Allgemeine Geschäftsbedingungen

Diese Allgemeinen Geschäftsbedingungen werden auf Französisch und auf Englisch veröffentlicht. Nachstehend finden Sie die englische Fassung. Wenn Sie den Originaltext bevorzugen: die französische Fassung steht auf der Seite /fr/cgu zur Verfügung, und sie ist bei Abweichungen zwischen den Fassungen maßgeblich.

The purpose of these General Conditions (hereinafter “the General Conditions”) is to define the terms and conditions under which Datamensio, a simplified joint-stock company with capital of € 252 163,92, whose registered office is 14 passage Foubert, 75013 Paris and the unique identification number is 898680855, RCS of Paris, (hereinafter “Datamensio”) authorizes its professional customers (hereinafter “the Customer(s)”) to use the Datamensio.com website, as well as to access the Services and Solutions it publishes.

These Terms and Conditions are available in multiple languages.

The translations of these General Conditions are made from the French version. Translations are provided for informational purposes only. In the event of a conflict or discrepancy between the translated versions and the French version (for reasons of translation delays, for example), the French version will prevail in all cases.

Each time they are used, the terms defined below will have the following meanings:

“General Conditions”: refers to these general conditions of use 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 with Datamensio authorizing it to access the Services and Solutions, in the conditions and limits defined in the General Conditions and in the special conditions as stipulated in the Quotations.

“Contract”: designates the contractual whole formed of the Quotation and the General Conditions.

“Customer Success Manager”: salaried employee or service provider of Datamensio in charge of accompanying, supporting and training the Client and Users.

“Data”: means the information, publications and, in general, the data in the Customer database, provided by the Customer under his sole responsibility, to allow him to use the Solutions.

“Personal data”: means any information relating to an identified or identifiable natural person in accordance with law n ° 78-17 of January 6, 1978, relating to data processing, files and freedoms (known as the“Data Processing and Freedoms” law). ”) and the European Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 - GDPR).

“Quote”: refers to the document published by Datamensio and accepted by the Client allowing the latter, under the conditions it determines, to benefit from the Services and to access the Solutions marketed by Datamensio. The conditions negotiated and agreed between the Parties contained in the Quotation include, without this list being exhaustive: duration of the subscription, quantity of individual accesses, Financial Conditions, technical options if applicable, additional and optional services as well as the amount of their annual or monthly billing, if applicable, training services and financial conditions for individual or collective training, if applicable, a start date, special conditions if applicable.

“Software(s)”: refers to any software provided by Datamensio to the Customer and of which Datamensio is the publisher.

“Party(ies)”: means separately or jointly Datamensio and the Client.

“Datamensio Platform” or “Platform”: refers to the Datamensio platform allowing Clients and Users to access the Services and Solutions in SaaS mode.

“SaaS”: refers to the mode of remote access to the Solutions via the Internet network.

“Application Services”: refers to the services offered in SaaS mode by Datamensio, allowing the use of the Solutions by the Client and the Users.

“Service(s)”: refers to the services provided by Datamensio, whether they are Application Services or Optional Services as stipulated in the Quotation.

“Website”: refers to the Datamensio website accessible at the following address: https://www.datamensio.com/.

“Solutions”: refers to the Software, functionalities, programs, repositories, modules and content made available to the Client and Users 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 the stipulations of the Contract, under the terms of the user license contracted by the Client.

“Repository(s)”: refers to a set of structured text content in questions and answers organized and grouped according to subjects and themes.

The Datamensio Website and SaaS Platform as well as all the Solutions it includes are published and marketed by Datamensio.

In addition to the Application Services, Datamensio may offer its customers optional services such as user support and training services delivered by Datamensio and/or its Customer Success Managers. The Services are offered to the Customer on request and will be the subject of a Quote concluded between Datamensio and the Customer.

The General Conditions are freely accessible on the Website and 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 a Datamensio Quote or (iii) use of the Website implies irrevocable acceptance of the General Conditions by the Customer.

The Customer undertakes to communicate the General Conditions to its Users, of which it is responsible.

These general conditions apply, without restriction or reservation, to the Website and to all Datamensio Services and Solutions to the exclusion of any contractual document of the Client, such as general conditions of purchase.

However, the General Conditions can be negotiated. The Parties may thus derogate from certain clauses of the General Conditions by establishing special conditions materialized by the Quotation.

The purpose of these General Conditions is to define and organize the contractual relations between Datamensio and all Customers and Users of its Services, Solutions and its Website.

Their purpose is to define the terms and conditions applicable to the Services and Solutions published by Datamensio.

Thus, Datamensio consents to the Client and the Users, who accept it:

i. A right of access to the Services and Solutions hosted on the Datamensio servers under the conditions defined below; ii. A right to end use of the Solutions, under the conditions defined below; iii. A set of Services defined below, in particular data hosting, maintenance of Application Services, technical assistance and training.

The General Conditions can be consulted via a clickable HTML link at the bottom of the page of the platform and the Datamensio website.

The Contract takes effect with respect to any User from the start of use of the Site, a Service or a Solution, whether or not a financial transaction has taken place.

Datamensio SAS reserves the right to modify the clauses of these General Conditions at any time and without justification.

Any modification of the General Conditions will be presumed accepted by the Customer who, after having been notified in writing, will not have expressed his disagreement within a period of one (1) month.

All Users and Customers with internet access can access the Datamensio.com website free of charge and 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 by Datamensio, in particular during maintenance, without obligation of notice or justification.

By subscribing to the Services of Datamensio SAS, the Customer and the Users acknowledge:

i. That they are fully informed that the implementation of the Services and Solutions requires an internet connection and that the quality of the Services and Solutions depends on this connection; ii. That Datamensio is not responsible for the quality of the connection available to Users and Customers; iii. That they are fully aware of the characteristics of the Solutions and Services, and their constraints, limitations, in particular technical ones, and of the associated Services prior to signing the Contract; iv. Have read and approved these General Conditions as well as any contractual provision that may appear in the Quotation that binds the Parties.

Under the terms of the Agreement, Customers and Users may access:

i. On the Website; ii. To the web application platform accessible by subscription in SaaS mode.

The Datamensio information website can be viewed and hosted at https://www.datamensio.com.

Publisher: the Datamensio information website is produced by Datamensio SAS. Hosting: the Site is hosted by Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, United States, whose server-side processing runs in the European region of Paris. The Platform is hosted in France at OVH, with backup at Scaleway. The editor is: Michael Aim.

The domain name, as well as all the elements and content appearing on the Website, are the exclusive property of Datamensio and are protected worldwide by copyright. Their reproduction, even partial, is strictly prohibited, except with the prior and express authorization of Datamensio. Under the same conditions, their use is limited to strictly private use. All use or reproduction, even partial, of one or more elements of the Website is strictly prohibited.

Any reproduction or any other use, without the prior and express authorization of Datamensio, constitutes an infringement and is sanctioned as such under the Intellectual Property Code.

The Datamensio website has a marketing vocation and aims to inform the visitor about the Services and Solutions offered by Datamensio and to answer any questions through the contact forms.

Any visitor to the Website or Customers and Users may use the Website to:

i. Learn about the services of the Datamensio company and discover the Datamensio products; ii. Request a sales appointment or an appointment to attend an online demonstration of Datamensio’s products and software; iii. Request a Quote.

Datamensio collects via information request forms, the contact details of the visitor.

These contact details are in no way transmitted to third parties and are only used by Datamensio for the sole purpose of being able to recontact the visitor to the Website and to answer their questions.

Datamensio has developed a set of Services and Solutions for companies and professionals accessible by subscription.

This is the main activity of Datamensio SAS.

Datamensio’s Services and Solutions are paid for and reserved for registered and identified Users and Customers, under the conditions of the Contract.

Users and Customers can access Datamensio’s Solutions and Services using the login credentials provided to them when they register with Datamensio.

For the same access, for a given subscription, the prices and characteristics are set by Datamensio according to a set of subscription characteristics.

The Services offered by the Datamensio platform are distributed over a set of software accessible in SaaS mode by Users and Customers of Datamensio.

The various Services and Solutions are accessible via a software suite made up of several Services and Application Services:

i. Datamensio Pilot© ii. Datamensio Maps© iii. Datamensio Horizon© iv. Datamensio Services©.

Each Contract constitutes the entire agreement between Datamensio, the Users and the Customers and is formed, in order of precedence, of all the following contractual documents:

iv. The General Conditions; v. The estimate.

In case of contradiction, the stipulations of said contractual documents prevail over each other in the aforementioned order.

The Quotation is produced by Datamensio on the basis of the needs expressed by the Client.

It is the Customer’s responsibility to ensure that the Quotation, Services and Solutions are suitable for his needs and to have the appropriate configuration and equipment.

Each Quotation is established on the basis of the needs collected from the Customer by the Datamensio services and this, which the Customer 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, Financial conditions, technical options if applicable, additional and optional services as well as the amount of their annual or monthly billing if applicable, the services 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 forms accessible 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 written means, including by email, in particular, an email response from the Customer to 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 different Quotations, the Quotation that was issued most recently and accepted in writing by 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.

Unless special conditions stipulated in the Quotation, the Access to Datamensio’s Services and Solutions is done according to SaaS (Software as a Service) type methods.

The main characteristics of SaaS are: i. The User and/or Client accesses Datamensio Solutions and Services via the Internet according to their subscription; ii. The cost of the subscription that Datamensio invoices to the User depends on the consumption of the Service or the Solution by the Client and the Users for whom it is responsible.

Datamensio offers so-called “standard” offers which are presented, in particular on the Website.

The Standard Offers may vary according to several elements which will determine the price of the subscription and the volume of access as well 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, more specific offers, in particular on the number of individual accesses and the type of optional Services, recurring or not, such as:

i. Data migration; ii. Any deployment of Datamensio Software in a technical environment or specific servers (“On Premise”) to the Customer; iii. Integration and interconnection with third-party software; iv. Training and support.

In all cases, the conditions agreed between the Client and Datamensio are the subject of a Quotation.

To be able to access the Solutions and Services published by Datamensio: i. The Client must be a legal or natural person with full and entire capacity to enter into a Contract and have accepted the Quotation proposed by Datamensio. ii. The Customer must have the status of Professional who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional. iii. The User must be authorized by a Client and placed under his responsibility, and in doing so, be the beneficiary of access to the Services and Solutions in accordance with the stipulations of the Contract concluded between Datamensio and the Client.

To benefit from the Services and have access to the Platform and the Solutions, Clients and Users must create an account.

The Client and/or Users must provide all the information requested by Datamensio in the subscription form so that Datamensio can validate the access request.

Datamensio will create a Customer account giving the right to personal access to the Datamensio platform, accessible by means of a username and password.

As soon as their accounts are created, the Client and the Users receive an automated email invitation allowing them to create their own usernames and passwords.

Identifiers are personal and confidential. They can only be modified at the request of the Customer via the password modification interface, and of the Users or at the initiative of Datamensio if necessary.

In the latter case, the Customer will be informed in writing.

The Client and the Users undertake to make every effort to keep the identifiers concerning them secret and not to disclose them in any form whatsoever.

The Customer is entirely responsible for the use of his identifiers and those of his Users. The Customer is responsible for keeping the access codes provided by Datamensio. He will ensure that no other person not authorized by Datamensio has access to the Platform, Services and Solutions. In general, the Customer assumes responsibility for the security of individual access stations to the Platform, Solutions and Services.

In the event of loss or theft of one of the identifiers, the Customer will use the procedure put in place by Datamensio allowing him to recover his identifiers by fax.

The first access opened by Datamensio to the Client is access to the “Administrator” type Account (Master type access).

Master type access has the most extensive rights to manage the entire Customer account and to create secondary accounts for Users. The number of sub-accounts that the Customer can open depends on the conditions and the subscription taken out in the Quotation.

The Secondary Accounts that the Customer can open for its Users 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 the creation of secondary accounts and access but also for the configuration of the secondary accounts of its Users.

The Client is solely responsible for the use of the Platform, Services and Solutions by Users.

Users for which he answers and for which he bears strong.

The Customer is also responsible for the integrity of his Data which would have been deleted, modified or degraded by one of the Users to whom the Customer would have granted access.

The Client and the Users can access the Services and the Solutions:

i. By going directly to the login page of the Datamensio platform and entering their usernames and passwords; ii. Or, if available and if included in the subscription taken out by the Customer, using an API that Datamensio makes available to the Customer and that it must integrate its various information systems and third-party software.

The Client and the Users access the Platform using:

i. an identifier (Login) assigned to each User by Datamensio. Barring exceptions, the Login is the email address of the User or Customer Concerned; ii. And a password created by the Client or the User concerned when setting up his account and/or communicated to the Client by Datamensio via automated services.

The Client will use the Identifiers that will have been communicated to him each time he connects to the Platform.

The Customer and the Users will use this right of access alone and will be able to connect at any time - with the exception of maintenance periods, namely:

i. Round the clock ; ii. 7 days on 7 ; iii. Including Sundays and public holidays; iv. With assistance from Datamensio’s technical teams when necessary and depending on the level of assistance included in the subscription that the User Client has taken out; v. The access procedure defined by Datamensio must be strictly respected by the Customer: Access is only via the Datamensio authentication page, by entering their login and password in the fields provided for this purpose in order to access to their account.

The Quotation specifies the number of accesses authorized to the Customer and its Users as well as the list of Services subscribed by the Customer. The price agreed in the Quotation depends on the number of User accesses and the Services chosen by the Customer.

The Contract may only be modified by mutual agreement between Datamensio and the Client.

In the event that the customer wishes to modify the number of accesses or add Services, he must subscribe to a new subscription by requesting a new Quote.

The Quotation will specify the additional cost resulting from the addition of a new access or a new Service.

In the event of an agreement between Datamensio and the Client, the Contract will be modified under the financial conditions agreed in the Quotation, which will be invoiced until the end of the Contract.

Unless expressly agreed in writing by Datamensio, any request for deletion of access or Services by the Customer will not give rise to any price reduction.

The effective date of the Contract is that of receipt by Datamensio 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 into force and take effect after a period of FIFTEEN (15) days from the acceptance of the Quotation by the Customer.

In the absence of termination of the Contract, sent by any means by Datamensio to the Customer within FIFTEEN (15) days, the Contract shall enter into force definitively.

In the event of withdrawal by Datamensio during the cooling-off period, the Contract will lapse and Datamensio and the Customer will be released from any commitment to each other, without compensation on either side, with the exception of the obligation of confidentiality of the information and documents exchanged between them which will remain indefinitely.

Any sum of money paid by the Client to Datamensio will be returned to it, without delay and without deduction of any kind.

Except for special conditions stipulated in the Quotation, the Contract is concluded for a period of 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 registered letter 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 no longer have access to the Datamensio Platform, Solutions and Services.

The prices and terms of payment are indicated in the Quotation.

The price is in euros, excluding tax and excluding additional costs where applicable.

The address of invoicing is the address of the Customer’shead office.

Datamensio reserves the right to change its prices each year on the anniversary date of the Contract. To do this, Datamensio will send, by any 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 have a period of ONE (1) month to make known his intention not to renew the Contract on expiry. Failing this, the Contract will be tacitly renewed under the new pricing conditions.

The following services are excluded from the Contract and give rise to separate invoicing: i. Specific technical assistance services such as data migration or deployment in specific environments or reversibility; ii. And more generally all services not included in the offer subscribed to by the User Client as expressly described in the Quotation.

Access to 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 bank transfer or bank card on the online electronic payment terminals of Datamensio services.

The prices of the Services to which the Customer has subscribed are specified in the Quotation.

The elements of variability of the price specified in the Quotation are in particular: i. The more or less extended access to a more or less large number of functionalities and Services defined in the Quotation; ii. Access to different volume capacities for each Service and Solution; iii. The number of account administrator type accesses (Users with modification and writing rights in the customer account); iv. The number of non-administrator type accesses with or without write and modification rights; v. The frequency of intervention by a Datamensio trainer (Customer Success manager); vi. The frequency of intervention of support by a Customer Success manager; vii. The frequency of intervention of technical support.

Without prejudice to any damages that Datamensio would be entitled to claim, failure by the Customer to pay an invoice on its due date automatically entails the following effects that Datamensio reserves the discretionary right to apply:

i. Late payment interest equal to 10 times the legal interest rate in force, without prior notice and from the first day of delay; ii. A fixed compensation of 40 (forty) euros for recovery costs, without prejudice to additional sums in the event that the recovery costs exceed the amount 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 suspension of all access to the Services and Solutions; v. The automatic termination of the Contract within FIFTEEN (15) days after Datamensio sends a formal notice by email or any written means.

The Solutions, Repositories, Services, Website and Software that Datamensio has developed are original within the meaning of the French Intellectual Property Code.

Datamensio holds all intellectual property rights relating thereto. These are not likely to infringe the rights of third parties.

Datamensio is and remains the sole owner of the property rights relating to any element of the Application Services, Software, Website and Solutions made available to the Client and Users, as well as more generally to the IT infrastructure (software and hardware) work where applicable or developed by Datamensio.

These General Terms and Conditions or any Contract entered into with the Client do not confer any right of ownership on the Platform, the Software, Services and Solutions developed by Datamensio.

The temporary availability, for the duration of the subscription, of the Solutions and Services under the conditions provided forin the Contract cannot be analyzed as the transfer of any intellectual property right for the benefit of the Customer, the user, his associates, representatives, collaborators, partners, affiliated representatives or its own clients, 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 the provisions protecting the ownership of content produced and/or made available by Datamensio, the Client Uti The user is liable to prosecution as well as to the termination of his Subscription without notice or prior formal notice.

The Customer is prohibited from reproducing all or part of the Software, the Application Services, the Solutions or the Website or any documentation relating to them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.

Under no circumstances may the Client assign all or part of the rights and obligations resulting from these General Conditions, the Quotation, the Contract or the opening of an Account on the Datamensio platform, whether in the context of an assignment temporary contract, a sub-license and any other contract providing for the transfer of said rights and obligations.

The Datamensio platform, Website, Services, Solutions and software may contain texts and images that are necessary for the operation of certain features by Users and Customers.

Any exploitation by the Client or the Users of this content and any use outside the Datamensio platform and/or for purposes unrelated to the Contract without the prior and express consent of Datamensio is strictly prohibited.

The user may not store on his computer or on any computer medium any text or image content from Datamensio and of which he is not the author himself and of which he does not hold the intellectual property rights.

Clients and Users are permitted to publish on the Datamensio Platform: i. Comments ; ii. Texts ; iii. Photos and pictures; iv. References.

The Client and the Users undertake to make statements respectful of others and of the law and accept that these publications be moderated or refused by Datamensio without obligation to justify.

Only the text and image content provided by Clients and Users in the Datamensio Platform in the input spaces provided for this purpose are 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 context of normal use of the Services and Solutions of the Datamensio Platform.

The Client and the Users declare that they hold all the publication and exploitation rights for the content they publish on the Datamensio Platform.

This is particularly the case of the Repositories and Data that the Client or the Users have published via the Services and Solutions of the Datamensio Platform and made available to the public having access to the Platform.

In all cases, it is up to the Customer and the Users to ensure that the chain of intellectual property rights is respected, and that they validly and effectively hold the rights to use and publish the content they publish. on the Datamensio Platform before proceeding with any publication.

As such, the Customer acknowledges being fully responsible for it and stands strong in its commitment to its Users and fully guarantees Datamensio in this respect.

Datamensio can in no way be held responsible for the illicit or unauthorized publication of content made by the Client and the Users, its associates, collaborators or partners and affiliates or its clients to whom the Client has granted access rights to them. to publish content.

The Client acknowledges his full responsibility for respecting the copyright and intellectual property rights of the content hepublishes on the Datamensio Platform.

The Repositories are part of the content published on the Datamensio platform and whose intellectual property is likely to be protected.

The Client and Users may use the Repositories published by Datamensio but also the Repositories published by other Clients and Users on the Platform, and in particular via the Services of Datamensio Marketplace.

The use of the Repositories is strictly subject to the right to intellectual property and to the Contract.

Clients and Users have no authorization to use the content and Repositories created by Datamensio by other Repository publishers outside the 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 the Repositories on their own computers or terminals, nor to transmit them to third parties or to use them for purposes unrelated to the Contract.

On the platform Datamensio, the Repositories make it possible to analyze the maturity of an organization or a company on a given subject. A Framework can be made up of an unlimited number of questions.

Users will thus be able to use the diagnoses established by the questionnaires contained in the repositories to assess a maturity score in one theme or another.

The example below is taken from the company’s digital maturity analysis repository published by Datamensio SAS. i. The Datamensio DMARepository includes several themes. ii. Each theme is then organized into subjects, each of which includes several questions. iii. Each question allows you to analyze a strategic point. iv. Each question offers several response levels corresponding to increasingly higher levels of maturity. v. For each possible answer, the Datamensio DMA Repository offers one or more action levers allowing the Customer to move to the next level of Digital Maturity

Example below:

Theme: Data Subject: Cyber Security

Question: For the cybersecurity of employees’ digital equipment: what level of security is in place?

Maturity Level 1 Response We do not know the level of security in place for terminals and devices in our company. No specific policy has been determined.

Action 1: improvement path Establish within your teams the use of passwords with a minimum of characters in order to protect access to the equipment by unauthorized third parties

Maturity Level 2 Response We have established and enforced a set 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 encryption of your data on sensitive information, call on an expert service provider to support you in the protection of your digital assets and your connected production tools.

Datamensio allows its User Clients to publish and use their own Repositories and to become a Repository publisher.

To be able to become a Repository publisher, the Client must accept the General Conditions applicable to Repository publishers which determine the rules relating to intellectual property rights concerning its Repositories as well as the rights and obligations of the Repository publisher and of Datamensio.

Datamensio owns the following brands:

Datamensio and its logo constitute a French figurative trademark 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 classes 9,35,25, 41 and 42.Any use of these trademarks without the prior consent of Datamensio is strictly prohibited.

Datamensio provides the Client with the Solutions and Services accessible on its server via the Internet.

Under the conditions of article 14 “Licence”, Datamensio grants the Client and its Users the right to use the Solutions on anon-exclusive basis.

Datamensio provides Data hosting, maintenance and security of the Solutions.

Datamensio backs up the Data.

The Services to which the Customer has access, their volume and scope are described in the Quotation and/or in the customer’s online account.

The Client acknowledges having been informed that the Datamensio Offer may continually evolve according to its commercial policy.

The Customer also acknowledges being informed that a new functionality, access to a new Solution or a new Service requires the conclusion of a new Contract or the modification of the Contract in order to add this new Service or this new functionality to its subscription.

On the day of drafting the General Conditions, Datamensio offers the following Solutions:

Datamensio Pilot is a Web application developed by Datamensio that offers Users and Clients all the features needed to manage transformation projects.

, Datamensio Maps is a Web application developed by Datamensio and which offers Clients and Users all the functionalities necessary for the creation and management of libraries of audit repositories, maturity diagnostics and business analysis.

, Datamensio Horizon is a Web application developed by Datamensio and which offers Clients and Users the set of functionalities necessary for professional reporting objects and the dissemination of project activity reports, in particular business transformation projects.

, Datamensio Maps is a Web application developed by Datamensio and which offers Clients and Users the set of functionalities necessary for the publication of calls for tenders and third-party services provided by companies offering services on the market.

, Datamensio Maps is a Web application developed by Datamensio and which offers Clients and Users the set of functionalities necessary for the publication of the Repositories that the Client or its Users have created and put online within the Datamensio Platform using by Datamensio Maps ©.

In addition to access to the Solutions described above, Datamensio provides its Customers with support, support and training services.

These services are also subject to change and regular evolution.

They may be modified or deleted at any time by Datamensio.

i. User training services by a Datamensio Customer Success Manager, face-to-face or remotely, depending on the type of subscription to which the User has subscribed; ii. Support service for the deployment of the Platform within the Customer’s and User’s company depending on the type of subscription to which the Customer has subscribed; iii. User Support Service by telephone or in writing depending on the type of subscription to which the Customer has subscribed; iv. Online technical support service depending on the type of subscription to which the Customer has subscribed; v. Training or support service for the creation of a Repository; vi. Migration of Data from one User account to another or the import of external data into the Datamensio Platform; vii. Any deployment of Datamensio Software in a specific technical environment or servers (“On Premise”) to the Customer or its Users; viii. The integration and interconnection of the Datamensio Platform with third-party software.

Unless otherwise stipulated in the Quotation, training services are not included in the standard conditions of Service and may be provided by Datamensio, to Clients and Users, for a fee.

However, self-training text and video content may be made available to Customers and Users and can be consulted directly on the SaaS Datamensio Platform and the Website.

At the Customer’s request, Datamensio may at any time offer training hours which are described and dimensioned explicitly in the Quotation.

The training schedule is set by mutual agreement with the Client.

At the Customer’s request, Datamensio can also provide conditions for additional training services during the Contract which will give rise to the establishment of a new Quotation.

Datamensio undertakes to deploy the appropriate human and material resources to ensure the continuity, permanence and quality of access to the Platform, the Website, the Solutions and the Services and is therefore bound by an obligation to AVERAGE.

Datamensio is solely responsible for the corrective and evolutionary maintenance of the Platform, the Website, the Solutions and the Services. Datamensio will endeavor to maintain access 24 hours a day, every day of the year, barring disruption beyond its control.

Datamensio will make its best efforts to carry out corrective maintenance interventions in such a way as to hinder access to Customers and Users as little as possible. However, Datamensio reserves the right to exceptionally and briefly suspend accessibility to the Platform, the Website, the Solutions and the Services for possible maintenance or improvement interventions, 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 access or the integrity of the Client’s and Users’ account and the Data it contains in the following cases:

i. Refusal of the Client and/or Users to collaborate with Datamensio in the resolution of anomalies and in particular to answer questions and requests for information; ii. Use of the Services in a manner inconsistent with their intended purpose or documentation; iii. Unauthorized or fraudulent modification 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 not compatible with the Services and Solutions in the IT environment that of the Client 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 (absence or obsolescence of antivirus protection, antimalware protection, poor password policy, material and/or behavioral negligence relating to the security and integrity of access and data, etc.) x. Absence or failure of updates to the operating systems and software installed on the computers and terminals of the Customer and/or Users.

Datamensio ensures, under the terms of an obligation of means, the hosting of the Platform and the Website, as well as the Data produced and/or entered by/on the Platform, on its servers or through a service provider. professional hosting, and on servers located in a territory of the European Union.

Datamensio grants the Client and Users who have subscribed to a Contract a personal, non-exclusive, non-assignable and non-transferable right to use the Solutions, Services and Software developed by Datamensio, for the entire duration of the Contract and without geographical limitation.

The Customer and the Users may only use the Services and the Solutions in accordance with their needs and in compliance with these General Conditions and the Agreement.

In particular, the license is granted for the sole and exclusive purpose of allowing the Client and Users to use the Services and Solutions of the Datamensio Platform, to the exclusion of any other purpose.

The right of use means the right to represent and implement the Services and Solutions in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network.

The Client and the Users may under no circumstances make the Solutions and Services available to a third party outside the use provided forin these General Conditions and in particular make access to their paid account.

The Client and the Users strictly prohibit any other use of the Datamensio Platform and the Website apart from the use provided for by these General Conditions and the Contract, in particular any adaptation, modification, translation, arrangement, distribution, decompilation , without this list being exhaustive.

The Client and the Users are prohibited from reproducing any element of the Software, Website, Solutions, Repositories and Services or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.

The Customer may not assign all or part of the rights and obligations resulting from the Contract, whether in the context of a temporary assignment, a sub-license or any other contract providing for the transfer of said rights and obligations.

Ultimately and without this list being exhaustive and subject to express written authorization from Datamensio, it is strictly forbidden for Customers and Users to:

• Rent, sell, distribute, assign, transfer, license, sub-license access to the Services, Solutions and Repositories to third parties, including technical service providers; • Publish all or part of the Repositories on a medium other than the Platform; • Make the Data available to third parties, including those who are their business partners; • Transfer all of the Website, Platform or Solutions to or on one or more databases or other server; • To intervene on the Platform and the Software in any capacity whatsoever, including to correct errors; • Transfer, use or modify all or part of the Website, Platform, Services, Repositories and Solutions with the aim of creating a competing offer with that of Datamensio and more generally of handling and/or using the Services, Solutions, Repositories, Data and more generally the Platform in a way that could directly or indirectly compete with Datamensio.

Datamensio reserves the right to verify by any means that these prohibitions are respected by the Client and the Users.

The provisions of this article apply to the Personal Data of the Customer and Users to the exclusion of any other Data, of the Customer and Users, which are not Personal Data.

In accordance with law n ° 78-17 of January 6, 1978, relating to data processing, files and freedoms (known as the “Data Processing and 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 personal information that they may be required to communicate is intended to Datamensio responsible for processing, for administrative and commercial management purposes.

Datamensio may use any information that the Client or Users have communicated to it in the context of the execution of these General Conditions and the Contract, to verify identity, collect payment, monitor fraud and deal with any matter before, during and after the contract period.

Datamensio collects, processes and sub-contracts Personal Data in order to deliver or promote its Services, its Solutions and its Website.

Personal Data is stored by Datamensio on its own computer server, which undertakes to guarantee at all times the security, confidentiality and integrity of Personal Data, to which only authorized persons may have access.

Access to Personal Data is strictly limited to employees and agents of Datamensio, authorized to process them by reason of their functions. The information collected may possibly be communicated to third parties bound to Datamensio by contract for the performance of subcontracted tasks necessary for the management of the Contract, without the Customer’s authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to Personal Data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation in terms of data protection. personal data.

Apart from the cases set out above, Datamensio undertakes not to sell, rent, assign or give access to third parties to Personal Data without the prior consent of the Client and Users, unless forced to do so due to 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 of the Contract as well as for a period of five (5) years from the end of the Contract.

In accordance with the Data Protection Act, the Customer and Users have the right to access, rectify and delete their Personal Data and the portability of their Personal Data. The latter can exercise this right by sending a request by simple letter to the registered office of Datamensio. The Customer may also request the limitation of the processing of his data or oppose this processing. To exercise these rights, the Customer may contact the data controller by mail at the following address: contact@datamensio. com.

The Client and the Users are entitled to define their directives 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 Users may lodge a complaint with the CNIL.

The Client assumes any editorial responsibility for the use of the Application Services and Repositories by itself and its Users.

The Client is solely responsible for the quality, legality and relevance of the Data and content that it and its Users transmit for the purpose of using the Services, Solutions, and Repositories developed by Datamensio and accessible on the Datamensio Platform. He also guarantees that he holds the intellectual property rights allowing him to use the Data. Consequently Datamensio disclaims all liability in the event of non-compliance of the Data and/or content with laws and regulations, public order or the needs of the Customer.

The Customer guarantees Datamensio against any prejudice resulting from its being called into question by a third party for a breach of this guarantee.

More generally, the Customer is solely responsible for the content and messages distributed and/or downloaded via the Application Services and the Repositories.

Each of the Parties undertake to implement the appropriate technical means to ensure the security of the Data.

Subject to the “Liability” Article, Datamensio undertakes to preserve the integrity and confidentiality of the Data. Datamensio will implement technical and organizational measures to prevent any fraudulent access or use of the Data and to prevent any loss, alteration and destruction of the Data.

However, Datamensio cannot be held responsible for the accidental destruction of the Data by the Client, the Users or a third party having accessed the Platform, in particular by means of the Identifiers given to the Client.

The Customer acknowledges that he is informed that the Data that he or the Users have entered, as well as his statistical data of use such as the frequency of use, the methods of connection to the Platform, the methods of use, the types of content and their organization, and all general use of the Datamensio Platform will be operated by Datamensio in an anonymized manner: i. With the aim of improving services ii. In general, with the aim of creating statistics that would make it possible to improve

For example, Datamensio may use anonymized data relating to the scores obtained in the use of its repositories in order to produce general statistics.

These general statistics may be offered in dashboards on user interfaces and improve the services offered by Datamensio.

The Client acknowledges Datamensio’s full and complete right to create statistics of all kinds based on the use and data that it has entered into 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.

The Website, Application Services, Solutions and Software may automatically collect standard information.

All information collected indirectly will only be used to monitor the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to service improvement.

Regarding the Platform with paid access, all statistical data is collected anonymously for statistical purposes and to improve services.

Each of the Parties assumes responsibility for the consequences resulting from its faults, errors or omissions, as well as from the faults, errors or omissions of its possible subcontractors and causing direct damage to the other Party.

Datamensio is only bound by an obligation of means in the performance of its obligations.

Datamensio can only be held liable in the event of serious misconduct or proven negligence in the performance of its obligations. In this case, Datamensio will only be liable for the repair of direct and foreseeable damages resulting from the execution of the Contract.

Datamensio shall in no event be liable for consequential damages suffered by the Client and the Users for any reason whatsoever.

Datamensio may offer, if it wishes, a refund of the subscription share corresponding to the time of unavailability of the Platform, for example.

In any case, Datamensio may not under any circumstances incur liability for indirect or unforeseeable losses or damages of the Customer or third parties, which includes in particular any lost profit, loss, inaccuracy or corruption of files or Data, commercial prejudice, loss of turnover or profit, loss of goodwill, loss of opportunity, cost of obtaining a substitute product, service or technology, in connection with or arising from the non-performance or faulty performance of the services.

It is expressly agreed that Datamensio’s liability is strictly limited by mutual agreement to the amount, excluding tax, of the turnover made with the Client and collected by Datamensio during the last closed fiscal year of Datamensio preceding the occurrence of the damage or, if the duration of the commercial relationship between Datamensio and the Customer has a shorter duration, at the value of the price excluding tax of one year’ssubscription, as stipulated in the Quotation corresponding to the Contract, on the occasion of which the non-performance was observed.

By express agreement between the parties, Datamensio is under no obligation to advise on the Services and Solutions provided. The Customer is solely responsible for determining whether to use the Platform, Services, Solutions, Software and Repositories. By their nature, Datamensio cannot guarantee their adaptation to the specific needs of all its Customers and Users. In doing so, the Platform, Services, Solutions, Software and Repositories are provided “as is”. No adaptation to the specific requirements of the Customer may be requested or executed without a prior Quotation. Datamensio does not guarantee in any way the compatibility of the use and the functionalities of the Platform, the Solution and the Services with the equipment, the needs and professional obligations of the Client, whether they be of a technical, technological, contractual or regulatory nature between the Customer and its partners or own customers. The latter declares to have ensured, before the conclusion of the Contract, the adequacy of the Services provided to his needs. Datamensio does not guarantee continuous operation of the Platform, Website, Solutions, Repositories and Services, nor that the latter are error-free.

Datamensio does not guarantee that the information contained in the Platform, the Website, the Solutions and the Services is error-free and does not guarantee, among other things, neither the relevance, nor the completeness, nor the accuracy of the information, nor updating and updating the References.

Consequently, the Client acknowledges that he uses the Website, the Platform, the Solutions Services and Repositories at his own risk and that he will carry out a verification under his own responsibility.

Datamensio cannot be held liable in the event of abnormal use of the Platform, Services and Solutions, handling error or intervention by a third party not authorized by Datamensio. Finally, Datamensio’s liability is excluded in the event of malfunction or interruption of access to the Website, the Platform as well as the Solutions and Services originating from events affecting the communication networks and, more generally, any event beyond the control of Datamensio and beyond its control.

The Client guarantees Datamensio strict compliance with the legal, regulatory and contractual requirements incumbent upon it. The Clientindemnifies Datamensio against any damage, prejudice or loss of any nature whatsoever, resulting from non-compliance with any of the obligations imposed on it and those of the Users for which it is liable, under the terms of the General Conditions. and the Contract.

The Client warrants to Datamensio that it has all the required authorizations allowing it to extract, use, exploit and publish Data and that it will only use the Platform, the Solutions, the Services and the Website strictly compliance with standards, prescriptions, constraints and authorizations.

As a result of all of the foregoing, the Customer guarantees Datamensio against all claims, actions and condemnations whatsoever, emanating from third parties, to which the use by him and those of his Users, of all or part of the Website, the Platform, Solutions, Services, Software, Repositories and Data could give rise to and will indemnify it for any prejudice suffered and for all costs necessary for its defence.

Datamensio can in no way be held responsible for any damage in the event of damage caused by an interruption or reduction in service of the telecommunications operator, the electricity supplier or in the event of force majeure.

None of the Parties may be held liable for any breach whatsoever of its obligations under the Contract, if such a breach results from a case of force majeure recognized by case law, such as for example: a government decision , including any withdrawal or suspension of authorizations whatsoever, a total or partial strike, internal or external to the company, afire, a natural disaster, a state of war a total or partial interruption or blockage of telecommunications or electrical networks, an act of computer hacking or more generally any other force majeure event with the characteristics defined by case law.

The Party noting the event must immediately inform the other party of its impossibility to perform its service. The suspension of the obligations or the delay can in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

Datamensio has taken out the necessary insurance to cover the risks related to the exercise of its activity.

In the event of non-performance by the Client or its Users of any of their obligations, Datamensio reserves the right to suspend the performance of the Contract and access to the Platform without notice, without this suspension giving rise to indemnity.

Throughout the duration of the suspension and by express agreement between the Parties, the Customer remains liable for the price of the Contract, even if the invoiced period corresponds to a period when the Services have been wholly or partly suspended.

In the event of non-performance by either Party of any of the obligations stipulated in these General Terms, the Contract may be terminated automatically thirty (30) days after the sending of a formal notice which has remained unsuccessful, sent by registered mail with acknowledgment of receipt.

Subject to situations of force majeure Datamensio may terminate the Contract, in the following cases: • Failure to pay the price under the conditions referred to in Article 11 of the General Conditions; •Publication of Data and content that is offensive, illegal, contrary to public order and/or in violation of the rights of third parties, including intellectual 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 and deterioration beyond the control of Datamensio and beyond its control and more generally force majeure, the Customer may terminate the Contract, in the following cases: • Lack of deployment of the means necessary to ensure the permanence, continuity and quality of the Software Package in accordance with the rules of the art under the conditions and limits of article 21 of the General Conditions;

In the event of termination by Datamensio due to the default of the Client or the Users, the client will be liable for the price of the subscription remaining to run until the end of its Contract. In the event of termination by the Customer due to Datamensio’s default, the Customer may only obtain reimbursement of any sums paid in advance for the period after the alleged non-performance, to the exclusion of any other compensation.

The services exchanged between the Parties from the conclusion of the Contract until its termination having found their usefulness as and when the reciprocal performance of these, they will not give rise to restitution for the period prior to the last service. not having received its counterpart.

In any event, the aggrieved Party may seek the awarding of damages and interest.

In the event of termination of the Contract for any reason whatsoever, Datamensio may, for a fee and at the express request of the Customer, return to the Customer all the Data belonging to it in a standard format that can be read without difficulty in an equivalent environment.

Any request for reversibility will be the subject of an estimate.

The Client will actively collaborate with the Service Provider to facilitate the recovery of the Data.

At the Customer’s request, Datamensio or one of its affiliates may provide additional technical assistance services to the Customer and/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 the statistical results from the use of the Datamensio platform by the Client, the client’s employees and the client’s partners.

These provisions are not applicable to the portability of Personal Data subject to Article 15.1 of the General Conditions.

The nullity of any of the obligations resulting from the Contract and the General Conditions, for any reason whatsoever, shall not affect the validity of the other obligations and the Parties undertake to negotiate replacement provisions in good faith. For the execution of these presents as well as their consequences, the Parties respectively elect domicile at their registered offices indicated at the beginning of these presents. Any change to the registered office or address of one of the Parties will only be enforceable against the other Party eight calendar days after having been duly notified to it. The headings in the Terms and Conditions are included for convenience only. By express agreement between the Parties, these titles may not under any circumstances be used to interpret any provision whatsoever. The fact for a Party not to claim the application of any provision of the General Conditions or of the Contract or to tolerate its non-performance on a temporary or permanent basis, may in no case be interpreted as a waiver by this Party. to exercise its rights under the General Conditions and the Contract. The fact for a Party to tolerate non-performance or imperfect performance of the Contract or more generally to tolerate any act, abstention or omission of the other Party not in accordance with the provisions of the Contract cannot confer any right whatsoever on the Party who benefits from such tolerance. The General Conditions are written in French, the only authentic language in the event of a dispute.

The Contract will be interpreted, executed and governed by French law. In the event of a dispute relating to the validity, interpretation, execution or non-execution, interruption or termination of the Contract and the General Conditions, the Parties undertake before any legal action to seek an amicable solution. This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause will be declared irregular and inadmissible. In the event of failure of the amicable settlement within THIRTY(30) days following the start of the discussions as formally notified in writing by the most diligent Party, the dispute would then be subject to the jurisdiction designated below.

IF THE CUSTOMER IS A MERCHANT, ANY DISPUTE RELATING TO THE FORMATION, VALIDITY, INTERPRETATION, EXECUTION, AND/OR TERMINATION OF THE GENERAL TERMS AND CONDITIONS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, INCLUDING REGARDING REFERENCE PROCEDURES.