Between GREENBACK SA, also operating under the name of GENESIS, a simplified joint stock company whose legal name is GREENBACK and whose head office is located at 4 rue de l'Eglise, 27440 Lisors, France, registered in the Evreux Trade and Companies Register under the Siret number 88002505100017, represented by Mr. Quentin Sannié, represented by Mr. Quentin Sannié, in the capacity of [General Manager] duly authorized for the purposes of these, whose VAT number is FR72880025051 and whose contact details are The contact details are [email protected]
And the User (Hereinafter referred to as the “User”)
A. Genesis has developed a methodology that allows it to assess and rate agricultural soils based on their health status. The soil health note (the” Score ”) is calculated by Genesis using its technology and know-how, based on soil samples taken directly from the User's land plots, and combined with relevant metadata. The Score allows the User to continuously monitor the condition of the soil, assess its environmental impact and inform its decision-making processes. The Score, as well as the related information, is made available to Users and third parties (as defined in these Terms and Conditions and in the Privacy Policy) via the Genesis online platform, accessible at the following link: app.genesis.live(the” Genesis platform ”).
B. The User is a professional and the execution of this Agreement is carried out as part of his commercial activities. The User wishes to have their property evaluated by Genesis throughout the term of this Agreement in order to generate Scores, and the User wishes to use the Genesis Platform to view the Scores and benefit from the services provided by Genesis.
C. The User, after having read the Services (as defined below) offered by Genesis, wishes to engage Genesis as a service provider in accordance with these Terms and Conditions.
In this spirit, the Parties have come together in order to conclude this Agreement, which defines the respective obligations of the Parties in the context of the provision of the Services. As such, it is specified here that the Parties have exchanged transparently, on several occasions, all the information on the basis of which each of them decided to conclude the said Contract. The terms of the Contract have been freely accepted in consideration of their mutual obligations under this Agreement.
1.1. In this Agreement, the following definitions apply:
Subscription means the User's subscription under this Agreement allowing the User to access the Genesis Platform
Anomaly means a reproducible non-compliance of the Genesis Platform with respect to its functionalities exclusively attributable to the platform and which prevents the functioning of all or part of the Genesis Platfor
User or You refers to any natural or legal person, who agrees to be bound by this Agreement, and declares to have read and accepted without reservation and in their entirety, all of its terms and conditions;
The Third Party refers to Genesis' professional customers with whom the User is also in a professional relationship for the provision of Sampling and Analysis Services.
General Terms of Use of the GENESIS Platform or CGU means the terms of use of the Genesis Platform, as amended from time to time, and available on the website;
Access date refers to the date on which access to the content of the Genesis Platform is granted to the User. It corresponds to his finalized registration within the platform.
Genesis data means all data used and generated by Genesis in connection with the provision of the Services, including, without limitation, Scores, Correlations, and General Knowledge (as such terms are defined in Section 8.6);
Personal data means any personal data within the meaning of the RGPD;
Third-party data refers to the data provided by the Third-Party User, such as name and address, in order to allow the execution of the Collection and Analysis Service;
Usage Data means data and information regarding the provision, use, and performance of the Services and the Genesis Platform, as well as the User's access to and use of the Genesis Platform, including, without limitation, all data (including metadata) collected, generated, or derived from the use of the Genesis Platform by or on behalf of the User, including, without limitation, navigational, transactional data, processing, computer (such as the IP address and the browser), statistics and other analytical data, statistical usage data derived from the operation of services and configurations, log data, and performance results of the Genesis Platform;