HUBFORGE SOFTWARE LICENSE TERMS

Account Creation: You must create a Hubforge account to purchase a subscription and access the services provided by ValueFeet under the subscribed plan. If you create an account on behalf of a company, such as your employer, you declare that you have the legal authority to enter into this contract and create the account for that company. When creating your account, you agree not to use or provide any false, inaccurate, or misleading information.

You are not authorized to transfer or disclose your username and password to another user. You remain responsible for all activities performed with your account.

Legal Age: To open or use an account, you must have reached the “age of majority” in your country of residence or have valid permission from a parent or legal guardian to be bound by the contract.

Contract and Acceptance of Conditions: Your use of the software is governed by these general conditions, which you accepted when creating your Hubforge account. These conditions constitute the contract between you and ValueFeet. Your order for a subscription acknowledges, on your part:

(i) being informed of the preliminary information provided on the ValueFeet website regarding the contract’s content,

(ii) agreeing to electronically sign the contract and receive a copy only electronically,

(iii) being aware of these general terms and conditions before placing an order,

(iv) being aware of the Data Protection Policy applicable to the contract,

(v) irrevocably accepting to be bound by these general terms and conditions, constituting the purchase contract (“Contract”) between you and ValueFeet.

In addition, by using the software, you consent to the transmission of certain personal information about you during activation and throughout the software’s usage period, in accordance with ValueFeet’s Data Protection and Privacy Policy. If you do not accept and/or comply with the terms and conditions of the contract, you thereby waive the right to use the software or its features, the warranty provided below, and any claims against ValueFeet.

Installation and Right to Use: The software is not sold to you; the subscription only grants you a license to use it. Provided you comply with all the provisions of the contract, we grant you the right to install and run copies of the software on the devices you own and control. The right to run copies does not confer additional licensing rights, with each license allowing online access to the software’s features for a single user only.

If you want multiple users to access the software simultaneously, you must open subsidiary accounts and purchase sub-licenses for each of these subsidiary accounts. The software components are licensed as an indivisible whole; therefore, you are not authorized to separate or virtualize the software components.

License Duration: Your right to use the software is limited to the subscription period. Your subscription will automatically renew upon expiration, provided you have complied with the terms and conditions of the contract. We will notify you before the renewal deadline (one week in advance for monthly subscriptions, one month for annual subscriptions). You will then have the right to decline renewal by notifying us before the expiration date; otherwise, the subscription will renew without further notice for the same duration. After your subscription expires, you will no longer have access to the software’s features.

Activation: Activation is done using the code that ValueFeet will provide after payment of your subscription. Activation associates the use of the software with a specific license. Activation is required for each license or sub-license. Activation helps identify any unauthorized modifications to the software and prevents unauthorized use.

Reactivation: You may need to reactivate the software if modifications are made to components of your device or the software.

Activation Failure: During online activation, if license or software activation functions are declared counterfeit or if there is no license, activation will fail. If the installed copy of the software does not have an appropriate license, you will be informed during the activation attempt and prompted to purchase a software license.

No Modification: You agree not to circumvent or bypass the technological protection measures included in the software or:

(i) disassemble, decompile, decrypt, illegally penetrate, emulate, exploit, or reconstruct the logic of the software or any of its components,

(ii) separate a component of the software for use on different devices,

(iii) publish, copy, assign, rent, sell, export, import, distribute, or lend the software without express authorization from ValueFeet,

(iv) transfer the right to use subscription-related services,

(v) use subscription-related services in an unauthorized manner.

Intellectual Property: This contract does not constitute a transfer of any intellectual property rights held by ValueFeet on the software or its components. If you provide ValueFeet with an idea, proposal, or comment (collectively, “Suggestions”) regarding possible improvements to the software, you grant ValueFeet, free of charge and without any entitlement to royalties or other benefits, all intellectual property rights related to these Suggestions, including the right to make or have modifications to the software based on your Suggestions and the right to market the software with such modifications.

Content: The data recorded or stored by you as a result of using the software (“Your Content”) remains your exclusive property. We claim no ownership rights over Your Content, for which you remain solely responsible. In no case shall ValueFeet be liable for the loss of Your Content or whether it contains illegal elements or belongs to third parties. However, subject to the foregoing, you agree to communicate Your Content to ValueFeet and authorize its use for the execution of the services that ValueFeet undertakes to provide you under the subscribed plan. You also authorize ValueFeet to use Your Content for commercial or training presentations to other individuals, with ValueFeet ensuring the anonymity of Your Content used for such purposes.

Code of Conduct: By subscribing to this contract, you agree to:

(i) not use the software to violate the law;

(ii) not engage in any activity exploiting human beings or threatening their security;

(iii) not use the software to attempt to circulate spam, i.e., unwanted or unsolicited emails, publications, contact requests, SMS (text messages), or instant messages;

(iv) not circulate inappropriate content (e.g., related to pornography, offensive language, encouraging violence, or criminal activity);

(v) not engage in fraudulent, deceptive, or misleading activities (e.g., requesting money, impersonating someone else, using ValueFeet services without authorization).

Content Size: We reserve the right to reject Your Content if it exceeds the storage capacity limits of our servers or the allowed file size.

Account Closure: ValueFeet may close your account if you fail to comply with the contract or if your subscription is not renewed. You can close your account at any time and for any reason, without prejudice to ValueFeet’s rights to demand payment of the subscription until the scheduled expiration. To close your account, simply use the “disable my account” function on our website. When you request the closure of your account, or if it is closed due to the non-renewal of your subscription, it is suspended for six months in case you change your mind. At the end of this period, your account is closed.

Consequences of Account Closure: In the event of the closure of your account (whether by you or by us), your right to access the services under the subscribed plan ends immediately, without prejudice to ValueFeet’s rights to demand payment of the subscription until the scheduled expiration. Personal data in your account or Your Content will be deleted (unless the law requires us to retain them).

Backup of Your Content: We recommend using a backup program and regularly backing up Your Content.

Internet Access and Equipment: Using the software requires having internet access and suitable equipment for the proper functioning of this access. ValueFeet cannot be held responsible in any way for a failure or inadequacy of service from the Internet provider, insufficient bandwidth provided by it, or the inadequacy or insufficiency of the equipment used for this internet access.

Updates: We will notify you by email of software update information or related services under your subscription. A notice will also be posted on our website. Downloading corrective updates is mandatory. If you do not download a corrective update to the software, ValueFeet does not guarantee that the version of the system for which you have acquired a license will continue to function properly. Improvement updates will be automatically accessible upon the first connection following their installation on the software. Some paid updates aimed at adding features to the software may be offered. It is your responsibility to inform us of any changes in contact information.

Support: Customer support is accessible through our website. You can also submit a claim via our site.

Third-Party Interference: ValueFeet assumes no responsibility for service interruptions or alterations resulting from interference or blockages caused by third-party applications installed on the devices used by the client to use the software.

Availability: We make every effort to ensure that services accessible via the software are available 24/7. However, all online services suffer occasional disruptions and outages. In the event of a service outage or interruption, we will make every effort to restore it as soon as possible, but in no case shall ValueFeet be liable for any losses suffered due to a service interruption.

Changes to the Contract: We may need to modify these general terms of use if

(i) it is necessary under applicable law, particularly due to a modification thereof;

(ii) it is necessary as a result of advice and/or an injunction based on applicable law;

(iii) it is necessary for the evolution of the services you benefit from under your subscription;

(iv) it is necessary for technical reasons.

We will inform you of the modification before it comes into effect, through the user interface, by email, or by any other reasonable means. Your use of the software after the effective date of the modification will constitute acceptance of the new conditions. If you do not accept the modifications, you must stop using the software and close your account.

No Access to Emergency Services: ValueFeet is not obligated to provide emergency services for the software and services related to your subscription.

Miscellaneous: No compatibility with MAC hardware. ValueFeet is authorized to assign, transfer, or otherwise dispose of its rights and obligations under these Conditions, in whole or in part, at any time and without notice, to the extent that such assignment, transfer, or use is not to your detriment. However, you are not authorized to assign, transfer, or dispose of these Conditions or any right to use the software or services related to the subscription. These Conditions, as amended in accordance with the foregoing, constitute the entire agreement between you and ValueFeet regarding your use of the software or services related to the subscription. If a competent court finds that we cannot enforce a provision of these Conditions as formulated, it will be replaced by a provision that comes as close as possible to the intent of the unenforceable provision, but the other provisions of these Conditions will not be modified in any way. These Conditions are exclusively concluded for the benefit of the parties hereto. They cannot benefit any other person, except for the successors and assigns of ValueFeet.

Export Regulations: You agree to comply with all national and international export laws and regulations that apply to the software and/or services related to the subscription, including restrictions on end-users, end-uses, and destination countries.

Applicable Law and Dispute Resolution: The Contract is subject to French law, excluding conflict of law rules. Any dispute concerning the Contract will fall under the exclusive jurisdiction of the Commercial Court of Bordeaux, France.

Warranty: YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FAULT-FREE AND THAT SERVICE INTERRUPTIONS MAY OCCUR OCCASIONALLY. WE CANNOT GUARANTEE THAT SERVICES WILL OPERATE UNINTERRUPTED, REGULARLY, SECURELY, OR ERROR-FREE. WE EXCLUDE ALL WARRANTIES OTHER THAN THOSE EXPRESSLY STATED IN THESE CONDITIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.

Limitation of Liability: ValueFeet cannot be held liable in any way for any damage resulting from the client’s activity. ValueFeet only undertakes to provide software allowing the client to model horses’ feet and configure the shoes the client designs for subsequent manufacturing according to the client’s specifications.

SAFETY WARNING: To prevent potential eye fatigue, discomfort, or other health issues, it is advisable to take regular breaks when using computer equipment, especially screens, particularly if you experience any pain or fatigue. In case of discomfort, take a break. Discomfort may manifest as nausea, motion sickness, dizziness, disorientation, headaches, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid obstacles, stairs, low ceilings, valuable or fragile objects that could be damaged. A small percentage of people may experience epileptic seizures when exposed to certain images such as flashing lights or patterns appearing on the screen. Even people who have never had such seizures may have an undiagnosed predisposition. Symptoms include dizziness, vision impairment, seizures, contractions, or tremors, disorientation, confusion, or loss of consciousness. If you experience any of these symptoms, stop using immediately and consult a doctor.