Terms of use for online services.

Article 1. Definitions

In these terms of use, the following terms, written with an initial capital letter, have the meanings set out below, whether used in the singular or the plural.

“Publisher”: SANFYTECH, a simplified joint-stock company (société par actions simplifiée) with share capital of EUR 5,000.00, whose registered office is at 173 rue de Courcelles, 75017 Paris, registered in the Paris Trade and Companies Register (RCS) under number 107 365 249 (SIRET 107 365 249 00013, intra-Community VAT number FR81107365249), represented by Cédric SANTIAGO in his capacity as President (Président), duly authorised for the purposes hereof. The Publisher is also referred to as “SANFYTECH”. Its full contact details and the name of the publication director are set out in the legal notice available at https://www.sanfytech.com/legal/mentions-legales.

“Website”: the website accessible at https://www.sanfytech.com, its subdomains and its pages, published and operated by the Publisher, together with the editorial content and forms it contains.

“Online Services”: the application services published, hosted or operated by the Publisher and accessible remotely by means of an Account, in particular client areas, administration portals, operations dashboards, hosted business applications and the associated application programming interfaces, excluding services of which the Publisher is neither the publisher nor the operator.

“Service”: when used alone, means the Online Service concerned by the provision in which it appears.

“Platform”: the Website and the Online Services taken together.

“Professional Services”: the services performed by the Publisher under the Contract, as defined by the Terms of Sale.

“User”: any natural person who accesses the Website or uses an Online Service, whether acting on their own behalf or on behalf of a Client.

“Party”: the Publisher on the one hand, and the User or the Client on the other, depending on which of them the provision in question applies to; together, the “Parties”.

“Client”: the legal person or professional that has entered into a Contract with the Publisher under which one or more Online Services are made available to its Users.

“Account”: the personal space opened in the name of a User, protected by Credentials, which governs access to an Online Service and determines the rights and permissions of its holder.

“Credentials”: all the authentication elements attached to an Account, in particular the login, the password, additional authentication factors, recovery codes, application programming interface keys and access tokens.

“Website Content”: all the elements making up the Platform and made available by the Publisher, in particular texts, articles, documentation, images, photographs, illustrations, logos, trade marks, graphic charters, layouts, site structures, data structures, databases, interfaces, source code and object code.

“User Content”: any data, file, document, message, configuration and setting entered, uploaded, produced or transmitted by a User by means of an Online Service or a form on the Website.

“Contract”: the agreement entered into between the Publisher and a Client (framework agreement, hosting and managed services contract, services contract, purchase order or accepted quote) under which an Online Service is provided.

“Terms of Sale”: the Publisher’s general terms and conditions of sale and provision of services (CGV), in their current version, available at https://www.sanfytech.com/legal/cgv.

“Terms of Use”: these terms of use (CGU), in their current version, available at https://www.sanfytech.com/legal/cgu.

“AI System”: an artificial intelligence system within the meaning of Article 3 of Regulation (EU) 2024/1689 of 13 June 2024 laying down harmonised rules on artificial intelligence.

Article 2. Purpose and scope

2.1 The purpose of these Terms of Use is to set out the conditions on which the Publisher makes the Platform available and those on which the User accesses and uses it. They apply both to browsing the Website and to using the Online Services, whatever the device, network or means of access used.

2.2 These Terms of Use govern the technical and functional use of the Platform. They do not govern the commercial relationship between the Publisher and the Client: the provision of services, price, deadlines, acceptance testing, service levels, intellectual property in specific deliverables and reversibility are governed exclusively by the Contract and the Terms of Sale.

2.3 The Website offers no online sales and does not allow any distance contract to be concluded. It presents the Publisher’s business, makes editorial content available and provides means of getting in touch. The Publisher’s business is aimed at professional clients. Consequently, the Publisher does not fall within the consumer mediation scheme and has not appointed any consumer mediator.

2.4 In the event of conflict between the documents applicable to an Online Service, the order of priority is that set by Article 4.5 of the Terms of Sale, these Terms of Use ranking last. The Terms of Use nevertheless remain the only terms applicable to Users who are not party to the Contract, and to browsing the Website.

Article 3. Acceptance and enforceability

3.1 Accessing and using the Website entails full, complete and unreserved acceptance of these Terms of Use in the version in force on the date of access. A User who does not accept these Terms of Use must refrain from using the Platform. However, the provisions of Article 5.5 on the presumption of attribution, those of Article 16.4 on the liability cap, those of Article 16.7 on the indemnity and those of Article 20.3 on the competent court are enforceable only against a User acting for professional purposes who has expressly accepted these Terms of Use on the terms of Article 3.2, and against the Client.

3.2 Access to an Online Service also requires express acceptance of these Terms of Use on first login to the Account or when it is activated. This acceptance is time-stamped and kept by the Publisher where the Online Service allows it; failing that, acceptance results from activation of the Account by the Client.

3.3 A Client that makes an Online Service available to its staff, employees, agents or subcontractors stands surety (se porte fort), within the meaning of Article 1204 of the French Civil Code (Code civil), for compliance with these Terms of Use by each of them and guarantees their performance. It communicates their content to them and is answerable for their breaches as for its own.

3.4 The User declares that they have legal capacity and, where acting on behalf of a legal person, the authority to bind it for the purposes of accessing the Platform.

3.5 In accordance with Article 1119 of the French Civil Code, general terms relied on by a User or a Client have effect with regard to the Publisher only if they have been brought to its attention and accepted by it; the Parties agree that such acceptance must be in writing. Where general terms relied on by each side conflict, the incompatible clauses have no effect.

3.6 In accordance with Articles 1356 and 1358 of the French Civil Code, the Parties agree that electronic acceptance of these Terms of Use, the connection logs and the technical records kept by the Publisher are evidence between them unless proven otherwise, and such proof may be adduced by any means. Logs are kept for the periods stated in the privacy policy; the Publisher does not guarantee their availability beyond those periods.

Article 4. Access to the Platform

4.1 The Website is accessible free of charge, except for the connection, communication and equipment costs, which remain the sole responsibility of the User.

4.2 Access to an Online Service is subject to the existence of a valid Contract and to the opening of an Account. It may be subject to additional conditions set out in the Contract, in particular a maximum number of Users, restrictions on connection addresses or consumption quotas.

4.3 The User is personally responsible for providing, configuring and securing the technical means needed for access: a device, operating system and browser maintained by their publisher and up to date with their security patches, access to an electronic communications network, and execution of the scripts and cryptographic functions required by the Platform. The Publisher does not guarantee that the Platform will work on browser or operating system versions that are no longer maintained by their publisher.

4.4 A User who accesses the Platform from a country other than France ensures that such access and the use made of it comply with the laws and regulations applicable to them. The Publisher does not guarantee that the Platform complies with local regulations outside the European Union.

4.5 The Publisher is not obliged to open an Account for any particular person. It may refuse to open an Account or restrict access to all or part of the Online Services for reasons relating to security, the lawfulness of the intended use, compliance with these Terms of Use or performance of the Contract.

Article 5. Accounts, credentials and authentication

5.1 When creating their Account, the User provides accurate, complete and up-to-date information and updates it without delay in the event of any change. The User is solely responsible for the consequences of inaccurate, out-of-date or incomplete information, in particular the Publisher’s inability to contact them in the event of a security incident.

5.2 The Account is strictly personal and in the User’s own name. Sharing an Account between several persons, creating generic or shared accounts, and reselling, assigning or making an Account available to a third party are prohibited. Each natural person who is to use an Online Service has their own Account.

5.3 The User keeps their Credentials confidential. They choose a long password, specific to the Platform and not reused on any other service, and keep it in a password manager or by any other means offering an equivalent level of protection. They do not disclose their Credentials to anyone, including a member of the Publisher’s staff, who will never ask for them.

5.4 Where an Online Service offers a second authentication factor, its activation is strongly recommended; it may be made mandatory by the Publisher for Accounts with administrative permissions, or by the Client for its own Users. The Publisher does not guarantee that all Online Services, in particular those based on software of which it is not the publisher, offer such a feature.

5.5 Any action carried out using a User’s Credentials is presumed, unless proven otherwise, to have been carried out by that User. This presumption ceases to have effect from the Publisher’s receipt of the report mentioned below. The User informs the Publisher without delay, at contact@sanfytech.com, of any loss, theft, disclosure or unauthorised use, actual or suspected, of their Credentials or Account. At the same time, they change their password and revoke their access tokens where the Online Service allows it.

5.6 Where the Client has a function for administering its Users’ Accounts, it is responsible for assigning permissions according to the principle of least privilege, periodically reviewing the rights granted and deactivating without delay the Accounts of persons who leave its workforce or whose assignment ends. The Publisher carries out the requests to create, modify and delete Accounts sent to it by the authorised persons designated in the Contract.

5.7 Logins, login attempts and sensitive actions carried out by means of an Account are logged for security, evidence and diagnostic purposes. The purposes, the categories of data logged and their retention periods are described in the privacy policy available at https://www.sanfytech.com/legal/confidentialite.

5.8 The Publisher may close an Account that has remained inactive for a continuous period of twenty-four (24) months, after informing its holder at their last known e-mail address and giving them thirty (30) days to respond. This option does not apply to Accounts whose continuation is provided for by a Contract in progress.

Article 6. Rules for using the Platform

6.1 The User uses the Platform in accordance with its intended purpose, these Terms of Use, the documentation made available to them and the applicable regulations. They refrain from any use likely to infringe the rights of the Publisher, a Client or a third party.

6.2 The User refrains from any abnormal use, in particular a volume of requests, a volume of storage or a processing intensity manifestly disproportionate to normal professional use of the Online Service concerned or to the quotas set in the Contract. The Publisher may implement rate limiting, queuing or capping measures in order to preserve the quality of service for all Users.

6.3 The User contributes to the security of the Platform: they keep their workstation up to date, protect it with an automatic lock, access the Online Services from a shared workstation or from an uncontrolled network only with the necessary precautions, and log out at the end of each session.

6.4 The User is solely responsible for the lawfulness of their use of the Platform and of the User Content they process on it, in particular with regard to intellectual property law, personal data law, trade secrets and the confidentiality obligations incumbent on them.

Article 7. Prohibited uses

7.1 The following, in particular, are prohibited, this list not being exhaustive:

• use of the Platform for unlawful or fraudulent purposes or purposes contrary to these Terms of Use;
• fraudulently accessing or remaining in all or part of an automated data processing system of the Publisher, a Client or a third party, obstructing or distorting its operation, and fraudulently introducing, modifying, extracting or deleting data, offences punishable under Articles 323-1 to 323-7 of the French Criminal Code (Code pénal);
• circumventing, neutralising or weakening a technical protection measure, an authentication mechanism, an access control, a rate limit or the anti-bot mechanism protecting the forms;
• carrying out penetration tests, port scans, load tests, vulnerability discovery campaigns or any offensive audit operation without the Publisher’s prior written authorisation, subject to the reporting framework defined in Article 10;
• any operation likely to overload, degrade or disrupt the Platform or the infrastructure supporting it, in particular denial of service, mass sending of requests, code injection and exploitation of a vulnerability;
• transmitting or hosting any malicious code, virus, worm, Trojan horse, ransomware or script intended to alter the operation of the Platform or of third-party systems;
• automated extraction, reuse, collection or indexing of all or a substantial part of the Website Content or of the databases of the Platform, in particular by harvesting, scraping, robot, software agent or application programming interface diverted from its intended use, without the Publisher’s prior written authorisation;
• identity theft, creating accounts in the name of a third party, providing inaccurate identification information and concealing the real origin of connections in order to circumvent a restriction;
• using the Website’s contact means and forms to send unsolicited messages, mass commercial solicitations, or content that is unlawful, defamatory, abusive, discriminatory, infringing or an invasion of privacy;
• reverse engineering, decompiling or disassembling the software components of the Platform, outside the strict scope of the mandatory exceptions provided for by Articles L122-6 and L122-6-1 of the French Intellectual Property Code (Code de la propriété intellectuelle), a User who intends to rely on the interoperability exception being invited first to send the Publisher a request for interoperability information, without this invitation being a condition for exercising the exception.

7.2 Text and data mining, machine learning. The Publisher expressly objects, within the meaning of section III of Article L122-5-3 of the French Intellectual Property Code and point 6° of Article L342-3 of that code, to any text and data mining of the Website Content and of the databases of the Platform, with the exception of mining carried out for the purposes of scientific research on the terms provided for by those provisions. This objection is expressed by these terms and, where published, by the machine-readable means associated with the Website’s resources. Consequently, the following are prohibited without the Publisher’s prior written authorisation: building a training corpus from the Website Content; training, pre-training, fine-tuning or evaluating an artificial intelligence model on that content; and indexing it in a vector database intended to feed a retrieval-augmented generation system operated for commercial purposes by a third party.

7.3 Misuse of artificial intelligence features. Where an Online Service includes an AI System, the User refrains from any manipulation intended to divert its operation, in particular injecting instructions aimed at circumventing the guardrails, forcing disclosure of system prompts, systematically extracting the model or its parameters, and producing unlawful content. The User refrains from presenting an output generated by an AI System of the Platform as advice, a recommendation or a position of the Publisher.

7.4 Any breach of this Article may lead, without prejudice to any other right, to immediate blocking of access on the terms of Article 17, preservation of evidence, the filing of a criminal complaint and action against the person responsible, including on the basis of Article 1240 of the French Civil Code where the breach is committed by a person not bound to the Publisher by contract.

Article 8. User content

8.1 The User, or the Client to which the User belongs, retains full ownership of the User Content. These Terms of Use do not entail any assignment of intellectual property rights in that content to the Publisher.

8.2 The User and, where it holds the rights, the Client to which the User belongs, grant the Publisher, solely for the period necessary to provide the Online Service, a non-exclusive, non-transferable (except to the Publisher’s technical subcontractors acting on its instructions), royalty-free licence limited to the rights to reproduce, store, host, transmit, display, back up and technically adapt the User Content, for the sole purposes of operating the Online Service, ensuring its security, backup, restoration and continuity, and responding to support requests. This licence excludes any independent commercial exploitation, any communication to a third party not necessary for the service and any use for the purpose of training an artificial intelligence model. The Client stands surety (se porte fort), within the meaning of Article 1204 of the French Civil Code, for the grant of this licence by any holder of rights in the User Content processed through the Accounts opened at its request.

8.3 The User warrants that they hold all the necessary rights and authorisations in the User Content, that it does not infringe any third-party rights and that it is not unlawful in any way. Where the User Content includes personal data, the User warrants that they have a legal basis within the meaning of Article 6 of Regulation (EU) 2016/679 and have informed the data subjects on the terms of Articles 12 to 14 of that Regulation.

8.4 The Publisher does not carry out any general monitoring of User Content and is not subject to any general obligation to seek facts or circumstances indicating unlawful activity. For content that it merely stores at the request of a User, the Publisher acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services and benefits from the liability regime provided for by its Article 6, on the terms restated by French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (loi pour la confiance dans l’économie numérique).

8.5 Any unlawful content accessible through the Platform may be reported to contact@sanfytech.com. In accordance with Article 16 of Regulation (EU) 2022/2065, the notice contains: a sufficiently substantiated explanation of the reasons why the content is alleged to be unlawful; a clear indication of its exact electronic location; the name and e-mail address of the person submitting it, except where it concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU; and a statement confirming their good faith. The Publisher acknowledges receipt without undue delay, examines the notice diligently, in a non-arbitrary and objective manner, promptly removes or disables access to any content whose manifestly unlawful nature becomes apparent to it, and notifies its reasoned decision to the person who submitted the notice together with the available means of redress. It informs the User concerned and, where applicable, the Client. In accordance with Article 17 of that Regulation, the Publisher provides the User whose content is removed or disabled, or whose access to the Service is restricted, with a statement of reasons setting out the facts complained of, the basis for the measure, its scope and duration, whether or not automated means of detection were used, and the available means of redress.

8.6 The Online Services operated by the Publisher are backed up daily, with backups encrypted at source before transfer, located as follows: backups encrypted at source before transfer; primary copy kept within the European Union (Germany) and mirror copy kept in France. The frequencies, retention depths and restoration arrangements applicable to a given Online Service are set by the Contract. These backups serve a business continuity objective and do not relieve the User or the Client of the need to keep their own copies of the User Content that is essential to them. Encryption of the storage volumes of the production systems is the subject of a roll-out plan whose deadline is stated in the technical annex to the Contract.

Article 9. Availability, maintenance and changes

9.1 The Publisher endeavours to keep the Platform permanently accessible and uses reasonable means to ensure its proper operation. Under these Terms of Use, it is bound by a best-efforts obligation (obligation de moyens) within the meaning of Article 1231-1 of the French Civil Code.

9.3 The Publisher may interrupt access to all or part of the Platform for maintenance, updates and technical changes. Scheduled operations are announced to the Users concerned at least forty-eight (48) hours in advance where the nature of the operation allows, and carried out as far as possible outside working hours.

9.4 Emergency maintenance operations, in particular the application of a critical security patch or the response to an ongoing incident, may be carried out without notice. The Publisher informs the Users concerned as soon as possible.

9.5 The Publisher may change the Platform, its features, its ergonomics and its technical components. The removal or substantial modification of a feature of an Online Service covered by a Contract is announced to the Client with reasonable notice of at least thirty (30) days, except where the removal is required by a security constraint, a statutory obligation or the discontinuation of a third-party component.

9.6 The Platform relies on infrastructure resources provided by OVHcloud SAS, 2 rue Kellermann, 59100 Roubaix, France (RCS Lille Métropole 424 761 419), whose data centres are located in Strasbourg, Roubaix and Gravelines (France), and on electronic communications networks operated by third parties. The Publisher remains responsible for the performance of the services entrusted to its own technical subcontractors; their failure releases it only where, in relation to the subcontractor concerned, it meets the conditions of force majeure defined in Article 9.7. The Publisher is not, however, answerable for disruptions of the internet, mobile coverage, or the User’s device or internet access provider, nor for the failure of a third-party service chosen, imposed or administered by the Client.

9.7 Performance of these Terms of Use is suspended in the event of force majeure within the meaning of Article 1218 of the French Civil Code. The following, in particular, may constitute an event of force majeure if they meet the conditions of that provision: a natural disaster, a fire affecting a data centre, a widespread interruption of networks or of the electricity supply, a cyberattack of exceptional scale directed against the upstream infrastructure, and a decision of a public authority preventing performance. The Party prevented from performing informs the other without undue delay, describes the mitigation measures taken and keeps the other Party informed of developments. Where the impediment is permanent, or continues beyond thirty (30) consecutive days, either Party may end access to the Online Service concerned by written notice and without compensation, without prejudice to the provisions of the Contract on reversibility and the return of User Content.

Article 10. Security and vulnerability reporting

10.1 The Publisher implements appropriate technical and organisational measures within the meaning of Article 32 of Regulation (EU) 2016/679. For the Online Services it operates, these measures include in particular: encryption of exchanges in transit using the TLS protocol, version 1.2 at least; segregation of environments in a private network not directly reachable from the internet; remote administration by cryptographic key authentication, excluding password authentication, routed through a gateway that authenticates, authorises and records sessions; centralised collection of security events; the daily encrypted backup referred to in Article 8.6; and tracking and application of security patches using an asset management tool covering the machines administered by the Publisher. The Publisher is bound in this respect by a best-efforts obligation. The roll-out status of each of these measures and, where applicable, its deadline are provided on written request sent to contact@sanfytech.com and are set out in the “Technical and organisational security measures” annex to the Contract, which prevails over this Article for the Online Services it covers.

10.2 The User does not circumvent any of these measures or obstruct their operation. They report to the Publisher, at contact@sanfytech.com, any abnormal behaviour of the Platform that might reveal a security flaw.

10.3 Responsible vulnerability disclosure. The Publisher welcomes vulnerability reports. Anyone who discovers a flaw is invited to inform the Publisher at contact@sanfytech.com or, where a security contact file compliant with RFC 9116 is published at the root of the Website, at the dedicated address it indicates, describing the vulnerability, how to reproduce it and its estimated impact. The Publisher acknowledges receipt of the report no later than the tenth Working Day following its receipt. It undertakes not to bring any proceedings, civil or criminal, against the author of a report who has complied with all of the following conditions: acting in good faith and without demanding anything in return; limiting themselves to the minimum demonstration of the vulnerability; refraining from any alteration, exfiltration or disclosure of data, any impairment of the availability of the service and any access to a third party’s data; and refraining from any publication before the flaw is fixed and, in any event, for a period of ninety (90) days from the report, unless the Publisher agrees in writing. This undertaking is given only by the Publisher and on its own behalf: it does not constitute a waiver of the rights of Clients, Users or any other third party whose systems or data may be concerned. It is without prejudice to the protection that Article L2321-4 of the French Defence Code (Code de la défense) affords to anyone who reports a vulnerability in good faith to ANSSI, the French national cybersecurity agency (Agence nationale de la sécurité des systèmes d’information).

10.4 In the event of a security incident affecting the User Content or the personal data processed by means of an Online Service, the Publisher informs the Client without undue delay, on the terms and within the time limits provided for by the Contract and by the data processing agreement entered into pursuant to Article 28 of Regulation (EU) 2016/679. Notifications to the supervisory authority and to data subjects provided for by Articles 33 and 34 of that Regulation are the responsibility of the controller.

10.5 Confidentiality. The User treats as confidential the non-public information to which access to an Online Service gives them access, in particular the operating documentation, the description of the technical architecture, the settings, the monitoring data, the financial terms and any vulnerability of which they become aware. They do not disclose it to any third party and do not use it for any purpose other than use of the Service, throughout the period of their access and for five (5) years after it ends. This obligation does not cover public information, information the User held previously without any breach, and information whose disclosure is required by law or by a competent authority, the Publisher then being informed without delay where the law permits. Information that meets the conditions of Article L151-1 of the French Commercial Code (Code de commerce) remains protected as a trade secret without time limit.

Article 11. Intellectual property in the Platform

11.1 Unless otherwise stated, the Website Content is the exclusive property of the Publisher or its rights holders and is protected by the French Intellectual Property Code, in particular its Articles L111-1 and L112-2. These Terms of Use do not entail any transfer of ownership to the User.

11.2 Any reproduction, performance, modification, adaptation, translation, publication, transmission, making available or exploitation, in whole or in part, of the Website Content, by any process and in any medium whatsoever, is prohibited without the Publisher’s prior written authorisation, subject to the statutory exceptions. Article L122-4 of that code deems unlawful any performance or reproduction in whole or in part made without the author’s consent; infringements are punishable under Articles L335-2 and L335-3.

11.3 The Publisher is the producer of the databases of the Platform within the meaning of Article L341-1 of the French Intellectual Property Code. Extraction or reuse, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of their content, and the repeated and systematic extraction or reuse of insubstantial parts exceeding the conditions of normal use, are prohibited pursuant to Article L342-1 of that code. This paragraph does not apply to User Content and the Client’s data, in which the Publisher claims no database producer’s rights; extraction and reuse of such data by the Client or by the User who has them are free, subject to the rights of third parties and the conditions of use in Article 6.2.

11.4 The software components of the Platform are protected under Articles L122-6 et seq. of the French Intellectual Property Code. The right to observe, study and test the operation of the software, and the interoperability exception, are exercised strictly on the terms of Article L122-6-1, the User being invited first to send the Publisher a request for interoperability information.

11.5 The Platform includes third-party components, in particular free and open source components, governed by their own licences, whose terms prevail for those components and, for them, take precedence over the prohibitions in Article 7.1. Some of these components are subject to reciprocal (copyleft) licences, in particular the GPL, AGPL, LGPL, MPL and EUPL, whose obligations are binding on anyone who redistributes the component concerned. The list of components, their versions and their licences is provided on written request sent to contact@sanfytech.com.

11.6 The name SANFYTECH, the logos, the domain names and the other distinctive signs of the Publisher are protected, as the case may be, under trade mark law, copyright or the action for unfair competition and free-riding (concurrence déloyale et parasitaire). Their reproduction, imitation and use are prohibited without the Publisher’s prior written authorisation, subject to lawful uses, in particular use necessary to refer to the Platform, citation of the Publisher as an accurate reference and comparative advertising carried out on the terms of Articles L122-1 et seq. of the French Consumer Code (Code de la consommation).

11.7 The Publisher grants the User, for the duration of their access and for their internal needs only, a personal, non-exclusive, non-assignable and revocable right to use the Website Content and the Online Services, to the exclusion of any other right. This right ends automatically on closure of the Account or termination of access.

11.8 Ideas, suggestions and proposals for improvement sent spontaneously by a User to the Publisher are not confidential. The Publisher may exploit them freely, without consideration and without any obligation to implement them. To the extent that such a contribution is protected by copyright, the User grants the Publisher, free of charge and on a non-exclusive basis, for the statutory term of protection and for the whole world, the right to reproduce, perform, adapt and translate it solely for the purposes of designing, developing, operating and promoting the Platform. The User cannot be held liable on account of a suggestion made in good faith.

Article 12. Features based on artificial intelligence

12.1 Certain Online Services may include an AI System, in particular for drafting assistance, document search, classification, information extraction or technical diagnostic support. Where this is the case, the User is informed of it clearly and distinguishably within the interface, in accordance with Article 50 of Regulation (EU) 2024/1689. Synthetic content produced by such a system is flagged within the interface and, where the Regulation so requires, marked in a machine-readable format making it possible to detect its artificial origin. Each Party assumes the obligations that the Regulation imposes on it according to the role it actually performs; a User who disseminates an output outside the Platform remains bound by the transparency obligations incumbent on them in their own right.

12.2 The name of the model or models used, the name of their provider, the location of processing and the data sent to the model are made known to the Client in the Contract or its annex relating to artificial intelligence or, for Users accessing the Website directly without a specific contract, in the privacy policy available at https://www.sanfytech.com/legal/confidentialite. These terms describe what each Party does. The Publisher designs, integrates, configures and operates the Service, which it puts into service under its own name; the Client or the User chooses the purpose of its use, provides the data, checks the outputs and decides on the final use. The classification of each Party under Regulation (EU) 2024/1689 results from these facts and from the provisions of that Regulation; the Parties note that, under this allocation, putting the Service into service is a matter for the Publisher. The position is different for systems that the Publisher integrates on behalf of a client and that the client operates under its own name, which are governed by the annex relating to artificial intelligence.

12.3 Outputs produced by an AI System are provided as an aid. The Publisher guarantees neither their accuracy, nor their completeness, nor their suitability for a particular need, and draws the User’s attention to the risk of erroneous but plausible statements being produced. Any output intended to serve as the basis for a decision producing legal or similarly significant effects for a person is subject to prior human approval by the User: the system prepares, the person decides. A generated output never constitutes legal, accounting, tax, medical or investment advice.

12.4 The Publisher does not use any of the User’s data or any User Content to train, pre-train or fine-tune an artificial intelligence model without prior written consent. Where it uses an application programming interface of a third-party provider, it is bound by a best-efforts obligation: it checks beforehand that that provider’s contractual terms exclude the use of the data sent for the purposes of training or improving its models, chooses, where the option exists, the configuration excluding their retention, and does not guarantee that provider’s compliance with its own commitments. The names of the providers concerned and the status of these guarantees are made known to the Client in the annex relating to artificial intelligence of the Contract and, for processing carried out by the Publisher on its own behalf, in the privacy policy. Data falling under Articles 9 and 10 of Regulation (EU) 2016/679 are excluded from the prompts sent to the model, unless the Client expressly agrees and specific measures are in place.

12.5 The User refrains from using the artificial intelligence features of the Platform for a prohibited practice within the meaning of Article 5 of Regulation (EU) 2024/1689. The User informs the Publisher before any use falling within a high-risk case within the meaning of Annex III to that Regulation, as such use may be implemented only after the Publisher’s written acceptance and under a specific contractual framework. For the persons who operate or use an AI System on its behalf, the Publisher implements the AI literacy measures provided for by Article 4 of Regulation (EU) 2024/1689: information on the capabilities and limitations of the systems used, internal rules of use, human approval of outputs and a procedure for reporting misuse. The Parties acknowledge that the status of provider of a high-risk artificial intelligence system may result from the situations provided for in Article 25 of that Regulation, irrespective of their contractual provisions. A User or Client that puts its name or trade mark on an AI System of the Platform, changes its intended purpose or modifies it substantially bears the consequences alone and informs the Publisher without delay.

12.6 Calls made to AI Systems are subject to technical logging that makes it possible to monitor consumption, detect abnormal use and handle incidents. Consumption caps, where they exist, are set by the Contract; exceeding them may lead to temporary limitation of the feature concerned.

12.7 Prompts and outputs. The prompts that the User, or the Client to which the User belongs, submits to a feature based on an AI System remain theirs; the Publisher claims no rights in them and reuses them only for the purpose of providing the Online Service, within the limits of Article 8.2. The outputs produced in response to these prompts are made available to the User, who may exploit, modify and disseminate them freely, including outside the Platform and after closure of their Account. The Publisher claims no exclusive rights in these outputs and does not guarantee that they are the subject of any such rights, since a production without a distinct human creative contribution does not meet the originality requirement laid down by Article L111-1 of the French Intellectual Property Code; nor does it guarantee the absence of similarity with pre-existing content, which it is for the User to check before any public or commercial use. The claim of ownership in Article 11.1 does not extend to prompts, outputs or User Content.

Article 13. Personal data

13.1 The processing of personal data carried out by means of the Platform is described in the privacy policy available at https://www.sanfytech.com/legal/confidentialite, which forms an integral part of these Terms of Use and prevails over them for all matters relating to such processing. It is carried out in accordance with Regulation (EU) 2016/679 and French Law No. 78-17 of 6 January 1978, as amended.

13.2 The Publisher acts as controller for the processing it carries out on its own behalf, in particular management of the Website and contact requests, management of Accounts, audience measurement, systems security and business prospecting. It acts as processor within the meaning of Article 28 of Regulation (EU) 2016/679 for the data it processes on behalf of a Client by means of an Online Service; such processing is then governed by the data processing agreement entered into with that Client, which prevails over these Terms of Use.

13.3 Data subjects have the rights provided for by Articles 15 to 22 of Regulation (EU) 2016/679, on the terms and within the limits it sets. These rights are exercised with the Publisher at rgpd@sanfytech.com or by post to the registered office, 173 rue de Courcelles, 75017 Paris, and are responded to within the time limits provided for by Article 12 of that Regulation. Where the request concerns data processed on behalf of a Client, it is forwarded to that Client, as sole controller, and the Publisher assists it.

13.4 The Publisher has not appointed a data protection officer, as such an appointment is not required under Article 37 of Regulation (EU) 2016/679. The data protection point of contact is rgpd@sanfytech.com.

13.5 The Online Services are operated on infrastructure resources provided by OVHcloud SAS, 2 rue Kellermann, 59100 Roubaix, France (RCS Lille Métropole 424 761 419). Application hosting and storage of User Content take place in data centres located in France (Strasbourg, Roubaix and Gravelines (France)). Backups are subject to the following arrangements: backups encrypted at source before transfer; primary copy kept within the European Union (Germany) and mirror copy kept in France. Services ancillary to operation (delivery and filtering of requests, transactional e-mail, monitoring and, where applicable, artificial intelligence application programming interfaces) are entrusted to sub-processors whose list, activity, country of processing and applicable safeguard are set out in the privacy policy; some of them are established outside the European Union. Each of these transfers is based on an appropriate safeguard within the meaning of Chapter V of Regulation (EU) 2016/679, namely the standard contractual clauses of Commission Implementing Decision (EU) 2021/914, supplemented where necessary by additional measures, or an adequacy decision where one applies to the provider concerned; the status of these safeguards is available to the Client on written request.

13.6 In accordance with Article 77 of Regulation (EU) 2016/679, any data subject may lodge a complaint with the CNIL, the French data protection authority (Commission nationale de l’informatique et des libertés), 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07 (www.cnil.fr), without prejudice to the effective judicial remedy provided for by Article 79 of that Regulation. Any person may also set out instructions concerning the retention, erasure and communication of their data after their death, on the terms of Article 85 of French Law No. 78-17 of 6 January 1978, as amended.

Article 14. Cookies, audience measurement and form protection

14.1 Cookies. The Platform does not place any advertising cookie, any social network cookie or any tracker measuring advertising performance. The only trackers that may be placed are those strictly necessary to provide the service expressly requested by the User, such as the authentication session cookie, the cross-site request forgery protection token and the storage of a display preference. These trackers are exempt from consent pursuant to Article 82 of French Law No. 78-17 of 6 January 1978, as amended, and to deliberation No. 2020-091 of 17 September 2020 of the CNIL adopting guidelines on cookies and other trackers.

14.2 Audience measurement. Visits to the Platform are measured using the free software Matomo, self-hosted on the Publisher’s infrastructure, without recourse to a third-party provider and without placing any cookie. The User’s IP address is truncated by two bytes before any recording, visit identifiers are pseudonymised by means of a hash renewed daily, and the “Do Not Track” signal sent by the browser is respected. Each tracked website constitutes a separate measurement scope: the data of one website are neither joined, nor compared, nor aggregated with those of another at visitor level, and no data are sent to a third party.

14.3 This processing, based on the Publisher’s legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, benefits from the consent exemption provided for audience measurement by Article 82 of French Law No. 78-17 of 6 January 1978, as amended, and by deliberation No. 2020-091 of 17 September 2020 of the CNIL, its purpose being strictly limited to producing anonymous statistics, without cross-referencing between websites, without transmission to a third party and without profiling.

14.4 Raw browsing logs collected for audience measurement purposes are deleted after thirteen (13) months. Intermediate reports that could still allow a User to be re-identified, even indirectly, are subject to the same period. Only aggregated reports and monthly and annual statistics that do not allow any re-identification are kept beyond that period, for a maximum of twenty-four (24) months for reports and without limit for statistics. The User may object to this measurement by activating their browser’s “Do Not Track” signal, which the tool honours, or by sending a request to rgpd@sanfytech.com.

14.5 Form protection. The public forms of the Platform are protected against automated submissions by the ALTCHA proof-of-work mechanism, self-hosted by the Publisher: the computation is carried out by the User’s browser and the challenge is signed on the server side, without placing any cookie, without calling a third-party service and without transferring data outside the European Union. This mechanism is supplemented by a honeypot field and, on the most exposed forms, by a limit on the number of submissions per IP address. The IP address used for this limitation is kept only for the applicable limitation window; its retention in the access logs is subject to the periods stated in 14.6.

14.6 Technical logs. The access logs and security logs of the Platform are kept for the purposes and for the periods stated in the privacy policy. They are used only for the purposes of security, evidence, diagnostics and compliance with the Publisher’s statutory obligations.

14.7 On the Website and on the Online Services published by the Publisher, the fonts, style sheets and scripts needed for display are served from the Publisher’s infrastructure: viewing them does not trigger any automatic call from the browser to a third-party service other than the Platform’s delivery chain. The User is informed that requests sent to the Platform pass through the technical providers for delivery, filtering and protection against attacks mentioned in the privacy policy available at https://www.sanfytech.com/legal/confidentialite, which have knowledge of the User’s IP address solely for routing and security purposes. Where an Online Service is based on software of which the Publisher is not the author, the Publisher does not guarantee the absence of any such call; it informs the Client of this in the documentation of the Service.

Article 15. Hyperlinks and third-party services

15.1 The Platform may contain hyperlinks to websites, resources or services published by third parties. These links are provided for the User’s convenience. The Publisher has no control over these websites, does not necessarily endorse their content and accepts no responsibility for their availability, their content, the products and services offered on them or the data processing their publishers carry out. Access to these websites is at the User’s sole responsibility, on the terms of their own contractual documents.

15.2 Creating a hyperlink to the Website is permitted for information or referencing purposes, provided that the link points to a publicly accessible page, opens in a separate window, clearly states the source and does not cause confusion as to the origin of the content, or alter or misappropriate it.

15.3 The following, however, are prohibited without the Publisher’s prior written authorisation: inserting the Website or an Online Service into a frame belonging to a third party, copying the graphic charter, any presentation likely to suggest a partnership, affiliation or endorsement by the Publisher, and any link from a website whose content is unlawful or damages the Publisher’s image. The Publisher may at any time request, in writing and with reasons, the removal of a link that does not comply with the conditions of this Article or that infringes its rights or damages its image.

Article 16. Liability

16.1 Under these Terms of Use, the Publisher is bound by a best-efforts obligation. It may be held liable only in the event of proven fault attributable to it, and only for direct, personal and certain damage suffered by the User.

16.2 The information published on the Website, in particular editorial content and documentation, is provided for guidance only: it does not constitute personalised advice and does not relieve the User of the need to obtain appropriate advice before making any decision. The pages presenting the offers are general information and constitute neither a firm offer nor a service level commitment. The characteristics of an Online Service, availability rates, support hours, location of processing, retention periods and warranties are binding on the Publisher only where they are set out in the Contract, its annexes or the accepted quote; failing that, Article 9.2 continues to apply.

16.3 Indirect and non-material damage is excluded from any compensation, in particular loss of turnover, loss of margin, loss of customers, operating loss, loss of profit, damage to image or reputation, loss of opportunity and loss of data that was not backed up by the User or the Client where it was their responsibility to do so. The exclusion of loss of data does not apply where the backup of the User Content concerned is the Publisher’s responsibility under Article 8.6 or the Contract. Monetary judgments against the User or the Client on account of a proven breach by the Publisher constitute direct damage, compensable within the limit of the cap in Article 16.4 or the cap stipulated in the Contract.

16.4 The Publisher’s liability under the Contract, for all causes combined, is limited to the higher of the following two amounts: the amount excluding tax actually paid by the Client under the Contract during the twelve (12) months preceding the event giving rise to liability, or the amount of cover stated in the Publisher’s professional liability insurance certificate with Hiscox SA, French branch (49 avenue de l’Opéra, 75002 Paris, RCS Paris 833 546 989), provided under Article 18 of the Terms of Sale. A different cap agreed in the Contract replaces the above formula in its entirety.

All claims arising from the same event, whatever the number of persons bringing them, count towards this single cap; compensation paid under these Terms of Use and compensation paid under the Contract are not cumulative for the same event. With regard to a User acting for purposes outside their commercial, industrial, craft, professional or agricultural activity, the limitations and exclusions in paragraphs 16.3, 16.4 and 16.7 are unfair within the meaning of Articles L212-1 and R212-1 of the French Consumer Code and deemed unwritten, and the Publisher’s liability is governed by the general law.

16.5 The above limitations and exclusions do not apply in the event of fraud (dol), gross negligence (faute lourde), personal injury or wilful breach of confidentiality, or in cases where the law prohibits limitation of liability. They are subject to Articles 1170 and 1171 of the French Civil Code, none of them being intended to, or having the effect of, depriving the Publisher’s essential obligation of its substance or creating a significant imbalance between the rights and obligations of the Parties.

16.6 The Publisher is not answerable for the consequences of use of the Platform that does not comply with these Terms of Use, a failure of the User’s device, browser, network or internet access provider, the presence of malicious code on the User’s workstation, or use of the Credentials attributable to the User or the Client.

16.7 The Client indemnifies the Publisher against any claim, action, judgment, costs and defence fees resulting from a breach of these Terms of Use committed by the Client itself or by the Users for whom it is answerable, from unlawful use of the Platform or from the unlawful nature of any User Content, provided that the Publisher informs it within a reasonable time and allows it to take part in its defence. A User who is not party to the Contract is bound by this indemnity only in respect of their intentional misconduct. This paragraph is not enforceable against a User acting for purposes outside their commercial, industrial, craft, professional or agricultural activity. The indemnity provided for in this paragraph does not apply to the share of the damage attributable to a breach by the Publisher, or where the claim arises from a written instruction of the Publisher. It is capped, for the same event, at the total amount excluding tax invoiced by the Publisher to the Client for the Online Service concerned during the twelve (12) months preceding that event; this cap does not apply in the event of fraud.

16.8 The Publisher’s taking out of professional liability insurance does not constitute an undertaking to cover any loss and does not extend the caps in this Article. The Publisher does not guarantee the User or the Client any assistance service in the event of a cyber crisis, as such a guarantee can result only from an express provision of the Contract. The activities and territorial scope actually covered are those stated in the up-to-date insurance certificate, provided to the Client on written request.

Article 17. Suspension, blocking and closure of the Account

17.1 The Publisher may immediately suspend, without notice and without compensation, the access of a User or of an Account where this measure is necessary to preserve the security, integrity or availability of the Platform, to bring a manifestly unlawful disturbance to an end, to comply with an order of a competent authority, or where a compromise of the Account is established or strongly suspected. It informs the User and, where applicable, the Client as soon as possible, and lifts the measure as soon as its cause has ceased.

17.2 Apart from the cases referred to in Article 17.1, suspension for breach of these Terms of Use takes place after a formal notice sent electronically that has remained without effect for fifteen (15) days. Where the suspension is attributable to a breach by the User or the Client, it does not suspend the Client’s financial obligations under the Contract. Where it results from a cause not attributable to the Client, the financial consequences of the unavailability are those provided for by the Contract.

17.3 The Account is closed automatically at the end of the Contract under which it was opened, at the request of the Client party to that Contract, at the request of the User where the Online Service allows it, or in the event of a serious or repeated breach of these Terms of Use not remedied within the time allowed.

17.4 Closure of the Account entails immediate loss of access to the Online Service. For thirty (30) days from closure, the Client may request an export of its User Content in a standard, usable format; this export is carried out free of charge within the scope defined by the data processing agreement entered into pursuant to Article 28 of Regulation (EU) 2016/679. Any migration assistance going beyond this export is invoiced on the basis of a quote accepted in advance. After that period, the User Content is deleted from the production environments within a maximum of thirty (30) days; copies remaining in the encrypted backups cease to be used and expire at the end of the applicable retention cycle, which may not exceed twelve (12) months. The arrangements for return, deletion and, where applicable, certification of deletion are set by the Contract and by the aforementioned data processing agreement.

17.5 Closure of an Account does not give rise to any compensation for the User. It does not affect the rights and actions the Publisher may have on account of breaches committed previously.

17.6 The provisions of these Terms of Use which by their nature are intended to survive closure of the Account remain applicable, in particular those relating to intellectual property, liability, data protection and governing law.

17.7 Any suspension, blocking or closure measure taken under this Article gives rise to the statement of reasons referred to in Article 8.5. The User or the Client may contest it in writing at contact@sanfytech.com; the Publisher reviews the measure and gives a reasoned reply within fifteen (15) days.

Article 18. Duration, amendment and archiving of the Terms of Use

18.1 These Terms of Use apply throughout the period of the User’s access to the Platform.

18.2 The Publisher may amend these Terms of Use at any time, in particular to take account of a legislative or regulatory change, a technical change to the Platform or a change in its offering. The applicable version is the one published at https://www.sanfytech.com/legal/cgu and dated at the top.

18.3 For browsing the Website only, continued browsing after a new version has been published constitutes acceptance of it. The new version applies only to access after its publication; earlier facts remain governed by the version then in force, which the Publisher provides on written request on the terms of Article 18.5.

18.4 For the Online Services, any substantial amendment of these Terms of Use is brought to the attention of the Users concerned at least thirty (30) days before it comes into force and to that of the Client at least three (3) months before that date, in accordance with Article 4.4 of the Terms of Sale, by e-mail or by a notice displayed in the Service. No amendment of these Terms of Use may affect the price, the scope of the Professional Services or the service levels agreed in the specific contract, which may be amended only by a written amendment (avenant). A User who refuses a substantial amendment may request closure of their Account free of charge before the date on which it comes into force. A Client that refuses a substantial amendment unfavourable to it may terminate the Contract, without compensation and without any notice other than that needed for reversibility, by written notice sent before that same date. Failing notice within that period, the amendment is deemed accepted.

18.5 The Publisher keeps the successive versions of these Terms of Use and, on written request sent to contact@sanfytech.com, provides the version applicable on a given date.

Article 19. Miscellaneous

19.1 These Terms of Use, supplemented where applicable by the Terms of Sale, the Contract and the privacy policy, constitute the entire agreement of the Parties on the use of the Platform and supersede any prior communication or proposal on the same subject matter.

19.2 If any provision of these Terms of Use is declared void, unlawful or unenforceable by a competent court or authority, it is deemed unwritten. The other provisions remain in full force. The Parties then confer in order to replace it with a valid provision having an equivalent economic and legal effect.

19.3 The Publisher’s failure, at any given time, to rely on a breach of these Terms of Use may not be interpreted as a waiver of its right to rely on it subsequently.

19.4 Unless otherwise provided, notices under these Terms of Use are validly sent by e-mail, to contact@sanfytech.com for the Publisher and to the last e-mail address declared by the User or the Client. Notices relating to a breach, a suspension or a closure of an Account are also confirmed by registered letter with acknowledgement of receipt where their recipient is identified by a postal address.

19.5 The User may not assign or transfer the rights they derive from these Terms of Use. In accordance with Article 1216 of the French Civil Code, the User gives advance consent to the assignment of these Terms of Use by the Publisher to any company in its group or to any third party in connection with a merger, a partial transfer of assets or a transfer of its business, provided that the User’s rights are not diminished as a result. The assignment is recorded in writing and takes effect with regard to the User from its notification, sent by e-mail or by a notice displayed in the Service.

19.6 These Terms of Use are drawn up in French. In the event of translation, only the French version is authentic.

19.7 For any question relating to these Terms of Use, the User may contact the Publisher:

19.8 The publication director of the Website, within the meaning of Article 93-2 of French Law No. 82-652 of 29 July 1982 on audiovisual communication, and the name, registered office and contact details of the hosting provider, are given in the legal notice available at https://www.sanfytech.com/legal/mentions-legales, in accordance with French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, as amended by French Law No. 2024-449 of 21 May 2024 to secure and regulate the digital space.

Article 20. Governing law and competent court

20.1 These Terms of Use are governed by French law, excluding its conflict of laws rules and any international convention that is not of mandatory application.

20.2 In the event of a dispute relating to the formation, interpretation, performance or termination of these Terms of Use, the Parties endeavour to reach an amicable settlement. The first Party to act sends the other a written complaint setting out the subject of the dispute; failing agreement within thirty (30) days of its receipt, the dispute may be brought before the competent court. The Parties expressly agree that this attempt at amicable settlement is not a condition for the admissibility of legal proceedings and may not form the basis of a ground of inadmissibility (fin de non-recevoir) within the meaning of Article 122 of the French Code of Civil Procedure (Code de procédure civile). It does not prevent an application to the judge hearing urgent applications (juge des référés), an order for payment procedure, a protective measure or any act interrupting the limitation period.

20.3 The Parties make no contractual choice of jurisdiction: failing amicable agreement, the dispute is brought before the competent court under the general rules of law, without prejudice to the mandatory rules of jurisdiction, in particular those of Regulation (EU) 1215/2012, from which a User may benefit.

20.4 Publication, version and archiving. These terms of use are published and permanently accessible at https://www.sanfytech.com/legal/cgu. They bear the version number and date shown at the top and come into force on the date of their publication; for any subsequent access, they cancel and supersede the previous version. Any change to the content entails an increment of the version number. The Publisher keeps the successive versions and supplies a copy to any User or Client who requests one in writing at contact@sanfytech.com. The version binding on a User is the one that was accessible at that address on the date of the access or use in question.