Legal Center

The website accessible at the following address: https://say-digital.io (hereinafter the "Site") as well as the platform entitled "SAY Digital I/O", available from the following address: sandbox.say-digital.io (hereinafter the "Platform"), is the property of Say Digital simplified joint-stock company, capitalized at 5.000 euros, registered with the R.C.S. of Paris under number 812 926 293, headquartered in 66 Avenue des Champs Elysées – 75008 Paris (hereinafter "Say Digital") which, in its capacity as the person responsible for processing personal data, attaches great importance to the protection and respect of privacy.

The purpose of this privacy policy is to inform, while browsing the Site and/or using the Platform, any person using the Site and/or the Platform (hereinafter the "Users" or "User") of Say Digital's practices regarding the conditions of collection, use and sharing of information that Users are required to provide as well as their rights.

The Site and the Platform comply with French and European legal standards regarding the protection of privacy and personal data, and in particular with the French law n°78-17 of January 6, 1978, named "Informatique et Libertés", amended by law 2004-801 of August 6, 2004, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, named the "GDRP", regarding the protection of individuals with regard to the processing of personal data and the free circulation of such data.

1. Person responsible for processing the personal data collected

The person responsible for processing personal data is Say Digital.

2. Nature of the data collected

The data collected on the Site and/or the Platform in the context of the use of the services are those enabling Say Digital to identify Users directly or indirectly and to provide the Services.

This may include the following categories of data concerning its Users :

• civil status, identity, identification data such as surname or corporate name, first name, pseudonym, email address, postal address, date of birth, phone and mobile numbers; and/or
• connection data such as IP address and navigation data such as cookies;
• banking data necessary to purchase the services offered by Say Digital.

Users who communicate personal data of a third party must confirm that they have the consent of the third party to the exploitation by Say Digital, to the publication and/or distribution on the Site and/or on the Platform of the latter's personal data.

3. Purpose of the personal data collected

3.1. The personal data collected on the Site and/or through the Platform are used only for and during the execution of services for the following purposes :

• User registration and authentication; and
• sending notifications to the User for :
• keep the User informed, by email, of the latest news and/or offers from Say Digital;
• sending system messages (for example, notifications of invoices, domain name renewals, forgotten passwords, validation or infringement tickets, etc.);
• communicating various information relating to Say Digital's services; and/or
• transmit to the User information about offers from Say Digital's partners.

In addition, Say Digital may use and/or keep the data to meet, where appropriate, its legal and/or regulatory obligations.

3.2. Aggregation with non-personal data

Say Digital reserves the right to publish, disclose and use aggregated information (information about Users or specific groups or categories of Users combined so that an individual User can no longer be identified or mentioned) and non-personal information for industry and market analysis, demographic profiling, promotional and advertising purposes and other commercial purposes.

4. Timing of data Collection

The data collected by Say Digital is freely communicated by Users while browsing the Site and during their registration on the Platform.

They can also be collected automatically while using the Site and/or the Platform, in particular when the User :

• navigates on the pages of the Site without having created an account and/or using the Platform;
• creates an account on the Platform; and/or
• sends a request to Say Digital via the contact form or by email ;
• exchanges with the chat tool "SandBox" ;
• makes a ticket request (for validation and/or incident) ;
• uses the application or site developed by Say Digital, in its capacity as host.

In any case, the personal data collected :

• will be obtained and processed fairly and lawfully ;
• will be recorded for determined and legitimate purposes ;
• will be used in accordance with these purposes ;
• are adequate, relevant and not excessive in relation to these purposes ; and
• will take precautions to ensure the security and confidentiality of the data in order to prevent it from being damaged, modified, destroyed or communicated to unauthorized third parties.

5. Consent

This privacy policy is systematically brought to the attention of Users when they register on the Platform. Indeed, the creation of an account implies the User's express, full and complete acceptance of this confidentiality policy.

By ticking the box: "I acknowledge having read and understood the general subscription terms and conditions, the general terms and conditions of use and the privacy policy and I accept it", the User consents to his personal data being stored and processed by Say Digital and/or its possible partners.

IMPORTANT: NOTE TO USERS

ANY NAVIGATION ON THE SITE AND/OR USE OF THE PLATFORM AFTER THE PUBLICATION OF THIS PRIVACY POLICY CONSTITUTES ACCEPTANCE OF THIS POLICY WITHOUT RESERVE.

If the User wishes to withdraw his consent to the processing of his data, he simply needs to go to his account and request it using the forms offered on the Platform or to request it directly by e-mail at the following address : response@say-digital.io.

Furthermore, assuming that it is required by law and/or in certain circumstances, the User's consent will be collected, or a possibility of refusal will be provided before any data is transmitted.

6. Recipients of personal data

6.1. The recipient of personal data collected on the Site and/or through the Platform is first and foremost Say Digital.

6.2. In its capacity as host of the Website and/or application, Say Digital is the recipient of personal data collected on the hosted platforms.

Personal data is not communicated to third parties. However, other recipients may have access to personal data. These are, where appropriate, the service providers in charge of the Site and/or the Platform (administration, sales, marketing, legal etc.) of Say Digital and its external service providers (technical service providers, access providers, communication agencies etc.).

6.3. In the event of a change of control of Say Digital, a merger, acquisition, collective proceedings or any other form of asset disposals, the data collected by Say Digital may be transferred to third parties. Nevertheless, Say Digital is committed to guaranteeing the confidentiality of the personal data collected and to informing Users before such data is transferred or subjected to new confidentiality rules.

In the event that this is required by law, the User's consent will be obtained, or a possibility of refusal will be arranged before any data is transferred.

7. Rights of Users

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "GDRP" relating to the protection of individuals with regard to the processing of personal data and to the free circulation of such data and with Law no.78-17 known as the "Informatique et Libertés" law of 6 January 1978, amended by Law 2004-801 of 6 August 2004 relating to information technology, files and liberties, the User has the right to access, modify, correct and delete any personal data :

• a right of access to his personal data ;
• the right to modify his personal data ;
• the right to rectify his personal data ;
• the right to delete and erase their personal data ;
• the right to object to the use of their personal data ;
• the right to limit their data ; and
• a right of portability of its data.

Users wishing to exercise one of their rights may send their request by e-mail or post to the following addresses :

• Postal mail : 66 Avenue des Champs Élysées - 75008 Paris, FRANCE
• Email : response@say-digital.io

In the event of exercising one of these rights, the User must send Say Digital the elements necessary for identification: surname, first name, email and possibly his/her postal address.

Moreover, in accordance with the regulations in force, their application must be signed, accompanied by a photocopy of an identity document bearing their signature, be clear and specify in detail the right they wish to implement and the address in which they wish to receive the reply in the event of implementation of one of the rights listed above.

Say Digital then undertakes to reply within a maximum period of one (1) month following receipt of the User's complete request.

Due to the complexity of the request and/or the number of requests, this deadline may be extended to two (2) months on condition that Say Digital informs the User within one (1) month of receipt of the request of the reasons for the postponement.

SAY Digital informs Users of their right to lodge a complaint with the National Commission for Information Technology and Civil Liberties (hereafter the "CNIL") in one of the ways indicated below:

• By phone : +33 1 53 73 22 22
• By fax : +33 1 53 73 22 00
• Via the CNIL website : www.cnil.fr/fr/plaintes ou www.cnil.fr
• By postal mail :
  Commission Nationale de l'Informatique et des Libertés - CNIL
  3 Place de Fontenoy
  TSA 80715 - 75334 PARIS CEDEX 07.

8. Data retention period

8.1. Retention of data for the duration of the contractual relationship

The personal data of the Users collected is not kept beyond the time necessary for the performance of the obligations defined at the conclusion of the contract or the predefined duration of the contractual relationship, except for data that Say Digital may need to keep as evidence, for legal or administrative purposes or in accordance with the legislation in force.

8.2. Retention of anonymized data beyond the contractual relationship / after deletion of the account

SAY Digital keeps the personal data of Users collected for the duration strictly necessary to achieve the purposes described in this privacy policy.

If the User entrusts the creation of his digital platform (website or application) to Say Digital or the hosting of his data, Say Digital in its capacity as host will keep the personal data from this platform, even in case of deletion of the User account.

In case of termination of the contract or closure of the User's account, Say Digital will keep for one (1) year from the date of termination of the contract or closure of the account the information provided at account opening., i.e. :

• the identifier used to create the User's account ;
• the first and last name ;
• the associated postal addresses ;
• the pseudonyms used ;
• the associated e-mail or account addresses ;
• telephone numbers ;/li>
• the password as well as the data enabling it to be checked or modified, in their latest updated version.

Navigation data will be kept for a maximum of six (6) months in accordance with the recommendations of the CNIL.

Beyond this period, they will be anonymized and kept exclusively for statistical purposes and will not be used for any other purpose of any kind.

8.3. Deletion of data after deletion of the User's account

Means of wiping collected Users' personal data are put in place in order to provide for its effective deletion as soon as the conservation or archiving period necessary to achieve the determined or imposed purposes is reached.

8.4. Deletion of data after a period of inactivity

For security reasons, if the User has not authenticated on the Platform for a period of one (1) year, the User will receive an email inviting him/her to log on as soon as possible, otherwise the User's personal data will be deleted from Say Digital's databases.

9. Links

When using the Site and/or the Platform, and more particularly when consulting the Frequently Asked Questions (i.e. "FAQ"), Say Digital reserves the right to make recommendations for services provided by third parties or potential partners. Users may have access to different links directing them to third party sites and/or the sites of potential partners.

Say Digital will not be responsible for the information that is sent to these third parties or collected by them.

This privacy policy does not govern third party sites or third-party content accessed by the User.

Say Digital has no control over hypertext links and/or other promotional formats.

Consequently, Say Digital gives no guarantee concerning the personal data protection practices of the indexed websites and cannot be held liable in the event of a dispute arising between a website indexed on the Site and/or on the Platform and one of the Users, in particular due to losses or damage suffered, the operators of the indexed websites being solely responsible for their personal data protection practices.

10. Cookies

A cookie is a text file that may be stored in a dedicated space on the hard disk of the User's computer when consulting an online service using his/her browser software.

In practice, cookies are small text files that are placed on the User's computer by the websites that the User visits. They are used to make the websites work and improve the ease of use of the websites.

The cookie is transmitted by a website's server to the User's browser. Each cookie is assigned an anonymous identifier. A cookie cannot be traced back to a natural person.

When consulting the Site and/or using the Platform, Users are informed that cookies or other means of recording browsing data are used by the Site and/or the Platform, in particular Google Analytics or by third parties, service providers for the Site and/or the Platform and placed on the User's terminal (computer, mobile or tablet).

SAY Digital or its partners such as Google Analytics may install, subject to the User's acceptance, various cookies and in particular :

• session cookies, which disappear as soon as the User leaves the Site and/or the Platform ;
• permanent cookies, which remain on the User's terminal until the end of their lifetime or until the User deletes them using the functions of his browser ; and
• statistics cookies (enabling the Site's audience to be measured).

Only the issuer of a cookie can read or modify the information contained therein.

In accordance with the recommendations of the CNIL, the first time the User connects to the Site, he/she will be expressly asked to accept the Site's cookies.

10.1. Purpose of cookies

The cookies used by Say Digital or its partners make it possible to identify Users, to recognize their browser when they connect to the Site and/or the Platform, to record their access frequencies (traffic measurement) and their preferences for displaying the Users' terminal, to adapt and/or personalize the presentation of the Site and/or the Platform to improve the Users' experience and to optimize the Site and/or the Platform for the sole purpose of providing the services requested by the User.

In addition, the cookies used on the Site and/or Platform are based on the International Chamber of Commerce's category guide :

• strictly necessary ;
• functionality.

10.1.1. Strictly necessary cookies

Cookies, which are strictly necessary, enable the User to navigate on the Site and/or on the Platform.

These cookies do not collect any information concerning the User that could be used for marketing purposes.

Say Digital uses these cookies to :

• ensure the functioning of the Site and/or the Platform and/or the Services ;
• secure the Site and/or the Platform and/or the forms and protect them against malicious scripts.

SAY Digital does not use these cookies for :

• collect information that could be used to promote products or services to Users ; or
• keep a record of your preferences or username after your visit.

10.1.2. Functionality cookies

These cookies are used to provide services or to store the User's parameters in order to improve their visit to the Site, their experience on the Platform and/or the use of the Services.

SAY Digital does not use cookies to collect personal information that could be used to promote products or services for the User on other sites.

10.2. Storage duration of cookies

In accordance with the recommendations of the CNIL, the storage period for cookies is set at a maximum of thirteen (13) months after their first deposit in the User's terminal, as is the duration of the validity of the User's consent to the use of these cookies. The lifetime of the cookies is not extended with each visit. The User's consent must therefore be renewed at the end of this period.

10.3 User's right to refuse cookies

While the first time browsing the Site, a banner explaining the use of cookies appears. It allows the User to activate or deactivate certain cookies. It will only disappear once the User has accepted the use of cookies to continue browsing.

The registration of a cookie remains subject to the will of the Users. In accordance with legal and regulatory provisions, Say Digital obtains prior consent to the deposit of cookies.

Users therefore have the possibility of configuring their browser software to totally or partially (depending on the issuer) oppose the registration of cookies. The configuration also offers the possibility of accepting or refusing cookies on an ad hoc basis, before they are saved in the Users' terminal.

Therefore, Users who wish to prevent cookies from being saved can follow the procedure specific to each browser and described in the browser's help menu.

• Chrome https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=fr
• Internet Explorer https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
• Edge https://privacy.microsoft.com/fr-fr/windows-10-microsoft-edge-and-privacy
• Safari https://support.apple.com/fr-fr/guide/safari/manage-cookies-and-website-data-sfri11471
• Firefox https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
• Opera http://help.opera.com/Windows/9.20/fr/cookies.html

However, in case of opposition to the registration of cookies or the uninstallation of a cookie, Users are informed that certain services may no longer function correctly.

11. Transfer of personal data abroad

Say Digital processes User data only within the European Union and does not transfer this data outside this area.

Nevertheless, in the case of international transfers outside the European Union, a distinction must be made :

• countries that have been the subject of an adequacy decision by the European Commission: in this case, the Data is transferred to a country ensuring a level of protection deemed sufficient and adequate to the provisions of European data protection regulations ; and
• countries whose level of data protection has not been recognized as adequate: in this case, to guarantee a transfer in compliance with European regulations, and in particular to ensure data security, Say Digital will base its transfer on protection mechanisms adapted to each service provider and sub-contractor, such as the conclusion of standard contractual clauses approved by the European Commission, the application of binding company rules or under an approved certification mechanism.

12. Security

Say Digital undertakes to implement the appropriate technical and organizational measures that are reasonably necessary with regard to the regulations applicable to the protection of personal data, including protection against unauthorized or illicit processing and against accidental loss, destruction or damage, in order to guarantee a level of security adapted to the risks incurred for the rights and freedoms of natural persons in the context of the processing referred to in this privacy policy.

When personal data is transferred to third parties for processing, Say Digital ensures that these third parties implement all appropriate technical and organizational measures to ensure the protection of personal data in accordance with applicable laws.

These measures are defined taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing as well as the identified risks.

Depending on the needs, risks, costs and purpose of processing, these measures may include pseudonymization and encryption of data.

This protection can be ensured by the indication "https" in the URL address of the browser as well as by the representation of a closed padlock at the bottom of the screen.

Finally, in the event of a violation of the rights concerning personal data that may create a high risk for the rights and freedoms of the User, Say Digital undertakes to inform the User of this violation within a maximum period of seventy-two (72) hours.

13. Privacy policy Changes

Say Digital reserves the right to modify and update, at any time, this privacy policy, in particular to take into account any legal and/or jurisprudential developments and to meet the requirements of the regulations applicable to the protection of personal data.

Say Digital will inform Users of important modifications or updates to this policy by email.

The version that prevails is that which is accessible online on the day the Site is consulted and/or when using the Platform.

Any consultation of the Site and/or use of the Platform after the publication of the modified privacy policy implies the User's unreserved acceptance of the new privacy policy.

14. Contacts

14.1. For any request for information or to find out more about the processing of his/her personal data, including the exercise of his/her rights indicated above, the User may contact Say Digital from his/her account using the SandBox contact form or by email or post at the following address :

• Email : response@say-digital.io
• Postal mail : 66 avenue des Champs Élysées - 75008 Paris, FRANCE

14.2. For any complaint or dissatisfaction in connection with the use of their personal data by Say Digital, the User may contact Say Digital using the SandBox contact form or by e-mail or post at the following address :

• Email : response@say-digital.io
• Postal mail : 66 avenue des Champs Élysées - 75008 Paris, FRANCE

14.3. When the User contacts Say Digital, they will be asked to identify themselves.

ARTICLE 1. - GENERAL PROVISIONS

The services offered by Say Digital, simplified joint stock company capitalized at five thousand euros (€5,000), registered with the Paris Trade and Companies Register and headquartered in 66 avenue des Champs-Élysées, 75008 Paris (hereinafter "Say Digital") through the platform entitled "SAY Digital I/O", accessible from the following address: sandbox. say-digital.io, allow users to obtain support services for the design and creation of websites, software, and applications, using various functionalities.

The identity of the publication director and host are listed in the legal notices accessible on the Say Digital website available at www.say-digital.io.

Say Digital provides users with a glossary accessible on the Say Digital website.

Access to and use of the services offered by Say Digital through its "SAY Digital I/O" platform are subject to the present general conditions of use and imply the express, prior, full and complete acceptance by users of these, of the general subscription conditions, any special subscription conditions and/or quotes, the legal service agreement (i.e. "SLA") and Say Digital's privacy policy.

Say Digital recommends users to keep a printed version of the general terms and conditions of use applicable at the time of use of the services for their personal archives.

For any questions relating to the use of the "SAY Digital I/O" development platform and/or the services offered by Say Digital, users can contact Say Digital :

• by post at the following address : SAS Say Digital, 66 avenue des Champs-Élysées, Immeuble D, 75008 Paris ; ou
• by e-mail at the following address : response@say-digital.io.

ARTICLE 2. – DEFINITIONS

• « Account » : refers to the account created by the User, accessible from the Site and which enables User to subscribe to and use the Services ;
• « CSC » : refers to the general subscription conditions setting out the terms and conditions of subscription to the Services via the Site by the Users ;
• « Compte » : désigne le compte créé par l’Utilisateur, accessible à partir du Site et permettant à l’Utilisateur de s’abonner et d’utiliser les Services ;
• « GTC » : refers to the present general terms and conditions of use of the Services setting out the terms and conditions of access and use of Say Digital's Services ;
• « Platform » : refers to the platform entitled " SAY Digital I/O ", accessible from the following address: sandbox.say-digital.io, similar to Say Digital and accessible from the Site, which is the User's client space allowing the User to access the Services, administer their teams and infrastructure, manage their invoicing (quotes, invoices, etc.) and access their IT support ;
• « Services » : refers to the services offered by Say Digital through the Platform and enabling Users to obtain advice and support services in the creation of computer systems and software, particularly through several functionalities ;
• « Site » : refers to Say Digital's Internet site, accessible at the following address: www.say-digital.io, from which Users can subscribe and access the Services. The Site includes all computer components (in particular software and computer developments and web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, user documentation relating to the use and operation of the website), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content, in particular texts, sounds, still or animated images, videos and databases;
• « User » : refers to any natural or legal person who has created an Account for professional purposes and who accesses and uses the Services.

ARTICLE 3. – SUBJECT MATTER - ENFORCEABILITY

The purpose of the GTC is to define the terms and conditions under which Users access and use the Services accessible from the Platform.

The GTC are systematically brought to the attention of Users at the time of the creation of their Account (more precisely at the time when Say Digital's system retrieves and archives Users' IP addresses) to enable them to access and use the Services. They apply exclusively to any use of the Services and prevail over all other conditions, except those that have been expressly accepted by Say Digital. Consequently, any other condition is only binding on Say Digital after written confirmation from Say Digital.

IMPORTANT: NOTE TO USERS

ANY USE OF THE SERVICES IMPLIES THE EXPRESS, PRIOR, FULL, IRREVOCABLE AND COMPLETE ACCEPTANCE BY THE USERS. BY TICKING THE BOX: "I have read and accept the general conditions of use" AND ACCEPTING THEM WHEN ACTIVATING THE SERVICES, THE USER ACKNOWLEDGES THAT HE IS BOUND BY ALL THE GTC.

ARTICLE 4. – PRECONDITIONS FOR THE USE OF THE SERVICES

4.1. The use of the Services implies that Users :

• (i) have an internet connection ;
• (ii) have a smartphone and/or a computer and/or a tablet connected to an internet network ;
• (iii) access the Site ; and
• (iv) create an Account in accordance with the terms and conditions set out in article 6.1 of the GTC.

4.2. Users guarantee that they have full legal capacity to use the Services, and in particular :

• (i) being of legal age ;
• (ii) having legal capacity and full possession of their intellectual or cognitive means (and in particular not being in a state of dependency, under guardianship and/or trusteeship) ;
• (iii) having the necessary powers to bind the company they represent ;
• (iv) not being a competitor of Say Digital and/or not using the Services and/or the Platform for the purpose of competing with Say Digital, in a fraudulent manner and/or in such a way as to harm Say Digital's interests; and/or
• (v) having the necessary powers to bind the company they represent ;

4.3. Say Digital cannot be held liable in the event of use of the Services by persons who do not meet the conditions set out in Articles 4.1 and 4.2 of the GTC.

ARTICLE 5. – ACCESS, AVAILABILITY AND INTERRUPTION OF THE SITE, PLATFORM AND SERVICES S

5.1. Say Digital implements all reasonable means at its disposal to ensure quality access to the Platform and Services. The Platform and Services are accessible via the Site seven (7) days a week (7) and twenty-four (24) hours a day (24).

They are accessible throughout the duration of the User's subscription until the User decides to terminate it in accordance with the terms and conditions set out in the GTC and/or deactivate his Account in accordance with the terms and conditions set out in Article 6.6 of the GTC.

However, due to the nature of the Internet, Say Digital does not guarantee operation and access to the Services seven (7) days a week and twenty-four (24) hours a day.

Say Digital does not act as an Internet service provider. As such, Say Digital cannot guarantee either the quality of the Internet connection or the absence of interruption to the network itself.
Say Digital can also not be held responsible for any deterioration or loss of data due to a network malfunction or any other reason beyond its control and, in general, for any deterioration or malfunction.

5.2. Say Digital undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. In this respect, Say Digital reserves the right to interrupt the operation of all or part of the Site and/or the Platform and/or the Services at any time, with or without notification, particularly in order to ensure corrective and evolutionary maintenance of the latter, or to develop its content or presentation. As far as possible, Say Digital will inform Users prior to any corrective or upgrade maintenance operation.

However, Say Digital cannot be held responsible for momentary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disturbances in the telecommunications networks.

Say Digital may terminate the Services if (i) the User violates one of the provisions of the GTC, the CSC, or any other document that is part of the contractual package to which the User has agreed to be bound and has not corrected this violation within the time allowed; (ii) if the fees due are not paid; (iii) if a third party provider ceases to make all or part of the Services available, and Say Digital is unable to provide replacement services as described in these GTC; (iv) if the User is involved in a judicial liquidation or any insolvency proceedings; or (v) if Say Digital is legally obliged to do so.

5.3. In addition, Users acknowledge that the Site and/or the Platform and/or the Services may be interrupted for reasons beyond Say Digital's control and that Say Digital cannot therefore guarantee continuous access to the Site and/or the Platform and/or the Services.

In any event, Say Digital cannot under any circumstances be held responsible for any interruption and/or malfunction of the Site and/or Platform and/or Services, whatever the cause.

Users are invited to inform Say Digital of any technical problem they encounter during their browsing and/or use of the Site and/or Services, by writing to the following address : response@say-digital.io and describing the problem encountered.

ARTICLE 6. – REGISTRATION AND ACCOUNT CREATION

6.1. Creating an Account

To benefit from the Services, Users must create an Account from the Site and subscribe.

To do so, they must :

• (i) Click on the "Register" tab ;
• (ii) Complete the online registration form with the following information :
• First name
• Name
• Email
• Password
• Company
• Phone
• Address
• City
• Postal code
• Region
• Country
• (iii) Tick the box "I have read and accept the Terms and Conditions of Use". After accepting the Terms and Conditions by ticking the box created for this purpose, the User is deemed to have electronically signed the GTC;
• (iv) Then click on the tab "Let's go !».

The User will receive a welcome email asking him to confirm his email address in order to complete his registration. Say Digital reminds Users that they are responsible for the mailbox linked to the email address provided, for the storage, free space and proper functioning of said mailbox. In addition, Say Digital is authorized to resend messages to the User, if the maximum capacity of his mailbox is reached. The User must then take the necessary steps to clean out his mailbox within a maximum of fourteen (14) working days.

Then the User comes to an information page entitled "Start a Project" asking him to click on the "Start" tab.

The User must then answer several questions about the planned project, the company to which he belongs and the needs (particularly digital) of his company. For each question, the User will arrive on a new page and must click on the "Next" tab.

Once all the answers have been provided, the User will arrive on a new page indicating that the questions are finished and that he is invited to click on the "Access my SandBox customer area" tab.

It is expressly agreed that the SandBox client space is a private interface accessible on the Say Digital website that allows the User to exchange with Say Digital and the Say Digital teams. All exchanges between the User and Say Digital will be made from the SandBox client space and/or via the following email address : response@say-digital.io. Furthermore, the User acknowledges and accepts that Say Digital does not provide any guarantee that an answer will be taken into account and/or delivered if the exchange is made through another channel.

Once all the answers have been provided, the User will be taken to a new login page where they must enter their email address and password and then click on the "Login" tab.

The User arrives then on his dashboard (i.e. "Dashboard").

6.2. Creating a sub-account

From his account, the User will have the possibility to create sub-accounts and will be able to assign a specific role to each sub-account.

To do so, the User must click on name in the top right-hand corner of the Platform, and then click on the drop-down menu on "Contact Management".

The User then accesses a page on which he can go to the "Activate a sub-account" area and check the box "Check to authorize and configure access to the customer area".

A drop-down menu then appears with different choices of permissions for the sub-account to be checked. The User will also be prompted to enter a password for this sub-account.

In addition, the User will have the possibility to delete the created sub-accounts at his own choice.

Say Digital reminds Users who are solely responsible for the access rights assigned to each sub-account created and for the use made of each sub-account.

6.3. Identification

The Account is protected by identification elements, an identifier (email address) and a password, which are placed under his exclusive responsibility.

The User can access his Account at any time using his identifier and password via the "Connection" tab on the Site

If a User has lost or forgotten his/her password, the User may request a new password through the Website by going to the "Login" tab and clicking on the "Forgotten Password" tab.

6.4. Sécurity

The User's password is personal and confidential. The User is responsible for maintaining the confidentiality of the password. The User assumes sole responsibility for all connections made using his or her login and password.

The User commits himself to keep them secret and not to divulge them in any form. If one of the elements of the Identifier is lost or stolen, the User must inform Say Digital without any delay, which will then proceed to cancel and/or update the Identifier concerned.

The User is entirely responsible for safeguarding the confidentiality of the password. In this context, at the end of each session, the User is required to ensure that he or she has effectively disconnected from the Platform, in particular when accessing the Site from a public computer.

In case of suspicion of fraudulent use of his Account by the User, the User must notify Say Digital as soon as possible at the following address : response@say-digital.io so that Say Digital can take all measures to remedy the situation.

Say Digital cannot be held responsible for usurpation and/or fraudulent use of an Account in case of unauthorized, fraudulent or abusive use or due to voluntary or involuntary disclosure by the User to a third party who would have accessed the Site with his identification elements.

6.5. Accuracy of information

The User undertakes to provide true, accurate, up-to-date and complete information on his identity and on the identity of the company he represents, in accordance with article 6-II of law no.2004-575 of 21 June 2004 on confidence in the digital economy. In particular, he undertakes not to create a false identity likely to mislead Say Digital or third parties and not to usurp the identity of another legal or natural person. The User undertakes to immediately update the data he has communicated in the event of a change in the said data.

Any registration containing inaccurate information will not be taken into account.

In the event that the User provides false, inaccurate, erroneous, outdated, incomplete, misleading or misleading information, Say Digital may, immediately without notice or compensation, suspend or terminate his Account and refuse him access, temporarily or permanently, to the Site and/or the Platform and/or the Services. Furthermore, Say Digital cannot be held liable in any way in the event of non-performance and/or partial performance of the subscription linked to the supply of information of this nature.

6.6. Account deactivation

The User's Account remains active for as long as :

• it is registered on the Platform; and
• that it pays for the subscription to the Services.

As soon as the User no longer pays the subscription, access to the Services is deactivated, on the understanding that the User will still be able to access his Account but will have no access to the Services unless he takes out and pays for a new subscription to the Services. Indeed, access to the Services will end on the anniversary date of the subscription.

The User retains the right to deactivate his Account on the Platform at any time, without giving any reason. To do so, the User must send a message by email to the following address: response@say-digital.io requesting the deactivation of his Account. A copy of his identity document may be requested in order to avoid any risk of identity theft.

The unsubscription and/or deletion of an Account is definitive, the Account being irreversibly deleted, the personal data linked to it is automatically deleted and can no longer be recovered. However, it is expressly agreed that certain personal data linked to the Account will be kept for legal (and in particular accounting) reasons, in accordance with Say Digital's privacy policy accessible on the Site.

Unsubscribing and/or deleting an Account does not prevent Users from re-registering and creating an Account again with a new email. However, Say Digital reserves the right to accept re-registration and the creation of a new Account with a new email address, particularly if a dispute with the User exists.

6.7. Prohibition of access to the Account

Say Digital also reserves the right to suspend without notice access to the Account and/or the Site and/or the Software and/or the Platform and/or the Services or, depending on the seriousness of the acts, to delete the User's Account without being able to claim damages if Say Digital considers that the User has violated one of the provisions of the GTC and more particularly, without this list being exhaustive in the case of :

• non-respect of the obligations resulting from the acceptance of the GTC ;
• failure to comply with the charter of good conduct, in particular provided for in Article 8 of the GTC ;
• incidents of payment of the subscription ;
• delivery of erroneous information when creating the Account ;
• acts likely to harm the interests of Say Digital ;
• Litigation existing between the User and Say Digital ;
• during the period when the Account is blocked by Say Digital in the context of a dispute, existence and/or investigation concerning the User.

In the event of fraud, the fraudulent Account will be subject to immediate suspension or termination at Say Digital's sole discretion. Say Digital will submit any information concerning the fraudulent Account, if necessary, to local authorities and/or financial institutions.

Say Digital may refuse to deliver emails from any server hosted on its network if it believes that they are spam (i.e. "SPAM") or unwanted instant messaging (i.e. "SPIM").

Say Digital reserves the right to suspend the Account and to impose a fee of ninety euros exclusive of tax (€90 excl. taxes.) if an IP address has been blacklisted. Say Digital will identify the server from which the infringement was committed and will open an infringement ticket for the attention of the User of the server.

Abusive traffic transmitted or received by a server may result in the irrevocable termination of the subscription.

An infringement ticket informs the User that Say Digital has received infringement reports concerning him. If the User does not respond to the infringement ticket or if the server is abused, Say Digital may filter or disable ports and/or IPs in order to prevent future infringements. In the absence of a response seven (7) days after the opening of the infringement ticket, the User's server is eligible for suspension.

Say Digital will investigate all copyright infringements and complaints received and reserves the right to take legal action for any costs incurred as a result of such infringement. A copyright infringement ticket will be opened in order to notify the User and give the User forty-eight (48) hours to rectify the situation. After forty-eight (48) hours without response, the IP address involved in the complaint will be deactivated and a fee of ninety euros excluding tax (€90 excl. tax.) will be imposed.

After seventy-two (72) hours, the Account will be suspended. After seven (7) days of suspension, if the problem has not been resolved, the User's subscription will be terminated and a fee of two hundred and eighty euros excluding tax (€280 excl. tax) will be charged to the Account.

6.8. Emails and Newsletters

By creating an Account, the User is informed that he authorizes Say Digital to send him e-mail notifications to the e-mail address indicated when creating the Account. These notifications may include but are not limited to: advice and tutorials on the use of the Services, promotional offers from Say Digital and system messages (for example, notifications of invoices, domain name renewal, forgotten password, validation or infringement ticket, etc.).

The User acknowledges and accepts that he can unsubscribe from these promotional notifications (advice and tutorials on the use of the Services, promotional offers etc.) at any time by using the unsubscription link at the bottom of each email sent. However, the User will not be able to unsubscribe from system messages as these messages are essential for the proper functioning and security of the Platform and/or the Services.

ARTICLE 7. - DESCRIPTIONS OF SERVICES

7.1. Customized creation and/or development services - Only on quotation

Say Digital offers Users a service for the creation and/or development of customized websites (website, web-app, app, e-commerce, software, database) only on request. Users accept and acknowledge that these services can under no circumstances be cancelled and/or suspended and/or reimbursed for creations and/or developments already carried out, except in the cases provided for in this paragraph.

The quote includes a fixed price scale, and the User and Say Digital will establish together the estimated volume for the chosen period.

The following paragraphs only apply to Services explicitly described as "Customized creation and/or development services" on the invoice or quote if the User has chosen a formula including this type of Service.

For the use of Customized Creation and/or Development Services, these paragraphs will prevail over the previous paragraphs if they differ.

Say Digital will make available to the User the Internet site (website, web-app, app, e-commerce, software, database) (hereinafter the "Project") designated, designed and developed as well as the services relating to the latter in accordance with the terms of the GTC set out in this article, and with the conditions stipulated in the invoice or quote and/or in a specific development contract.

The User agrees to provide Say Digital with all the necessary information for the Project in the format and manner indicated by Say Digital via the SandBox client space, it being specified that the User will assume the possible cost generated by the late or incomplete provision of said information.

The User assures that this information is accurate, complete and reliable and declares and guarantees that he is the owner of all rights, especially the intellectual property rights related to the elements that he will communicate to Say Digital for the realization of the Project, and especially photos, logos, illustrations, information, files, databases and trademarks.

Once the User has validated and signed the quote and/or the specific development contract, Say Digital will consider the Project to be ready and the User will have between fifteen (15) and thirty (30) days to send all the elements related to the Project to Say Digital. In the event that the User does not respect the above deadlines, Say Digital will consider the Project as abandoned and the initial costs will not be reimbursed (installation, consulting, project management etc.).

In addition, the User acknowledges and accepts that the customized creation and/or development Services are consumed over forty-five (45) consecutive days, unless otherwise stated on the quotation and/or the specific development contract. The User cannot therefore claim consumption of the Service beyond this date following the supply to Say Digital of the elements necessary for the Project.

The Project will be delivered in accordance with the terms and conditions accepted within the framework of the specifications established between the User and Say Digital (hereinafter the "Specifications" or "Product Backlog"), must comply with the agreed specifications and must be approved by the User according to the three (3) key phases of the validation process as described below.

In addition, the Product Backlog does not commit Say Digital to a deadline for the delivery of the Project but constitutes a roadmap (refers to a software development/deployment planning document) for the realization of the Project as well as a basis for invoicing.

Say Digital will provide design, development and design services and deliver the Project directly via the Platform from the User's Account.

This clause describes the validation process of the different stages of the Project by the User (hereafter the "User Validation"). Each stage of the Specifications must be validated.

The User has five (5) days as from the availability of the stage to validate the stage or express its reservations. Beyond this period, the stage is considered as validated. All late answers from the User will not engage the responsibility of Say Digital. All User's observations must be notified in writing to the Service Provider, from the User's Account or the email address : response@say-digital.io.

The validation ticket (hereinafter the "Validation Ticket") is a ticket issued by the User to Say Digital, acknowledging the validation of the Project stage.

Validation tests refer to all the tests to which the Project is subjected under the following conditions :

• (i) once Say Digital has completed the conception, design and development of the Project in accordance with the Specifications, Say Digital will invite the User to carry out acceptance tests. This phase will be repeated as soon as Say Digital has completed a stage in accordance with the Specifications and it is the same for any other development task accepted by the User and Say Digital ;
• (ii) the acceptance tests verify the conformity of each stage of the Project with the Project specifications as indicated on the quote and/or the Specifications. The nature and details of such tests are set out in the Specifications.
• (iii) once the acceptance tests have been validated, the User must validate the stage of the Project by issuing a Validation Ticket to his Account.

If an Acceptance Test is not validated, the causes of failure must be listed and documented by the User and Say Digital and presented in a report which will be emailed to the parties to discuss how to resolve such defects.

If an acceptance test fails due to a defect caused by the User, or by one of its subcontractors or agents for which Say Digital has no responsibility :

• (i) the Project will be considered to have passed the acceptance tests ;
• (ii) the User must issue a validation ticket within five (5) working days ;
• (iii) Say Digital will provide all assistance requested by the User to remedy any defect not related to Say Digital, by providing additional services or products ;
• (iv) in case of additional assistance or modifications, the User will pay Say Digital for each and all additional services and products at the rates and charges in force.

If a failure of the acceptance tests is the result of a defect caused by Say Digital and provided that the User provides Say Digital with proof of the non-conformity :

• (i) Say Digital will remedy each defect promptly, to ensure that the Project is accepted during a new phase of acceptance tests ;
• (ii) if a second phase of acceptance tests shows that the Project still does not comply with the specification on the quote and provided that the User provides Say Digital with proof of non-compliance, the User may notify Say Digital by e-mail of a new date for further tests on the Project, at Say Digital's expense ;
• (iii) if the Project fails at the end of the second phase of acceptance tests :
• a. the User may choose to accept the Project and demand by e-mail a reasonable reduction of the charges incurred, taking into account the circumstances ; or
• b. the User may choose to reject the Project as not being in conformity with what has been agreed by the parties, in which case the Custom Creation and/or Development Service will automatically cease and Say Digital must immediately delete the User's information in its possession. In the latter case, if the non-compliance is due to a fault on the part of Say Digital, the User will be reimbursed in accordance with the reimbursement policy available on the Platform ; or
• c. the User may choose to request a third phase of acceptance testing. However, the User agrees to waive the benefit of Say Digital's refund policy and/or any complaint and/or claim if the Project does not prove to be in compliance.

Each party will appoint a project manager who will : (i) communicate with the other party; (ii) have the necessary expertise and authority.

It is reminded that the Custom creation and/or development Services require an active collaboration between the User and Say Digital.

The User undertakes to participate in all meetings made necessary by the Project to accompany Say Digital in the realization of the Services of creation and/or custom development in the concern and if necessary to find solutions in case of deadlock in the realization of said Services.

Finally, the User is the project manager of the Project. As such, he commits himself to provide Say Digital, in due time, all the information and deliverables necessary for the good progress of the Project and to facilitate the interventions of Say Digital, being specified that the User will assume the possible cost generated by the late or incomplete supply of the said information.

For its part, Say Digital undertakes, as soon as it is informed, to alert the User of any insufficiency or overrun of the estimated budget described in the quote and/or in the specific agreement, allocated to the design and development of the Project.

Say Digital will implement all the necessary means to carry out the Custom Design and/or Development Services, in accordance with the norms and professional standards in force, considering the technological developments available to a reasonably diligent professional.

Given the inherent risks of any IT project, Say Digital is bound to a simple obligation of means, both in terms of service provided than delivery times.

In addition, Say Digital cannot guarantee before any start of execution that the quotation corresponds exactly to the client's needs. That is why Say Digital also commits itself to immediately inform the User of any shortfall or overrun of the estimated budget described in the quote, actual or potential, allocated to the Custom Creation and/or Development Services.

Furthermore, it is agreed that Say Digital will produce and deliver the Project only on a dedicated Say Digital server accessible via the User's SandBox customer area and accessible by SSH key (i.e. Secure Shell key, allowing to create a secure connection on a non-secure network). The User has thus a total access to his Internet site once the Project validated and the payments carried out. The warranty and support are only active if the User is hosted by Say Digital. Say Digital does not intervene on third party servers. Say Digital is not responsible for the reinstallation or the proper functioning of the services at a third-party operator. Say Digital is not responsible for the interventions or lack of competence of the User.

Finally, it is expressly reminded that the User can freely adapt and modify his website by adding or removing any element or functionality according to the needs of his operation. Consequently, Say Digital cannot oppose any modification, translation, adaptation, transformation, and arrangement of the creations in any form by the User.

It is reminded that in case of modification of the developments (code of the Project), the guarantee of Say Digital will no longer be applicable.

7.2. Services Infrastructure - Accommodation

The Infrastructure - Hosting Services consist of the following Services :

• «Cloud VPS» servers
• emails ;
• IP, add-on, security, performance ;
• backup.

These Services are available on a subscription basis only, together or separately.

The different subscription packages are available in the GTC available on the Site.

7.2.1. "Cloud VPS" server services

The following paragraphs apply only to services explicitly described as "Cloud Services" on the invoice or quotation if the User has chosen a formula including this type of service in his Subscription.

These paragraphs will prevail over the previous paragraphs if they differ with respect to these Cloud Services.

Say Digital will control and combine the User's bandwidth in both (2) directions.

The User will be invoiced for the costs that are mentioned on his Subscription invoice.

Say Digital is not responsible for bandwidth peaks, the User is responsible for the bandwidth used by his Cloud server.

Limitations on bandwidth and/or throughput are generally indicated on the invoice.

The User agrees to pay for each and every excess bandwidth at the rate of one (1) euro and thirty cents excluding tax (€1.30 excl. tax.) per gigabyte beyond the limit that is imposed. Say Digital reserves the right to suspend the Account if the additional bandwidth charges are not paid within fifteen (15) days.

The User will not use the Cloud Services in a way that endangers the stability of the network or its ability to deliver services to other customers.

If the User contravenes this obligation, Say Digital has the right to limit his use of the Services. After limiting the use of its network, Say Digital will notify by e-mail the mandatory steps to be taken to regularize the situation.

If the User does not accept these steps, Say Digital reserves the right to impose permanent limitations on the use of Cloud Services.

Say Digital reserves the right to relocate the equipment used to provide the Cloud Service. The User will have no physical access to this equipment.

7.2.2. Email services

An e-mail server is a server on which e-mail software is installed. A mail server is based on either the IMAP protocol, POP3 protocol, or both (2).

This E-mail server uses SSL, or Secure Sockets Layer, a protocol for encrypting data between a Web browser and a server over the Internet. It helps Users to confirm the owner of the website. In a way, SSL is the electronic passport of the User's mail server.

7.2.3. IP services, add on, security, performance

a. IP Service

As part of the Infrastructure - Hosting Services, Say Digital provides Users with a server.

The server is provided by Say Digital with an IP address (identification number assigned to a device connected to the Internet network).

However, the User has the possibility of reserving additional IP addresses.

However, Users acknowledge that each additional IP address belongs to Say Digital.

b. Add on Services

Say Digital offers its Users an add-on service allowing them to add additional options (free or paid) to a predefined Service.

This add-on service is only available on request by the User, who can do this directly from his Account.

c. Security

The User benefits from an SLA offered by Say Digital, the terms and conditions and details of which are accessible in the "Legal" tab of the Site and/or Platform.

Within the framework of Security Services, Say Digital is only responsible for the security of the User's infrastructure and under no circumstances for the security of the User's server.

The security of the Services is one of Say Digital's main concerns. Indeed, Say Digital monitors its entire network at the infrastructure level. However, Say Digital requires Users to co-manage many of the resources used by the Services. Nevertheless, Users accept that as part of this co-management, they must preserve the security of Say Digital's network in its entirety. Users are exclusively responsible for the security of the resources they co-manage. Users agree to be responsible for each and every action carried out from their Account.

The Services are configured for standard deployment, therefore Users are responsible for configuring the Services to meet their security needs. Say Digital is therefore not responsible for the result of the personalization made by Users.

If Say Digital determines that there has been unauthorized access to the Services (an infringement), Say Digital agrees to notify the Users. Say Digital will take all necessary measures, including the termination of all Services in order to neutralize the threat. Say Digital has no responsibility towards the Users regarding the effects of this lay-off. Users agree to assist Say digital in investigating the circumstances of this infringement.

d. Performance

The User benefits from an SLA offered by Say Digital, the terms and conditions and details of which are accessible in the "Legal" tab of the Site and/or Platform.

Say Digital only takes care of the infrastructure, not the User's server.

7.2.4. Backup services

Backup Services (i.e. "back-up Plan") are used to back up Users' data or servers and are designed for the recovery of Users' systems (i.e. "back-up recovery"). However, Say Digital is under no obligation to make a backup of other User data. The Backup Services will not make a backup of this data; therefore, the User must use a secondary backup source.

Say Digital offers Users three (3) backup levels :

• daily up to ten percent (10%) of server price ;
• hourly up to twenty percent (20%) of server price ; and
• minute at thirty percent (30%) of server price.

If the User buys personalized backup services, he must provide instructions for the backup configuration he wishes.

Say Digital strives to comply with the backup preferences chosen by the User. Insofar as Say Digital depends on the User's instructions, the User will not hold Say Digital responsible if the instructions do not allow the backup of specific data.

The User agrees to cooperate in the configuration and personalization of the Services and to give all necessary material and information to Say Digital. The User also agrees to provide all this information in a usable form.

If the User does not comply with the description of the Services mentioned in the invoice by exceeding the data transfer limit of his Account, Say Digital reserves the right to modify the chosen Service.

Say Digital will inform by email and provide options to improve the Account. An email will be sent to the User to notify him of a storage overflow. Once the limit is reached, data transfers will be stopped.

In addition, Users acknowledge and accept that the Backup Services should not be confused with a request to install a disaster recovery system (i.e. "disaster recovery"), which is a service created to measure by Say Digital and which will be invoiced twelve euros and ninety cents excluding tax (€12.90 excl. tax) per month excluding infrastructure and/or complex applications on quotation.

7.3. Outsourcing Service

The Outsourcing Service is available on subscription to Users. In the case of very large infrastructures requiring significant resources, the Outsourcing Service will be the subject of a separate quotation.

Outsourcing defines the fact of outsourcing certain management or operating services of an IT system to a third party IT service provider. In other words, it involves entrusting an entity other than the customer itself with the management and/or operation of its computer system (or IS).

The following paragraphs only apply to services explicitly described as "Managed Services" or "Outsourcing Service" on the invoice or quotation if the User chooses a formula that includes this type of service in its own right.

These paragraphs will prevail over the previous paragraphs if they differ.

The Managed Service refers to the operation, data processing (in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and maintenance of the infrastructure used to provide the services, including hardware, programming, files and databases, software, services and resources, as defined on the separate invoice or quotation.

Say Digital's networks, physical infrastructures, servers and applications are monitored twenty-four (24) hours a day, seven (7) days a week for three hundred and sixty-five (365) days.

The User is responsible for the use of the data he makes on the Platform. Under no circumstances will Say Digital be responsible for the use made by the User of their own Platform, in particular with regard to the loss of data.

If the User has not subscribed to the Managed Services, all problems that have not been addressed by a support ticket (see 7.4. below) will not be taken into account.

The User only benefits from the Managed Services that are explicitly specified on the invoice or quote.

Say Digital manages the Services according to the best practices in the industry, but the User acknowledges that the performance of the Managed Services may be affected by the technical limitations of the managed devices and/or by the User's hardware and infrastructure and/or by the level of support (see infra78.4) for which the User is eligible.

Say Digital will monitor and install any stable versions of third-party software required for these Services. Patches will be installed within thirty (30) calendar days after their release.

To ensure the security of the Services, Say Digital will choose all initial firewall settings. The User may submit a ticket to request changes to the firewall parameters and Say Digital will modify them subject to acceptance of the requests after review.

7.4. Support Services

From the Platform, the User has access to a tab entitled "Support" allowing him to access all his requests but also to a free knowledge base.

Support Services are available by subscription only and can be combined with other Say Digital Services.

Users acknowledge and accept that there are several levels of support and that the level of support depends on the subscription formula chosen by the User.

Support Services (or "Support") may also be subject to a special quote in the case of specific requests and/or in the case of very large infrastructures requiring significant resources.

The Support for which the User is eligible is determined by the subscription chosen and is mentioned on the invoice or quotation and/or the separate contract.

The type of Support may be changed at any time without notice. Say Digital strives to provide the highest level of support for its services according to the subscription taken out by the User.

In the event of a problem, the User will have to open a support ticket from his Account to notify it. Deadlines are specified in the GTC.

Say Digital does not provide any type of support to Users' customers, and in particular no third party support.

For any software chosen by the User and as shown on the invoice or quote, Say Digital only guarantees the default installation. If the User wishes to entrust the maintenance of his software to Say Digital, he must subscribe to the Managed Services (see 7.3 above).

The User is responsible for the configuration of his software and Say Digital can only provide diagnostics for breakdowns in the said software on request.

At no time is Say Digital responsible for the incorrect configuration of operating system kernels (i.e. "kernel") or any software, whether installed by Say Digital or the User.

The Support Services are available in different formulas :

• basic support : response time of twenty-four (24) hours ;
• professional support : response time of twelve (12) hours ;
• corporate support : response time of six (6) hours.

7.5. Domain name Services

The following paragraphs apply only to Services explicitly described as "Domain Name Services" on the invoice if the User has chosen a subscription formula that includes this type of service in his subscription.

These paragraphs will prevail over the previous paragraphs if they differ.

From the Platform, the User has access to a tab entitled "Domains" allowing him to have access to all his domain names, to renew, register and/or transfer his domain names.

The Domain Name Services will be provided by a third-party reseller, namely INTERNETBS (https://internetbs.net/) (hereinafter the "Domain Name Reseller" or the "Web registrar").

By purchasing Domain Name Services, the User is subject to the terms and conditions of the Domain Name Reseller, which can be found at the following address : https://internetbs.net/fr/enregistrement-domaines/termsandconditions.html.

The User understands and acknowledges that his domain name is not registered until he has received confirmation of registration from Say Digital, which does not assume any responsibility for the failure of a domain name registration during the registration process.

The User must provide complete and accurate account and WHOIS information (information about the owner (i.e. "registrant") of domain names for his domain name(s).

The User must maintain and update this information. The User accepts and understands that WHOIS information, with the exception of certain extensions, is public and is not subject to Say Digital's privacy policy.

The rights and obligations of domain name holders are administered by ICANN and available at this address : https://www.icann.org/resources/pages/benefits-2013-09-16-en.

The User may receive verification e-mails from the Domain Reseller or ICANN to which he or she must respond. It is the User's obligation to provide valid contact information when registering a domain name.

Only the User, and in no event Say Digital and/or the Domain Name Reseller, is responsible for determining whether the chosen domain name(s), or the use made of such domain name(s), violates the legal rights of others or of any jurisdiction.

The Domain Name Reseller may terminate or suspend the Domain Name at any time for breach, without limitation, in the case of :

• (i) the registration of prohibited domain name(s) ;
• (ii) abuse of the domain name(s) ;
• (iii) payment irregularities ;
• (iv) allegations of illegal conduct ;
• (v) inability to maintain accurate and up-to-date WHOIS account or information ;
• (vi) failure to respond to the domain name reseller's requests for more than ten (10) calendar days ; or
• (vii) if use of the Domain Name Registration Services involves Say Digital in a violation of the rights of others or acceptable use policies, including but not limited to the transmission of unsolicited email or the infringement of any copyright.

No refunds will be made in the event of a suspension or termination of Domain Name Services for any of the above causes.

The domain name reseller and Say Digital will notify the User when renewal fees are due.

The User undertakes to keep his payment information up to date and/or to pay his invoice on time. Say Digital declines all responsibility if the domain name chosen by the User expires due to non-renewal or if Say Digital or its third-party suppliers are unable to process payment information.

The Domain Name Reseller owns the entire database, compilation, collective and similar rights, titles and interests worldwide in its domain name database as well as all information and derivative works produced by the domain name database.

The User guarantees that neither the registration of a domain name, nor the way in which it is directly or indirectly used, nor the use of other domain services, violates the legal rights of a third party or exposes Say Digital or the Domain Name Reseller to legal action.

By using the Domain Name Registration Services, the User warrants that he/she is at least eighteen (18) years of age and that all information provided for domain name registration is accurate. All Domain Name Registration Services are provided on an "as is" basis.

The User agrees to be subject to the following domain name transfer agreement : http://www.icann.org/transfers/policy-12jul04.htm.

Unless otherwise stated in the GTC, the User agrees to be subject to the rules for the ICANN Uniform Domain Name Dispute Resolution Policy.

Only the User as the owner of the domain name has the right to transfer the domain name or to respond to a transfer request. The User must unlock the domain name before requesting a transfer. The User must also obtain an EPP authorization code (also known as a transfer authorization code or AUTH CODE, which is a sequence of six (6) to sixteen (16) characters required to perform a domain transfer and is a security measure to prevent unauthorized transfers) in order to transfer domains to another web registrar. In the event of a problem in retrieving an EPP authorization code, the User can make a request directly to Account by ticket or by making the request directly to Say Digital by email at the following address : response@say-digital.io.

7.6. Invoices Services

From his Account, the User will be able to access all of his invoices, quotes and means of payment.

In addition, the User will be able to add funds so that his invoices are automatically paid when they are issued. The User acknowledges and accepts that deposits are non-refundable.

7.7. General provisions for all Services

Say Digital provides the Services "as is" and without warranties. Say Digital agrees to deliver the Services to the User, which are paid for in advance by the User, and in accordance with the GTC, the GTC and the Acceptable Use Policy (i.e. "AUP") accessible on the Site and/or the Platform from the "Legal" tab.

Say Digital reserves the right to refuse Services to any potential customer and to refuse renewal of Services at its sole discretion. Say Digital reserves the right to decide that the Account has been used inappropriately (e.g. suspicion of fraudulent intrusion into the User's Account) and, consequently, to suspend or remove access to some or all of the User's Services.

Say Digital may assist the User in determining whether a use is authorized, in which case the User should send an e-mail to the following address : support@say-digital.io.

The Services will be made available as stated on the invoice or subscription at the time of ordering. The Services may not be available immediately. The Service will be delivered according to the terms and conditions set out on the invoice, quotation or subscription.

The Services may be subject to change if required by law (competent authorities), or if a third-party reseller making elements of the Service available changes, or if the User violates the GTC or the AUP.

For Services subject to a quotation, in the event of a contradiction between these Terms of Use and the separate invoice or quotation, the separate invoice or quotation shall prevail.

The User agrees to make available the information required in the context of cooperation and partnership and to guarantee that its third-party suppliers will do the same by providing this information with the same diligence.

The continuity of the Services may require the User to update the software or other elements used.

The User agrees to carry out these updates within thirty (30) working days following the notification email. If the User fails to do so, Say Digital may install them without the User's consent in order to maintain the necessary security standards, which will result in a lump-sum compensation based on Say Digital's hourly rates (see above "Development Service" in Article 8.1.).

Some aspects of the Services are implemented through third party service providers. Say Digital endeavors to make reasonable commercial efforts in order to continue to have access to these elements of the Services.

However, if a third party modifies the Services, makes them economically prohibitive, or ceases to make them available, Say Digital's only obligation will be to try to find replacements at a reasonable price.

If Say Digital is unable to do so, it has the right to terminate the Services directly affected.

Exceptionally, Say Digital may need to interrupt the Services for maintenance. Say Digital will inform, by e-mail, twenty-four (24) hours in advance of the interruption of the Services, stating the reason and the duration of the maintenance, unless an emergency makes such notification impossible. Every effort will be made to avoid any inconvenience and interference with the Services during maintenance operations.

If the User exceeds the limit of a Service, as set out on the invoice, subscription or in the AUP, Say Digital reserves the right to modify the Services or require an upgrade.

Unless caused by Say Digital's negligence or intentional fault, Say Digital is not liable for loss of data.

Say Digital reserves the right to transfer the material used to provide the Services at any time.

ARTICLE 8. - GENERAL COMMITMENTS OF USERS - GENERAL RESTRICTIONS ON THE USE OF THE PLATFORM AND SERVICES - USERS' LIABILITY

Users agree to indemnify, defend and hold Say Digital harmless against :

• (i) any and all claims on their part and on the part of their parties, clients or end users, other than those exclusively related to the negligence or fault of Say Digital ;
• (ii) any and all claims concerning the non-performance by them of a contractual obligation towards a third-party ;
• (iii) any and all claims resulting from their failure to use the Service due to their inability to obtain the necessary consents and licenses ;
• (iv) any and all claims which would involve greater liability or obligations than those set out in these GTC.

By accessing the Site, the User declares, guarantees and undertakes to :

• access the Services in good faith, in a reasonable manner, and not contrary to the terms of the GTC ;
• not directly or indirectly market the Services and/or access to the Services ;
• not to reuse all or part of the Services it contains, in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorized by Say Digital.

In case of failure to comply with one or other of these obligations, without this list being exhaustive, the User acknowledges and accepts that Say Digital reserves the right to refuse him/her access to all or part of the Site.

It is strictly forbidden to use the Services for the following purposes :

• the exercise of illegal or fraudulent activities or activities that infringe the rights or security of third-parties ;
• the violation of public order (such as incitement to hatred or terrorism) or the violation of laws and regulations in force ;
• intrusion into the computer system of a third party or any activity of a harmful nature ;
• control, interfere or intercept all or part of a third party's computer system, violate its integrity or security ;
• sending unsolicited e-mails (in particular SPAM or SPIM) and/or canvassing or commercial solicitation ;
• aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above ;
• copy and/or divert for their own purposes or those of third parties the concept, technologies or any other element of the Site ; and
• more generally, any practice diverting the Services for purposes other than those for which they were designed.

The following are also strictly prohibited :

• any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services ;
• any intrusion or attempted intrusion into Say Digital's systems ;
• any misappropriation of the site's system resources ;
• any action likely to impose a disproportionate burden on the site's infrastructure ;
• any breach of security and authentication measures ;
• any acts likely to infringe the financial, commercial or moral rights and interests of Say Digital or users of its Site, and more generally ;
• any breach of the GTC.

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.

If it is determined that there has been unauthorized access to the Services (an infringement), Say Digital will notify and take all necessary measures, including prohibiting access to the Site and/or Platform and/or all Services in order to neutralize the threat.

In case of failure to comply with any of the provisions of the GTC or more generally, infringement of the laws and regulations in force by a User, Say Digital reserves the right to take all appropriate measures and in particular to :

• at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the Site or access to the Services of the User, author of the breach or infringement, or having participated in it ;
• in the event that access to the Site and/or the Service is suspended for any reason whatsoever, Users will not be able to claim compensation of any kind whatsoever ;
• publish on the Site any information message that Say Digital deems useful ;
• notify any authority concerned ;
• take any legal action.

ARTICLE 9. – LIABILITY OF SAY DIGITAL - GUARANTEES GRANTED BY SAY DIGITAL

9.1. Responsibility

The User accepts and acknowledges that he is solely responsible for the information contained on the Site and that he has transmitted to Say Digital.

Say Digital declines all responsibility in the event of the possible loss of information accessible on the User's Account; the User must save a copy and cannot claim any compensation in this respect.

Say Digital does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for a given User according to his own personal constraints, will specifically meet his needs and expectations.

The User may not oppose Say Digital to the general conditions of use and/or the general conditions of sale of any partner sites and undertakes to read and accept them before any purchase on the said partner sites.

In any event, the liability likely to be incurred by Say Digital under the Terms and Conditions of Use is expressly limited to only direct proven damage suffered by the User.

The Services are configured for standard deployment and Say Digital cannot be held responsible for the result of the personalization made by the User.

9.2 Guarantees

USERS UNDERSTAND AND ACCEPT THAT :

• THE PLATFORM AND SERVICES ARE MADE AVAILABLE TO THEM "AS IS". FURTHERMORE, SAY DIGITAL CANNOT GUARANTEE THE CONSEQUENCES OF THE USE OF THE PLATFORM AND/OR SERVICES ;
• IN PARTICULAR, SAY DIGITAL DOES NOT GUARANTEE :
• THAT THE PLATFORM AND/OR THE SERVICES CORRESPOND TO THE USERS' REQUIREMENTS ;
• THAT THE PLATFORM AND/OR SERVICES WILL WORK WITHOUT INTERRUPTION, SAFE OR WRONGFULLY OPERATING ;
• THAT THE QUALITY OF ALL SERVICES, INCLUDING IN PARTICULAR THE RESULTS OBTAINED, WILL BE IN ACCORDANCE WITH THE USERS' EXPECTATIONS ;
• THAT THE RESULTS OF THE DATA COLLECTED BY THE FUNCTIONALITIES ARE COMPLETE, EXHAUSTIVE, TRUE, ACCURATE AND RELIABLE.

No information or advice provided by Say Digital to Users within the framework of the use of the Platform and/or the Services shall be considered as a guarantee.

ARTICLE 10. – DURATION AND TERMINATION OF THE GTC

10.1. Duration

Access to and use of the Services offered by Say Digital is valid for an indefinite period from the date of subscription by the User unless the User terminates the subscription in accordance with the terms and conditions set out above.

10.2. Termination of the GTC

The GTC are valid and apply as long as Users benefit from their subscription.

Users can withdraw from the GTC either (i) by notifying Say Digital at any time, by means of a notification, or (ii) by deactivating their Account under the conditions described in article 6.6. of the GTC. The notification must be sent to Say Digital in writing, to the address of Say Digital indicated at the top of the GTC.

For its part, Say Digital may at any time terminate the GTC binding it to the Users, without notice, in the following cases :

• Users do not respect any of the terms of the GTC; and/or
• Say Digital is obliged to do so by law or regulation.

This termination will be materialized by the deactivation of the User Account by Say Digital.

In the event of termination of the GTC, it is the responsibility of the User to ensure the configuration of the technical aspects of its properties such as emails, WHOIS, and elements out of Say Digital's control, in order to ensure that these elements are redirected. Say Digital is not responsible for maintaining backups of Users' data following termination of services, nor for redirecting their emails to another provider or redirecting the DNS of their domain names.

Say Digital also reserves the right to temporarily block all access to the Site and/or Services to Users who have committed a breach of these Terms and Conditions and who have not respected the prerequisites defined in Article 4 of the Terms and Conditions.

Say Digital is not responsible for maintaining backups of Users' data following the termination of services, nor for redirecting their emails to another provider or redirecting the DNS of their domain names.

ARTICLE 11. – INTELLECTUAL PROPERTY

11.1. Intellectual property of Say Digital

Some elements (notably editorial, illustrations, studies and videos) appearing on the Site and/or Platform and/or Services are protected by laws relating to intellectual property and in particular copyright and are the exclusive property of Say Digital.

Similarly, the trademarks, logos, graphics and animations contained on the Site and/or Platform and/or Services are the exclusive intellectual property of Say Digital.

It is agreed that the GTC cannot lead to any transfer of Say Digital's intellectual property rights.

Say Digital personally grants Users the non-exclusive and non-transferable right, free of charge, to use the Site and/or the Platform and/or the Services and any associated software, it being specified that they are prohibited - directly or indirectly - from copying, modifying or creating a derivative work, reverse the design or assembly or in any other way attempt to obtain the source code (except in cases provided for by law), sell, assign, sub-license or transfer in any way whatsoever any right relating to the Site, the Platform or the Services or associated software.

Users undertake not to modify in any way the Site, the Platform, the Services or the related software and/or not to use modified versions of them and in particular (without this list being exhaustive) with a view to obtaining unauthorized access to the Site and/or the Platform and/or the Services. In particular, Users agree not to access the Services by any means other than the Platform from the Site.

Users are informed and acknowledge that the Site, the Platform, the Services and any software used in connection therewith may contain confidential information or information protected by current intellectual property law or any other law. Users undertake not to modify, rent, borrow, sell, distribute this content or create derivative works incorporating all or part of this content, unless they have first received express authorization from Say Digital.

The Site and/or the Platform and/or the Services contain texts, images, which are the exclusive property of Say Digital (hereinafter "Intellectual Property Elements"). The Intellectual Property Elements are made available to the User, free of charge, for the sole use of the Site, the Platform and the Services and within the framework of normal use of their functionalities.

This authorization to use the Intellectual Property Elements is personal, non-exclusive and non-transferable. Say Digital may revoke this authorization to use the Intellectual Property Elements at any time.

Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code (except as provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right relating to the Intellectual Property Elements. The User undertakes not to modify the Intellectual Property Elements in any way whatsoever.

In case of non-conforming or abusive use of the Intellectual Property Elements, Say Digital reserves all legal recourse to stop the infringement of its intellectual property rights and to unsubscribe and/or deactivate User Accounts.

11.2. Intellectual Property of Users

Users remain the owners of their rights relating to the content, texts, photographs, videos, etc., of the website. (hereinafter the "Content") that they display, download, enter, provide, submit or transmit in any way whatsoever to Say Digital via the Platform and Services and are responsible for the Content.

However, Users grant Say Digital a non-exclusive license to use the Content on a worldwide basis for the entire duration of their subscription.

In addition, Users grant Say Digital authorization to store the Content on Say Digital's servers. In addition, Users accept that such storage is not considered a violation of their intellectual property rights or those of any third party.

Users declare and guarantee that they hold all the rights to the Content enabling them to grant the aforementioned rights to Say Digital and that this grant does not violate the rights of third parties.

Users undertake to compensate Say Digital for the financial consequences and financial damages of whatever nature (material, immaterial, direct or indirect) of claims made by third parties resulting from any action or claim directed against Say Digital due to or originating from the intellectual property rights granted herein.

ARTICLE 12. – PERSONAL DATA

In accordance with the amended law n°78-17 of 6 January 1978 relating to information technology, files and liberties known as the "Data Protection Act" and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereafter, the "GDRP"), Users are informed that Say Digital automatically processes their personal data for the purposes of using the Services, processing and managing commercial relations.

Each User has the right to access, modify, rectify, limit, carry and delete data concerning him, as well as the right to object.

To this end, the User must contact the support department by email at the following address : response@say-digital.io.

Users are reminded that as regards corrections and updates of data relating to their Account, they must make the necessary changes and deletions directly on their own Account.

For more information, Say Digital invites the User to read Say Digital's privacy and personal data processing policy by clicking on the following link : www.say-digital.io/en/legal#privacy-policy.

The said policy is an integral part of the GTC. Acceptance of the GTC implies acceptance of the attached privacy policy.

It is specified that the privacy policy is in accordance with the GDRP.

ARTICLE 13.- FORCE MAJEURE

Say Digital cannot be held responsible if the non-execution or delay in the execution of any of its obligations, as described in the GTC, results from a case of force majeure as defined by article 1218 of the French Civil Code. The suspension of the obligations may under no circumstances be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or late penalties.

Expressly, are considered as cases of force majeure or fortuitous events, those usually retained by the jurisprudence of French courts, as well as the following non-cumulative events: war, riot, fire, internal or external strikes, lock out, occupation of Say Digital's premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions and/or measures including any restriction or measure including a restriction on movement, legal or regulatory changes in forms of marketing, accidents of any kind, epidemic, pandemic, pandemic of an emerging infectious disease, illness affecting more than ten (10) % of Say Digital's staff in a period of two (2) consecutive months, lack of energy supply, partial or total stoppage of the Internet network and, more generally, of private or public telecommunications networks, road blockages and impossibility of supply and any other case beyond Say Digital's express control preventing the normal performance of its obligations.

In the event that the event which gives rise to the case of force majeure lasts for more than thirty (30) days, definitively preventing Say Digital from fulfilling its obligations, the User may terminate his subscription according to the terms and conditions defined in the GTC and Say Digital and the User are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.

ARTICLE 14. - ADVERTISING

Say Digital reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Say Digital will be the sole judge.

Users therefore accept the posting of such messages on the Site.

In its capacity as publisher of the Site, Say Digital is free to market advertising space on the Site to advertisers of its choice. Users acknowledge that they have no right to these advertising spaces and refrain from any request or action in this respect.

Say Digital se réserve la faculté d’insérer sur toute page du Site et dans toute communication aux Utilisateurs tous messages publicitaires ou promotionnels sous une forme et dans des conditions dont Say Digital sera seule juge.

Les Utilisateurs acceptent par conséquent l’affichage de tels messages sur le Site.

En sa qualité d'éditeur du Site, Say Digital est libre de commercialiser auprès d'annonceurs de son choix les espaces publicitaires du Site. Les Utilisateurs reconnaissent ne disposer d'aucun droit sur ces espaces publicitaires et s'interdisent toute demande ou action à ce titre.

ARTICLE 15.- LINKS AND THIRD-PARTY SITES

When using the Site and/or the Platform, and more particularly when consulting the Frequently Asked Questions (i.e. "FAQ"), Say Digital reserves the right to make recommendations for services provided by third parties or potential partners. Users may therefore have access to various links directing them to third party sites and in particular to the sites of any Say Digital partners.

Say Digital can in no way be held responsible for the technical availability of Internet sites or mobile applications operated by third parties (including any partners) to which the User may have access via the Site.

Say Digital accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

Say Digital is also not responsible for transactions between the User and any advertiser, professional or merchant (including its possible partners) to which the User is directed via the Site and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

ARTICLE 16. - MODIFICATION OF THE GTC

16.1. In order to comply with any legal, jurisprudential, editorial, functional and/or technical evolution of the Site, Platform and/or Services, Say Digital reserves the right to modify the GTC at any time.

A substantial change to the Terms and Conditions of Use does not under any circumstances constitute grounds for termination of the subscription or non-payment of the User's subscription.

The prevailing version is the one accessible online on the day of use of the Site, the Platform and/or the Services.

Continued use of the Site, the Platform and/or the Services by the User after publication of the revised GTC means that the User accepts these modifications without reservation and expressly.

16.2. The GTC are updated regularly. Consequently, Users are invited to consult them each time they visit the Site.

16.3. Any changes are applicable fifteen (15) days after Users have been notified by email of the updated GTC.

16.4. In the event of disagreement with the new provisions of the GTC, the User undertakes to cease accessing the Site and/or the Platform and using the Services.

ARTICLE 17. – APPLICABLE LAW - DISPUTES

17.1. The use of the Site, the Platform and the Services are subject to French law. The validity, performance and interpretation of the GTC applicable to the Site, the Platform and the Services are also subject to French law.

17.2. For any difficulty and/or question about the Site and/or the Platform and/or the Services, Users are invited to contact the support department in order to try to find an amicable solution by going to their Account, then clicking on the "Support" tab, then the "Request" tab, then "Open a request", then select the appropriate department and fill in the request form in order to inform Say Digital of any difficulty and/or question about the Site, the Platform and/or the Services. The request will then be validated by issuing a time-stamped ticket.

17.3. In the event of a disagreement between the Users and Say Digital (hereafter the "Party" or “Parties"), the injured Party must inform the other Party by means of a registered letter with acknowledgement of receipt. Upon receipt of this letter, and within fifteen (15) days, one of the Parties must propose an amicable settlement of the dispute.

The Parties undertake to follow the amicable settlement procedure before referring the matter to the courts, this attempt at mediation being a condition of admissibility for any legal action.

17.4. IN CASE OF FAILURE OF ANY ATTEMPT TO FIND AN AMICABLE SOLUTION OR IN THE ABSENCE OF A RESPONSE, ALL DISPUTES RELATING TO THE SITE AND THE PLATFORM, THE INTERPRETATION OR EXECUTION OF THE GTC AS WELL AS THE USE AND/OR OPERATION OF THE SERVICES OR THOSE WHICH WILL BE THE RESULT OR CONSEQUENCE THEREOF WILL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF PARIS, EVEN IN THE EVENT OF APPEAL IN GUARANTEE OR PLURALITY OF DEFENDANTS.

ARTICLE 18. – MISCELLANEOUS PROVISIONS

18.1. The language of interpretation of the GTC is French. In the event that it is translated into one or more languages, only the French text shall be authentic in the event of a dispute.

18.2. The GTC constitute the entire agreement between the Users and Say Digital regarding the use of the Services and in general the Site and platform, with the exception of any agreements concluded between Say Digital and the Users.

The GTC govern all the uses that Users may make of the Services, subject to the application of additional or specific particular conditions of use governing certain Services, for which Users must give their express agreement.

In the event of any contradiction between the GTC and other elements, rules or guidelines appearing on the Site, the GTC shall prevail.

18.3. Generally speaking, if one or more stipulations of the GTC are held to be invalid or declared null and void pursuant to a law, a regulation or following a final decision by a competent court, the other stipulations will retain all their effects. The Users and Say Digital then agree to replace this provision declared null and void by a clause that will be the most relevant in terms of its content to the clause initially decided upon and given the initial intention of the Users and Say Digital, in particular in order to maintain the economic balance of the GTC within the framework of the legal provisions applicable in France.

The same principles will apply in the event of incomplete provisions.

18.4. No tolerance of any kind, scope, duration or frequency may be considered as creating any right, nor may it be interpreted as a waiver of any of the provisions of the GTC.

18.5. Any failure to exercise, or delay in exercising, a right or prerogative by Say Digital or the Users cannot be considered as a waiver of the right or prerogative to be exercised subsequently in favor of Say Digital or in favor of the Users.

In the same way, the exercise of a single right or the partial exercise of a right or prerogative does not exclude the subsequent exercise of any other right or prerogative provided for in the GTC.

No waiver shall be effective unless it is in writing and shall apply only to the party to whom the waiver is addressed and in the circumstances for which it is given. No waiver shall arise out of the success or failure of any other action.

18.6. The sections, paragraphs and other headings contribute to readability and indexing only and may not be used to interpret their meaning in favor of Say Digital or the Users.

18.7. Users must comply with the applicable laws by respecting their obligations and exercising their rights in accordance with the GTC.

18.8. The files, data and messages recorded in Say Digital's computer systems will be accepted as proof of acts and facts occurring between Say Digital and the Users.

The preservation of the registers will be presumed, in the absence of proof to the contrary, to have taken place under reasonable conditions of security if the messages, data and other documents are systematically recorded on a reliable and durable medium.

ARTICLE 19. – ENTRY INTO FORCE

The GTC come into force on March 26, 2021.

ARTICLE 1. – GENERAL PROVISIONS

The website available at the following address : sandbox.say-digital.io and the Platform entitled “Say Digital I/O“, are the property of the company Say Digital, a simplified joint stock company capitalized at five thousand euros (€5,000), registered with the Paris Trade and Companies Register and headquartered in 66 avenue des Champs-Élysées, 75008 Paris (hereinafter referred to as “Say Digital”), allow Clients to obtain support services for the design and creation of websites, software, and applications, using various functionalities.

The identity of the publication director and host are listed in the legal notices accessible on the Say Digital website available at : www.say-digital.io.

For any questions regarding subscriptions and/or services offered by Say Digital, Clients can contact Say Digital by e-mail at the following address: response@say-digital.io.

ARTICLE 2. – DEFINITIONS

In addition to the terms defined elsewhere in these terms and conditions, the terms and expressions listed below with the first letter capitalized, shall have the meanings set out below. These terms shall have the same meaning in the singular and plural.

• “Account” : refers to the account created by the Client, accessible from the Site and which enables Client to subscribe to and use the Services ;
• “Clients” : refers to any natural or legal person who has created an Account for professional purposes and who accesses and uses the Services ;
• “GTOS” : refers to the general conditions setting out the terms and conditions of subscription to the Services via the Site by the Clients but also the terms and condition of sell of the Services by Say Digital to the Clients ;
• “TOS” : refers to the present general terms and conditions of use of the Services setting out the terms and conditions of access and use of Say Digital's Service ;
• “Platform” : refers to the platform entitled " SAY Digital I/O ", accessible from the following address: sandbox.say-digital.io, similar to Say Digital and accessible from the Site, which is the Client's client space allowing the Client to access the Services, administer their teams and infrastructure, manage their invoicing (quotes, invoices, etc.) and access their IT support ;
• “Services” : refers to the services offered by Say Digital through the Platform and enabling Clients to obtain advice and support services in the creation of computer systems and software, particularly through several functionalities ;
• “Site” : refers to Say Digital's Internet site, accessible at the following address: www.say-digital.io, from which Clients can subscribe and access the Services. The Site includes all computer components (in particular software and computer developments and web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, Client documentation relating to the use and operation of the website), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content, in particular texts, sounds, still or animated images, videos and databases ;
• “Subscription” : refers to the subscribed subscription by the Client, which enables Client to use the Services ;

ARTICLE 3. – SUBJECT MATTER - ENFORCEABILITY

The purpose of the GTOS is to define the terms and conditions under which Clients :

• subscribe to the Services accessible from the Site and/or the Platform ;
• purchase Services from the Site and/or by quotation.

The GTOS are systematically brought to the attention of Clients to enable them to subscribe and/or make a purchase.

The GTOS apply exclusively to any Subscription request accepted by Say Digital and/or to any purchase accepted by Say Digital and prevail over all other conditions, except those that have been expressly accepted by Say Digital. Consequently, any other condition is only binding on Say Digital after written confirmation from Say Digital.

IMPORTANT: NOTE TO CLIENTS

ANY SUBSCRIPTION TO SERVICES FROM THE SITE AND/OR THE PLATFORM AND/OR ANY PURCHASE OF SERVICES FROM THE SITE OR BY QUOTATION IMPLIES THE CLIENT'S EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THE GTOS, BY TICKING THE BOX : "I have read and accept the General Conditions" AND BY ACCEPTING THEM WHEN SUBSCRIBING AND/OR PURCHASING, THE CLIENT ACKNOWLEDGES THAT HE IS BOUND BY THE ALL THE GTOS.

ARTICLE 4. – OFFERS

4.1. Subscription offers are available on the Site and/or the Platform. They remain valid as long as they are available on the Site and/or Platform.

4.2. Say Digital offers three (3) subscription packages for different Services, namely :

• the STARTER package at thirty-five euros per month (€35/month) ;
• the BUSINESS package at seventy-five euros per month (€75/month) ; and
• the ENTERPRISE package at two hundred and twenty euros per month (€220/month) ;

details of which are shown on the page available at the following address : https://say-digital.io/infrastructure/hebergement-cloud-vps/

In addition, Say Digital offers personalised subscription packages, notably on the basis of quotations for certain Services and notably for hosting, maintenance and facilities management services and/or manpower services. To do this, the Client must go to his Account, click on "Start a Project" and open a project ticket.

Furthermore, Say Digital informs Clients that :

• the subscription to the customised creation and/or development Services defined in article 7.1 of the GTC is only done on the basis of a quote. The amount of Say Digital's services in the context of these tailor-made creation and/or development services will be calculated according to the following fixed hourly rate and established according to the estimated hourly volume and the chosen period :
• workshop : one hundred euros per hour (€100 excl. tax/hour) for each team member ;
• marketing copywriting : fifty euros per hour (€50 excl. tax/hour) ;
• graphic and HTML modifications : sixty euros per hour (€60 excl. tax/hour) ;
• programming : eighty to 100 euros per hour (80 to €100 excl. tax/hour) ;
• analysis & audit : eighty euros per hour (€80 excl. tax/hour) ;
• significant updates to the Client's website and/or database : eighty euros per hour (€80 excl. tax/hour) ;
• Search engine optimisation (SEO) consultancy : eighty euros per hour (€80 excl. tax/hour).
• in the context of the "cloud VPS" server Services defined in article 7.2.1 of the TOS, the bandwidth and/or throughput limitations are generally indicated on the invoice according to the Subscription taken out. However, the Client agrees :
• to pay for each and every excess bandwidth at the rate of one euro and thirty cents (€1.30 excl. tax) per gigabyte in excess of the limit imposed. Say Digital reserves the right to suspend the Account if the bandwidth surcharge is not paid within fifteen (15) days ; or
• to switch to a higher Subscription.
• subscription to the Support Services defined in article 7.4 of the TOS may also be subject to a special quotation in the case of specific requests and/or in the case of very large infrastructures requiring significant resources ;
• in the context of the Backup Services defined in article 7.2.4 of the TOS, Clients acknowledge and accept that the Backup Services should not be confused with a request to set up a disaster recovery system, which is a service tailor-made by Say Digital and which will be invoiced at a rate of twelve euros and ninety cents (€12.90 excl. tax) per month, excluding infrastructure and/or complex applications, on request ;
• the subscription to Managed Services defined in article 7.3 of the TOS, although these Services are available on a Subscription basis, may also be subject to a separate quotation in the case of very large infrastructures requiring significant resources ;
• if the Client exceeds the limit of a Service, as set out in the Subscription formula or in the Temrs of Services (i.e. "TOS") accessible on the Site and/or Platform from the "Legal" tab or on the quote, Say Digital reserves the right to modify the Services or to require an upgrade (i.e. “upgrade”).

4.3. The information relating to the Subscription package, of whatever nature, provided by Say Digital is that which is visible on the Site and/or on the Platform on the day the Subscription is taken out.

In the same way, the information relating to the sale of Services, of whatever nature, by Say Digital is that which is visible on the Site on the day of the purchase of the Service or Services.

4.4. Say Digital reserves the right to modify the proposed Subscription packages without prejudice to the subscriptions to the Subscriptions made by the Client.

In the same way, Say Digital reserves the right to modify the purchase prices of the Services offered.

4.5. As the Site and/or the Platform and/or the Services may evolve, Say Digital reserves the right to modify the specifications, characteristics and content of the subscription packages, for any reason whatsoever, or to withdraw one of the Services from its subscription formulas and/or from sale.

These modifications and/or withdrawals may take place at any time without prior notice, including after the Client has subscribed to the Subscription if these modifications result from the Platform, standards, texts or regulations of any kind and/or in the event of a problem, particularly a technical problem, linked to the Site, the Platform and/or the Services.

Finally, Say Digital reserves the right to make improvements and/or correct any errors in the content of the Subscription offer.

1. REFUNDS

Since Say Digital offers non-tangible and non-returnable goods, we do not issue refunds once the order is finalized and the product or service is activated. As a customer, you are responsible for understanding this upon purchasing any item on our website. As the customer accessed the server root, enabling him or third party to download any ressources, you understand.

The purchase of a product implies acceptance of all its advantages and disadvantages. Refunds on the grounds of customer's believe that the product does not meet their expectations will not be issued.

Open source or ownership licenced or customized products shall not be reimbursable or exchanged. Please consider your purchase carefully.

2. CUSTOM SOFTWARE DEVELOPMENT

As the customer accessed the server root from day one, enabling him or a third party to download any ressources, you understand that you cannot, once work is started, ask for a full refund.

If you conclude that our custom software development services do not meet your expectations, you are able to get a full or partial refund depending on the development progress status before the project is finished :

• 100% refund when the development has not started yet and no VM or VPS has been initiated
• 40% refund when the development has been started, but is finished in 50% or less of total development. May apply intellectual property or licence fees.
• 15% refund when the development has been started, but is finished in 75% or less of total development. May apply intellectual property or licence fees.

3. PRODUCTS SERVICES

Our offered services related to products Installation Service, Template Integration, Priority Support, Cloud services, SSL, domaine name. Since such services are non-tangible and non-returnable, we do not issue refunds once we start the work or set-up services. We do not assure product redeployment or re-installation on third parties. Nevertheless, we assure you of the highest service quality and guarantee to try our hardest to meet your expectations.

Any questions concerning this Refund Policy may be directed to billing@say-digital.io.