Terms and conditions of sale
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 certifying their periods of abstinence, as well as any other functionality or ancillary service 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 by using the services offered, You agree to abide unreservedly 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 GTC are accessible at all times on the company’s website (https://o-reason.com/). If necessary, they will prevail over any other contradictory document. O-REASON reserves the right to modify the GTC at any time. The modifications will be applicable as soon as they are put on line and it is up to the User to regularly consult the GTC to keep informed.
1.4. The services offered by O-REASON are intended exclusively for persons of legal age and legally capable of entering into contracts. By using the Application, You declare and guarantee that You meet these conditions.
1.5. These General Terms and Conditions govern only the commercial conditions applicable to the services provided by O-REASON, such as possible access to paid features, the issue of formal certificates or the additional services offered in the Application. Any other mention or condition not expressly provided for in these GCS is subject to the applicable legal or regulatory provisions.
2. User license
2.1. O-REASON grants you, the User, a non-exclusive, personal, non-transferable and revocable licence to access the Application and use the services offered, subject to compliance with these GTC, the GCU and applicable legislation.
2.2 This licence is granted for strictly personal and non-commercial purposes. Any unauthorised use of the Application or its content for professional, commercial or promotional purposes is strictly prohibited.
2.3. You agree not to reproduce, copy, modify, adapt, distribute, sell, rent, sub-license, decompile, reverse engineer, extract the source code, or create derivative works based in whole or in part on the Application, except with prior written authorisation from O-REASON or mandatory legal provision to the contrary.
2.4. The User undertakes to use the Application in a manner consistent with its intended purpose, without infringing the rights of O-REASON or third parties, without harming its proper technical operation, or 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 development. O-REASON may not 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 conditional upon the installation of any updates that may be required. Refusal or inability to install these 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 check that their device and operating system meet the minimum requirements and are configured in such a way as to allow optimal installation and use of the Application. Information on the minimum technical requirements is available on the 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 relating to Internet access, the purchase 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 endeavours to guarantee maximum compatibility and availability of the Application,
but cannot guarantee that the latter will function without interruption or malfunction on any
equipment, operating system or Internet network. Temporary interruptions to the Application may occur, in particular for reasons of maintenance, technical updates, security or in the event of force majeure.
3.5. The User is also informed that certain functionalities of the Application (such as authentication, personalised tracking or the issue 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, in particular on the web version. These integrations may require the acceptance of additional conditions, and the User is invited to consult the O-REASON 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. Installation of these 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 optimise the performance, stability and security of the Application.
4.3. O-REASON attaches great importance to the security and protection of personal data, by implementing adequate technical and organisational measures, in compliance with the applicable legislation and regulations in force, including those relating to data protection, consumers and ecommerce.
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 allow 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. They 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 he/she alone is responsible for these elements and the 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 authorisation 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 must contact O-REASON or, if necessary, take the deletion steps provided for in the Application or on the https://o-reason.com/ website. Termination will take effect within a reasonable period of time from the date of the request, and will result in the deactivation or deletion of the account as well as the loss of the data linked to it, subject to legal retention obligations.
6.2. O-REASON reserves the right to suspend or terminate a User’s account in the event of noncompliance with these GTC, the GCU, or any legal or regulatory provision, or in the event of fraudulent behaviour or behaviour that undermines 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 the obligations contracted previously and still due, nor the rights acquired before the date of termination.
6.4. Subject to compliance with legal obligations, all personal data of the User will be treated in accordance with the Privacy Policy. In the event of termination, O-REASON will proceed with the deletion or anonymisation of the data, unless a legal obligation or legitimate interest requires a longer retention period.
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 lead to temporary interruptions, slowdowns or malfunctions of the Application. As far as possible, O-REASON will inform the User, by any appropriate means, of maintenance operations likely to affect access to or the functioning 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 indirect damage resulting from these operations.
7.4. The User is invited to install any updates and patches offered 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 6 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 making it impossible to perform one or more obligations, without any fault being attributable to the party prevented from doing so.
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, as far as possible, its foreseeable duration. It shall also endeavour to limit the consequences of the force majeure event as far as possible.
8.4. As soon as the cause of the 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 (registration with the Application) without compensation, in accordance with Book 6 of the French Civil Code.
9. LIABILITY
9.1. O-REASON uses all reasonable means to provide stable and secure access to the Application and to the services offered therein. However, the User acknowledges that, in accordance with Book 6 of the Civil Code, O-REASON is only bound by an obligation of means. It cannot guarantee that the Application will be free of errors, interruptions or malfunctions, or that access will be permanent and uninterrupted.
9.2 O-REASON cannot be held liable for indirect, immaterial or special damages, such as, in particular, loss of profits, data, opportunities, revenue or clientele, resulting from access to or use of the Application, except in cases where the law imposes a liability that cannot be excluded or limited.
9.3. Under no circumstances may O-REASON be held liable for misuse of the Application by the User, for non-compliance 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 necessary 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 provided for in this article apply to the extent permitted by mandatory law in force. 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 the law or from the contract (registration with the Application).
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, whether total or partial, of the Application and/or its contents, by any means and in any form whatsoever, without the prior written authorisation of O-REASON is strictly prohibited.
10.3. Trademarks, logos, commercial 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 authorisation of the holder 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. As part of 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 procedures for collecting, processing, using, storing and protecting your personal data are described in the Privacy Policy available on the https://o-reason.com/ website 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 we use in our GTC are always purely illustrative, and therefore cannot be given any legal value in the event of a dispute concerning the provisions set out under these various headings.
12.2. In the event that the existence or validity of one or more of the provisions of these GTC is compromised, this will have no effect on the existence or validity of the other clauses of this agreement. In such a case, we have the right to replace the inapplicable clause with a provision that is legally valid and similar in 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 will be subject to the exclusive jurisdiction of the French-speaking courts of the judicial district of Namur.
