undue delay, unless performance of the contract (registration with the Application) has become definitively impossible. In this case, either party may terminate the contract (Application registration) without compensation, in accordance with Book 5 of the French Civil Code.

9. LIABILITY

9.1. O-REASON makes every reasonable effort to provide stable and secure access to the Application and the services offered therein. However, the User acknowledges that, in accordance with Book 6 of the French Civil Code, O-REASON is only bound by an obligation of means. It cannot guarantee that the Application will be free from errors, interruptions or malfunctions, or that access will be permanent and uninterrupted.

9.2 O-REASON shall not be liable for any indirect, consequential or special damages, such as, but not limited to, loss of profits, data, opportunities, revenues or goodwill, resulting from access to or use of the Application, except in cases where the law imposes a liability not subject to exclusion or limitation.

9.3. Under no circumstances may O-REASON be held liable for misuse of the Application by the User, for failure to comply with these GTC, for a fault attributable to the User or to a third party, or for the occurrence of a case of force majeure, in accordance with article 8.

9.4. The User remains solely responsible for the equipment, Internet connection and any other technical means required to access and use the Application. O-REASON assumes no responsibility for the compatibility, proper functioning or suitability of the User’s equipment.

9.5. The limitations and exclusions of liability set forth in this article apply to the extent permitted by applicable mandatory law. In particular, they shall not apply in the event of gross negligence or intent on the part of O-REASON, nor in the event of breach by O-REASON of an essential obligation arising from law or contract (registration with the Application).

9.6. The User acknowledges that the Application is a tool to assist and manage voluntary abstinence and is not a substitute for appropriate medical or therapeutic support. Under no circumstances may O-Reason be held responsible for the medical, psychological or behavioral consequences of using the Application, in particular in the event of abrupt withdrawal that may entail health risks. The User is advised to consult a health professional before making any decisions affecting his or her alcohol consumption habits.

9.7. The User acknowledges that the Application is based on a voluntary and personal approach. Under no circumstances may O-REASON be held responsible for individual behavior resulting from the use of the Application, including any violent, coercive or illegal action taken by or towards a User. Users and their relatives are invited to seek professional help if necessary.

9.8. The Application is a strictly personal and voluntary tool intended for users wishing to track their abstinence. Merchants and third parties may under no circumstances require the use of the Application as a condition of purchase or access to a service. However, the user is free to voluntarily share the information displayed in the application with a third party, under his or her own responsibility. O-REASON cannot be held responsible for decisions taken by third parties, in particular in the event of refusal to sell alcohol or restriction of access based on information voluntarily shared by the user. Under no circumstances does O-REASON intervene in the relationship between the user and a retailer. O-REASON neither guarantees nor imposes the use of the Application to obtain a product or service.

10. INTELLECTUAL PROPERTY

10.1. The Application and all of its content, including but not limited to texts, graphics, logos, icons, images, sounds, videos, databases, source codes, and more generally any creation that may be the subject of an intellectual property right, are the exclusive property of O-REASON or its licensors, and are protected by national and international laws and regulations relating to intellectual property.

10.2. Use of the Application does not confer any ownership or other intellectual property rights over its content. Any reproduction, representation, modification, distribution, adaptation, transmission, publication, extraction, making available to the public, or any other form of exploitation, in whole or in part, of the Application and/or its contents, by any means and in any form whatsoever, without the prior written authorization of O-REASON is strictly prohibited.

10.3. Trademarks, logos, trade names, domain names and other distinctive signs present on the Application, whether registered or not, are the exclusive property of O-REASON or its partners. Their reproduction or use, in any manner and for any purpose whatsoever, without the prior, express and written authorization of the owner of the rights, is prohibited.

10.4. Any violation of the intellectual property rights of O-REASON or third parties may give rise to civil and criminal proceedings, as well as the immediate termination of the account of the User at fault, without prejudice to any other action that O-REASON may have.

11. PERSONAL DATA

11.1. In connection with the use of the Application, O-REASON is required to process certain personal data of the User, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD) and the applicable Belgian legislation.

11.2. The terms and conditions governing the collection, processing, use, storage and protection of your personal data are described in the Privacy Policy available at https://o-reason.com/ and/or in the Application. This Privacy Policy forms an integral part of these GTC. By using the Application, the User acknowledges that he/she has read the Privacy Policy and accepts it unreservedly.

12. MISCELLANEOUS PROVISIONS

12.1. The headings used in our General Terms and Conditions of Business are purely illustrative and have no legal force in the event of a dispute concerning the provisions set out under these headings.

12.2. In the event that the existence or validity of one or more of the provisions of these GTC is impaired, this shall not affect the existence or validity of the remaining provisions of this agreement. In such a case, we have the right to replace the inapplicable clause by a provision valid in law and of similar scope.

12.3. The use of the Application and the application of these GTC are governed exclusively by Belgian law. In the event of a dispute, the parties agree to first seek an amicable solution. Failing amicable resolution, the dispute shall be submitted to the exclusive jurisdiction of the French-speaking courts of the judicial district of Namur.