Terms of Service

1. Acceptance of Terms

By accessing and using the Domard website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Domard. If you do not agree to these terms, you must not access or use our services. Your continued use of our services constitutes acceptance of any modifications to these terms.

2. Service Description

Domard provides a comprehensive pearl farming management software platform designed to streamline operations for pearl farming businesses. Our services include farm management tools, inventory tracking, harvest planning, quality assessment systems, and business analytics. The platform is accessible via web browser and is designed specifically for pearl farming operations in French Polynesia and surrounding territories. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to users.

3. User Eligibility

Our services are intended for use by businesses and individuals engaged in pearl farming operations. You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our services. By registering for an account, you represent and warrant that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Intellectual Property Rights

All content, features, and functionality of the Domard platform, including but not limited to text, graphics, logos, software, data compilations, and the overall design, are owned by Domard and are protected by international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from our platform without our express written permission.

5. Prohibited Uses

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, or impair our platform. Prohibited activities include, but are not limited to:

• Violating any applicable local, national, or international law or regulation
• Infringing upon the intellectual property rights of Domard or any third party
• Transmitting any malicious code, viruses, or harmful software
• Attempting to gain unauthorized access to our systems, other user accounts, or computer networks
• Interfering with or disrupting the operation of our services or servers
• Using automated systems or software to extract data from our platform (scraping)
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Collecting or storing personal data about other users without their consent
• Using our services to send unsolicited commercial communications
• Engaging in any conduct that restricts or inhibits other users from using our services

6. User Responsibilities

As a user of Domard services, you are responsible for ensuring that your use complies with all applicable laws and regulations, including those governing pearl farming operations in your jurisdiction. You must maintain accurate and up-to-date account information, protect the confidentiality of your login credentials, and promptly notify us of any security breaches. You are solely responsible for all data you input into our platform and must ensure you have the legal right to use and share such data. You agree to use our services in a professional manner and to respect the rights of other users.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Domard and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your access to or use of our services. Our total liability for any claims arising from your use of our services shall not exceed the amount you paid to Domard in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of these limitations may not apply to you.

8. Disclaimers

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Domard makes no warranty that our services will meet your requirements, be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any content or data provided through our platform. Any material downloaded or obtained through our services is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from the use of our services. No advice or information obtained from Domard shall create any warranty not expressly stated in these terms.

9. Indemnification

You agree to indemnify, defend, and hold harmless Domard and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms of Service, your violation of any rights of another party, or any content you submit or transmit through our services. This indemnification obligation will survive the termination of your account and your use of our services.

10. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice, for any reason including breach of these Terms of Service. You may terminate your account at any time by contacting our support team. Upon termination, your right to access and use our services will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. We will make reasonable efforts to provide you with access to your data for a limited period following termination.

11. Modifications to Terms

Domard reserves the right to modify these Terms of Service at any time. We will provide notice of material changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes your acceptance of the revised terms. If you do not agree to the modified terms, you must discontinue your use of our services. We encourage you to review these terms periodically to stay informed of any changes. For significant changes that materially affect your rights, we may provide additional notice via email.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of France (Code civil français), without regard to its conflict of law provisions. As Domard operates primarily in French Polynesia, local regulations and customs may also apply. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts of France. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms.

13. Dispute Resolution

In the event of any dispute arising from or relating to these Terms of Service or your use of our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts as specified in the Governing Law section. You agree to waive any right to participate in class action lawsuits or class-wide arbitration. Each party shall bear its own costs and expenses in any dispute resolution process unless otherwise determined by a court of competent jurisdiction.

14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our services, please contact us using the information below. We are committed to addressing your inquiries in a timely and professional manner.