General Terms of Use of Mastria™
Whereas
(A)	ALSTOM provides data driven services for operators of the Mobility sector via its application named Mastria™.
(B)	These terms, along with additional terms as listed in appendix (together, the “Terms”), define the legal terms and conditions governing the access to and the use of Mastria™ by the Customer. The Terms, including any version thereof updated by ALSTOM from time to time, are available at any time on the Microsoft partners network platform. Access to and use of Mastria™ is subject to acceptance of and compliance with these Terms by the Customer.
(C)	The Customer wishes to access Mastria™ to benefit from its data processing and decision helping to determine alternatives ways of mobility.
(D)	The Customer hereby agrees to these Terms without reservations. The Customer shall ensure that any legal or natural person, acting under its authority or on its behalf and who accesses Mastria™, reads, understands and agrees to these Terms, prior to the first access to Mastria™ and at each time these Terms are updated.
1.	Definitions
Any word starting with a capital letter shall have the meaning defined hereafter.
ALSTOM Holdings means ALSTOM Holdings, a company under French law, having its registered office at the 48, rue Albert Dhalenne, 93400 Saint-Ouen, France.
Companies in the ALSTOM Group (or « ALSTOM ») means either ALSTOM Holdings or any company of which ALSTOM Holdings owns or otherwise controls directly or indirectly at least fifty per cent (50%) of the voting rights.
Confidential Information designates all non-public information and documents, including but not limited to all factual, technical, advertising, marketing or financial data, information, content, database, inventions, tools, improvements, know-how, trade secrets, specifications and related documentation, drawings, texts, pictures, schemes, systems, plans, presentations, models, mock-ups, artworks, reports, projections, software, programs, IT systems, codes, algorithms, interfaces or any other material, graphic or digital medium, as well as any materials, parts, spare parts or equipment, protected and/or protectable, or not, by an Intellectual Property Right.
Confidential Information does not include any information which (i) at the time of disclosure or thereafter is generally available to and known by the public (other than as a result of its disclosure in breach of the Conditions), or (ii) is or becomes available to the recipient on a non-confidential basis from a source (other than the disclosing party or its representatives) which, to the knowledge of the recipient, after due inquiry, is not prohibited from disclosing such information by an obligation to the disclosing party or its representatives.
Customer designates an ALSTOM’s (or Companies in the ALSTOM Group) customer, construed as the legal entity which wishes to benefit from Mastria™. The Customer clearly identifies its representatives being any natural person duly authorized by the Customer to act on its behalf and to access Mastria™ and use Mastria™. 
Documentation means the documentation made available to the Customer through Mastria™ and/or the hosting platform, including legal documentation.
Intellectual Property Rights means patents, industrial designs, copyrights, trademarks, trade secrets and other legal interests recognized or protected as intellectual property by international conventions and applicable laws. Intellectual Property Rights cover trade names, logotypes, methodology, know-how or process, technical or other documentation, data, database, information or file, software, program or other elements in any form whatsoever, including studies, specifications, graphic works, reports, results, signs, works, inventions, functional or technical analyzes, instructions and documents of any kind and in any form whatsoever created by or on behalf of ALSTOM or the Customer, or licensed to them by third parties.
Personal data means any information relating to an identified or identifiable natural person (‘Data Subject’) as defined by the EU General Data Protection Regulation 2016/679 of 27 April 2016 (the ‘EU GDPR’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier;
Services means the services as may be provided by ALSTOM via Mastria™ pursuant to the Terms, such as:
	Data processing in real time
	Issuance of recommendations to support a decision-making process
	Triggering of workflows
	Data analysis.
2.	Purpose and description of Mastria™
ALSTOM makes available Mastria™ to Customer for provision of the Services in accordance with the Terms.
The Customer understands and agrees that its acceptance of the Terms and registration to use Mastria™ does not entail any exclusivity undertaking with respect to ALSTOM (or Companies in the ALSTOM Group).
The Customer is solely responsible for its uses of Mastria™.
3.	Access and use of Mastria™
3.1. Registration process
The Customer sends an email to support.es.mastria@alstomgroup.com to request an access to Mastria. Once the professional email address of the requester has been validated by Alstom, the Customer will receive an email with a link including instructions on how to access the system.
3.2. Access to Mastria™ 
The Customer represents and warrants that the representatives’ credentials to access and use Mastria™ will remain strictly confidential, and remains responsible and fully liable of any behavior, actions and omissions of these representatives on Mastria™ and their consequences. 
Credentials shall be considered as Confidential Information pursuant to the Terms and shall remain strictly personal. Customer acknowledges that it is solely responsible for any breach of the Terms and/or action effected on Mastria™ using the credentials in case of credentials theft or misuse. Customer shall immediately notify ALSTOM in the event that a representative’s credentials have been compromised and may be used without its authorization. 
ALSTOM retains the right to immediately terminate the Terms, without notice or compensation and without prejudice to any available judicial and/or contractual remedies.

The Customer is solely liable for the veracity and accuracy of any registration information and revision thereof, as well as any information it may provide on Mastria™, as the case may be. This information shall remain valid and up to date at any time during the duration of the Terms. 
In case of any discrepancy in the information provided by Customer, ALSTOM retains the right to immediately terminate the Terms, without notice or compensation and without prejudice to any available judicial and/or contractual remedies.
Should a Customer’s representative leave the company, the Customer shall immediately inform ALSTOM, in order to suspend his access to Mastria™.
3.3. Customer’s undertakings regarding Mastria™ Services and their use
The Customer understands and agrees that it is responsible for its use of Mastria™, including any use by Customer’s representatives.

The Customer shall make a reasonable use of Mastria™. This means that the Customer shall retain to multiply queries or make queries that could require a large amount of data.
The Customer undertakes not to misuse nor make any unlawful use of Mastria™, including without limitation Intellectual Property Rights violation, cybercrime, confidentiality breach, jeopardize by any means and use of any technique whatsoever which could lead to affect temporarily or definitively the integrity and availability of Mastria™, including without limitation any information available thereon such as contents, data, as well as ALSTOM’s information systems and/or ALSTOM Customers’ information systems.

The Customer shall bear all risks related to and any costs arising from its use of Mastria™. Customer shall be solely liable for any violation of the Terms. 

The Customer undertakes to comply with generally applicable good practices for access and use of online platforms, applications and websites, and will notably refrain to take any step that may result in or which aims at:
•	Impersonation of another natural or legal person’s identity or register to the Services and/or Mastria™ using a false identity;
•	Fraudulent usage, or attempt thereof, of another Customer’s credentials or disclose its credential to anyone; 
•	Fraudulent access, or attempt thereof, to another Customer’s account without authorization; 
•	Access, collect and/or copy information, data and content, including ALSTOM (or Companies in the ALSTOM Group) or other Customers’ Confidential Information hosted on/in Mastria™ and/or on ALSTOM’s information systems, including servers and associated IT assets, and which were not supposed to be public or subject to open-source / free licenses allowing these acts, by any means or technique whatsoever;
•	Alter, modify or destroy (or attempt to) information that is not Customer’s property or subject to open-source / free licenses allowing these acts;
•	Access, collect and/or copy information which is the property of another Customer without such Customer prior authorization;
•	Divert a Mastria™ functionality for any purpose without ALSTOM prior written authorization (if no open-source / free license does not allow this act on said functionality);
•	Spam other Customer and/or ALSTOM, by sending unwanted promotional or commercial contents or unwanted solicitations, by any means whatsoever;
•	Enable any third party to access and/or benefit from Mastria™ in any manner (in the absence of any open-source / free license allowing this act); 
•	Damage, shut down, overload or deteriorate the ALSTOM’s information systems, including without limitations servers, network or any component of Mastria™.
•	Cause or attempt to cause a security breach or a disruption in the access or operation of Mastria™ or provision of Services.