Terms of Use of the Deepomatic Solution

Terms of Use of the Solution

The solution includes (i) a software platform available in SaaS mode, as more fully described in the Documentation, which notably allows you to configure and deploy the Client's applications and to collect data from the field, thus enabling You to visualize it via dedicated dashboards (hereinafter, the "Platform") and (ii) a mobile application which notably allows You to download the Client Data (hereinafter, the "Mobile Application"). The Platform and the Mobile Application (hereinafter, the "Solution") have been developed and are published by Deepomatic, a simplified joint stock company, registered with the Paris Trade and Companies Register under number 803489236, having its head office at 53 rue de Turbigo in Paris (75003) (hereinafter, "We", "Us", "Our" or "Deepomatic").

These Terms of Use granting access rights to Authorized Users of Our Clients (as these terms are defined hereinafter) under the conditions defined hereinafter, constitute a legal agreement between the Authorized User (hereinafter "You", "Your" or "Yours") and Deepomatic and consequently govern Your access to and use of the Solution, subject to the provisions of the Agreement.

Access to the Solution is granted to You by virtue of an Agreement entered into between the Client (the company on whose behalf You access the Solution) and Deepomatic, which has allowed the Client to acquire the rights and licenses required to make the Solution available to You.

BY ACCESSING THE SOLUTION, YOU WARRANT (I) THAT YOU HAVE BEEN AUTHORIZED BY THE CLIENT TO ACCESS THE SOLUTION AND HAVE BEEN DESIGNATED BY THE CLIENT AS AN AUTHORIZED USER; AND (II) THAT YOU HAVE READ AND UNDERSTOOD ANY ADDITIONAL PROVISIONS CONTAINED IN THE AGREEMENT, WHICH TAKE PRECEDENCE OVER THESE TERMS OF USE, WHICH YOU UNDERTAKE TO COMPLY WITH. OTHERWISE, YOU MUST NOT ACCESS OR USE THE SOLUTION.

IF YOU DO NOT ACCEPT THESE TERMS OF USE IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 3.2, YOU MAY NOT BE ABLE TO ACCESS OR USE THE SOLUTION.

1. Definitions

In these Terms of Use, the terms listed below have the following meaning when the first letter is capitalized, whether they are used in the singular or plural:

"Account" means the account created specifically by Deepomatic at the request of the Client or, as applicable, directly by the Client, for You, allowing You to access and use the Solution under the conditions of these TOU and the Agreement.

"Agreement" means the agreement entered into between Deepomatic and the Client for the provision of Services to the Client, under which the Client has acquired the required rights and licenses from Deepomatic, in particular to allow the Solution to be made available to Authorized Users.

"Applicable Data Protection Regulation" means (i) the European Regulation 2016/679 of 27 April 2016 (hereinafter the "GDPR") as well as any applicable national law implementing and/or supplementing the GDPR, as regularly updated, amended and/or replaced, in particular French Law No. 78-17 of 6 January 1978, known as the Data Protection Law; (ii) any applicable national law implementing European Directive 2002/058/EC of 12 July 2002, known as the e-Privacy Directive, as regularly updated, amended and/or replaced.

"Authorized Users" mean You, i.e. any person (whether an employee, temporary worker, trainee, service provider or direct or subsequent subcontractor of the Client) authorized by the Client to access and use the Solution for strictly professional purposes exclusively in the name of, on behalf of and for the needs of the Client, using an Account subject to compliance with the provisions of these ToU and the Agreement.

"Client" refers to the legal entity on whose behalf You access the Solution, which has entered into an Agreement with Deepomatic for the provision of the Solution and Services.

"Client Data" means the images, videos and, in general, any information communicated by Authorized Users to Deepomatic, including Personal Data, and/or any information uploaded, hosted and/or used by Authorized Users through the Mobile Application within the scope of these ToU.

"Credentials" mean the sequence of characters identifying You ("login") as well as the associated connection password ("password") created under the conditions further described in Section 3 of these ToU.

"Documentation" means the documentation relating in particular to the Solution including the description of its specific functionalities, the user manuals and its parameters, provided in English and available at the following address https://docs.deepomatic.com/, which may be updated by Deepomatic from time time under the conditions described in the Agreement.

"Services" mean the services that are provided by Deepomatic to the Client under the Agreement, including the provision of the Solution, support services for the use of the Solution and, where applicable, training services relating to the Platform.

"Terms of Use" or "ToU" mean the following terms of use of the Solution which You shall accept when You first connect to the Solution and which may be updated at any time by Deepomatic under the conditions described in Section 14 of the ToU.

"Third Party Websites" has the meaning set forth in Section 10.

The terms "Personal Data", "Processing ", "Data Controller", "Data Subjects", "Sub-processor", "Binding Corporate Rules", "Supervisory Authority" have the definition given to these terms in Article 4 of the RGPD.

2. Term

These ToU apply to You upon acceptance (when You connect to the Solution) and remain in force for the term of Your authorized use of the Solution and, in any event, for a maximum term corresponding to the term of the Agreement entered into between the Client and Deepomatic, subject to the provisions of Sections 12 and 13 hereof (hereinafter the "Term").

3. Access to the Solution and login

3.1. To access the Solution, the Client must designate You as an Authorized User. Depending on the modalities defined by the Client, Deepomatic or the Client will generate Your Credentials and create Your Account. You may have more or less extensive rights to access and use the Solution, depending on the level of authorization granted to You by the Client.

3.2. When You connect to the Solution for the first time, You will be asked to read and accept these Terms of Use. By accepting these ToU, You acknowledge that You have read and accepted all the provisions of these ToU, which You undertake to comply with in full. If You do not accept these ToU, You will not be able to access or use the Solution. Once connected to the Solution, You will be invited to personalize Your password when You first connect to the Solution. You must choose a password dedicated to the use of the Solution and compliant with good security practices.

3.3. Credentials and Accounts are personal and confidential. Consequently, You are and remain responsible for the confidentiality of Your Credentials and the use of Your Account on the Solution, as well as all activities associated therewith. You must not disclose Your Credentials to any third party. You must prevent any unauthorized access to or use of the Solution via Your Account.

3.4. You must inform Us, or the Client, without undue delay of any unauthorized access or use of Your Credentials, Your Account and/or the Solution, whether potential or actual, or more generally in the event of a security breach on the Solution, no later than twenty-four (24) hours after You became aware, or should reasonably have become aware, of such a breach. You also undertake to use all appropriate means to remedy the situation.

4. Rights of access and use of the Solution

4.1. Subject to Your compliance with these ToU and any additional provisions of the Agreement, We grant You a non-exclusive, non-assignable and non-transferable right (including by way of sub-license) on the territory identified in the Agreement between the Client and Deepomatic :

(i) to access and use in SaaS mode the Plateform and all its components and associated Documentation, within the limits of your accreditation level, the functional scope and the metrics specified in the Agreement, for the entire Term.

(ii) to download, access and use the Mobile Application and all its components and the associated Documentation, within the limits of your accreditation level, the functional scope and the metrics specified in the Agreement, for the entire Term.

4.2. You may only access and use the Solution in accordance with its intended purpose and solely for the Client's internal professional needs, any commercial use or other provision of the Solution being excluded.

5. Restrictions on use of the Solution

5.1. You shall not attempt to interfere with or compromise the integrity and security of the Solution.

5.2. You shall comply with all applicable laws and regulations when accessing and using the Solution.

You may only import into the Solution data (i) that is necessary for the proper operation of the Solution, (ii) that the Client has authorized You to import into the Solution; and (iii) for which You hold all necessary rights and authorizations.

5.3. Except where expressly permitted by public policy or the Contract, You shall not:

• use the Solution and/or the Services for purposes other than those strictly provided for in the Agreement and these ToU, or in any manner prohibited by law or regulation;
• use the Solution and/or Services in violation of the rights of others;
• use the Solution and/or the Services in a manner that may damage any element of the Solution and/or the Services or disrupt their use by another user of the Solution;
• sell, lease, sub-license, market, distribute, transfer or make available, in any manner whatsoever, all or part of the Solution and/or the Services to any person other than Authorized Users or provide any type of service to third parties in connection with the Solution and/or the Services, including but not limited to consulting, training, assistance, support, maintenance, outsourcing, service bureau, configuration or development services;
• modify (except as permitted and described in the Documentation and the Agreement), copy, alter, merge, adapt, integrate, delete, duplicate, create derivative works from, reverse engineer, decompile, disassemble or otherwise translate all or any part of the Solution;
• correct errors, defects and any other anomaly in the Solution and/or the Services;
• access, store, distribute or transmit any virus, data or material in connection with the use of the Solution and/or the Services which is illegal, unlawful, harmful, threatening, defamatory, obscene, abusive or which infringes any rights, or which does not comply with applicable laws;
• infringe Deepomatic's rights, including its intellectual property rights and other rights in or relating to the Solution and/or the Services;
• access all or part of the Solution and/or the Services in order to develop a product or service that competes with the Solution and/or the Services provided by Deepomatic;
• correct errors, defects and any other anomaly in the Solution and/or the Services;
• remove or alter Deepomatic’s trademark, logo or any other distinctive mark contained in the Solution and/or the Services;
• use any automated system or software, including, without limitation, "bots", "spiders" and "offline readers" not provided by Deepomatic or agreed by Deepomatic in writing to (i) access the Solution in a manner that sends more request messages to the Solution than a human can reasonably produce in the same period of time using a conventional online web browser and/or; (ii) extract any data, information or materials from the Solution (including, without limitation, by "screen scraping").

6. Intellectual property rights

6.1. You acknowledge and agree that We and/or, where applicable, Our third-party licensors, are and shall remain the exclusive owners or holders of all rights (including all intellectual property rights) in the Solution, all of its components, functionalities and modules (including, but not limited to, all text, graphics, images, logos, names, trademarks, signs, designations, sounds, photographs, videos, drawings, data, source codes, algorithms, databases, software, settings) and the associated Documentation, made available to You under these ToU and the Agreement ("Deepomatic Properties"). As such, You undertake to not remove, modify or alter any mention of intellectual property rights appearing on the Solution.

6.2. Except for the limited rights expressly granted to You under Section 4 of these ToU and granted to the Client under the Agreement, (i) You do not own any intellectual property rights and/or any other rights or licenses in or associated with the Solution, the Services and/or the Deepomatic Properties; (ii) all rights related to the knowledge, techniques, materials, programs, tools, integrations, enhancements and/or documents developed by Us in connection with the provision of the Solution and/or the Services shall remain Our exclusive property.

6.3. Subject to the provisions of the Agreement or the agreement binding You to the Client, You grant Deepomatic the non-exclusive, non-assignable and non-transferable right to use, reproduce, represent and exploit the Client Data, on its own behalf and for the sole purpose of improving the Solution and more generally the Services, developing new features and new Services as well as for the purpose of compiling and exploiting statistics throughout the world and for the entire duration of the protection of the related intellectual property rights.

7. Confidentiality

7.1. Unless expressly agreed otherwise between Us and the Client, You and We mutually undertake to keep strictly confidential all information exchanged in the course of using the Solution. For the purposes of this Section, all non-public information, knowledge and trade secrets of any nature whatsoever, exchanged by the Client or Us in the context of the Agreement, and/or communicated by You or Us and/or to which You or We have access on any medium, in writing, orally or by any means whatsoever, shared, contained or generated via the Solution or in the context of the provision of the Services during the Term, are to be considered as "Confidential Information". Furthermore, the following are to be considered as Confidential Information: (i) the Solution (including the data, database management systems and algorithms integrated into the Solution, and its source code), as well as the Documentation and/or all media made available to You by Deepomatic in connection with the Services, and (ii) the Client Data.

7.2. Each Party receiving Confidential Information undertakes: (i) to keep the said Confidential Information in the strictest confidentiality and not to publish it or disclose it to third parties without the prior written consent of the other Party; (ii) not to use the Confidential Information for any purpose other than the use of the Solution and the Services under the conditions set forth in the Agreement and these ToU; (iii) to take all necessary measures to protect its confidentiality; (iv) to limit disclosure and access to it to those persons who need to know it in order to perform the tasks incumbent upon them in the execution of the Agreement. All Confidential Information will remain the exclusive property of the Party that provided it.

7.3. Is not to be considered Confidential Information, the information:

• which communication has been previously authorized in writing by the disclosing Party;
• which is demonstrated by written evidence to have been previously known to the public at the time of disclosure to the receiving Party;
• which is demonstrated by written evidence to have been previously known to the receiving Party at the time of disclosure;
• that relates to projects developed by each Party independently of the performance of these ToU and the Agreement, provided that such independent development can be adequately established by written evidence prior to the disclosure of the Confidential Information by the receiving Party;
• that was disclosed to the receiving Party in good faith by third parties not bound by an obligation of confidentiality; or
• that either Party must produce in order to assert its rights or claims in a litigation action relating to the formation, interpretation or performance of the Agreement.

The obligations of the Parties with respect to Confidential Information shall remain in effect for the Term and for a period of five (5) years after the termination or expiration of Your authorized use of the Solution.

8. Protection of Personal Data

The use of the Solution entails several Processing of Personal Data:

• Some of these are implemented by the Client as a Data Controller: in particular, those relating to quality control of the proper execution of operations carried out on site using the Mobile Application.
• We invite You to contact the Client to obtain information on the Processing of Personal Data that is implemented in this context.
• Some of these are implemented by Deepomatic as a Data Controller: these are the Processing activities referred to in this section.

As part of the performance of these ToU and the Agreement, We may collect and process Personal Data concerning You. In this respect, We, as the Data Controller, implement Processing activities, in accordance with the Applicable Data Protection Regulations, for the following purposes:

• management and application of the ToU and monitoring of the contractual relationship;
• management of operations allowing Us to communicate with You;
• analysis of Authorized Users' browsing on the Solution in order to achieve usage statistics, improve user paths, functionalities and, more generally, the Solution and the Services;
• management of claims, pre-litigation and litigation;
• analysis and improvement of the Services provided, as well as improvement of the Solution;
• Your training in the use of Platform.

The Processing activities implemented are :

• For the following purposes, based on the performance of the contract: the management and application of the ToU and monitoring of the contractual relationship; the management of operations allowing Us to communicate with You; the management of claims, the management of pre-litigation and litigation; the training of Authorized Users in the use of the Platform;
• For the following purposes based on legitimate interest: the analysis and improvement of the Services provided and improvement of the Solution.
• For the following purpose on consent: the analysis of Authorized Users' browsing on the Solution in order to achieve usage statistics, improve user path, functionalities and more generally the Solution and the Services.

Unless otherwise provided in the Agreement or in these ToU, the Personal Data collected and processed in this context will be kept for the entire duration of the Agreement between Deepomatic and the Client. The necessary data will be kept for an additional period corresponding to the applicable statute of limitations.

The data collected and processed in this context will only be accessible to Our employees who need to access it in the course of their duties. It may also be processed by or disclosed to:

• third-party service providers, acting as Processors, to perform hosting, analysis, communication, data processing, database management or IT maintenance services;
• judicial or financial authorities, government agencies or public bodies, upon request and to the extent permitted by law, if required to do so by law or if We believe in good faith that such disclosure is reasonably necessary to comply with legal proceedings; or
• third parties in connection with a potential merger, acquisition or sale of all or part of the assets of Deepomatic.

Personal Data collected and processed may be transferred outside the European Union (EU). When Personal Data is transferred outside the EU, We implement appropriate safeguards to ensure the protection of Personal Data in accordance with Articles 45 et seq. of the GDPR, in particular by transferring the Personal Data to service providers (i) established in countries benefitting from an adequacy decision from the European Commission; or (ii) with whom we have signed or who have themselves signed standard contractual clauses according to the European Commission’s model (https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=en) or (iii) which have Binding Corporate Rules in place.

In accordance with the Applicable Data Protection Regulation, You have the right of access, to rectification, to erasure of their Personal Data, the right to data portability, the right to restriction of Processing as well as the right to object to the Processing of Your Personal Data. You also have the right to send Us special instructions regarding the fate of Your Personal Data after Your death.

To exercise these rights, You can send Us a request:

• by email to: privacy@deepomatic.com
• or by post to: Deepomatic - Privacy, 53 rue de Turbigo, 75003 Paris, FRANCE

Finally, you may lodge a complaint with the competent Supervisory Authority.

9. Use of cookies

9.1. What is a cookie?

A cookie is a small text file placed by a server on Your terminal (computer, tablet or telephone) when You use the Platform and/or when You install or use the Mobile Application. These files allow the exchange of status information between the Solution and Your terminal.

These data may reveal the type of terminal used, the date and time of the visit, the IP address and the activities carried out on the Solution.

9.2. Which cookies do we use?

We use several types of cookies, which We have listed below depending on their purpose, along with their main characteristics.

Cookies strictly necessary for the operation of the Solution

These cookies are essential to enable You to use the functionalities of the Solution in a secure manner. Without these cookies, the operations and functionalities of the Solution cannot be ensured.

We use the following types of cookies:

• Cookies preserving Your choice on the placement of cookies requiring Your consent.
• Authentication cookies allowing to retain Your browsing session information and thus allowing You to remain connected to Your Account throughout your use of the Solution.
• Cookies used to identify fraudulent or repeated connection attempts in order to protect the Solution's login system against misuse.
• Cookies linked to the operation of the chat used to allow You to access user support. These cookies will only be placed in the event of an interaction with the dedicated chat.

These cookies do not require Your consent, and their placement and reading are based on the performance of the contract.

Different retention periods apply to different types of cookies depending on whether they are session cookies (i.e. a cookie temporarily placed on Your terminal that is placed when You access the Solution and deleted when You close the Mobile Application or your browser window) or permanent cookies (i.e. a cookie that will remain on your terminal for a certain period of time to allow Us to remember Your preferences when You use it again).

In any case, cookies will never be placed on your terminal for more than 13 months.

Audience measurement and statistical analysis cookies

Depending on Your choice, We use audience measurement cookies which, thanks to a unique identifier, allow Us to analyze Your use of the Solution and to generate statistics on traffic and performance useful for improving the Solution.

These cookies help Us to understand how Authorized Users interact with the Solution, to understand the use and performance of the various components of the Solution (the pages and content visited, the browsing on the Solution, the time spent on certain functionalities or contents), and to measure traffic volumes.

The information gathered in this way allows Us to detect malfunctions in the Solution (problems of operation, ergonomics, user paths), but also to understand which functionalities are most frequently used and adapted to the interests of Authorized Users. This enables Us to improve the ergonomics of the Solution, its functionalities and, more generally, Our Services.

By accepting the placement of these cookies, You help Us to analyze the browsing and use of our Solution and thus to improve its functionalities.

If You accept the placement of such cookies, they will be kept, beyond the duration of Your navigation/use of the Solution, to allow Us to achieve relevant statistics, for a period of 1 year.

9.3. How to manage and/or modify Your choices regarding cookies ?

Your prior consent is required before the placement and reading of cookies other than those which are strictly necessary for the operation of the Solution.

In accordance with the guidelines and recommendations of the French Data Protection Authority (CNIL), Your consent is collected via an accessible interface when You first connect to the Solution.

You may also withdraw Your consent to the placement of cookies at any time by means of a hypertext link entitled "Manage cookies" appearing in the profile section of the Platform and/or in the burger menu of the Mobile Application.

This interface allows you to:

• directly accept the placement of audience measurement and statistical analysis cookies, for which consent is mandatory; or
• directly refuse the placement of audience measurement and statistical analysis cookies, for which consent is mandatory.

Your choice (acceptance or refusal) concerning the placement of cookies will be valid for a period of six (6) months. At the end of this period, We will request Your choice again under the same conditions as when You first connected to the Solution.

9.4. Personal Data processed by cookies

We process Personal Data through chat cookies and, if You consent, through audience measurement and statistical analysis cookies.

The Personal Data concerned are kept for the following periods:

• Those collected by audience measurement and statistical analysis cookies: 1 year
• Those collected by support chat cookies: 3 years

9.5. For more information on the Processing of Personal Data concerning You, please read Section 8 of these ToU.

10. Third-party websites or services

10.1. The Solution may include links to or call up the servers of third-party websites or services that are beyond Our control (hereinafter, "Third-Party Websites and Products").

10.2. We are not responsible for and make no warranties, express or implied, relating to the information, content or other products or services contained in or accessible through Third Party Websites.

11. Warranty and liability

11.1. SUBJECT TO THE PROVISIONS OF THE AGREEMENT, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

11.2. We do not warrant that (i) the Solution and/or its content will be free of errors, defects, viruses or other harmful components or interruptions or that the data or information provided and/or produced via the Solution are accurate, complete, up-to-date or error-free; (ii) the functionality of the Solution will meet all of Your needs; and (iii) the functionality of the Solution will enable You to achieve the intended results.

11.3. In any event, You shall be solely responsible for ensuring that the data and other results obtained by the Solution comply with Your requirements and those of the Client regarding the compliance and security of the products or services. You are solely responsible for the data and other results obtained by the Solution and for the use You and/or the Client make of the said results.

11.4. You are also aware of the technical hazards inherent in the Internet and the access interruptions that may result therefrom. We do not warrant that Your access to the Solution or any part thereof, or the availability of its content, will be uninterrupted or free from defects, viruses or other harmful components. We disclaim all warranties in this respect and cannot therefore be liable for any damage arising from the use of the Internet and computer and telecommunications systems. We disclaim all liability for any damage arising from any intentional or unintentional disruption of the availability of the Solution not resulting from Our action or omission. You are solely responsible for implementing appropriate anti-virus and security software on Your hardware and other devices to protect them from bugs, viruses or other harmful programming routines. You acknowledge and agree that the availability of the Solution may be interrupted for maintenance, security and/or any other purpose and/or due to computer problems, interruption or malfunction of the Internet network, failure of any receiving equipment or communication lines, or other unforeseen circumstances.

11.5. SUBJECT TO THE PROVISIONS OF THE AGREEMENT, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGE, CLAIM, EXPENSE OR LOSS OF ANY KIND (WHETHER DIRECT OR INDIRECT, INCLUDING ANY LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SOLUTION AND/OR THE CONTENT OR INFORMATION CONTAINED THEREIN AND/OR THE SERVICES.

12. Modification and suspension of the Solution

Subject to the provisions of the Agreement:

• We may, at Our sole discretion, update and modify any functionality, module or content of the Solution; and
• We reserve the right to suspend all or part of the Solution for any reason other than those mentioned in Section 13 under the conditions that may be provided for in the Agreement (in particular for maintenance or security reasons).

13. Suspension and termination of access

13.1. Without prejudice to any other remedy or compensation We may claim otherwise, We reserve the right, without prior notice and at any time, to refuse to make available or to limit, suspend or terminate access to and use of all or part of the Solution and to take technical or legal measures to prevent You from accessing the Solution in the following cases:

• in case of violation by You of these ToU, in particular Section 5, or of any additional provision of the Agreement;
• if the use of the Solution is likely to infringe and/or violate any third party rights and/or any Deepomatic’s Property;
• if Your use of the Solution is likely to impair or interfere with its proper functioning and use by other Authorized Users of the Solution;
• if required by law or any applicable regulation and/or any judicial, administrative or governmental authority;
• if requested by the Client for any reason.

13.2. In such a case, Your access to the Solution will be suspended immediately and without notice. Your access to the Solution will be automatically terminated upon expiration or termination of the Agreement or in the circumstances set forth in these ToU. You acknowledge and agree that, in the aforementioned cases, We will deactivate Your Credentials and the associated Account.

13.3. Furthermore, We reserve the right to suspend all or part of the Services without notice:

• In the event of an actual or potential breach of the security or integrity of the Solution, or
• To comply with an injunction, order, decision or direction of a competent authority.

14. Modifications to these terms of use

14.1. We reserve the right to modify all or part of these ToU at any time. In this case, You will be informed when You next connect to the Solution, and You will be asked to read the modified Terms of Use and to accept or reject the new Terms of Use. If You do not accept the revised Terms of Use, You will no longer be able to access or use the Solution.

14.2. You can access the applicable version of the ToU at any time in the corresponding tab of the Solution.

15. Miscellaneous

15.1. Failure by either Party to enforce any provision of these ToU at any time shall not be deemed as a waiver of the benefit of such provision or of the right to enforce such provision at a later time and/or to seek compensation for any breach of such provision. The waiver by either Party of any of the obligations incumbent upon the other Party or of a breach committed by the latter cannot be considered as a waiver of any other obligation or any subsequent breach by the same Party. Waivers must be written and signed by the waiving Party.

15.2. If any provision of these ToU is contrary to law or regulation, or is held to be void or invalid following a final decision of a competent court, such provision shall be deemed unwritten and shall be replaced by a valid provision of equivalent effect as agreed by the Parties. All other provisions of these ToU shall remain in full force and effect between the Parties.

15.3. If You have any questions regarding the use of the Solution or these ToU, You may contact Your usual Deepomatic contact or send an e-mail to support@deepomatic.com.

16. Applicable law and dispute resolution

16.1. These ToU are governed by French law, to the exclusion of any other legislation.

16.2. Any dispute between the Parties concerning questions relating to these ToU, their validity, enforceability, interpretation or performance, which cannot be settled amicably, will be submitted to the exclusive jurisdiction of the Commercial Court of Paris, it being understood that each Party may request injunctive relief or summary proceedings from any competent court.