These Terms and Conditions (“Terms”) govern the use of the Qaptur software platform (“Qaptur”), developed and provided by Qaptur SAS (“Company”, “we”, “our”). By accessing or using Qaptur, you (“User”) agree to be bound by these Terms. If you do not agree, you must not access or use Qaptur.

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1. Definitions

1.1 Qaptur: A software platform enabling users to research, source, visualize data and analyze nature-based solutions projects (“Projects”) and their implementing organizations (“Local Implementors”).

1.2 Confidential Information: All non-public data available on Qaptur, including but not limited to project details, metrics, organizational information, or any other proprietary data.

1.3 User Account: A unique, personal account granting access to Qaptur, assigned to a named individual.

1.4 Prohibited Activities: Any scraping, unauthorized sharing of access credentials, or redistribution of information obtained through Qaptur.

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2. Access and Licensing

2.1 License Grant: Upon payment of applicable fees, Qaptur SAS grants the User a non-exclusive, non-transferable, and revocable license to access and use Qaptur.

2.2 User Accounts: Access is strictly limited to the individual associated with the account. User credentials must not be shared or transferred under any circumstances.

2.3 Prohibited Activities:

• Users are expressly prohibited from scraping or systematically extracting data from Qaptur.
• Users are prohibited from using Qaptur to create competing products or services.

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3. Fees and Payment Terms

3.1 Subscription Fees: Users agree to pay the subscription fees as communicated by Qaptur SAS during the purchase process. Payment may be made in full or through an installment plan, subject to Qaptur SAS's discretion.

3.2 Additional Fees per Project: Qaptur may offer additional services within the software, such as access to exclusive data packages, enhanced simulations, or exclusive project opportunities. These services are subject to additional fees, which will be clearly communicated within the software. These fees will only be charged if the User explicitly requests and validates the service.

3.3 Promotional Pricing: Qaptur SAS reserves the right to offer temporary or exceptional discounts at its sole discretion.

3.4 Non-Refundable Fees: Subscription fees are non-refundable.

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4. Confidentiality and Use of Data

4.1 Confidential Information: All non-public information accessible through Qaptur is deemed confidential and must not be disclosed to third parties or used for purposes other than those expressly permitted under these Terms.

4.2 Public Information: Public information is not subject to confidentiality restrictions.

4.3 User Obligations: Users must implement reasonable measures to protect Confidential Information from unauthorized access or disclosure.

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5. Termination

5.1 Qaptur SAS reserves the right to suspend or terminate access to Qaptur at its discretion if Users breach these Terms.

5.2 Upon termination, all licenses granted under these Terms will immediately cease, and Users must delete any Confidential Information in their possession.

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6. Limitation of Liability

6.1 Qaptur SAS provides Qaptur “as is” and does not guarantee uninterrupted access or error-free functionality.

6.2 Qaptur SAS shall not be liable for any indirect, incidental, or consequential damages arising from the use of Qaptur.

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7. Governing Law and Dispute Resolution

7.1 These Terms shall be governed by and construed in accordance with the laws of France.

7.2 Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in La Rochelle, France.

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8. Miscellaneous

8.1 Amendments: Qaptur SAS reserves the right to update these Terms at any time. Updated Terms will be communicated to Users and posted on the Qaptur platform.

8.2 Entire Agreement: These Terms constitute the entire agreement between Qaptur SAS and the User concerning the use of Qaptur.

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9. Force Majeure

9.1 Definition: Neither Qaptur SAS nor the User shall be held liable for failure or delay in fulfilling their obligations under these Terms if such failure or delay results from events beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, acts of terrorism, civil unrest, government actions, or interruptions in utilities or internet services (“Force Majeure Events”).

9.2 Notification: The affected party shall promptly notify the other party in writing, specifying the nature and expected duration of the Force Majeure Event.

9.3 Effect of Force Majeure: During the period of the Force Majeure Event:

• The affected party's obligations will be suspended to the extent affected by the Force Majeure Event.
• Both parties shall make reasonable efforts to mitigate the impact of the Force Majeure Event on their obligations.

9.4 Termination for Extended Force Majeure: If the Force Majeure Event continues for a period exceeding 60 days, either party may terminate the affected subscription or agreement without further liability, except for obligations accrued prior to the Force Majeure Event.

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