Mellonne Deliverables Terms and Conditions

Last Updated: September 24^th, 2024

These Terms and Conditions (“Terms”) apply to all deliverables, including but not limited to test smart cards, tools, software, hardware, training, and consultancy services provided by Mellonne (”Company,” ”we,” ”us,” or ”our”). By purchasing or using any of our deliverables, you agree to be bound by these Terms. If you do not accept these Terms, you may not use the Deliverables.

1. Definitions

• Test Cards: Refers to the smart cards produced and sold by Mellonne specifically for testing acquiring services in financial institutions.
• Deliverables: Refers to all products or services provided by Mellonne, including test cards, software tools, hardware, training, and consulting services.
• Software: Refers to the software provided by Mellonne as part of the Deliverables, including but not limited to any applications, tools, or digital services.
• User or You: Refers to any individual or entity purchasing or utilizing the Deliverables.
• Fees: Refers to the payment owed by the customer as specified in the Agreement between the parties.

2. Acceptance of Terms

By purchasing and using any Deliverables, including Test Cards and Software, you confirm that you have read, understood, and agreed to these Terms. Should you disagree with any part of these Terms, you must refrain from using the Deliverables.

3. Orders and Payment

• Order Acceptance: All orders are subject to acceptance by Mellonne. We reserve the right to reject any order at our discretion.
• Final Sales: All sales of Deliverables are final, and no refunds or credits will be provided, except where explicitly stated for Test Cards.
• Price Adjustments: Prices are subject to change without prior notice.
• Payment Methods: Payment must be completed at the time of purchase through approved payment methods.

4. Shipping and Delivery

• Shipping Terms: Deliverables, including Test Cards, are shipped under CPT terms (as per Incoterms 2016). Shipping costs and delivery times vary based on the destination and shipping method selected during checkout.
• Liability: Mellonne is not responsible for delays or damages incurred during shipping. Once the Deliverables are shipped, all risk passes to the User.

5. Returns and Refunds (for Test Cards)

• Return Policy: Test Cards may be returned within 7 days of delivery for a full refund, provided they are unused and in their original packaging.
• Initiating Returns: To initiate a return, please contact our customer service team at testcards.order@@mellonne.com.
• Exclusions: No returns will be accepted for Test Cards that have been used, altered, or damaged by the User.

6. Usage Restrictions (for Test Cards)

• Purpose: The Test Cards are strictly intended for testing purposes and must be used in compliance with the provided guidelines.
• User Responsibility: You are responsible for the safe and proper handling of the Test Cards.
• Prohibited Use: The Test Cards must not be used for any unlawful or unauthorized activities.

7. Software Licensing

7.1 License Grant

Mellonne grants the User a non-exclusive, non-transferable, and revocable license to use the software provided as part of the Deliverables (“Software”) solely for the intended purpose as specified in the Agreement between the parties.

7.2 License Restrictions

Unless expressly permitted by Mellonne in writing, the User shall not:

• Copy, modify, distribute, or create derivative works based on the Software.
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software.
• Rent, lease, sublicense, or otherwise transfer the rights to the Software to any third party.
• Remove or alter any proprietary notices, labels, or marks on the Software.

7.3 Ownership

Mellonne retains all intellectual property rights and ownership of the Software, including any updates, upgrades, or derivative works. The User is granted a limited right to use the Software as specified in these Terms, but no ownership rights are transferred.

7.4 Software Updates

Mellonne may, from time to time, provide updates or upgrades to the Software. These updates are subject to the same terms as the original Software unless expressly stated otherwise. Mellonne is under no obligation to provide any updates or support for the Software unless otherwise agreed upon in a separate support agreement.

7.5 Warranty Disclaimer for Software

The Software is provided ”as is,” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Mellonne does not warrant that the Software will be error-free, uninterrupted, or compatible with third-party software or hardware.

7.6 Limitation of Liability for Software

Mellonne’s total liability for any claim related to the Software will not exceed the fees paid for the Software. In no event will Mellonne be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Software.

8. Warranties and Disclaimers

• Product Warranty (for Test Cards): Mellonne warrants that the Test Cards will be free from material defects and workmanship errors for a period of 1 year from the date of purchase. This warranty does not cover damage resulting from misuse, improper handling, or unauthorized modifications.
• Limited Warranty for Deliverables: All Deliverables are provided “as is” unless explicitly specified otherwise. No other warranties, express or implied, including merchantability, fitness for a particular purpose, or technical performance, are provided.
• Disclaimer: Except as explicitly stated, the Test Cards, Software, and other Deliverables are provided “as is” without any express or implied warranties.

9. Limitation of Liability

• Monetary Liability: Mellonne’s total liability for any claim related to the Deliverables, including Test Cards and Software, will not exceed the purchase price paid by the User.
• Consequential Damages: Mellonne is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Deliverables.

10. Intellectual Property Rights

• Ownership: Mellonne retains all intellectual property rights, including but not limited to trademarks, logos, designs, and digital content related to the Deliverables and Software.
• Restrictions: The User is not granted any rights to use Mellonne’s intellectual property without explicit written consent from Mellonne.

11. Privacy Policy

Data Protection: Mellonne is committed to safeguarding your personal information. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.

12. Governing Law

• Jurisdiction: These Terms are governed by the laws of France.
• Exclusive Courts: Any disputes arising from these Terms shall be exclusively resolved in the courts of Aix-en-Provence, France.

13. Modifications to Terms

• Right to Amend: Mellonne reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website.
• Notification: Continued use of the Deliverables after any changes to the Terms constitutes acceptance of those changes.

14. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Mellonne

Address: Chemin de Levesi, 13590 Meyreuil, FRANCE

Email: contact@@mellonne.com

Phone: 33 9 72 15 34 82