Binette terms of use

These terms set out the rules for using the Binette mobile app. Making them available, viewing them or continuing to use the app does not, in itself, constitute acceptance of new terms. The general terms are only enforceable once they have been brought to your attention and accepted in accordance with the law. This presentation does not reduce the rights arising from the publisher’s prior commitments.

1. The publisher and the service

Binette is published by Nicolas Bruckert, sole trader, SIRET 842 848 145 00038, at 1114 route des Cadolles, 71470 Romenay, France. You can contact them at 06 06 49 27 10 or at contact@binette-app.fr. Information about the publisher and site hosting is provided in the legal notices.

The app helps organise and track a vegetable garden: drawing plot boundaries on a map, tracking crops, recording notes and observations, checking weather information and talking with an assistant using services from Mistral AI. The features offered depend on the app version and available data. The assistant does not support sending plant photos for diagnosis.

Binette is aimed at both individuals and professionals. Not every function or agronomic model is necessarily suited to all climates and professional uses. Legal rules on capacity to contract remain applicable.

2. Current offer, access and usage data

Binette is currently entirely free, with no subscription or in-app purchases. These terms do not signify agreement to any future payment. They announce no prices or paid offers and do not guarantee that use will remain free forever. They do not affect earlier commitments regarding features already acquired.

Access to personal features requires an account. The sign-in options are a one-time code sent by email and sign-in through Apple or Google, depending on the version and configuration available. A compatible device and internet connection are required for online features. Check the app’s listing on your download platform for the compatibility requirements of the version offered. Device and connection charges depend on your own contracts.

Binette uses PostHog to understand app usage and improve it. Events may be linked to the account ID and email address; they are not presented as anonymous. The benefit for the publisher is to understand user journeys and difficulties in order to guide Binette’s development. This improvement purpose is separate from the operations necessary to provide the requested functions. These terms do not constitute consent to this usage measurement and do not condition your legal guarantees on its acceptance.

The information on personal data separately sets out the documented processing activities and how to exercise your rights. Reading it does not constitute blanket consent to processing, nor does accepting these terms. Technical permissions on the phone do not constitute general consent to processing.

3. Account and usage

Only use login methods you are authorised to access. Protect your email inbox and third-party accounts used for login. Report suspicious access to contact@binette-app.fr. These precautions do not transfer the publisher’s security obligations to the user.

Do not use Binette to transmit illegal content, infringe third-party rights, access another person’s account without authorisation or deliberately disrupt the service.

4. Your content and usage rights

You retain the rights you hold over your content, including plot and crop information, notes and messages. You do not transfer ownership to the publisher.

You authorise the publisher, on a non-exclusive and free-of-charge basis, to host, technically reproduce, transmit, display and process this content solely to enable the functions of the service you are using. This authorisation may be carried out by service providers involved in these functions; its territorial scope is global due to the transmissions necessary for the service to function. It does not grant any rights for advertising reuse or for training artificial intelligence models.

This authorisation is limited to the duration of your account and ends upon deletion of the account or the relevant content. It does not constitute a general authorisation for retention after such deletion, nor a legal basis for processing personal data. Any retention required or permitted by law is assessed separately, according to its purpose and applicable rules.

Elements of the application protected by intellectual property rights remain subject to the rights of their respective holders. You may use the application for the provided functions, in compliance with these rights and the exceptions provided by law. Third-party rights and component licences remain applicable. The publisher does not claim that every response from the assistant is its exclusive property.

5. Gardening guidelines and limits of estimates

Areas, exposure, growth and watering needs are estimates based on available data and models. Weather forecasts are not measurements taken in your garden. The assistant’s responses may contain errors or information unsuitable for your situation.

Observe the land, the condition of the plants and soil moisture before taking action. Binette’s information does not constitute a site-specific agronomic assessment or a definitive diagnosis. No particular harvest outcome is promised. Do not consume a plant solely based on an assistant’s response; have its identification and edibility verified by a qualified person. The use of a treatment product must comply with its instructions and applicable regulations.

These limitations explain how the tools work; they do not exclude the publisher’s liability in case of breach, nor the guarantees and remedies provided by law.

6. Legal guarantees and liability

The absence of a monetary price does not remove the legal guarantees applicable to the provision of the digital service. For consumer users and non-professionals as defined by the Consumer Code, the publisher is liable for conformity defects throughout the continuous provision period of the service under the contract. These terms do not specify a quantified minimum level of availability or service quality. Legal obligations for provision, conformity and updates remain applicable.

To request the enforcement of a guarantee, contact Nicolas Bruckert, at 1114 route des Cadolles, 71470 Romenay, at 06 06 49 27 10, or at contact@binette-app.fr.

Box — Legal guarantees for the continuous provision of a digital service

The consumer is entitled to the enforcement of the legal guarantee of conformity if a conformity defect appears at any time during the period in which the digital service is provided under the contract, from the start of its provision. During this period, the consumer is only required to prove the existence of the conformity defect, not the date on which it appeared.

The legal guarantee of conformity requires the provision of all updates necessary to maintain the conformity of the digital content or service throughout this provision period.

The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following their request, at no cost and without major inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or service, or may terminate the contract and receive a full refund in exchange for renouncing the digital content or service, if:

1° The trader refuses to bring the digital content or service into conformity;

2° There is an unjustified delay in bringing the digital content or service into conformity;

3° The digital content or service cannot be brought into conformity without costs being imposed on the consumer;

4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;

5° The lack of conformity of the digital content or service persists despite the trader’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or contract termination if the conformity defect is so serious that it justifies immediate price reduction or termination. In such cases, the consumer is not required to first request that the digital content or service be brought into conformity.

In cases where the conformity defect is minor, the consumer is only entitled to contract cancellation if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or service for the purpose of bringing it into conformity suspends the remaining guarantee period until the digital content or service is once again conforming.

These rights arise from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

A trader who acts in bad faith to obstruct the enforcement of the legal guarantee of conformity may face a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal guarantee for hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

The legal model mentions a price to cover the various digital service offers; Binette does not charge any price in its current offer. The rights to the restitution of another benefit and to the processing of content after termination apply under the conditions provided for, in particular, by Article L. 224-25-22 of the Consumer Code.

Each party’s liability is assessed in accordance with applicable law. These terms do not categorically exclude losses of harvest, indirect damages or the consequences of a recommendation where the law permits compensation. They do not cap compensation and do not deprive users of their mandatory rights.

7. Stopping use, deleting the account and recovering content

You may stop using Binette at any time, without termination fees. Account deletion can be requested within the app. If you encounter difficulties, contact contact@binette-app.fr. For a request relating to your personal data, use privacy@binette-app.fr.

Closing the account and erasing data are separate operations. These terms do not promise immediate and exhaustive erasure by all service providers. They do not remove prior rights or obligations relating to data deletion. Consult the information on personal data for documented processing and how to exercise your rights.

In the event of contract termination, you have the right, in particular, to recover content other than personal data that you have provided or created, under the conditions and exceptions set out in Article L. 224-25-22 of the Consumer Code. Submit your request to contact@binette-app.fr. This right is not presented as the availability of an automatic export button. Rights over your personal data are exercised separately.

The publisher does not have discretionary rights to suspend your account. In cases of unauthorised access, unlawful content or deliberate disruption of the service, protective measures must remain necessary and proportionate. Unless justified by urgency or legal prohibition, the reasons will be communicated to you, and you may submit your observations to contact@binette-app.fr. Any termination remains subject to the conditions of applicable law.

8. Consumer right of withdrawal

For a contract concluded at a distance, the consumer has a legal right of withdrawal of fourteen days from the conclusion of the contract, without having to justify their decision. Starting to use this free service does not constitute a general waiver of this right. Any legal extensions, particularly in the event of failure to provide information, remain applicable.

To exercise your right of withdrawal, send a clear declaration before the expiry of the deadline to contact@binette-app.fr or to Nicolas Bruckert, 1114 route des Cadolles, 71470 Romenay. You may use the form below, or any other unambiguous statement. As no service price has been charged to you, no corresponding amount is to be refunded; the rules relating to data and content remain applicable.

Withdrawal form

For the attention of Nicolas Bruckert, 1114 route des Cadolles, 71470 Romenay, contact@binette-app.fr :

I hereby notify you of my withdrawal from the contract for the Binette digital service.

Date of contract conclusion:

Consumer name:

Consumer address:

Binette account email address, to identify the account in question:

Date:

Signature, only if sent on paper:

9. Changes to the service and terms

Contractual changes require your agreement or a legally permitted reason. A new version displayed on this page and the mere continuation of use are not sufficient to establish this agreement. Previous commitments regarding acquired features and notification of changes are preserved.

Updates needed to maintain conformity, including security, form part of the publisher’s legal obligations. These terms do not give the publisher general permission to change the service’s features for other reasons.

When updates that are not needed to maintain conformity are introduced, the conditions of Article L. 224-25-26 of the Consumer Code must be met: a valid reason provided for in the contract, clear advance information on a durable medium, no additional cost, and information about the right to refuse or uninstall the update where it adversely affects access or use. The right to terminate without charge remains applicable under the statutory conditions and time limits, subject to the statutory exceptions for a minor adverse impact or where a conforming service can be maintained without the update.

10. Complaints and disputes

For a question or complaint, write to contact@binette-app.fr or to Nicolas Bruckert, 1114 route des Cadolles, 71470 Romenay.

The previous assertion that Binette had joined MEDICYS was incorrect. Binette has not entered into any consumer mediation agreement. No alternative mediator is announced here. This information does not limit any legal recourse and does not require an attempt at an amicable settlement before bringing a case before a court.

French law applies, subject to the mandatory protective rules available to the user. The competent courts are determined by the applicable legal rules; these terms do not impose an exclusive court.