### Terms and conditions application WINE IN BLOCK

Release 26/05/2021

### PREAMBLE

WINE IN BLOCK is a company focused on combating theft and counterfeiting in the wine industry. It has developed a solution for private individuals and wineries, which enables the authentication of bottles and/or cases of wine, and further enables detailed information to be obtained in relation thereto. This innovative solution is based on Blockchain technology.
WINE IN BLOCK has produced this solution in the form of a mobile application available for download for free via Google Play Store (for Android smartphones and tablets) and Apple Store (for iOS smartphones and tablets) (referred to hereafter as “the Application”).
The purpose of these terms and conditions (referred to hereafter as “the Conditions”) is to regulate access to / the terms of use of the Application, and to also monitor the Services made available to Users by WINE IN BLOCK.
The access and use of the Application are subject to the Conditions of this document, which the User must read and accept before accessing and using said Application.
By using the Application, the User declares having read and unreservedly accepted all of the Conditions herein.

### DEFINITIONS

In these Conditions, the terms which commence with a capital letter are to be interpreted as per the definitions here below, it being hereby specified that terms in the plural also include those in the singular (and vice versa).
“Application”
Means the application produced by WINE IN BLOCK available for free on Apple Store and Google Play Store. “Conditions” Means these WINE IN BLOCK Terms and Conditions which apply to Users and are available on the Platform.
“Passport of the bottle”
Means the digital document containing information enabling the identification of the bottle: name of the wine estate, cuvée, vintage, colour of the wine, serial number of the bottle, and data relating to its geographical location.
“Passport of the case”
Means the digital document containing information enabling the identification of a case of wine: name of the wine estate, cuvée, vintage, colour of the wine, the temperature log and humidity readings for the case of wine, and data relating to its geographical location.
“User”
Means any natural person who has access to or uses the Application produced by WINE IN BLOCK. The User must be aged 18 years or over. Use of the Application by a minor is prohibited.

### Article 1 - THE SERVICES OF THE APPLICATION

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The Application provides Users with the following services:
- The authentication of bottles of wine or cases of wine;
- Geographical tracking of bottles and cases of wine;
- Information regarding the wine and the wine estate (origin, advice for tasting and storage);
- Data monitoring in respect of the temperature and humidity of a case of wine.
(referred to hereafter as “the Services”).
To that end, WINE IN BLOCK uses Blockchain technology as described here below.

#### • For bottles

####

WINE IN BLOCK uses NFC microchip technology for each bottle, which is linked to the Passport of the Bottle.
Each microchip is unique and is rooted in the Blockchain: the Passport of the Bottle corresponds to a microchip and is consequently unforgeable, and can also be authenticated.
The reading of the microchip via the WINE IN BLOCK Application enables the User to satisfy themselves as to the authenticity of the bottle.
If the NFC microchip is recognized, the User can then download a certificate of authenticity and access information contained in the Passport of the Bottle.
If the bottle does not have an NFC microchip, or if the microchip has been damaged, the Application will inform the User that the bottle is unidentified, and the User will be invited to contact WINE IN BLOCK.
If there is an attempt to counterfeit an NFC microchip, the Application will inform the User that the bottle is certified as being inauthentic, and the User shall also be invited to contact WINE IN BLOCK.

#### • For cases

####

WINE IN BLOCK uses an electronic unit (QWIB) for each case, which is linked to the Passport of the Case.
Each unit is unique and is registered in the Blockchain. As such, the Passport of the Case is unforgeable and can be used to guarantee the authenticity of a case.
The reading of the unit via the WINE IN BLOCK Application enables the User to satisfy themselves as to the authenticity of the case.
If the unit is recognized, the User can download a certificate of authenticity and access information contained in the Passport of the Case.
If the bottle does not have a QWIB unit, or if the unit has been damaged, the Application will inform the User that the case is unidentified, and the User will be invited to contact WINE IN BLOCK.

If the case is counterfeit, the Application will inform the User that the case is certified as being inauthentic, and the User shall also be invited to contact WINE IN BLOCK.

### Article 2 - PREREQUISITES FOR USE OF THE SERVICES

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In order to access and use the WINE IN BLOCK Application, the User must be of legal age and must be legally capable of entering into a contract.
The User acknowledges that French law n°2009-979 of 21st July 2009 prohibits the sale of alcoholic beverages to minors. Any registration on the Application by or on behalf of a minor is strictly prohibited.
These Conditions exclusively apply to Version 1 of the Application which does not require the creation of a personal account for the User to be able to access the Services.

### Article 3 - RESPECTIVE OBLIGATIONS OF THE PARTIES

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#### 3.1 General obligations of Users

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By using the Services, the User undertakes:
- Not to use the Application for profit-making or professional or commercial purposes that are not directly linked to the wine-making operation within the User’s domain. In such cases, WINE IN BLOCK reserves the right to suspend the User’s access to the Application, and also reserves the right to initiate legal proceedings against them;
- Not to provide WINE IN BLOCK with any false, misleading or fraudulent information;
- Not to infringe the rights and image of WINE IN BLOCK, particularly its intellectual property rights.

#### 3.2 Obligations of WINE IN BLOCK

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WINE IN BLOCK undertakes to use its best efforts to make the Application accessible by the User 24 hours per day, 7 days a week, subject to any interruptions in service due to maintenance and/or improvement works, network faults, server failures, or any other event beyond its control.
The nature of the Services offered by WINE IN BLOCK are subject to vagaries relating to technological equipment, internet speed and available connection. The User acknowledges that WINE IN BLOCK is subject to an obligation to provide the means, not the outcome.

### Article 4 - FINANCIAL CONDITIONS

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The use of the Application such as described in these Conditions is free for the User.
As such, the User is hereby informed that no request for payment shall be made of them by WINE IN BLOCK in respect of the use of the Application, and WINE IN BLOCK shall not be held liable for any undue payment made by the User to a third party.
WINE IN BLOCK provides an email support service to Users: support@wineinblock.io

### Article 5 - LIABILITY

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#### 5.1 Liability and obligations of WINE IN BLOCK

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The User acknowledges and accepts that WINE IN BLOCK services are limited to making all reasonable efforts to ensure the provision and operational maintenance of the Application, i.e. purely technical services.
As such, the User relieves WINE IN BLOCK, its subcontractors and suppliers, of any liability, and shall indemnify them against any claim or action in relation to the Application which may be brought against them by any third party, and shall assume responsibility for damages as well as any costs that they (the User) might be ordered to pay, or costs that may be specified (as payable by them (the User)) in a settlement agreement signed by them (the User) with this third party, notwithstanding any damages which WINE IN BLOCK, its subcontractors and suppliers may be able to claim owing to the torts/delicts of the User.
Furthermore, under no circumstances shall WINE IN BLOCK be liable for any harm Users may cause to third parties and any ramifications in respect of claims or action resulting therefrom. As host service provider, WINE IN BLOCK is subject to a mitigated liability regime (régime de responsabilité atténuée) in accordance with articles 6.I.2. et seq. of French law n°2004-575 of 21st June 2004 to support confidence in the digital economy.

#### 5.2 Limitation of liability

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WINE IN BLOCK undertakes to use its best efforts to make the Application available, and to best ensure the provision of the Services to Users while protecting their safety, however WINE IN BLOCK accepts no liability in respect of:
- Interruptions, outages, modifications, suspension or malfunctioning of the Services (irrespective of the means of communication used – and of whatever nature and source),
- cyber-attacks or hacking, loss of data, bugs, privation, removal or disabling (temporary or permanent – and for whatever reason) of access to the internet network;
- temporary unavailability of access to the Application due to technical issues of whatever nature and source;
- direct or indirect harm (of whatever kind) caused by the User, arising from access, management, use, exploitation, malfunction and/or interruption of the Services;
- abnormal use or illicit exploitation or fraudulent misuse of the Services by any User.
More broadly, WINE IN BLOCK shall not be liable in the event of use of the Application, which does not comply with these Conditions, by a User.

### Article 6 - INTELLECTUAL PROPERTY

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All trademarks, figurative or otherwise, and all other trade names, service marks, illustrations, images, logos, designs and templates, whether registered or not, copyrights and patent rights (referred to hereafter as “intellectual property”) appearing on the Application are and shall remain the exclusive property of the company WINE IN BLOCK.
Any reproduction (whether full or partial), modification or use of intellectual property, for any reason or via whatever medium, is strictly prohibited without the prior express written consent of WINE IN BLOCK. This restriction also applies to any combination or use of any other brand, symbol, logo or, more generally, any distinctive mark intended for use within a logo.
Non-compliance with this restriction constitutes a counterfeit, which may invoke the counterfeiter’s civil and/or criminal liability, and against whom WINE IN BLOCK reserves the right to claim compensation for any damages incurred.
More generally, WINE IN BLOCK is and shall remain the exclusive owner of i) all of the rights (including intellectual property) in respect of the Application, all of the elements which make up the Application or any element provided to the User by WINE IN BLOCK in regards to these Conditions; ii) any right relating to know-how, techniques, equipment, programs, tools, integrations, enhancements and/or documents developed by WINE IN BLOCK.

### Article 7 - FORCE MAJEURE

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Should WINE IN BLOCK be unable to provide the Services to Users, such as the Services arising out of these Conditions – namely providing access to / use of the Application – as a result of a case of force majeure (within the meaning of article 1218 of the French Civil Code), the performance of its obligations shall be suspended during the period in which the circumstances of a force majeure persist.
WINE IN BLOCK shall notify the User of such an event as soon as possible following the occurrence of a case of force majeure and shall make every effort to limit the consequences of this delay.
It being hereby specified that if such force majeure should persist over time, this would not relieve Users of their obligation to comply with these Conditions.
In such a scenario, Users shall have no claim to any compensation in light of the fact that the Services are being freely provided to them.

### Article 8 – ACCESS TO THE APPLICATION

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The User is free to use (or not) the WINE IN BLOCK Services.
WINE IN BLOCK reserves the right to restrict or refuse access to the Application by a User who does not comply with the terms of these Conditions.
In such a case, WINE IN BLOCK shall send a notification to the User, to be responded to within a reasonable period of time (which the User shall be given prior notice of), in order to bring an end to any acts or conduct that is not in compliance with these Conditions.
Failing a response within the specified time period, or failing a satisfactory reply, WINE IN BLOCK reserves the right to refuse such User access to the Application.

### Article 9 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

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In the event of a failure to reach an amicable agreement, the matter shall be settled via the competent courts.

### Article 10 - MISCELLANEOUS

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### 10.1 Modification

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WINE IN BLOCK reserves the right to amend, at any time and without prior notice, all or part of these Conditions.
Users are invited to check these Conditions regularly in order to learn of any possible modifications that have been made thereto.
Use of the WINE IN BLOCK Services constitutes acceptance, on the part of Users, of any alterations made to these Conditions.
WINE IN BLOCK reserves the right to provisionally or definitively suspend the Application without delay or compensation of any kind.

#### 10.2 Divisibility

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Where one of the clauses of these general terms and conditions should be declared void by virtue of a legal ruling, such nullification shall not invalidate any of the other clauses which will continue to be in effect.

#### 10.3 Non-waiver clause

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Where Users refrain from invoking, either temporarily or permanently, one or more of the clauses of these general terms and conditions, this does not in any way constitute a waiver of the subsequent enforcement of the clauses in question and/or the remainder of these Conditions.