Terms & Conditions, SecludIT SaaS

By using Elastic Detector SaaS, you agree to the following terms and conditions.

Last Updated: Nov, 2nd, 2012.

BETWEEN

SECLUDIT, a joint stock company with capital of EUR 202,083.20, located at 2405 route des dolines 06560 Valbonne Sophia Antipolis - FRANCE, registered with the Trade and Corporate Register of GRASSE under No. 532 107 992 Represented by its President duly authorized.

Hereinafter referred to as "SECLUDIT"

AND

Any User / Customer, natural person or legal entity, using the services "Elastic Detector" and "CloudyScripts" as well as any other service delivered by SECLUDIT and described below.

I GENERAL

1.1. Legal Identification

The secludit.com, cloudyscripts.com and elastic-detector.secludit.com web sites are edited by the company SECLUDIT, a joint stock company with capital of EUR202,083.20, located at 2405 route des dolines 06560 Valbonne Sophia Antipolis FRANCE, registered with the Trade and Corporate Register of GRASSE under No. 532 107 992, which also directs the publication through its legal representative.

The sites are hosted by Amazon Web Services LLC, having its registered office at P.O. Box 81226 Seattle, WA 98108-1226 http://aws.amazon.com.

1.2. Personal Data Policy

Pursuant to the Act of 6 January 1978, data collection and computer processing thereof that may possibly be carried out by the Site are first registered with the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission)(CNIL www.cnil.fr NB: declaration underway). Once registered it will be possible to access it by writing to the CNIL, at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to decweb@cnil.fr.

The operation of this Site may involve the collection of a certain amount of personal data from the internet user. The main purpose of such collection is the proper display of the site on the user's screen and the establishment of general activity statistics. The collection of certain personal data may be made by the use of "cookie" files stored by the server hosting the site on the user's hard drive to facilitate navigation on the site or for constituting statistical data concerning general site activity. Although they do not allow direct identification of the user they are treated by the CNIL as personal data. The information thus collected is neither sent nor sold to any third party except in the very unlikely case that they should be communicated to the judicial authorities by court order. Only data relative to billing and payment are retained by SECLUDIT. The latter cannot be bound by any obligation, in particular for security relative to such information.

All the more, SECLUDIT shall not transfer any personal data that may be collected on the Site to non-member states of the European Union or the United States, which does not present a level of protection equivalent to that in force within the Union. In the unlikely alert that such a transfer would be required and envisaged, SECLUDIT shall undertake to sign an agreement prior with the entity receiving the data, whereby the latter would undertake to provide data protection in accordance with Directive 95/46/EC of 24 October 1995, transposed into French law by Act of July 15, 2004 and to communicate said agreement to the CNIL.

Users to the site have the option to refuse registration of any such cookies by selecting the corresponding option in the browser's toolbar. The site user is requested carries out this step if such is his will. In said alert, the ease of navigation, loading of web pages, and the implementation of certain applications may be altered. The following procedure should be carried out for complete rejection of cookies:

  • Internet Explorer (Microsoft): In the Tools menu click on Internet Options / Click on the Security tab / Click the Internet icon / Click on Customize the Level / Select Disable Cookies in the paragraph Cookies (2 times) / Click OK (2 times)
  • Firefox (Mozilla Foundation): In the Tools menu select Options in the tree menu. / Select click on delete cookies or click delete all information / Click on OK
  • Other operating systems please refer to the help section or contact the publisher, dealer or computer consultant.

Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), all User or Customers have a right to access, modify, rectify and delete data that may concern him. Said rights may be exercised where required with SECLUDIT: by post to SECLUDIT SAS, at 2405 route des dolines, 06560 Valbonne Sophia Antipolis FRANCE, or by e-mail by writing to info@secludit.com. Requests are processed within a minimum period of one month and shall not exceed four months.

1.3. Definitions

Customer: Any person who subscribed to one or more Services provided by SECLUDIT

Elastic Detector: Elastic Detector is software which has been created by SECLUDIT. It applies a new paradigm for securing and monitoring highly dynamic cloud infrastructures by automating resource detection, monitor deployment, and alert configuration. Elastic Detector keeps up with every change with close-to-zero administration cost.

CloudyScripts: CloudyScripts is software which has been created by SECLUDIT. It consists of scripts for network and system engineers in order to provide high availability on a cloud infrastructure.

Services: all services provided by the company SECLUDIT to the Users as defined in Article III hereof, including Elastic Detector and CloudyScripts, access to a space reserved for each Customer on the secludit.com platforms.

SECLUDIT solution: all equipment and computer programs, of which SECLUDIT holds the rights, and which are made available to the Customers, or single users as part of these Terms and Conditions of Use of Services for ensuring the delivery of services.

Site: the website located at the URL http://secludit.com

User: any person using the site's resources, Simple User or Client...

II ENFORCEMENT OF TERMS AND CONDITIONS OF USE OF SECLUDIT.COM SERVICES

2.1. General Description of Services and prior notification

SECLUDIT is a software security company fully dedicated to cloud infrastructure security. SECLUDIT's vision is that only a fully automated approach to security can cope with the elastic nature of new cloud infrastructures. SECLUDIT's products are based on patent pending Elastic Security technology, which allows to dynamically adapt the security perimeter to changing cloud infrastructures.

CloudyScripts allows to build high availability cloud infrastructures by for example:

  • Copying servers to geographically distant regions
  • Converting servers and data available on ephemeral devices to persistent storage

Elastic Detector reduces the risk associated with cloud infrastructures, through:

  • Security alert detection
  • Full visibility on Clients assets deployed on cloud infrastructures
  • Full deployment of Clients applications without changes on the application
  • Near zero administration costs through advanced automation principles
  • Elimination of manual configuration errors
  • Negligible impact on infrastructure performance
  • Full scalability up to thousands of instances

2.2. Territories

The present site is open to all countries around the world.

Should this Site, the services it proposes or the manner in which they are proposed be partly or entirely illegal in the eyes of the national SECLUDIT of the Customer.s country of residence, the Customer must refrain from accessing it from this territory or access it from other territories where they are considered to be legal. Any Customers who chooses to access the secludit.com platform from a territory where he is considered to be totally or partially illegal does so on his own initiative and at his own risk and must assume the consequences of the implementation of the public orders regulations of his country of residence, without attributing liability to SECLUDIT.

2.3 Acceptance

On accessing this Site, all Users are subject to the present General Terms and Conditions and are deemed a contracting party of the Site secludit.com throughout the duration of subscription to the service. The Customer acknowledges having read the legal notice present on the secludit.com platform during his visit.

2.4 Modifications

SECLUDIT reserves the right to modify the General Terms and Conditions, as required, according to the technical development of the secludit.com, platform and the ways in which the Services are provided, as well as changes in legislation, at its sole discretion. The use of the Site and the services proposed on it is always subject to the latest version of the General Terms and Conditions which are posted on the Site and may be accessed by the public during their use thereof. Users and Customer must consult these General Terms and Conditions, which are accessible from both the public part of the site and from the area reserved for Customers, as often as required.

When using the Services proposed on the Site, the Customers may be subject to guidelines or rules posted on the Site and applicable to the Service proposed on it, which might contain terms and conditions which are added to these General Terms and Conditions. All such guidelines or rules are considered hereinafter incorporated by reference into these General Terms and Conditions.

2.5 Breach

Failure to comply with any provision of the present General Terms and Conditions shall results in the automatic termination of authorization to use the Site and the services offered there. Any breach of these General Terms and Conditions entitles SECLUDIT to subsequently refuse to deliver any services to the party responsible for the breach in question, without it being possible for this to be used as grounds to invoke SECLUDIT's liability.

2.6. Statutory exception to the withdrawal period in Article L121-20 of the Consumer Code

Pursuant to Article L121-20-2 of the Consumer Code, the Customer expressly acknowledges that the service contract begins upon confirmation of orders and/or subscription. In this respect the right of withdrawal provided for in Article L. 121-20 of the same code is inapplicable to the consumption of services provided by the Site secludit.com insofar as actual delivery of the services provided on the Site begins from the moment the Customer registers on the aforementioned site, as soon as any service has been ordered and this inevitably occurs before the end of the retraction period of seven clear days provided for in an Article L.121-20 of the Consumer Code. Reminder: Article L121-20-2 of the Consumer Code: .Unless the parties agreed otherwise, the right to retraction for contracts cannot be exercised: 1) for the delivery of services where performance begins, with consumer agreement, before the end of the period of seven clear days."

III DETAILED DESCRIPTION OF SERVICES

3.1. Elastic Detector description

Customers can create an account by entering a login and a password, then, by following the instructions given on the SECLUDIT Site, Customers must give a read-only copy of their cloud infrastructure access keys.

SECLUDIT stores the encrypted access keys on a server, recovers then the names and IP of the computers of the Customer, their characteristics and the rules of firewall.

SECLUDIT regularly carries out nonintrusive tests, continuous analysis of the cloud and sending of the e-mails to the Customers when security alerts are noted. Regularly security graphs are posted in order to inform Customers of the state of their infrastructure.

3.2. CloudyScripts description

By following the instructions given by the SECLUDIT Site, Customers must give a read-only copy of their cloud infrastructure access keys.

SECLUDIT does not store the access keys on any server, and asks for the IP of the computers of the Customer.

SECLUDIT then performs one-shot operations and notifies the User of any errors or of the end of the operation when successful.

3.3. User Accounts

Availability

Customers are able to access their account by activating of the connection settings (mail and password) and access keys, that they gave when they registered on the secludit.com Site and which was confirmed by e-mail. It is their responsibility to verify the validity of the e-mail address entered in the registration form given that said e-mail address is a means of identifying the personal account. In the alert where the e-mail address is incorrect, it is possible that the user cannot access his account and his personal space without SECLUDIT being in any way liable.

Connection settings disclaimer

Each User is obligated to maintain the confidentiality of connection settings (mail and password), which he himself entered in the registration form. He is responsible for all uses, whether or not actually or expressly authorized. It is prohibited for any User to assign or transfer its connection settings to any third party.

If the User has forgotten his Password, a return procedure is made available to him with his identification through the process available on line.

Precautions to be taken

It is the responsibility of the User to check that his e-mail addresses and telephone numbers are valid and contain no error likely in particular, to render the delivery of services by SECLUDIT impossible or make issue thereof or fail to reach its original destination and fall into the hands of a third party.

It is the responsibility of the User to check that his email addresses and where applicable his telephone numbers have the ability to receive delivery of the Services. Without such verifications, the issue of services may never reach him without it being possible for SECLUDIT to intervene in any manner whatsoever.

It is for each user to regularly modify and customize the Password that was given to him or that he himself chose at the time of registration by using alphanumeric characters of the minimum length specified for greater security.

It is the responsibility of to each User to store his confidential Password without noting it on paper or in an electronic file and to disable the passwords registration function of its Internet browser and operating system so that casual users of his computer cannot access his account and his personal space by inadvertence, malice or curiosity.

3.4. Elastic Detector End User License Agreement (EULA)

SECLUDIT grants Users, who accept, a non-exclusive, non-assignable, non-transferable right to use the entire SECLUDIT solution within the strict limits of the subject matter of the present General Terms and Conditions of Use, namely, the delivery of Services.

In said respect, Users are expressly forbidden:

  • Sell, publish, display, disclose or make available to any third party software and / or materials made available by SECLUDIT in the scope hereof
  • Perform reverse engineering, decompiling or disassembling of the SECLUDIT Solution, except as expressly authorized by law
  • Removing references of identification and ownership of the SECLUDIT solution
  • Lease, lend, use the SECLUDIT Solution with the objective of sharing it or making it available to third parties hereof
  • Publish any test or analysis or evaluation of performance relative to the Solution SECLUDIT without prior written permission of SECLUDIT
  • Access the source codes of the software components of the SECLUDIT Solution
  • Use or copy the SECLUDIT solution by any other manner not expressly authorized herein

3.5. CloudyScripts End User License Agreement (EULA)

SECLUDIT grants Users, who accept, a non-exclusive, non-assignable, non-transferable right to use the entire SECLUDIT solution within the strict limits of the subject matter of the present General Terms and Conditions of Use, namely, the delivery of Services.

In said respect, Users are expressly forbidden:

  • Sell, publish, display, disclose or make available to any third party software and / or materials made available by SECLUDIT in the scope hereof
  • Perform reverse engineering, decompiling or disassembling of the SECLUDIT Solution, except as expressly authorized by law
  • Removing references of identification and ownership of the SECLUDIT solution
  • Lease, lend, use the SECLUDIT Solution with the objective of sharing it or making it available to third parties hereof
  • Publish any test or analysis or evaluation of performance relative to the Solution SECLUDIT without prior written permission of SECLUDIT
  • Access the source code of the software components of the SECLUDIT Solution
  • Use or copy the SECLUDIT solution by any other manner not expressly authorized herein

IV RATES

4.1. Elastic Detector

There is a limited version in terms of features that is free of charge. The Pro Version is billed as follows:

  • SECLUDIT does charge for its services $0.04 per server and hour.
  • Monthly, on the first, SECLUDIT sends an email to the Customer to detail all the consumptions
  • Invoicing is made, after Amazon's confirmation, directly by Amazon Payments under their own terms and conditions described in its page https://payments.amazon.com/sdui/sdui/about?useragreement

4.1. CloudyScripts

The Service is free of charge.

V OBLIGATIONS OF USERS / CUSTOMERS

Any user, whether a Customer or not is strictly bound to adhere to the rules set out below, violation of which shall result in automatic termination of its subscription to the services. SECLUDIT also reserves the right to pursue any User who is the perpetrator of violation that the company considers particularly serious.

5.1. Non-violation of the general principles of intellectual property

The user must comply with the principles of intellectual property, in particular in the content they are likely to place on the Site.

Customers can only change test settings carried out by SECLUDIT.

It is particularly prohibited to the Customers to include the service in another and to use the service with keys flights or which do not belong to the Customer.

The discovery of an infringing broadcast by the Site managers will result in immediate closure of the offending User's account as set forth in Article 6.2. herein.

Moreover, SECLUDIT reserves the right to conduct further proceedings against infringing Users, either alone or in jointly with the legitimate holder of intellectual property rights that were infringed upon.

5.2. Non-violation of Copyrights© - Links (owned by SECLUDIT or other users)

This site respects copyrights. All copyrights of protected works that are reproduced and communicated on the present Site apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.

5.2.1. Reproduction on paper

Reproduction (printing) of the pages of the present site on paper is permitted for personal non-commercial use only.

5.2.2. Electronic reproduction

Reproduction of all or part of the present site on an electronic device is prohibited.

The SECLUDIT site allows the establishment of a hyperlink pointing to its contents, subject to:

  • Not using the technique of "deep linking", namely, the pages of the Site must not be nested within the pages of another Site, but accessible through the opening of another window.
  • Mentioning the source that shall open after clicking on the hypertext link directly from the targeted content.
  • Information must be used for personal, associative or professional purposes alone;
  • Any use for commercial purposes or advertising is excluded.
  • Said permission does not apply to websites containing information that is controversial, pornographic, incite racial hatred or any form of discrimination or which may, to a broader extent affect the sensibilities of the greater majority.
  • For other uses, please consult the SECLUDIT.

Links inserted on the SECLUDIT Site pointing to other sites:

  • This Site may contain links to third party websites which are not controlled by SECLUDIT. SECLUDIT is in no manner responsible for the content of other Web sites that Users may access from the Site. When the User accesses a Web site other than SECLUDIT, it does so at their own risk and SECLUDIT may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on said other site, nor the quality of products or services offered there. SECLUDIT provides these links only as a convenience and the existence of such links does not imply that SECLUDIT endorses or accepts any liability for the content or uses of such Web sites.

5.2.3. Databases

This Site and services aim to make and to protect encrypted databases under SECLUDIT sole responsibility. Any and all reproduction in whole or in part, by any means whatsoever without the express prior written consent of the publisher is illegal and constitutes an infringement which may result in civil and criminal penalties. Access to the Site's service is limited to manual operation and use of any robot is prohibited. Especially illegal is the use of automatic service for the purpose of constituting commercial databases and automated collection of email addresses. In accordance with Law No. 98-536 of 1 July 1998, transposing Directive 96/9/EC of March 11, 1996, into the code of intellectual property concerning the legal protection of databases, the Editor is the producer of its database, accessible on this site, and is the sole owner.

By accessing this Site and Services, the User acknowledges that the data is legally protected and, in accordance with the provisions of the Act of 1 July 1998 cited above, shall refrain from extracting, reusing, storing, reproducing, representing or preserving directly or indirectly in any medium or by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the Site which is accessed and to make the extraction or repeated and systematic reuse of qualitatively and quantitatively insubstantial parts when such operations manifestly exceed conditions of normal use.

5.3. Respect for image rights of people and goods

Any violation of image rights of persons and goods found by the Website's directors, shall, in addition to the immediate closure of the offending User's account as stated in Article 6.2., be subject to possible initiation of court prosecution.

5.4. General compliance with the principles of morality, courtesy and loyalty

In general, the User shall undertake to respect the laws and regulations in force in their state so as not to undermine public order and morals or the rights of others including, without limitation, that no data transmitted in connection with the use of the Services:

  • is pornographic or pedophile
  • is conducive to violence, crime, felony, suicide, acts of terrorism, theft, acts of damage or deterioration
  • condones war crimes, crimes against humanity and acts of terrorism
  • is conducive to discrimination, hatred or violence against a person or group of persons because of their origin or their ethnicity, nation, race or because their religion or morals
  • affects in any manner whatsoever the honor or reputation of any person
  • affects the security, privacy, image and intimacy of private life of another

VI SECLUDIT WARRANTIES AND DISCLAIMERS

6.1. General provisions

SECLUDIT limits itself to raising alerts and give information to Customers about the security of their cloud infrastructures.

SECLUDIT commits itself to protect all the keys it has registered.

Once the user terminates its registration with the service by closing its account, the personal space is removed from the elastic-detector.secludit.com platform server and all of the data stored therein are automatically and systematically destroyed without its it is possible to restore them. If the user re-registers with the Service by opening a new personal space, including with the same identification information, then the latter shall access a blank personal space and it will be impossible to retrieve information stored in its previous personal space.

SECLUDIT in no manner guarantees that (i) the Services offered on the Site and Services will meet all Customer requirements, (ii) that the elastic-detector.secludit.com or cloudyscripts.com platforms will be continuously available, uninterrupted, timely , secure or error-free, (iii) that the services delivered by the use of the www.elastic- detector.secludit.com or the cloudyscripts.com platforms will be effective, accurate, reliable and error free.

To the fullest extent permitted by applicable law, SECLUDIT may not be held liable for any direct, incidental or consequential damages of any nature whatsoever (including lost revenues, business interruption, limitation of time, loss of opportunity or any other kind) resulting from the use or inability to use the Services by the Customer, even if SECLUDIT has been warned by any means whatsoever of the possibility of such damages.

In the alert that the Site www.secludit.com or he Services should be recognized as fully or partly illegal under a local law, it is the responsibility of the User access to access it from other jurisdictions where it is deemed to be legal. Users who choose to access the platform www.secludit.com from other places do on its own initiative, with full knowledge thereof, at its own risk and shall have to assume the application the regulations of the local government.

Certain countries and jurisdictions do not allow exclusion of implied warranties or the limitation of the duration of implied warranties, therefore the above limitations may not apply in whole or part to some cases where such restrictions are prohibited by rules of public order. In said cases alone, the total liability of SECLUDIT shall be limited to the amount that the Customer has actually paid or would have received for the Service which gave rise to the alleged loss and judicially recognized as established under the application of such rules of public order.

6.2. Service Level Agreement (SLA)

Service Commitment

SECLUDIT will use commercially reasonable efforts to make the service available with an Annual Uptime Percentage (defined below) of at least 99.95% during the Service Year. In the alert SECLUDIT does not meet the Annual Uptime Percentage commitment, Customer will be eligible to receive a Service Credit as described below.

Definitions

  • "Service Year" is the preceding 365 days from the date of an SLA claim.
  • "Annual Uptime Percentage" is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which SECLUDIT was in the state of "Unavailable.". If Customer have been using SECLUDIT for less than 365 days, Customer.s Service Year is still the preceding 365 days but any days prior to Customer.s use of the service will be deemed to have had 100% Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SECLUDIT SLA Exclusion (defined below).
  • "Unavailable" means that the Site or Services have no external connectivity during a five minute period.
  • The "Eligible Credit Period" is a single month, and refers to the monthly billing cycle in which the most recent Unavailable alert included in the SLA claim occurred.
  • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible SECLUDIT account.

Service Commitments and Service Credits

If the Annual Uptime Percentage for a customer drops below 99.95% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill for the Eligible Credit Period. To file a claim, a customer does not have to have wait 365 days from the day they started using the service or 365 days from their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing 365 days drops below 99.95%.

SECLUDIT will apply any Service Credits only against future SECLUDIT payments otherwise due from Customer; provided that, SECLUDIT may issue the Service Credit to the credit card that Customer used to pay for SECLUDIT for the billing cycle in which the error occurred. Service Credits shall not entitle Customer to any refund or other payment from SECLUDIT. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. info@secludit.com.

Credit Request and Payment Procedures

To receive a Service Credit, Customer must submit a request by sending an e-mail message to info@secludit.com. To be eligible, the credit request must (i) include Customer.s account references in the subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of Region Unavailable that Customer claim to have experienced including instance ids of the instances that were running and affected during the time of each incident; (iii) include Customer.s server request logs that document the errors and corroborate Customer.s claimed outage; and (iv) be received by SECLUDIT within thirty (30) business days of the last reported incident in the SLA claim. If the Annual Uptime Percentage of such request is confirmed by us and is less than 99.95% for the Service Year, then SECLUDIT will issue the Service Credit to Customer within one billing cycle following the month in which the request occurred. Customer.s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.

SECLUDIT SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Elastic Detector, CloudyScripts or any other SECLUDIT service: (i) that result from a suspension; (ii) caused by factors outside of our reasonable control, including any force majeure alert or Internet access or related problems beyond the demarcation point of Elastic Detector; (iii) that result from any actions or inactions of Customer or any third party; (iv) that result from Customer.s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances not attributable to SECLUDIT Services Unavailability; or (vi) arising from our suspension and termination of Customer right to use Elastic Detector and CloudyScripts in accordance with the SECLUDIT General terms and conditions. If availability is impacted by factors other than those explicitly listed in this agreement, SECLUDIT may issue a Service Credit considering such factors in our sole discretion.

VII TERMINATION

7.1. Termination without fault

Each Party is free to proceed with the termination of the Services subject to the fulfillment of their mutual obligations including services performed by SECLUDIT.

7.2. Termination for fault

In case of non-compliance with the General Terms and Conditions and particularly in case of misappropriated use of a Service by the Customer or User or failure to pay, SECLUDIT reserves the right to unilaterally terminate the Service at any time without compensation, following the service of official notice which remains without effect for fifteen (15) days as of its receipt by the Customer or User.

Any termination shall result in the immediate collectability of the sums owed by the Customer and the fulfillment of any and all other obligations set forth herein.

VIII CLAIM - COMPENSATION

In case of complaints of any kind whatsoever, the Customer must send his request via the "Contact" section or by letter to the following address: "2405 route des dolines 06560 Valbonne Sophia Antipolis - FRANCE."

The complaint shall be answered within between five working days and a month, by letter if specifically requested by the Customer.

If at the end of this period, the Customer has not received a satisfactory reply, he may send a second request, sending notification by registered letter with acknowledgement of receipt. His request shall be processed within a month of receipt of said notification.

In all correspondence sent to SECLUDIT, by e-mail or letter, the Customer shall undertake to mentioning his first name and surname, e-mail address and login name, making it possible to identify him and to process his requests. Incomplete requests will not be processed by SECLUDIT.

IX FORCE MAJEURE

9.1. Principle and definition

Neither party shall be held liable in regard to the other for the non-fulfillment or delays in the fulfillment of an obligation under the terms of this contract due to the actions of the other party following the occurrence of a case of force majeure as defined in Article 1148 of the Civil Code.

The following are specifically considered as cases of force majeure or acts of God, in addition to those normally accepted according to the jurisprudence of French courts and tribunals: the interruption of telecommunications, including telecommunication networks, total or partial strikes, lock-outs, riots, civil unrest, uprisings, civil or foreign wars, nuclear risk, embargoes, confiscation, capture or destruction by any public authority, bad weather, epidemics, the blocking of transport means or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or statutory modifications of the forms of marketing, computer failure, any consequences of technological developments that are not foreseeable by SECLUDIT, and which challenge the norms and standards of its profession and any other circumstances that are unforeseeable, unstoppable and beyond the control of the Parties and which prevent the normal fulfillment of their reciprocal obligations.

9.2. Implementation

In the case of occurrence of such alert of force majeure, the obligations of the present contract shall be suspended. If the force majeure continues for a period exceeding one month, the present contract is terminated ipso jure and without formality.

X APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION

10.1. Applicable law

The present General Terms and Conditions are subject to French law. In case of residence abroad and/or non-French nationality of the user, said latter accepts that the contractual relationship between itself and SECLUDIT is not governed by the United Nations Convention relative to contracts for the international sale of goods (United Nations Convention whose application is expressly excluded.

10.2. Language

The official languages of the present General Terms and Conditions are English and French. The use of any language is only indicative. In case of difficulty regarding the interpretation hereof, the Parties shall refer exclusively to English or French text.

10.3. Court with jurisdiction

Any dispute arising relative to the validity, interpretation, performance, or non performance of the present General Terms and Conditions governing the relationship between the Parties shall be submitted to the competent court in the location where SECLUDIT has its registered office without said being able to prejudice the rights of SECLUDIT to prosecute anyone having violated its rights before a court that would have jurisdiction in the absence of the above mentioned clause.