Terms of Service
GENERAL TERMS AND CONDITIONS OF THE WEBSITE, THE PLATFORMAND DATAMENSIO SERVICES AND SOLUTIONS
1 PREAMBULE
The purpose of these General Conditions (hereinafter “the General Conditions”)is to define the terms and conditions under which Datamensio, a simplifiedjoint-stock company with capital of € 214 183 € , whose registered office is159, avenue Wagram at 75017 Paris and the unique identification number is898680855, RCS of Paris, (hereinafter “Datamensio”) authorizes its professionalcustomers (hereinafter “the Customer(s)”) to use the Datemensio.com website, as well as toaccess the Services and Solutions it publishes.
These Terms and Conditions are available in multiplelanguages.
The translations of these General Conditions are made fromthe French version. Translations are provided for informational purposes only.In the event of a conflict or discrepancy between the translated versions andthe French version (for reasons of translation delays, for example), the Frenchversion will prevail in all cases.
2 DEFINITIONS
Each time they are used, the terms defined below will havethe following meanings:
“General Conditions”: refers to these general conditions ofuse of the Site and access to Datamensio Services and Solutions.
“Client(s)”: refers to any natural or legal person(s),acting for professional purposes, having entered into a Contract withDatamensio authorizing it to access the Services and Solutions, in theconditions and limits defined in the General Conditions and in the specialconditions as stipulated in the Quotations.
“Contract”: designates the contractual whole formed of theQuotation and the General Conditions.
“Customer Success Manager”: salaried employee or serviceprovider of Datamensio in charge of accompanying, supporting and training theClient and Users.
“Data”: means the information, publications and, in general,the data in the Customer database, provided by the Customer under his soleresponsibility, to allow him to use the Solutions.
“Personal data”: means any information relating to anidentified or identifiable natural person in accordance with law n ° 78-17 ofJanuary 6, 1978, relating to data processing, files and freedoms (known as the“Data Processing and Freedoms” law). ”) and the European Data ProtectionRegulation (EU Regulation 2016/679 of the European Parliament and of theCouncil of April 27, 2016 – GDPR).
“Quote”: refers to the document published by Datamensio andaccepted by the Client allowing the latter, under the conditions it determines,to benefit from the Services and to access the Solutions marketed byDatamensio. The conditions negotiated and agreed between the Parties containedin the Quotation include, without this list being exhaustive: duration of thesubscription, quantity of individual accesses, Financial Conditions, technicaloptions if applicable, additional and optional services as well as the amountof their annual or monthly billing, if applicable, training services andfinancial conditions for individual or collective training, if applicable, astart date, special conditions if applicable.
“Software(s)”: refers to any software provided by Datamensioto the Customer and of which Datamensio is the publisher.
“Party(ies)”: means separately or jointly Datamensio and theClient.
“Datamensio Platform” or “Platform”: refers to theDatamensio platform allowing Clients and Users to access the Services andSolutions in SaaS mode.
“SaaS”: refers to the mode of remote access to the Solutionsvia the Internet network.
“Application Services”: refers to the services offered inSaaS mode by Datamensio, allowing the use of the Solutions by the Client andthe Users.
“Service(s)”: refers to the services provided by Datamensio,whether they are Application Services or Optional Services as stipulated in theQuotation.
“Website”: refers to the Datamensio website accessible atthe following address: https://www.datamensio.com/.
“Solutions”: refers to the Software, functionalities,programs, repositories, modules and content made available to the Client andUsers by Datamensio, in accordance with the stipulations of the Contract.
“Users”: designates any person authorized by the Customer,and placed under his responsibility (agent, employee, representative, etc.),beneficiary of access to the Services and Solutions in accordance with thestipulations of the Contract, under the terms of the user license contracted bythe Client.
“Repository(s)”: refers to a set of structured text contentin questions and answers organized and grouped according to subjects andthemes.
3 PRINCIPES
The Datamensio Website and SaaS Platform as well as all the Solutions itincludes are published and marketed by Datamensio.
In addition to the Application Services, Datamensio mayoffer its customers optional services such as user support and trainingservices delivered by Datamensio and/or its Customer Success Managers. TheServices are offered to the Customer on request and will be the subject of aQuote concluded between Datamensio and the Customer.
The General Conditions are freely accessible on the Websiteand are transmitted to the Customer at the same time as the Quotation is sent.Any (i) order for Services or access to Solutions, (ii) acceptance of aDatamensio Quote or (iii) use of the Website implies irrevocable acceptance ofthe General Conditions by the Customer.
The Customer undertakes to communicate the GeneralConditions to its Users, of which it is responsible.
These general conditions apply, without restriction orreservation, to the Website and to all Datamensio Services and Solutions to theexclusion of any contractual document of the Client, such as general conditionsof purchase.
However, the General Conditions can be negotiated. TheParties may thus derogate from certain clauses of the General Conditions byestablishing special conditions materialized by the Quotation.
4 OBJET
The purpose of these General Conditions is to define and organize thecontractual relations between Datamensio and all Customers and Users of itsServices, Solutions and its Website.
Their purpose is to define the terms and conditionsapplicable to the Services and Solutions published by Datamensio.
Thus, Datamensio consents to the Client and the Users, whoaccept it:
i. A right of access to the Services and Solutions hosted onthe Datamensio servers under the conditions defined below; ii. A right to enduse of the Solutions, under the conditions defined below; iii. A set ofServices defined below, in particular data hosting, maintenance of ApplicationServices, technical assistance and training.
The General Conditions can be consulted via a clickable HTMLlink at the bottom of the page of the platform and the Datamensio website.
5 CHANGES IN GENERAL CONDITIONS
The Contract takes effect with respect to any User from the start of use of theSite, a Service or a Solution, whether or not a financial transaction has takenplace.
Datamensio SAS reserves the right to modify the clauses ofthese General Conditions at any time and without justification.
Any modification of the General Conditions will be presumedaccepted by the Customer who, after having been notified in writing, will nothave expressed his disagreement within a period of one (1) month.
6 ACCESS TO THE WEBSITE, SERVICES ANDSOLUTIONS
All Users and Customers with internet access can access the Datamensio.com website free of chargeand from anywhere.
The costs incurred by Customers and Users to access it(internet connection, computer equipment, etc.) are not borne by Datamensio.
The Site and the Services may be interrupted or suspended byDatamensio, in particular during maintenance, without obligation of notice orjustification.
By subscribing to the Services of Datamensio SAS, theCustomer and the Users acknowledge:
i. That they are fully informed that the implementation ofthe Services and Solutions requires an internet connection and that the qualityof the Services and Solutions depends on this connection; ii. That Datamensiois not responsible for the quality of the connection available to Users andCustomers; iii. That they are fully aware of the characteristics of theSolutions and Services, and their constraints, limitations, in particulartechnical ones, and of the associated Services prior to signing the Contract;iv. Have read and approved these General Conditions as well as any contractualprovision that may appear in the Quotation that binds the Parties.
Under the terms of the Agreement, Customers and Users mayaccess:
i. On the Website; ii. To the web application platformaccessible by subscription in SAAS mode.
6.1 THE WEBSITE:
The Datamensio information website can be viewed and hostedat https://www.datamensio.com.
Publisher: the Datamensio information website is produced byDatamensio SAS. Hosting: The Site is hosted by OVH France. The editor is:Michael Aim.
The domain name, as well as all the elements and contentappearing on the Website, are the exclusive property of Datamensio and areprotected worldwide by copyright. Their reproduction, even partial, is strictlyprohibited, except with the prior and express authorization of Datamensio.Under the same conditions, their use is limited to strictly private use. Alluse or reproduction, even partial, of one or more elements of the Website isstrictly prohibited.
Any reproduction or any other use, without the prior andexpress authorization of Datamensio, constitutes an infringement and issanctioned as such under the Intellectual Property Code.
The Datamensio website has a marketing vocation and aims toinform the visitor about the Services and Solutions offered by Datamensio andto answer any questions through the contact forms.
Any visitor to the Website or Customers and Users may usethe Website to:
i. Learn about the services of the Datamensio company anddiscover the Datamensio products; ii. Request a sales appointment or anappointment to attend an online demonstration of Datamensio’s products andsoftware; iii. Request a Quote.
Datamensio collects via information request forms, thecontact details of the visitor.
These contact details are in no way transmitted to thirdparties and are only used by Datamensio for the sole purpose of being able torecontact the visitor to the Website and to answer their questions.
6.2 SOLUTIONS AND SERVICES ACCESSIBLE BY SUBSCRIPTION INSAAS MODE: Datamensio has developed a set of Services and Solutionsfor companies and professionals accessible by subscription.
This is the main activity of Datamensio SAS.
Datamensio’s Services and Solutions are paid for andreserved for registered and identified Users and Customers, under theconditions of the Contract.
Users and Customers can access Datamensio’s Solutions andServices using the login credentials provided to them when they register withDatamensio.
For the same access, for a given subscription, the pricesand characteristics are set by Datamensio according to a set of subscriptioncharacteristics.
The Services offered by the Datamensio platform aredistributed over a set of software accessible in SaaS mode by Users andCustomers of Datamensio.
The various Services and Solutions are accessible via asoftware suite made up of several Services and Application Services:
i. DatamensioPilot© ii. Datamensio Maps© iii. Datamensio Horizon© iv. Datamensio Services©.
7 CONTRACTUAL DOCUMENTS
Each Contract constitutes the entire agreement between Datamensio, the Usersand the Customers and is formed, in order of precedence, of all the followingcontractual documents:
iv. The General Conditions; v. The estimate.
In case of contradiction, the stipulations of saidcontractual documents prevail over each other in the aforementioned order.
The Quotation is produced by Datamensio on the basis of theneeds expressed by the Client.
It is the Customer’s responsibility to ensure that theQuotation, Services and Solutions are suitable for his needs and to have theappropriate configuration and equipment.
Each Quotation is established on the basis of the needscollected from the Customer by the Datamensio services and this, which theCustomer wishes to contract according to standard or more specific conditions.
The Quotation includes the following information: price,duration of the subscription, quantity of individual accesses, Financialconditions, technical options if applicable, additional and optional servicesas well as the amount of their annual or monthly billing if applicable, theservices of training and financial conditions for individual or group training,if applicable a start date, special conditions if applicable.
The Customer may obtain a quote (i) via the contact formsaccessible on the Website, (ii) by email at contact@datamensio.com or (iii)at any Datamensio email address provided to him by Datamensio employees.
The validation of the Quotation is done by any writtenmeans, including by email, in particular, an email response from the Customerto Datamensio’s services, mentioning the Quotation and bearing the mention“Good for agreement” implies unconditional acceptance of the Quotation.
In the event of a contradiction between differentQuotations, the Quotation that was issued most recently and accepted in writingby the Customer prevails over any prior provision.
The Quotation may derogate from the provisions of duration,renewal or method of payment of the General Conditions.
8 STANDARD AND SPECIAL CONDITIONS
Unless special conditions stipulated in the Quotation, the Access toDatamensio’s Services and Solutions is done according to SaaS (Software as aService) type methods.
The main characteristics of SaaS are: i. The User and/orClient accesses Datamensio Solutions and Services via the Internet according totheir subscription; ii. The cost of the subscription that Datamensio invoicesto the User depends on the consumption of the Service or the Solution by theClient and the Users for whom it is responsible.
Datamensio offers so-called “standard” offers which arepresented, in particular on the Website.
The Standard Offers may vary according to several elementswhich will determine the price of the subscription and the volume of access aswell as the consumption limits of the services by the User Client.
These offers may change at any time.
Datamensio is able to offer, at the Customer’s request, morespecific offers, in particular on the number of individual accesses and thetype of optional Services, recurring or not, such as:
i. Data migration; ii. Any deployment of Datamensio Softwarein a technical environment or specific servers (“On Premise”) to the Customer;iii. Integration and interconnection with third-party software; iv. Trainingand support.
In all cases, the conditions agreed between the Client andDatamensio are the subject of a Quotation.
9 TERMS, CONDITIONS OF ACCESS TO SERVICES AND DURATION OFCOMMITMENT 9.1 CONDITIONS OF ACCESS To be able to access the Solutions andServices published by Datamensio: i. The Client must be a legal or naturalperson with full and entire capacity to enter into a Contract and have acceptedthe Quotation proposed by Datamensio. ii. The Customer must have the status ofProfessional who acts for purposes falling within the scope of his commercial,industrial, craft, liberal or agricultural activity, including when he acts inthe name or on behalf of another professional. iii. The User must be authorizedby a Client and placed under his responsibility, and in doing so, be thebeneficiary of access to the Services and Solutions in accordance with thestipulations of the Contract concluded between Datamensio and the Client. 9.2TERMS OF ACCESS TO SERVICES AND SOLUTIONS To benefit from the Services and haveaccess to the Platform and the Solutions, Clients and Users must create anaccount.
The Client and/or Users must provide all the informationrequested by Datamensio in the subscription form so that Datamensio canvalidate the access request.
Datamensio will create a Customer account giving the rightto personal access to the Datamensio platform, accessible by means of ausername and password.
As soon as their accounts are created, the Client and theUsers receive an automated email invitation allowing them to create their ownusernames and passwords.
Identifiers are personal and confidential. They can only bemodified at the request of the Customer via the password modificationinterface, and of the Users or at the initiative of Datamensio if necessary.
In the latter case, the Customer will be informed inwriting.
The Client and the Users undertake to make every effort tokeep the identifiers concerning them secret and not to disclose them in anyform whatsoever.
The Customer is entirely responsible for the use of hisidentifiers and those of his Users. The Customer is responsible for keeping theaccess codes provided by Datamensio. He will ensure that no other person notauthorized by Datamensio has access to the Platform, Services and Solutions. Ingeneral, the Customer assumes responsibility for the security of individualaccess stations to the Platform, Solutions and Services.
In the event of loss or theft of one of the identifiers, theCustomer will use the procedure put in place by Datamensio allowing him torecover his identifiers by fax.
The first access opened by Datamensio to the Client isaccess to the “Administrator” type Account (Master type access).
Master type access has the most extensive rights to managethe entire Customer account and to create secondary accounts for Users. Thenumber of sub-accounts that the Customer can open depends on the conditions andthe subscription taken out in the Quotation.
The Secondary Accounts that the Customer can open for itsUsers are of different kinds: i. Non-administrator read or write access; ii.Team Member access; iii. Guest Access Datamensio Horizon©.
The Customer is fully and solely responsible for thecreation of secondary accounts and access but also for the configuration of thesecondary accounts of its Users.
The Client is solely responsible for the use of thePlatform, Services and Solutions by Users.
sators for which he answers and for which he bears strong.
The Customer is also responsible for the integrity of hisData which would have been deleted, modified or degraded by one of the Users towhom the Customer would have granted access.
The Client and the Users can access the Services and theSolutions:
i. By going directly to the login page of the Datamensioplatform and entering their usernames and passwords; ii. Or, if available andif included in the subscription taken out by the Customer, using an API thatDatamensio makes available to the Customer and that it must integrate itsvarious information systems and third-party software.
The Client and the Users access the Platform using:
i. an identifier (Login) assigned to each User byDatamensio. Barring exceptions, the Login is the email address of the User orCustomer Concerned; ii. And a password created by the Client or the Userconcerned when setting up his account and/or communicated to the Client byDatamensio via automated services.
The Client will use the Identifiers that will have beencommunicated to him each time he connects to the Platform.
The Customer and the Users will use this right of accessalone and will be able to connect at any time – with the exception ofmaintenance periods, namely:
i. Round the clock ; ii. 7 days on 7 ; iii. IncludingSundays and public holidays; iv. With assistance from Datamensio’s technicalteams when necessary and depending on the level of assistance included in thesubscription that the User Client has taken out; v. The access proceduredefined by Datamensio must be strictly respected by the Customer: Access isonly via the Datamensio authentication page, by entering their login andpassword in the fields provided for this purpose in order to access to their account.
9.3 VOLUMETRY AND ACCESS TO SERVICES AND SOLUTIONS TheQuotation specifies the number of accesses authorized to the Customer and itsUsers as well as the list of Services subscribed by the Customer. The priceagreed in the Quotation depends on the number of User accesses and the Serviceschosen by the Customer.
The Contract may only be modified by mutual agreementbetween Datamensio and the Client.
In the event that the customer wishes to modify the numberof accesses or add Services, he must subscribe to a new subscription byrequesting a new Quote.
The Quotation will specify the additional cost resultingfrom the addition of a new access or a new Service.
In the event of an agreement between Datamensio and theClient, the Contract will be modified under the financial conditions agreed inthe Quotation, which will be invoiced until the end of the Contract.
Unless expressly agreed in writing by Datamensio, anyrequest for deletion of access or Services by the Customer will not give riseto any price reduction.
10 EFFECT, DURATION AND RENEWALS, TERMINATION 10.1 EFFECTIVEDATE OF THE CONTRACT The effective date of the Contract is that of receipt byDatamensio of the acceptance of the Quotation by the Customer.
By express agreement between Datamensio and the Client,Datamensio benefits from a reflection period. The Contract will only enter intoforce and take effect after a period of FIFTEEN (15) days from the acceptanceof the Quotation by the Customer.
In the absence of termination of the Contract, sent by anymeans by Datamensio to the Customer within FIFTEEN (15) days, the Contractshall enter into force definitively.
In the event of withdrawal by Datamensio during thecooling-off period, the Contract will lapse and Datamensio and the Customerwill be released from any commitment to each other, without compensation oneither side, with the exception of the obligation of confidentiality of theinformation and documents exchanged between them which will remainindefinitely.
Any sum of money paid by the Client to Datamensio will bereturned to it, without delay and without deduction of any kind.
10.2 DURATION OF COMMITMENT AND RENEWAL Except for specialconditions stipulated in the Quotation, the Contract is concluded for a periodof ONE (1) year.
The Parties agree that the Contract will then be renewed,under the same terms, by tacit agreement for successive periods of twelve (12)months, unless terminated by one of the Parties sent to the other by registeredletter with request for advice of receipt or any extrajudicial act at least one(1) month before the end of the current contractual period.
Upon termination of the Contract for any reason whatsoever,the Client’s access will be closed so that the Client and the Users will nolonger have access to the Datamensio Platform, Solutions and Services.
11 FINANCIAL CONDITIONS AND TERMS OF PAYMENT 11.1 FINANCIALCONDITIONS
The prices and terms of payment are indicated in theQuotation.
The price is in euros, excluding tax and excludingadditional costs where applicable.
The address of invoicing is the address of the Customer’shead office.
Datamensio reserves the right to change its prices each yearon the anniversary date of the Contract. To do this, Datamensio will send, byany means, the new price(s) to the Client(s), during the year, at least two (2)months before the anniversary date of the contract. The Customer will then havea period of ONE (1) month to make known his intention not to renew the Contracton expiry. Failing this, the Contract will be tacitly renewed under the newpricing conditions.
The following services are excluded from the Contract andgive rise to separate invoicing: i. Specific technical assistance services suchas data migration or deployment in specific environments or reversibility; ii.And more generally all services not included in the offer subscribed to by theUser Client as expressly described in the Quotation. 11.2 PAYMENT TERMS Accessto the Platform, Solutions and Services is billed annually by default.
Except for special conditions specified in the Quotation,invoices are payable term in arrears, within 30 days of receipt, by banktransfer or bank card on the online electronic payment terminals of Datamensioservices.
11.3 SUBSCRIPTION RATES AND PRICES OF SERVICES The prices ofthe Services to which the Customer has subscribed are specified in theQuotation.
The elements of variability of the price specified in theQuotation are in particular: i. The more or less extended access to a more orless large number of functionalities and Services defined in the Quotation; ii.Access to different volume capacities for each Service and Solution; iii. Thenumber of account administrator type accesses (Users with modification andwriting rights in the customer account); iv. The number of non-administratortype accesses with or without write and modification rights; v. The frequencyof intervention by a Datamensio trainer (Customer Success manager); vi. Thefrequency of intervention of support by a Customer Success manager; vii. Thefrequency of intervention of technical support.
11.4 DEFAULT OR LATE PAYMENT Without prejudice to anydamages that Datamensio would be entitled to claim, failure by the Customer topay an invoice on its due date automatically entails the following effects thatDatamensio reserves the discretionary right to apply:
i. Late payment interest equal to 10 times the legalinterest rate in force, without prior notice and from the first day of delay;ii. A fixed compensation of 40 (forty) euros for recovery costs, withoutprejudice to additional sums in the event that the recovery costs exceed theamount of the fixed compensation; iii. Additional bank and management fees(monitoring of collection, follow-up letters and telephone charges,representation of bank direct debit rejections); iv. The immediate suspensionof all access to the Services and Solutions; v. The automatic termination ofthe Contract within FIFTEEN (15) days after Datamensio sends a formal notice byemail or any written means.
12 PROPERTY 12.1 INTELLECTUAL PROPERTY OF DATAMENSIO TheSolutions, Repositories, Services, Website and Software that Datamensio hasdeveloped are original within the meaning of the French Intellectual PropertyCode.
Datamensio holds all intellectual property rights relatingthereto. These are not likely to infringe the rights of third parties.
Datamensio is and remains the sole owner of the propertyrights relating to any element of the Application Services, Software, Websiteand Solutions made available to the Client and Users, as well as more generallyto the IT infrastructure (software and hardware) work where applicable ordeveloped by Datamensio.
These General Terms and Conditions or any Contract enteredinto with the Client do not confer any right of ownership on the Platform, theSoftware, Services and Solutions developed by Datamensio.
The temporary availability, for the duration of thesubscription, of the Solutions and Services under the conditions provided forin the Contract cannot be analyzed as the transfer of any intellectual propertyright for the benefit of the Customer, the user, his associates,representatives, collaborators, partners, affiliated representatives or its ownclients, within the meaning of the French Intellectual Property Code.
If the Client, its users, associates, representatives,collaborators, partners, affiliates or its own clients contravene any of theprovisions protecting the ownership of content produced and/or made availableby Datamensio, the Client UtiThe user is liable to prosecution as well as tothe termination of his Subscription without notice or prior formal notice.
The Customer is prohibited from reproducing all or part ofthe Software, the Application Services, the Solutions or the Website or anydocumentation relating to them, by any means whatsoever, in any form whatsoeverand on any medium whatsoever.
Under no circumstances may the Client assign all or part ofthe rights and obligations resulting from these General Conditions, theQuotation, the Contract or the opening of an Account on the Datamensioplatform, whether in the context of an assignment temporary contract, asub-license and any other contract providing for the transfer of said rightsand obligations.
12.2 RESPECT OF THE INTELLECTUAL PROPERTY OF CONTENT 12.2.1content published by Datamensio, Users and Customers The Datamensio platform,Website, Services, Solutions and software may contain texts and images that arenecessary for the operation of certain features by Users and Customers.
Any exploitation by the Client or the Users of this contentand any use outside the Datamensio platform and/or for purposes unrelated tothe Contract without the prior and express consent of Datamensio is strictlyprohibited.
The user may not store on his computer or on any computermedium any text or image content from Datamensio and of which he is not theauthor himself and of which he does not hold the intellectual property rights.
Clients and Users are permitted to publish on the DatamensioPlatform: i. Comments ; ii. Texts ; iii. Photos and pictures; iv. References.
The Client and the Users undertake to make statementsrespectful of others and of the law and accept that these publications bemoderated or refused by Datamensio without obligation to justify.
Only the text and image content provided by Clients andUsers in the Datamensio Platform in the input spaces provided for this purposeare the property of the Client User.
The Customer remains the owner of all the Data that heenters, or that these Users enter, via the Application Services in the contextof normal use of the Services and Solutions of the Datamensio Platform.
The Client and the Users declare that they hold all thepublication and exploitation rights for the content they publish on theDatamensio Platform.
This is particularly the case of the Repositories and Datathat the Client or the Users have published via the Services and Solutions ofthe Datamensio Platform and made available to the public having access to thePlatform.
In all cases, it is up to the Customer and the Users toensure that the chain of intellectual property rights is respected, and thatthey validly and effectively hold the rights to use and publish the contentthey publish. on the Datamensio Platform before proceeding with anypublication.
As such, the Customer acknowledges being fully responsiblefor it and stands strong in its commitment to its Users and fully guaranteesDatamensio in this respect.
Datamensio can in no way be held responsible for the illicitor unauthorized publication of content made by the Client and the Users, itsassociates, collaborators or partners and affiliates or its clients to whom theClient has granted access rights to them. to publish content.
The Client acknowledges his full responsibility forrespecting the copyright and intellectual property rights of the content hepublishes on the Datamensio Platform. 12.2.2 Protection of Repositories TheRepositories are part of the content published on the Datamensio platform andwhose intellectual property is likely to be protected.
The Client and Users may use the Repositories published byDatamensio but also the Repositories published by other Clients and Users onthe Platform, and in particular via the Services of Datamensio Marketplace.
The use of the Repositories is strictly subject to the rightto intellectual property and to the Contract.
Clients and Users have no authorization to use the contentand Repositories created by Datamensio by other Repository publishers outsidethe Datamensio Platform and for purposes unrelated to the Contract.
The Client and the Users, nor any of their representatives,associates, affiliates or partners have the right to hold all or part of theRepositories on their own computers or terminals, nor to transmit them to thirdparties or to use them for purposes unrelated to the Contract. 12.2.3Definition of a repository On the platform Datamensio, the Repositories make itpossible to analyze the maturity of an organization or a company on a givensubject. A Framework can be made up of an unlimited number of questions.
Users will thus be able to use the diagnoses established bythe questionnaires contained in the repositories to assess a maturity score inone theme or another.
The example below is taken from the company’s digitalmaturity analysis repository published by Datamensio SAS. i. The Datamensio DMARepository includes several themes. ii. Each theme is then organized intosubjects, each of which includes several questions. iii. Each question allowsyou to analyze a strategic point. iv. Each question offers several responselevels corresponding to increasingly higher levels of maturity. v. For eachpossible answer, the Datamensio DMA Repository offers one or more action leversallowing the Customer to move to the next level of Digital Maturity
Example below:
Theme: Data Subject: Cyber Security
Question: For the cybersecurity of employees’ digitalequipment: what level of security is in place?
Maturity Level 1 Response We do not know the level ofsecurity in place for terminals and devices in our company. No specific policyhas been determined.
Action 1: improvement path Establish within your teams theuse of passwords with a minimum of characters in order to protect access to theequipment by unauthorized third parties
Maturity Level 2 Response We have established and enforced aset of systematic rules regarding the use and enforcement of passwords,antivirus protections, protection against ransomware and malware.
Action 2: improvement path Switch to the use of encryptionof your data on sensitive information, call on an expert service provider tosupport you in the protection of your digital assets and your connectedproduction tools. 12.2.4 Protection of Client User Repositories Datamensioallows its User Clients to publish and use their own Repositories and to becomea Repository publisher.
To be able to become a Repository publisher, the Client mustaccept the General Conditions applicable to Repository publishers whichdetermine the rules relating to intellectual property rights concerning itsRepositories as well as the rights and obligations of the Repository publisherand of Datamensio.
12.3 TRADEMARKS AND TRADENAMES Datamensio owns the followingbrands:
Datamensio and its logo constitute a French figurativetrademark n°4861329 filed on April 13, 2022 in classes 9, 35, 36 and 42;
“Datamensio” French word mark n° 4862005 filed on April 15, 2022 in classes9,35,25, 41 and 42.
Any use of these trademarks without the prior consent of Datamensio is strictlyprohibited.
13 SERVICES AND APPLICATION SOLUTIONS Datamensio providesthe Client with the Solutions and Services accessible on its server via theInternet.
Under the conditions of article 14 “Licence”, Datamensiogrants the Client and its Users the right to use the Solutions on anon-exclusive basis.
Datamensio provides Data hosting, maintenance and securityof the Solutions.
Datamensio backs up the Data.
The Services to which the Customer has access, their volumeand scope are described in the Quotation and/or in the customer’s onlineaccount.
The Client acknowledges having been informed that theDatamensio Offer may continually evolve according to its commercial policy.
The Customer also acknowledges being informed that a newfunctionality, access to a new Solution or a new Service requires theconclusion of a new Contract or the modification of the Contract in order toadd this new Service or this new functionality to its subscription.
On the day of drafting the General Conditions, Datamensiooffers the following Solutions: 13.1 DATAMENSIO PLATFORM 13.1.1 DatamensioPilot © Datamensio Pilot is a Web application developed by Datamensio thatoffers Users and Clients all the features needed to manage transformationprojects. 13.1.2 Datamensio Maps ©, Datamensio Maps is a Web applicationdeveloped by Datamensio and which offers Clients and Users all thefunctionalities necessary for the creation and management of libraries of auditrepositories, maturity diagnostics and business analysis. 13.1.3 DatamensioHorizon ©, Datamensio Horizon is a Web application developed by Datamensio andwhich offers Clients and Users the set of functionalities necessary forprofessional reporting objects and the dissemination of project activityreports, in particular business transformation projects. 13.1.4 DatamensioServices ©, Datamensio Maps is a Web application developed by Datamensio andwhich offers Clients and Users the set of functionalities necessary for thepublication of calls for tenders and third-party services provided by companiesoffering services on the market. 13.1.1 Datamensio Marketplace ©, DatamensioMaps is a Web application developed by Datamensio and which offers Clients andUsers the set of functionalities necessary for the publication of theRepositories that the Client or its Users have created and put online withinthe Datamensio Platform using by Datamensio Maps ©.
13.2 ADDITIONAL SERVICES: In addition to access to theSolutions described above, Datamensio provides its Customers with support,support and training services.
These services are also subject to change and regularevolution.
They may be modified or deleted at any time by Datamensio.
i. User training services by a Datamensio Customer SuccessManager, face-to-face or remotely, depending on the type of subscription towhich the User has subscribed; ii. Support service for the deployment of thePlatform within the Customer’s and User’s company depending on the type ofsubscription to which the Customer has subscribed; iii. User Support Service bytelephone or in writing depending on the type of subscription to which theCustomer has subscribed; iv. Online technical support service depending on thetype of subscription to which the Customer has subscribed; v. Training orsupport service for the creation of a Repository; vi. Migration of Data fromone User account to another or the import of external data into the DatamensioPlatform; vii. Any deployment of Datamensio Software in a specific technicalenvironment or servers (“On Premise”) to the Customer or its Users; viii. Theintegration and interconnection of the Datamensio Platform with third-partysoftware. 13.2.1 Training Unless otherwise stipulated in the Quotation,training services are not included in the standard conditions of Service andmay be provided by Datamensio, to Clients and Users, for a fee.
However, self-training text and video content may be madeavailable to Customers and Users and can be consulted directly on the SAASDatamensio Platform and the Website.
At the Customer’s request, Datamensio may at any time offertraining hours which are described and dimensioned explicitly in the Quotation.
The training schedule is set by mutual agreement with theClient.
At the Customer’s request, Datamensio can also provideconditions for additional training services during the Contract which will giverise to the establishment of a new Quotation.
13.3 ADDITIONAL SERVICES 13.3.1 Service Datamensioundertakes to deploy the appropriate human and material resources to ensure thecontinuity, permanence and quality of access to the Platform, the Website, theSolutions and the Services and is therefore bound by an obligation to AVERAGE.
Datamensio is solely responsible for the corrective andevolutionary maintenance of the Platform, the Website, the Solutions and theServices. Datamensio will endeavor to maintain access 24 hours a day, every dayof the year, barring disruption beyond its control.
Datamensio will make its best efforts to carry outcorrective maintenance interventions in such a way as to hinder access toCustomers and Users as little as possible. However, Datamensio reserves theright to exceptionally and briefly suspend accessibility to the Platform, theWebsite, the Solutions and the Services for possible maintenance or improvementinterventions, in order to ensure their proper functioning and to undertakes,as far as possible, to inform the Customer beforehand as soon as possible.
Datamensio is not responsible for the difficulties of accessor the integrity of the Client’s and Users’ account and the Data it contains inthe following cases:
i. Refusal of the Client and/or Users to collaborate withDatamensio in the resolution of anomalies and in particular to answer questionsand requests for information; ii. Use of the Services in a manner inconsistentwith their intended purpose or documentation; iii. Unauthorized or fraudulentmodification of the Solutions by the Client, the Users or by a third party; iv.Breaches of the Client and Users of their obligations under the Contract; v.Implementation of any software packages, software or operating system notcompatible with the Services and Solutions in the IT environment that of theClient and/or Users; vi. Failure of electronic communication networks; vii.Voluntary act of degradation, malevolence, sabotage; viii. Deterioration due toa case of force majeure or improper use of the Services and Solutions; ix.Negligence of the Customer and Users regarding their computer security (absenceor obsolescence of antivirus protection, antimalware protection, poor passwordpolicy, material and/or behavioral negligence relating to the security andintegrity of access and data, etc.) x. Absence or failure of updates to theoperating systems and software installed on the computers and terminals of theCustomer and/or Users. 13.3.2 Accommodation Datamensio ensures, under the termsof an obligation of means, the hosting of the Platform and the Website, as wellas the Data produced and/or entered by/on the Platform, on its servers orthrough a service provider. professional hosting, and on servers located in a territoryof the European Union.
14 LICENSE Datamensio grants the Client and Users who havesubscribed to a Contract a personal, non-exclusive, non-assignable andnon-transferable right to use the Solutions, Services and Software developed byDatamensio, for the entire duration of the Contract and without geographicallimitation.
The Customer and the Users may only use the Services and theSolutions in accordance with their needs and in compliance with these GeneralConditions and the Agreement.
In particular, the license is granted for the sole andexclusive purpose of allowing the Client and Users to use the Services andSolutions of the Datamensio Platform, to the exclusion of any other purpose.
The right of use means the right to represent and implementthe Services and Solutions in accordance with their intended purpose, in SaaSmode via a connection to an electronic communications network.
The Client and the Users may under no circumstances make theSolutions and Services available to a third party outside the use provided forin these General Conditions and in particular make access to their paidaccount.
The Client and the Users strictly prohibit any other use ofthe Datamensio Platform and the Website apart from the use provided for bythese General Conditions and the Contract, in particular any adaptation,modification, translation, arrangement, distribution, decompilation , withoutthis list being exhaustive.
The Client and the Users are prohibited from reproducing anyelement of the Software, Website, Solutions, Repositories and Services or anydocumentation concerning them, by any means whatsoever, in any form whatsoeverand on any medium whatsoever.
The Customer may not assign all or part of the rights andobligations resulting from the Contract, whether in the context of a temporaryassignment, a sub-license or any other contract providing for the transfer ofsaid rights and obligations.
Ultimately and without this list being exhaustive andsubject to express written authorization from Datamensio, it is strictlyforbidden for Customers and Users to:
• Rent, sell, distribute, assign, transfer, license,sub-license access to the Services, Solutions and Repositories to thirdparties, including technical service providers; • Publish all or part of theRepositories on a medium other than the Platform; • Make the Data available tothird parties, including those who are their business partners; • Transfer allof the Website, Platform or Solutions to or on one or more databases or otherserver; • To intervene on the Platform and the Software in any capacity whatsoever,including to correct errors; • Transfer, use or modify all or part of theWebsite, Platform, Services, Repositories and Solutions with the aim ofcreating a competing offer with that of Datamensio and more generally ofhandling and/or using the Services, Solutions, Repositories, Data and moregenerally the Platform in a way that could directly or indirectly compete withDatamensio.
Datamensio reserves the right to verify by any means thatthese prohibitions are respected by the Client and the Users.
15 DATA PROCESSING 15.1 PROCESSING OF PERSONAL DATA Theprovisions of this article apply to the Personal Data of the Customer and Usersto the exclusion of any other Data, of the Customer and Users, which are notPersonal Data.
In accordance with law n ° 78-17 of January 6, 1978,relating to data processing, files and freedoms (known as the “Data Processingand Freedoms” law) and to the European data protection regulation (EUregulation 2016/679 of the European Parliament and of the Council of April 27,2016 – GDPR), the Customer and the Users are informed that any personalinformation that they may be required to communicate is intended to Datamensioresponsible for processing, for administrative and commercial management purposes.
Datamensio may use any information that the Client or Usershave communicated to it in the context of the execution of these GeneralConditions and the Contract, to verify identity, collect payment, monitor fraudand deal with any matter before, during and after the contract period.
Datamensio collects, processes and sub-contracts PersonalData in order to deliver or promote its Services, its Solutions and itsWebsite.
Personal Data is stored by Datamensio on its own computerserver, which undertakes to guarantee at all times the security,confidentiality and integrity of Personal Data, to which only authorizedpersons may have access.
Access to Personal Data is strictly limited to employees andagents of Datamensio, authorized to process them by reason of their functions.The information collected may possibly be communicated to third parties boundto Datamensio by contract for the performance of subcontracted tasks necessaryfor the management of the Contract, without the Customer’s authorization beingnecessary. It is specified that, in the context of the performance of theirservices, third parties have only limited access to Personal Data and have acontractual obligation to use them in accordance with the provisions of theapplicable legislation in terms of data protection. personal data.
Apart from the cases set out above, Datamensio undertakesnot to sell, rent, assign or give access to third parties to Personal Datawithout the prior consent of the Client and Users, unless forced to do so dueto a legitimate reason (legal obligation, fight against fraud or abuse,exercise of the rights of defence, etc.).
Personal Data will be kept by Datamensio for the duration ofthe Contract as well as for a period of five (5) years from the end of theContract.
In accordance with the Data Protection Act, the Customer andUsers have the right to access, rectify and delete their Personal Data and theportability of their Personal Data. The latter can exercise this right bysending a request by simple letter to the registered office of Datamensio. TheCustomer may also request the limitation of the processing of his data oroppose this processing. To exercise these rights, the Customer may contact thedata controller by mail at the following address: contact@datamensio.com.
The Client and the Users are entitled to define theirdirectives relating to the fate of their Personal Data in the event of death.In the event of non-respect of their rights, the Customer and my Users maylodge a complaint with the CNIL.
15.2 DATA USE The Client assumes any editorialresponsibility for the use of the Application Services and Repositories byitself and its Users.
The Client is solely responsible for the quality, legalityand relevance of the Data and content that it and its Users transmit for thepurpose of using the Services, Solutions, and Repositories developed byDatamensio and accessible on the Datamensio Platform. He also guarantees thathe holds the intellectual property rights allowing him to use the Data.Consequently Datamensio disclaims all liability in the event of non-complianceof the Data and/or content with laws and regulations, public order or the needsof the Customer.
The Customer guarantees Datamensio against any prejudiceresulting from its being called into question by a third party for a breach ofthis guarantee.
More generally, the Customer is solely responsible for thecontent and messages distributed and/or downloaded via the Application Servicesand the Repositories.
Each of the Parties undertake to implement the appropriatetechnical means to ensure the security of the Data.
Subject to the “Liability” Article, Datamensio undertakes topreserve the integrity and confidentiality of the Data. Datamensio willimplement technical and organizational measures to prevent any fraudulentaccess or use of the Data and to prevent any loss, alteration and destructionof the Data.
However, Datamensio cannot be held responsible for theaccidental destruction of the Data by the Client, the Users or a third partyhaving accessed the Platform, in particular by means of the Identifiers givento the Client.
The Customer acknowledges that he is informed que the Datathat he or the Users have entered, as well as his statistical data of use suchas the frequency of use, the methods of connection to the Platform, the methodsof use, the types of content and their organization, and all general use of theDatamensio Platform will be operated by Datamensio in an anonymized manner: i.With the aim of improving services ii. In general, with the aim of creatingstatistics that would make it possible to improve
For example, Datamensio may use anonymized data relating tothe scores obtained in the use of its repositories in order to produce generalstatistics.
These general statistics may be offered in dashboards onuser interfaces and improve the services offered by Datamensio.
The Client acknowledges Datamensio’s full and complete rightto create statistics of all kinds based on the use and data that it has enteredinto the Datamensio Platform and to use them.
Datamensio guarantees to the Client(s) User(s) theanonymization of the data in the context of this use for statistical purposes.
16 COOKIES The Website, Application Services, Solutions andSoftware may automatically collect standard information.
All information collected indirectly will only be used tomonitor the volume, type and configuration of traffic using this site, todevelop its design and layout and for other administrative and planningpurposes and more generally to service improvement.
Regarding the Platform with paid access, all statisticaldata is collected anonymously for statistical purposes and to improve services.
17 RESPONSIBILITIES - FORCE MAJEURE Each of the Partiesassumes responsibility for the consequences resulting from its faults, errorsor omissions, as well as from the faults, errors or omissions of its possiblesubcontractors and causing direct damage to the other Party.
17.1 DATAMENSIO’S LIABILITY AND WARRANTY 17.1.1 Directdamage: Datamensio is only bound by an obligation of means in the performanceof its obligations.
Datamensio can only be held liable in the event of seriousmisconduct or proven negligence in the performance of its obligations. In thiscase, Datamensio will only be liable for the repair of direct and foreseeabledamages resulting from the execution of the Contract.
Datamensio shall in no event be liable for consequentialdamages suffered by the Client and the Users for any reason whatsoever.
Datamensio may offer, if it wishes, a refund of thesubscription share corresponding to the time of unavailability of the Platform,for example.
In any case, Datamensio may not under any circumstancesincur liability for indirect or unforeseeable losses or damages of the Customeror third parties, which includes in particular any lost profit, loss,inaccuracy or corruption of files or Data, commercial prejudice, loss ofturnover or profit, loss of goodwill, loss of opportunity, cost of obtaining asubstitute product, service or technology, in connection with or arising fromthe non-performance or faulty performance of the services.
17.1.2 Ceiling for direct damages:
It is expressly agreed that Datamensio’s liability isstrictly limited by mutual agreement to the amount, excluding tax, of theturnover made with the Client and collected by Datamensio during the lastclosed fiscal year of Datamensio preceding the occurrence of the damage or, ifthe duration of the commercial relationship between Datamensio and the Customerhas a shorter duration, at the value of the price excluding tax of one year’ssubscription, as stipulated in the Quotation corresponding to the Contract, onthe occasion of which the non-performance was observed.
17.1.3 Warranty Exclusions: By express agreement between theparties, Datamensio is under no obligation to advise on the Services andSolutions provided. The Customer is solely responsible for determining whetherto use the Platform, Services, Solutions, Software and Repositories. By theirnature, Datamensio cannot guarantee their adaptation to the specific needs ofall its Customers and Users. In doing so, the Platform, Services, Solutions,Software and Repositories are provided “as is”. No adaptation to the specificrequirements of the Customer may be requested or executed without a priorQuotation. Datamensio does not guarantee in any way the compatibility of theuse and the functionalities of the Platform, the Solution and the Services withthe equipment, the needs and professional obligations of the Client, whetherthey bent of a technical, technological, contractual or regulatory naturebetween the Customer and its partners or own customers. The latter declares tohave ensured, before the conclusion of the Contract, the adequacy of theServices provided to his needs. Datamensio does not guarantee continuousoperation of the Platform, Website, Solutions, Repositories and Services, northat the latter are error-free.
Datamensio does not guarantee that the information containedin the Platform, the Website, the Solutions and the Services is error-free anddoes not guarantee, among other things, neither the relevance, nor thecompleteness, nor the accuracy of the information, nor updating and updatingthe References.
Consequently, the Client acknowledges that he uses theWebsite, the Platform, the Solutions Services and Repositories at his own riskand that he will carry out a verification under his own responsibility.
Datamensio cannot be held liable in the event of abnormaluse of the Platform, Services and Solutions, handling error or intervention bya third party not authorized by Datamensio. Finally, Datamensio’s liability isexcluded in the event of malfunction or interruption of access to the Website,the Platform as well as the Solutions and Services originating from eventsaffecting the communication networks and, more generally, any event beyond thecontrol of Datamensio and beyond its control.
17.2 RESPONSIBILITY OF THE CUSTOMER AND USERS
The Client guarantees Datamensio strict compliance with thelegal, regulatory and contractual requirements incumbent upon it. The Clientindemnifies Datamensio against any damage, prejudice or loss of any naturewhatsoever, resulting from non-compliance with any of the obligations imposedon it and those of the Users for which it is liable, under the terms of theGeneral Conditions. and the Contract.
The Client warrants to Datamensio that it has all therequired authorizations allowing it to extract, use, exploit and publish Dataand that it will only use the Platform, the Solutions, the Services and theWebsite strictly compliance with standards, prescriptions, constraints andauthorizations.
As a result of all of the foregoing, the Customer guaranteesDatamensio against all claims, actions and condemnations whatsoever, emanatingfrom third parties, to which the use by him and those of his Users, of all orpart of the Website, the Platform, Solutions, Services, Software, Repositoriesand Data could give rise to and will indemnify it for any prejudice sufferedand for all costs necessary for its defence.
17.3 FORCE MAJEURE Datamensio can in no way be heldresponsible for any damage in the event of damage caused by an interruption orreduction in service of the telecommunications operator, the electricitysupplier or in the event of force majeure.
None of the Parties may be held liable for any breachwhatsoever of its obligations under the Contract, if such a breach results froma case of force majeure recognized by case law, such as for example: agovernment decision , including any withdrawal or suspension of authorizationswhatsoever, a total or partial strike, internal or external to the company, afire, a natural disaster, a state of war a total or partial interruption orblockage of telecommunications or electrical networks, an act of computer hackingor more generally any other force majeure event with the characteristicsdefined by case law.
The Party noting the event must immediately inform the otherparty of its impossibility to perform its service. The suspension of theobligations or the delay can in no case be a cause of liability fornon-performance of the obligation in question, nor induce the payment ofdamages or penalties for delay.
18 INSURANCE Datamensio has taken out the necessaryinsurance to cover the risks related to the exercise of its activity.
19 NON-PERFORMANCES AND TERMINATION In the event ofnon-performance by the Client or its Users of any of their obligations,Datamensio reserves the right to suspend the performance of the Contract andaccess to the Platform without notice, without this suspension giving rise toindemnity.
Throughout the duration of the suspension and by expressagreement between the Parties, the Customer remains liable for the price of theContract, even if the invoiced period corresponds to a period when the Serviceshave been wholly or partly suspended.
In the event of non-performance by either Party of any ofthe obligations stipulated in these Terms General ions, the Contract may beterminated automatically thirty (30) days after the sending of a formal noticewhich has remained unsuccessful, sent by registered mail with acknowledgment ofreceipt.
Subject to situations of force majeure Datamensio mayterminate the Contract, in the following cases: • Failure to pay the priceunder the conditions referred to in Article 11 of the General Conditions; •Publication of Data and content that is offensive, illegal, contrary to publicorder and/or in violation of the rights of third parties, includingintellectual property; • Use, transfer, exploitation, publication,distribution, reproduction in whole or in part of the Solutions, Services,Software, Repositories, Platform in violation of these General Conditions; •Violation of one of the obligations and/or prohibitions enacted in articles 9,12, 14 and 15 of the General Conditions. Subject to malfunction anddeterioration beyond the control of Datamensio and beyond its control and moregenerally force majeure, the Customer may terminate the Contract, in thefollowing cases: • Lack of deployment of the means necessary to ensure thepermanence, continuity and quality of the Software Package in accordance with therules of the art under the conditions and limits of article 21 of the GeneralConditions;
In the event of termination by Datamensio due to the defaultof the Client or the Users, the client will be liable for the price of thesubscription remaining to run until the end of its Contract. In the event oftermination by the Customer due to Datamensio’s default, the Customer may onlyobtain reimbursement of any sums paid in advance for the period after thealleged non-performance, to the exclusion of any other compensation.
The services exchanged between the Parties from theconclusion of the Contract until its termination having found their usefulnessas and when the reciprocal performance of these, they will not give rise torestitution for the period prior to the last service. not having received itscounterpart.
In any event, the aggrieved Party may seek the awarding ofdamages and interest.
20 REVERSIBILITY In the event of termination of the Contractfor any reason whatsoever, Datamensio may, for a fee and at the express requestof the Customer, return to the Customer all the Data belonging to it in astandard format that can be read without difficulty in an equivalentenvironment.
Any request for reversibility will be the subject of anestimate.
The Client will actively collaborate with the ServiceProvider to facilitate the recovery of the Data.
At the Customer’s request, Datamensio or one of itsaffiliates may provide additional technical assistance services to the Customerand/or to the third party designated by him, in the context of reversibility.
These assistance services will be invoiced at Datamensio’srate, in force at the time of notification of reversibility.
The Customer may also request the destruction of his data,which will be carried out free of charge. In all cases, Datamensio may keep thestatistical results from the use of the Datamensio platform by the Client, theclient’s employees and the client’s partners.
These provisions are not applicable to the portability ofPersonal Data subject to Article 15.1 of the General Conditions.
21 MISCELLANEOUS The nullity of any of the obligationsresulting from the Contract and the General Conditions, for any reasonwhatsoever, shall not affect the validity of the other obligations and theParties undertake to negotiate replacement provisions in good faith. For theexecution of these presents as well as their consequences, the Partiesrespectively elect domicile at their registered offices indicated at thebeginning of these presents. Any change to the registered office or address ofone of the Parties will only be enforceable against the other Party eightcalendar days after having been duly notified to it. The headings in the Termsand Conditions are included for convenience only. By express agreement betweenthe Parties, these titles may not under any circumstances be used to interpretany provision whatsoever. The fact for a Party not to claim the application ofany provision of the General Conditions or of the Contract or to tolerate itsnon-performance on a temporary or permanent basis, may in no case beinterpreted as a waiver by this Party. to exercise its rights under the GeneralConditions and the Contract. The fact for a Party to tolerate non-performanceor imperfect performance of the Contract or more generally to tolerate any act,abstention or omission of the other Party not in accordance with the provisionsof the Contract cannot confer any right whatsoever on the Party who benefitsfrom such tolerance. The General Conditions are written in French, the onlyauthentic language in the event of a dispute.
22 APPLICABLE LAW, DISPUTE
The Contract will be interpreted, executed and governed byFrench law. In the event of a dispute relating to the validity, interpretation,execution or non-execution, interruption or termination of the Contract and theGeneral Conditions, the Parties undertake before any legal action to seek anamicable solution. This amicable settlement procedure is a mandatoryprerequisite for the introduction of legal action between the Parties. Anylegal action brought in violation of this clause will be declared irregular andinadmissible. In the event of failure of the amicable settlement within THIRTY(30) days following the start of the discussions as formally notified inwriting by the most diligent Party, the dispute would then be subject to thejurisdiction designated below.
IF THE CUSTOMER IS A MERCHANT, ANY DISPUTE RELATING TO THEFORMATION, VALIDITY, INTERPRETATION, EXECUTION, AND/OR TERMINATION OF THEGENERAL TERMS AND CONDITIONS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OFTHE COURTS OF PARIS, INCLUDING REGARDING REFERENCE PROCEDURES.
