Terms of Use SEKOIA.IO (version 2.0 of June 16, 2021) 1. Purpose 1. Subscription to SEKOIA.IO services allow the client to have access to the web portal accessible at the following link: app.sekoia.io (hereinafter the « Service »). 2. The Service is accessible in Software as a Service mode via the web portal (hereinafter « SaaS Access »), as well as by APIs or other means allowing integration with third-party systems. The number of accounts for access to the SEKOIA.IO web portal is not limited. Users with an account within the scope of subscription shall have access to the features and data provided within the scope of subscription (hereinafter « Users »). 3. Any order placed by a Client to use the Service implies unreserved acceptance of these Terms of Use of the Service (hereinafter « ToU ») as well as by its Users. 2. SaaS Access 1. The Service is accessible through the web portal (hereinafter « the Site »), and requires the use of personal identifiers provided by SEKOIA. 2. The Client agrees to provide at its own expense the equipment necessary to access the Service as well as a broadband Internet access (not included in the Subscription). 3. Terms of Use 1. SEKOIA provides the Client with information related to the Service and its use (hereinafter the « Documentation »). 2. The Client acknowledges it has read and understood the Documentation and its possible updates and to use the Service in accordance with the provisions of the latter. 3. The Client acts as an independent entity and therefore assumes all risks related to its activity. 4. The Client acknowledges that the use of the Service implies the unreserved acceptance of these ToU by the End Users of the Service. 5. The Service is deemed to be made available to the Client and Users « as is » without being subject to specific adaptation measures. It is therefore the responsibility of the Client to verify the suitability of the Service for its needs and to take all necessary precautions. 6. Any warranty is excluded in case of (i) abnormal and/or improper use of the Service (ii) combination of the Service with another product resulting in infringement of the rights of SEKOIA or a third party, (iii) intervention of a third party not authorized by SEKOIA for repair or correction. 4. Intellectual Property 1. SEKOIA owns or is vested with all the intellectual property rights to the Service (the service and the content of the cyber threat intelligence, any additional services and the Site) and grants to the User, who accepts it, for its own use, a personal, non-exclusive, non-assignable and non-transferable license to use its rights to the Service, to the exclusion of any other use, for the whole world, subject to the full payment of the sums owed in this respect. 2. This license of use is granted for the duration of the subscription by the Client. 3. The Client and the Users undertake to respect the rights of SEKOIA and may not, under any circumstances, apart from the use of the Service in accordance with the ToU, for their own use, reproduce, represent, modify, transmit, publish, adapt, in any form whatsoever, by any means whatsoever, or exploit in any way whatsoever, the Service without the prior written authorization of SEKOIA. 4. The User agrees to : ● Connect to the Service in SaaS mode only with the personal and confidential code that has been assigned (hereinafter the « Code ») ; ● To keep its Code confidential and to inform SEKOIA without delay of any theft or loss of its Code by e-mail to the following address: support@sekoia.io ; ● To use the Service for its own needs, excluding any commercial use and/or for the benefit of third parties (with the exception of SEKOIA's Partners duly certified or authorized for this purpose by SEKOIA) ; ● Not to damage the rights and/or image and/or reputation of SEKOIA ; ● Not to reconstitute or attempt to reconstitute, from the information appearing on the Site, an Internet site and/or software intended to offer to third parties, directly or indirectly, free of charge or against payment, the same or a comparable service, and/or to disseminate or sell, in any manner whatsoever, information for the purpose of assisting a third party to reconstitute, in whole or in part, such an Internet site or an equivalent site, such a software or an equivalent software. 5. Unless otherwise stated, the elements accessible on the Site such as databases, management tools, texts and more generally all information made available to the User are the full, complete and exclusive property of SEKOIA. The User shall not, in particular : ● Copy or reproduce, decompile, in whole or in part the Site or the Service by any means and in any form ; ● To use the Service other than in accordance with the strictly interpreted stipulations of these ToU ; ● To proceed to total, substantial or repeated extractions, by temporary or permanent transfer, or to use by making available to the public, all or part in quantitative or qualitative terms of the Site or Service and other databases visible on the Site or Service, whether for commercial or other purpose ; ● To extract or use repeatedly and systematically all or part of the information visible on the Site or the Service, when such operation clearly exceeds a normal use of the service provided by SEKOIA ; ● Exploit, commercialize or distribute any element of the Site or Service, in particular the information visible on the Site or Service and any other database ; ● Use software or manual processes to copy SEKOIA's web pages or to store or collect information on these pages without SEKOIA's express prior written consent ; ● Use devices or software to disrupt or attempt to disrupt the proper functioning of the Service; or implement actions that would impose a disproportionate burden on its infrastructure. 5. Maintenance 1. Throughout the duration of the Subscription, SEKOIA provides the Client with a technical support service in case of difficulty in accessing the Site or in using the Service. 2. This service is available by email (support@sekoia.io) or via the dedicated portal (support.sekoia.io). 3. The Client's requests will be answered as soon as possible from Monday to Friday (except public holidays in France) from 9:00 am to 7:00 pm (Paris time). 4. SEKOIA shall use its best efforts to process the Client's request, without further guarantee. 5. SEKOIA undertakes to provide free corrective maintenance of the Service under a Subscription, for the duration of the Subscription. 6. SEKOIA is bound by an obligation of means concerning access to the Service in SaaS mode, and as such undertakes to make its best efforts to provide the Client with the following level of service: ● 24/7 availability (at 99% on a quarterly basis) to the exclusion of planned maintenance periods; ● Response time in case of notification by e-mail to support@sekoia.io in case of problem on the Site or use of the Service: 2 hours maximum during business hours (Monday to Friday, except holidays in France, from 9am to 7pm, Paris time) ; ● Recovery time in case of total interruption of the Service notified by e-mail to support@sekoia.io: 4 hours maximum during working hours (Monday to Friday, except public holidays in France, from 9am to 7pm, Paris time). 6. Liability Failure by the User to comply with the above points shall entitle SEKOIA to close the User's account without notice, compensation or indemnity of any kind. SEKOIA reserves the right to take legal action against the User. 7. Personal Data 1. The « Personal Data » constitutes all the information allowing to identify directly or indirectly the User. 2. SEKOIA acts as the Client's Data Processor for the personal data collected for the purpose of performing the Service. In this capacity, SEKOIA undertakes to comply with the provisions of the Data Protection Act of 1978, as amended by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (known as the « GDPR »), and to carry out lawful, fair and transparent processing of the Users' Personal Data. 3. In accordance with the applicable regulations, SEKOIA implements all appropriate measures to limit the risks of loss, deterioration or misuse of Users' Personal Data. 4. Physical and logical measures include restriction of physical access to data, strong password policy, control of data access for SEKOIA personnel. Technical measures include strong encryption of data, at rest and in transit, authentication and authorization rules based on this authentication. 5. The Personal Data of the Users are stored on the servers of SEKOIA and are kept for the time strictly necessary for the use of the Service. 6. Upon deactivation or deletion of a User account, the associated information and Personal Data will be retained for a period of three months. After this period, this information and Personal Data will be deleted from the servers. 7. For any question about the management of Personal Data within the Service offered by SEKOIA, the User may contact the Client's personal data management department, which will forward the request to SEKOIA. 8. The Personal Data collected by SEKOIA within the Service are the following: ● Professional contact data for the purpose of monitoring the commercial relationship and relations with the users: identifier, name, surname, professional contact details; on the basis of the execution of the present TOS. ● Monitoring and traffic data for the purpose of improving the Service: consumption of the Service, unique ID of the user, monitoring of the navigation; based on the legitimate interest of SEKOIA to know the use of the Service in order to improve its products. ● Matomo Cookies for the analysis of the navigation on the Service subject to the user's consent.: o _pk_id o _pk_ref o _pk_ses, _pk_cvar, _pk_hsr o _pk_testcookie o mtm_consent (ou mtm_consent_removed) o matomo_ignore 9. Personal Data is kept in accordance with the maximum period provided for by the applicable regulations, and more specifically: ● For the duration of the contractual relationship plus the legal limitation period for professional contact data; ● For the duration of the contractual relationship plus two years for tracking and traffic data; ● Until the withdrawal of the user's consent and a maximum of thirteen (13) months for cookies. 8. General Provisions 1. Modification of the ToU. SEKOIA reserves the right to modify the ToU at any time, subject to notification to the Client and Users at least fifteen (15) days prior to their entry into force. 2. Non-waiver. The fact that SEKOIA does not avail itself at a time of any of the clauses of the present contract, shall not constitute a waiver of the right to avail itself of these same clauses at a later date. 3. Interpretation. If any provision of the ToU is found to be invalid, unwritten, unenforceable, or otherwise irrelevant by reason of any applicable law or any final court decision, such provision shall be deemed unwritten and shall not affect the validity of the ToU nor the remaining provisions. 5. Force majeure. SEKOIA shall not be liable to the User in case of non-performance of its obligations resulting from a case of force majeure. It is expressly agreed that all unforeseeable, irresistible and external events that make the execution of the present contract impossible in whole or in part are considered as force majeure. 6. Subcontracting. SEKOIA undertakes to choose its possible subcontractors and to define their obligations, so as to ensure strict compliance with its own obligations in the execution of the ToU. In no case shall the use of subcontractors reduce SEKOIA's obligations and guarantees under the ToU, SEKOIA remaining solely responsible for the services performed by its subcontractor. 7. Applicable law. The interpretation, validity and performance of these ToU are subject to French law. 8. Competent Jurisdiction. Any dispute that may arise from the interpretation or execution of these ToU will be submitted to the competent French jurisdiction.