Version: Apr 22, 2022

These General Terms of Sale ("General Terms of Sale") provide Customer with the services described on the website www.dataeddy.com (the "Website") or in the Purchase Order, as described below (the "Services"), applicable to DataEddy Solutions SAS ("DataEddy "), registered under number 790 841 266, located at 16 Passage Jouffroy, 75009 Paris, France, whose purpose is to define the terms and conditions for the provision of the Services to the Client and to describe the relevant rights and obligations of the parties.

These can be supplemented if necessary by purchase orders (hereinafter referred to as "Purchase Orders") or special terms of use for certain services, which will be considered as supplementary to these General Terms of Sale and will take precedence over the latter in case of contradiction. By signing a Purchase Order or accepting these General Terms of Sale during the registration process, you hereby acknowledge that you are authorized to commit to the Customer through such process.

The Service is only available to professionals, which is understood to mean any natural or legal person engaged in non-incidental gainful activities in all industrial and commercial sectors.

1. The service

Service means at all times the most current version of the Web Services, related software and other related services provided by DataEddy to Customer under these General Terms of Sale and Purchase Order, as applicable. The Service is presented on a SaaS (Software as a Service) basis with various features and functionality available at www.dataeddy.com (hereinafter referred to as the "Solution"). The Service may also include supplemental services and modules, including third party professional services, software and services, as agreed upon by Customer and DataEddy. If third party services are ordered through the Service, Customer may be obligated to accept the general terms and conditions of those third parties in order to receive the Services. Additional professional services are defined in the Purchase Order. DataEddy continuously strives to develop and improve the Services. DataEddy reserves the right to introduce new versions, updates and packages of the Services at any time without notice, including, but not limited to, modifications affecting the design, method of operation, technical specifications, systems and other features of the Services. DataEddy will notify the Client in advance of such modifications if it deems them essential to the Client.

2. Access to services, passwords, etc.

DataEddy protects the Services, and it is important that these Services can be used in conditions of complete security. Customer must ensure that the user names and passwords of users accessing the Solution are stored and used in a secure manner and are not accessed or used by unauthorized third parties. The Customer is responsible for any unauthorized use of the Customer user's user name and login information to access the Services. If Customer suspects that an unauthorized person knows a username and/or password, Customer must notify DataEddy immediately and also change that username and/or password. DataEddy reserves the right to terminate Customer's access to the Services at any time if DataEddy believes that Customer has failed to comply with the General Terms of Sale or that there is a security risk to the Solution and the Services.

3. Use of services

The Service may be used by Customer as a legally constituted entity and organization in accordance with these General Terms of Sale and, where applicable, in accordance with administrative and security instructions sent to Customer by DataEddy, such as through the Service, information sent directly to Customer or through the Website. Customer will be responsible for the activities of its users, including its employees, consultants, managers, directors, agents or staff, within the scope of the Services and will use the Services in accordance with all laws applicable to them. Any content uploaded, transmitted, publicly displayed, processed or entered into the Services by the Client (hereinafter referred to as "Client Content") will be considered the sole responsibility and obligation of the latter.

Customer must use the Services only for internal business purposes and must not. (i) grant a license or sublicense to sell, resell, rent, assign, distribute, time-share or otherwise exploit the Services or make them available to third parties; (ii) send spam or other unsolicited messages in violation of applicable law (iii) knowingly send or store material containing computer viruses, worms, Trojan horses or any other malicious IT code, files, scripts, agents or malware, or cause "bots" or other unauthorized automated programs to interact with the Services; (iv) interfere with or adversely affect the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or related systems or networks unauthorized access to the Services or related systems or networks. Customer shall not (i) modify, copy or create derivative works based on the Solution and/or Services, or (ii) disassemble, reverse engineer or decompile the Solution and/or Services. Customer warrants that DataEddy has all necessary rights and licenses to distribute such Customer Content. It undertakes that said Customer Content is lawful, does not violate public order, public policy, public morals or the rights of third parties, does not violate any legal or regulatory requirements, and more generally is not likely to give rise to any civil or criminal liability for DataEddy.

4. DataEddy content

During the use of the Service, DataEddy provides content to the Customer when displaying its search results ("DataEddy Content").

This DataEddy Content is derived from data aggregated from DataEddy itself or from third parties. This DataEddy Content may be protected by laws under copyright or other applicable regulatory provisions preventing the use of said DataEddy Content outside the scope of the services provided by DataEddy.

Therefore, the Client acknowledges and accepts that the content of DataEddy may only be used within the scope of the services provided by DataEddy. The Client is prohibited from using the DataEddy content as part of the Services outside the scope of the Services.

Customer uses DataEddy's content for any purpose outside the scope of the Services at its own risk, and DataEddy provides no warranty and assumes no liability for such use.

5. Customer Content

When using the Service, it is extremely important to respect the rights of third parties. Any upload, transfer, distribution, publication, processing or input of Customer Content by the Customer within the scope of the Solution or Service will be considered the sole and exclusive responsibility of the latter. This also applies to all aspects of DataEddy Content produced by DataEddy as part of the agreed services provided to the Client. The Client will be responsible for monitoring its Customer Content and will be deemed responsible to DataEddy for ensuring that the Customer Content it publishes does not affect third parties in any way, does not violate these General Terms of Sale or applicable law in any way, and that the Customer Content is appropriate. Accordingly, Customer must analyze and critically evaluate its obligations prior to publishing Customer Content through the Services. Among other things, this means that Customer must ensure that Customer Content is available through the Customer Content.

not violate the terms of use of Twitter, Facebook, Instagram, Linkedin, and any other third party services accessed by the Customer in connection with the use of the Services;

● not commit any criminal acts.

Not to defame, libel, persecute, slander, discriminate (e.g., on the basis of race, color, national or ethnic origin, religious beliefs or sexual orientation, disability or illness), threaten or otherwise injure any other person or their rights in any way.

Not to post inappropriate, vulgar, offensive, dishonest, inappropriate, racist, pornographic, or sexist material through Customer Content.

Not send or allow to be sent any unsolicited advertising, such as spam, or use the Services in any other way to transmit or publish Customer content that consists primarily of specific commercial offers and proposals, such as advertisements, click-through offers, price lists or the like.

● Not to reproduce, sell, circulate, publish or use DataEddy content or any other content or material belonging to DataEddy or other clients or users (if you have not obtained express consent to do so).

● Not claim to be someone else or in any way falsely portray the Customer's affiliation with another person or organization.

● Not to provide material (such as trade secrets, insider information or confidential information) that the customer is not authorized to release under law, agreement or any duty of loyalty related to it.

7.1. does not violate any applicable data protection laws; and

● Not to infringe any patent, trademark, trade secret, copyright, neighbouring right, design protection (whether registered or not) or any other intellectual property right, and not to allow third parties to infringe these rights.

Customer must also ensure that it has the appropriate rights to distribute Customer Content through the Services. By posting Customer Content, Customer warrants that it has such rights. Customer must.

has received all necessary consents from the relevant third party or has ensured the existence of another legal basis for the processing so that the processing, including the publication of Customer Content through the Services, does not infringe the rights of any person or organization.

To the extent required by law, ensure that there is a reasonable legal basis for the publication of any images of persons visible in the uploaded images or movies.

The Client warrants that DataEddy will not be harmed by any legal action arising from any Client Content published in violation of these General Terms of Sale.

DataEddy may, in its sole discretion, remove all or part of the published Customer Content at any time without notice if DataEddy believes that the Customer Content violates these General Terms of Sale. DataEddy must notify the Customer of such removal and the reasons for such removal.

6. Use of Customer Content by DataEddy

In order for DataEddy to provide the Services to Customer, Customer grants DataEddy a non-exclusive, royalty-free, worldwide and otherwise unlimited right to process, use, publish and reproduce Customer's Content and to make such Content available, directly or indirectly, for the purpose of providing the Services to Customer.

7. The personal data processing

7.1. General arrangements

As part of their contractual relationship, the parties shall undertake to comply with the applicable regulations governing the processing of personal data, in particular the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016) and the French Data Protection Act of 6 January 1978 (hereinafter collectively referred to as the "Applicable Regulations").

Each party processes the personal data of the contact person of the other party involved in the execution of the contract for the purpose of managing the contractual relationship between the parties and for the duration of the general terms of sale, as a data controller within the meaning of the applicable regulations. This processing is carried out for the purpose of executing the general terms of sale, and the parties process only identifying data (e.g. full name, e-mail address, telephone number).

Personal data is retained for as long as strictly necessary to manage the business relationship between the parties. The controllers of the data processing of the parties, their control services (in particular the auditors) and the staff of their processors have access to personal data.

This processing may result in the parties' contacts exercising their rights under applicable regulations.

7.2. The processing of personal data by DataEddy as a data processor

7.2.3 Description of the processing performed by DataEddy

As part of the Services, DataEddy processes personal data in the name and on behalf of the Client in the capacity of data processor, with the Client acting as data controller within the meaning of the applicable regulations.

The characteristics of the processing are as follows.

Data Protection Officer	Valerie Paris dpo@dataeddy.com
Purpose of processing	Execution of the service
Nature of processing Categories of personal data	Collect, record, organize, structure, store, adapt or modify, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, adapt or combine, restrict, delete or destroy Any type of personal data embedded in the displayed content
Categories of data subjects	Any natural person who has personal data embedded in the displayed content
Duration of processing	Duration of the General Terms of Sale

7.2.4 Obligations of the Supplier to the Customer

Data processing:

DataEddy undertakes to process personal data only for the aforementioned purposes and in accordance with the Client's written instructions, including in relation to data transfers outside the European Union. If DataEddy believes that an instruction violates applicable regulations, he shall immediately notify the Client. Furthermore, if DataEddy shall process personal data and transfer it to a third country or an international organization, he shall inform the Customer of this legal requirement prior to the processing, in accordance with the applicable regulations of the General Terms of Sale, unless such law prohibits such information on important grounds of public interest.

Security and data confidentiality:

DataEddy undertakes to take appropriate technical and organizational measures to ensure the security and integrity of personal data, to back it up and to restore its availability in the event of a physical or technical incident. DataEddy ensures that the persons authorized to process personal data have undertaken to keep it confidential or have assumed appropriate legal obligations of confidentiality.

Sub-processor:

DataEddy is authorized to use processors (hereinafter referred to as "sub-processors") for specific processing activities.

The Subprocessor shall comply with its obligations under this Agreement on behalf of and at the direction of the Client. DataEddy shall ensure that the Subprocessor provides the same adequate guarantees in terms of implementing appropriate technical and organizational measures to enable the processing to comply with the requirements of the applicable regulations. If the Sub-processor fails to fulfill its data protection obligations, DataEddy remains fully liable to the Client for the Sub-processor's fulfillment of its obligations.

For inquiries regarding DataEddy's sub-processors, please contact gdpr@dataeddy.com

Transfer of personal data outside the EU.

DataEddy has the right to transfer personal data processed as part of these General Terms of Sale to countries located outside of the European Union if the appropriate safeguards under Chapter 5 of the GDPR have been implemented.

Assistance and provision of information:

DataEddy undertakes to assist the Client and to respond to any request for information sent by the Client without undue delay, whether in the case of a request by a data subject to exercise his or her rights, in the case of a privacy impact assessment, or at the request of a supervisory authority or the Client's data protection officer.

Notification of personal data breach:

DataEddy shall promptly notify the Client upon becoming aware of any personal data breach and shall provide the Client with all relevant information and documentation relating to such personal data breach.

The fate of the data:

DataEddy undertakes to delete personal data upon termination of these General Terms of Sale and not to retain copies, unless the storage of personal data is required by EU or Member State law.

The file:

DataEddy shall, upon request, provide Client with all information and documentation necessary to demonstrate compliance with its obligations and allow for audits. Customer may conduct an audit once a year, at its own expense, to verify DataEddy's compliance with its obligations under this section. The Client will notify DataEddy at least two (2) weeks prior to the audit, and DataEddy may refuse the identity of the auditor if he or she belongs to a competing company. The audit shall be conducted during working hours with minimal disruption to DataEddy's activities. The audit shall not threaten (i) the technical and organizational security measures implemented by DataEddy, (ii) the security and confidentiality of DataEddy's other customer data, and (iii) the normal operation and organization of DataEddy. Where possible, the scope of the audit will be agreed upon in advance by both parties. Audit reports will be sent to DataEddy for submission of comments, which will be attached to the final version of the audit report. Each audit report will be treated as confidential information.

7.2.5 Obligations of the Customer to DataEddy

Customer Commitment:

to DataEddy as described above, with the exception of any inappropriate, disproportionate or unnecessary personal data, and any "special" personal data within the meaning of applicable regulations, unless the processing activity justifies it. In this case, the Client must document these grounds and take all measures, in particular prior information, to collect the appropriate consent and appropriate security measures appropriate to such special data.

Collect the personal data provided to DataEddy legally, fairly and transparently, in accordance with its responsibilities to perform its services and, in particular, to ensure the legality of the processing and the information of the data subject.

Keep records of the processing activities carried out and, more generally, comply with the principles of the applicable regulations.

Prior to and throughout the processing, ensure compliance with the obligations set forth in the applicable regulations.

8. Access and security

DataEddy agrees to take reasonable steps, in its sole discretion, to ensure that the Services are available on the Internet 24 hours a day, 7 days a week. DataEddy reserves the right to take measures affecting said access when it deems necessary for technical, maintenance, operational or security reasons. Customer acknowledges and accepts that maintenance, updates, errors and other causes or circumstances, whether planned or unplanned, may result in interruptions or failures affecting the Service. Customer may visit status.dataeddy.com to obtain information regarding the current operational status of the Services. Customer understands and acknowledges that its access to the Internet cannot be guaranteed and that DataEddy is not responsible for any problems with Customer's Internet-related connection or equipment under any circumstances. DataEddy must take reasonable steps to ensure that the security of the Services meets the applicable standards of the Department. DataEddy's security measures are described in the Security policy and apply at all times. The Security Policy can be viewed here.

Due to the complexity of the Internet, the unequal performance of the different subnetworks, the peaks in user usage of the Solution at a given time, and the various bottlenecks beyond DataEddy's control, DataEddy's responsibility will be limited to the operation of its servers, with external limitations consisting of its connection points. DataEddy may not be considered to be liability for (i) access speeds when accessing its servers; (ii) external slowdowns affecting its servers; and (iii) undesirable transmissions due to failures or problems with these networks. DataEddy may not be considered liable in the event of a malicious intrusion within the storage areas reserved for its customers, unless the security measures it employs prove to be grossly inadequate. In addition, DataEddy shall not be liable for any lack of vigilance on the part of Customer users in maintaining the confidentiality of their usernames and passwords.

9.  Assistance services

If the Client has any questions regarding the use of the Services, DataEddy will provide an assistance service for him/her. Contact details and opening hours of the assistance service can be found on the DataEddy website.

10. Term and termination of contract

The Services are provided on a subscription basis (hereinafter referred to as "Subscription").

The subscription begins on the date the Customer provides its banking information and lasts for a period of one (1) month or one (1) year from date to date, depending on the subscription period chosen by the Customer, (hereinafter referred to as the "Subscription Period").

If the subscription is made in the form of a purchase order, the subscription is made for the duration of the DataEddy mentioned in the said purchase order. If the Customer enters its bank details before the expiry of the free trial period, the subscription will commence on the date on which these details are provided. The subscription will automatically renew for the same period as the subscription, starting today, unless DataEddy or the Customer cancels the subscription at least one (1) week or ninety (90) days prior to the expiration of the relevant period. Subscriptions must be cancelled.

- by the Customer: by clicking on the button provided for this purpose in their customer account or by e-mail.

- By dataeddy: by e-mail.

Cancellation of the subscription will take effect at the end of the last day of the subscription.

Once the paid subscription period or free trial period ends, the Service will automatically be downgraded to a "free" subscription offer of the Service. In the case of a free subscription period, either party may terminate the subscription by giving written notice or, if applicable, by means of a dedicated button provided for this purpose.

DataEddy may terminate the subscription at any time and with immediate effect prior to the above date, if the Client.

fails to comply with any provision of these General Terms of Sale or, more generally, if Customer violates any law or regulation and does not take any steps to correct such errors within thirty (30) days after receiving a written request from DataEddy, or

DataEddy may go bankrupt, enter into a settlement agreement, suspend payments, take corporate restructuring measures, or risk bankruptcy in the following circumstances

11. Limitation of warranties and claims

DataEddy warrants to Customer that under normal conditions and circumstances of use, the Services will operate in a material manner, in accordance with the content presented on DataEddy's website, for the intended purpose, and only as part of the Services using DataEddy Content. This warranty does not apply to trial periods or free subscriptions for subscriptions. In addition to DataEddy's warranties set forth above, to the extent permitted by law, DataEddy disclaims any other warranties or guarantees, express or implied, with respect to the Services, including, but not limited to, their fitness for a particular purpose, the accuracy or reliability of results obtained from use of the Services, that the Services meet specific requirements, that the Services will not be interrupted or adequately protected, or the absence of computer errors.

12. Limitation of liability, etc.

Except for any legal liability that DataEddy cannot legally reject (such as compulsory liability in relation to products, liability for personal injury or death, etc.), DataEddy may not be deemed liable for any loss of revenue, profits or savings, contracts, production, customers, data or other information, as well as for complaints or claims of third parties, consequential damages and any other indirect losses. In addition, DataEddy's overall liability in a calendar year shall not exceed the amount paid by the Client to DataEddy in that calendar year.

DataEddy is not responsible for ensuring the permanent and uninterrupted availability of the Services, nor is it responsible for any other losses or circumstances arising after one of the situations mentioned in Article 8 for DataEddy, including lack of access and security, interruptions, risks and failures. It should be remembered that DataEddy is a simple provider of data aggregation technology. DataEddy does not validate the data released to customers through its technology. Therefore, with respect to DataEddy Content, third-party services or materials, DataEddy does not warrant that any DataEddy Content or any materials or services provided by third parties are completely correct, reliable, complete or available, and DataEddy is not liable for any damages resulting from problems with such DataEddy Content, materials or services. materials or services for any loss or damage caused by problems with such DataEddy Content, materials or services. The parties are reminded that the Client is authorized to use the DataEddy Content only for consultation as part of the Service and that any other use of the DataEddy Content is at the Client's risk and is not guaranteed by DataEddy.

Customer will defend and indemnify DataEddy against any complaints, claims or actions by third parties against DataEddy arising out of (or in connection with) Customer's use of the Services, including complaints and claims relating to Customer Content posted by Customer as part of the Services.

13. Prices and payments

In return for providing the Solution and Services, the Client will pay the prices on the Website based on the quotation selected at the time of subscription to the Services or stated in the Purchase Order. DataEddy reserves the right to increase the prices during each renewal period. Customer will be notified of these modifications to DataEddy by any appropriate written means (including email) at least two (2) weeks (in the case of monthly subscriptions), two (2) months (in the case of annual subscriptions) prior to the effective date of the new prices. Once the new prices become effective, the new prices will apply upon renewal of the subscription. Unless otherwise stated in the purchase order, payment will be made at the beginning of each subscription period upon invoicing by DataEddy or, if applicable, by credit card. Payment shall reach DataEddy in full within the time specified for payment on the invoice or in the purchase order, as applicable, and in the event of late payment or non-payment by the Customer, DataEddy may invoice it for interest on late payment at a rate of eight (8) percent per annum, in addition to compensation for collection fees and any recovery costs, and any other means of redress at DataEddy's disposal.

The client agrees to be billed in the currency stated on the invoice and to make payment to the account specified on the invoice.

Without prejudice to its other rights, DataEddy may temporarily suspend the Client's access to the Services in the event that the Client's payment is more than 20 (twenty) days late. In addition, DataEddy may terminate the subscription and delete and destroy Customer Content in the event of late payment exceeding 40 (forty) days.

In the event of early termination of this Agreement due to non-compliance by the Client, the Client shall be entitled not to repay any prepayments.

14. Force Majeure

Neither party shall be deemed responsible for any failure or delay in its commitments under these General Terms of Sale if such failure or delay is caused by circumstances of force majeure as defined in Article 1218 of the French Civil Code. The parties hereby agree that the term "force majeure" means all events normally recognized by law and by the French courts, including but not limited to interruptions or problems with the Internet or network, telecommunications, power supply or any other infrastructure, general labor disputes, war, fire, lightning, epidemics/pandemics, terrorist attacks, DDoS attacks or similar attacks designed to interrupt the normal flow of data, changes in regulations by the authorities or errors and delays in the provision of services by subcontractors as a result of these circumstances.

15. Intellectual property rights

All intellectual property rights relating to DataEddy, DataEddy Solutions, DataEddy Services, the Website and all other related services, such as patents, design patents, design rights, copyrights, neighboring rights, moral rights, trade secrets and know-how, rights relating to databases, trademarks, company names, rights relating to commercial legislation and any other intellectual property rights. In all cases, whether or not registered or registrable, and except for the rights for which registration is sought, all applications for registration of any of the DataEddy rights mentioned above, and all rights and forms of protection of the same nature or with similar effect worldwide, are and will remain the property of DataEddy or its licensors. In no event shall use of the Services constitute a transfer or assignment of such intellectual property rights to Customer.

Customer expressly acknowledges and accepts that any use of DataEddy Content outside of the Services may result in infringement of intellectual property rights, for which Customer will be deemed solely responsible. Any Customer Content posted by Customer through the Services remains the exclusive property of Customer or its respective legal owners. All rights to the DataEddy Content, produced by DataEddy in the name of the Client as part of the professional services provided, will also be considered the property of the Client.

16. Privacy and confidentiality

The parties agree to treat information (whether in oral, written or electronic form or in any other form) that may be considered professional or trade secrets of the other party as private and confidential, unless the party providing said information expressly states its written consent to the contrary. This means that neither party may disclose such information to third parties or use such information for purposes other than the performance or enforcement of these general terms of sale. The parties must also ensure that all employees, staff, agents or others to whom such information is disclosed adhere to and respect this commitment. This privacy and confidentiality obligation will continue to apply for two (2) years after the termination of these General Terms of Sale. However, the privacy and confidentiality obligations will not apply to information that is widely known or of which a party can prove that it learned by any means other than these General Terms of Sale. The privacy and confidentiality obligations will also not apply when a party is required to provide information in accordance with law, regulation or the decision of an authority.

17. Message

The Client may contact DataEddy Solutions SAS, 16, Passage Jouffroy, 75009 Paris, France

Or by e-mail support @ DataEddy.com by post.

When DataEddy needs to contact Customer, DataEddy will use the postal address or email address provided by Customer at the time of subscription to the Services or included in the purchase order. It is the Customer's responsibility to ensure that such contact information is up to date.

DataEddy may also send marketing communications to Customers regarding DataEddy products, services and events.

18. Modifications to the General Terms of Sale

DataEddy may modify the General Terms of Sale. The Client will be informed of these changes by email or through information provided within the Service or on the DataEddy website.

In the case of a monthly subscription, 2 (two) weeks prior to its effective date.

In the case of an annual subscription, 2 (two) months prior to its effective date.

If the Client does not accept these modifications, it must terminate its contract in accordance with the conditions of Article 10 "Contract Terms and Termination".

19. Business Reference

Unless expressly stated in a purchase order or notified to DataEddy in any appropriate written manner, Customer authorizes DataEddy to use its name, brand, logo and website details in any form for commercial reference in any media.

20. Transfer of services

These general terms of sale are valid between the parties and may not be transferred or disposed of without written authorization. However, DataEddy may transfer the provision of the services, in whole or in part, to another company belonging to the same group as DataEddy. All rights and obligations that exist between the Client and DataEddy will apply between the Client and the company that undertakes the Services.

21. Applicable law and dispute resolution

These General Terms of Sale and the relationship between the Customer, you and DataEddy will be interpreted and applied in accordance with French law, unless otherwise provided for by mandatory applicable law. Any dispute arising out of these General Terms of Sale or the relationship between the parties will be resolved in the first instance by the French ordinary courts and the Commercial Court of Paris (Tribunal de Commerce de Paris), unless otherwise provided by the overriding applicable law.