1. Purpose

1.1. Platform Information

The Platform accessible at app.fransys.cloud is operated by Peak Studio, a simplified joint stock company registered in the Paris Trade Register under number 897 727 129, whose registered office is located at 40 rue Alexandre Dumas, 75011 Paris, France (hereinafter "Fransys Cloud" or "we").

1.2. Platform Services

Fransys Cloud provides professional developers and corporate entities with a hosting services platform (hereinafter "the Platform") that allows them to easily deploy and operate their applications, based on deployment software and additional components (databases, search engines, file systems, …) automatically configured, optimized and updated. The Platform allows its users to focus on the development and execution of their products and services without having to manage the hosting infrastructure and its optimization.

The Platform includes products developed and marketed by Fransys Cloud, as well as products developed and published by third parties, offered and marketed on their own terms through Fransys Cloud.

For purposes of interpretation hereof, an "Application" shall mean any software deposited on the Platform whose source code is hosted and executed on Fransys Cloud's servers.

1.3. Terms of Use

The Terms of use of the Platform are constituted by the present General Terms and Conditions, in specific cases by Special Terms and Conditions, as well as by any document of a contractual nature to which reference is made by hypertext, such as our Privacy Policy, our Data Processing Agreement, our Acceptable Use Policy. (hereinafter, together, "the Terms").

1.4. User Agreement

The Terms are intended to govern the relationship between Fransys Cloud and each user of the Platform (hereinafter, without distinction, "Customer", "User", or "you"). By logging into the Platform and requesting to create a user account, you agree to be bound to us by the Terms from the moment you confirm the creation of your account by clicking the link received on the email address you provided, and until the termination of the contract thus made between you and us ("the Contract"). The Contract may also be entered into by signing a purchase order to which these Terms are attached, in which case it shall take effect on the date of execution of the oldest purchase order in effect.

2. Licenses for use

2.1. Platform License

Subject to and in consideration of your full compliance with the Terms, Fransys Cloud grants to you for the entire term of the Contract and throughout the world the non-exclusive, personal, non-sublicensable right to use the Platform for the purpose of testing and deploying your applications on the Platform, and to provide access to third parties (your customers) to the applications you choose to deploy.

2.2. Source Code Restrictions

Unless otherwise stated and with the exception of software distributed under specific licenses (e.g. open source code under a free license), the source code of the Platform is the sole property of Fransys Cloud and you have no right to modify, distribute, copy, adapt, reverse engineer, decompile or otherwise attempt to extract it. If reverse engineering is required to enable interoperability of the Platform with another platform, it will only be permitted to the extent that Fransys Cloud has not responded within a reasonable time to an express request for APIs, in which you have told us what data you wish to access and the input format accepted by the third party platform's APIs.

2.3. Your Data Rights

You retain all intellectual property rights attached to the data you own and upload to the Platform. For the strict purposes of operating the Platform and performing these Terms, however, you grant to Fransys Cloud, on a worldwide basis and for the duration of the Contract, the non-exclusive, transferable and sub-licensable right to reproduce, adapt, modify, publish, make available to the public, or otherwise use any data and applications that you post on the Platform. To the fullest extent permitted by law, Fransys Cloud will not provide third parties with access to any such data and applications, except for those you have chosen to share with third parties in your Use of the Platform.

2.4. Marketing Rights

By registering on the Platform and deploying an Application, you grant Fransys Cloud the irrevocable right to use your trademarks, logos, names, and other distinctive signs throughout the world and on all physical or immaterial media for the purpose of advertising your use of Fransys Cloud's services, in particular on its website, its commercial presentations and its communication media. This authorization is valid for the entire duration of the Contract and for 2 (two) years following the termination of the Contract.

3. Your obligations and prohibitions

You must use the Platform in an appropriate and reasonable manner and in accordance with applicable law and the Terms, including the Acceptable Use Policy, which you must consult regularly. In particular, you are reminded that any use of the Platform to infringe the rights of third parties, to make available content aimed at committing or inciting crimes or offenses, inciting racial hatred or suicide, advocating crimes against humanity, inciting or advocating acts of terrorism, or disseminating or collecting content containing elements of child pornography is prohibited.

You are solely responsible for your use of the Platform and the use made by you or third parties of your applications, and must take all necessary precautions and measures to avoid use contrary to the Terms. Fransys Cloud is under no obligation to monitor, and Fransys Cloud's failure to notify Customer of any activity that violates the Terms shall in no way constitute an acceptance of such activity.

You must provide third parties with easily accessible and readable information allowing them to contact you in order to report any illegal content available through your application.

You must comply with the terms of use of the third party services made available to you on the Platform.

You must ensure that you do not allow third parties to access your user account on the Platform. It is your responsibility to keep your credentials strictly confidential and you must inform Fransys Cloud if you suspect that a third party has gained or may gain access to your data, for example if you believe that your password has been disclosed.

You must inform Fransys Cloud as soon as possible of any anomalies and malfunctions encountered in your use of the Platform (including availability, stability, billing, …), and assist in their resolution if necessary.

You must provide us with truthful and up-to-date contact information.

4. Maintenance and Support

Fransys Cloud provides remote technical assistance ("Support") relating to your use of the Platform by email integrated into the Platform or, subject to subscription to a service option giving you access to it, by telephone at the times indicated on the Platform website. Only the holder of the account opened on the Platform or a person explicitly designated by him/her has the right to use this Support.

The price of the Support is included in the Platform's invoicing price for any specific request for advice in the use of the Platform or for any intervention to restore normal use of the Platform. Requests for specific services may be invoiced with the Customer's express Contract.

Fransys Cloud will use its best efforts to respond as quickly as possible to requests sent to Support. However, the Customer acknowledges and agrees that, except as specified in the Premium Support Policy which may be subscribed to at any time by the Customer, Fransys Cloud does not provide any guarantee as to the response time and handling of reported incidents.

A "Critical Incident" is an incident that completely prevents the use of the Platform. A "Major Incident" is deemed to be an incident that substantially degrades or restricts the performance and/or one or more major functionalities of the Platform.

Customer acknowledges and agrees that in order to correct, prevent or terminate an incident, Fransys Cloud may access all of Customer's data and applications and make any changes, deactivations or deletions deemed necessary to resolve the incident. Fransys Cloud may also perform any updates to the Platform and software on which the proper performance of Customer's application depends.

Customer acknowledges that the Platform is provided to Customer as is, and that it is impossible for Fransys Cloud to guarantee the absence of any anomalies or to promise to correct all anomalies, errors, incidents or other problems that may affect the use of the Platform. Customer also acknowledges that Fransys Cloud cannot guarantee the proper functioning of the Platform on all computer systems on the market, and that it is therefore the Customer's responsibility to use a system that is compatible with the Platform and its ongoing development.

5. Availability Guarantee (SLA)

Unless otherwise specifically provided for in a specific service level guarantee option subscribed to by the Customer, Fransys Cloud guarantees an average availability rate of the Platform of 99.9% per year for the entire duration of the Contract, under the conditions set out in this title.

"Downtime" means the period during which the Platform is subject to a Critical Incident or Major Incident due to a cause attributable to Fransys Cloud (hereinafter "Downtime"). Excluded from the Unavailability Period are any interruptions in the operation of all or part of the Internet network over which Fransys Cloud has no control, as well as unavailability due to maintenance operations requested by the Customer from Support, or scheduled with at least ten (10) days' notice.

Fransys Cloud agrees to apply patches within 12 hours of the release of patches to zero-day security vulnerabilities affecting the Platform, for all vulnerabilities with a score equal to or greater than 8.5 according to the CVSS v3.1 ranking.

6. Price and payment

The use of the Platform is subject to the payment of a sum which amount depends on the subscribed services, hereafter called "Fee". Any order placed by the Customer implies acceptance of the associated Fee amounts as indicated, exclusive of taxes, in Fransys Cloud's price list accessible directly in the app.

The amount of the Fee is payable monthly in advance (in arrears) for any subscribed service. Any month started is due, however when applicable the amount of the Fee will be calculated on a pro rata basis according to the number of days remaining.

Fransys Cloud is free to revise its price list at any time. If applicable, the Customer will be informed by e-mail of the change of the Fee price at least thirty (30) days before the date of application of the new price.

7. Suspension of Services

Suspension of Services means the total or partial deactivation of the rights of access and use of the Platform's functionalities, such as but not limited to access to the console, the execution of applications and add-ons or access to the source code, documents and other data deposited on the Platform.

In case of violation of the Terms, or reasonable suspicion of violation of the Terms, Fransys Cloud reserves the right to decide to suspend the Services. The Customer will be informed of this decision by email sent to the address associated with the account in question, and will have the right to present his observations in order to have the suspension decision lifted.

8. Warranties and limitations of liability

Fransys Cloud warrants that it has the right to grant or sub-license all third party software accessible on the Platform, as of the date of the Customer's subscription to services using such software, and warrants the Customer against any recourse by third parties in this respect.

The Customer is solely responsible for its data backup policy and redundancy of its services. Apart from the cases covered by the Availability Guarantee mentioned in Article 5, Fransys Cloud does not guarantee that the Platform will operate without defect, interruption or error, and no compensation can be claimed in case of direct or indirect damage caused by a failure of the Platform.

In any event, the total amount of Fransys Cloud's pecuniary liability is limited to the amount of the Fees paid by the Customer during the twelve (12) months preceding the first event giving rise to the alleged damage(s), to the full extent permitted by law.

9. Intellectual Property and Confidentiality

With the exception of the Customer's data and to the fullest extent permitted by law, all elements constituting the Platform (including its source code, images, texts, videos, graphic appearance, logos, etc.) belong to Fransys Cloud, its licensees, or to third parties who have given permission to exploit them, and are protected by intellectual and industrial property rights.

"Fransys Cloud" is a registered trademark of Fransys Cloud SAS. Any use of the Fransys Cloud trademark or logo is prohibited, except to publicize your use of the Platform.

10. Personal data

Fransys Cloud processes personal data in connection with your use of the Platform or your visit to the Fransys Cloud website in accordance with the Fransys Cloud Privacy Policy.

You are solely responsible for processing the personal data of users of your applications and third parties whose data you choose to process through the Platform.

11. Duration

The Contract is concluded for an indefinite period.

It may be terminated at any time at the Customer's initiative from the Fransys Cloud console or by asking the Support or at Fransys Cloud's initiative by giving a two (2) months' notice by email to the Customer. Any deletion of the account at the request of the Customer from the Platform will result in the termination of the Contract.

12. Effects of termination / reversibility of data

In the event of termination of the Contract under the conditions set forth in Article 11, Fransys Cloud may permanently suspend all rights of use and access to the Platform as of the date of termination of the Contract.

In the event of termination of the Contract at the Customer's initiative, the Customer is solely responsible for making a copy of its data, such as source codes and databases, prior to the termination date of the Contract. All Customer data may be permanently deleted by Fransys Cloud at the end of the Contract.

13. Amendments and Notifications

Fransys Cloud reserves the right to change the Terms at any time without notice to you, and will notify you of such changes by any appropriate and proportionate means (such as, for example, a message posted on the Platform Console, or an email to the address you provided to us when you registered on the Platform).

In the event of a substantial change to the Terms and unless an exceptional event occurs that does not allow for such a delay, the change will not come into effect until a date at least thirty (30) days after the date of notification. You have the right to terminate the Contract without notice or compensation until such time as the new Terms come into effect.

14. Non-solicitation of Employees

Unless otherwise expressly agreed between the Parties, the Customer waives the right to hire any Fransys Cloud employee who has directly or indirectly participated in the performance of the Contract, even if the initial request is made by the employee in question. This obligation is valid for the entire duration of the Contract and for twelve (12) months following the end of the Contract.

15. Autonomy of stipulations

In the event that any provision of the Contract is held to be invalid or unwritten by a court decision that has the force of res judicata in the main proceedings, the parties agree to attempt to limit the scope of such invalidity as far as possible so that the other contractual provisions remain in force and the economic balance of the Contract is respected.

16. Applicable Law, Jurisdiction and Evidence Contract

The place of performance of the Contract is the registered office of Fransys Cloud, in Paris (France). It is governed by French law, both for the rules of form and substance. In the event of a dispute relating to the interpretation, performance or termination of the Contract, the Parties shall endeavor to reach an amicable agreement.

The Customer acknowledges that insofar as they relate to the dispute in progress, the log files and other digital documents kept by Fransys Cloud are authentic until proven otherwise to establish the reality of the actions performed by the Parties.