OneCode

Entry into force: July 17th, 2024

1. Who are We?

We are DEEPLIME, a French simplified joint stock company (“Société par Actions Simplifiée”), registered under number 841 092 497 with the Registry of Trade and Companies of Paris, whose head office is located 28 Rue du Chemin Vert, 75011 Paris, France.

You can contact us, including for any claim, through any of the following channels:

Street address : 28 Rue du Chemin Vert, 75011 Paris, France
Email address : contact@deeplime.io

2. What do We propose?

We provide OneCode Cloud, a platform designed to deploy and market Python applications, available as a SaaS service and based on a MIT licensed Python library, OneCode.

The functional and technical characteristics of the OneCode library and of OneCode Cloud are described in the documentation available at the following address: https://deeplime-io.github.io/onecode/ 🔗.

After subscription under the conditions of the article “Subscription to the Services and description of the Plans”, We provide You with a SaaS license to OneCode Cloud.

The purpose of these general terms of services (the “Terms of Services”) is to define the terms and conditions of use of OneCode library and OneCode Cloud as well as to define the rights and obligations of the various parties within this context.

They can be found via a direct link down the OneCode Cloud website.

3. Definitions


“Account”	means the secure Account that You must create on OneCode Cloud, subject to meeting the conditions of Article “What are the conditions for accessing Our Services?” and which will enable You to access our Services.
“Agreement”	means (i) these general Terms of Services and (ii) the Quotes for the Customized Plan.
“App(s)”	means Our Apps, Your Apps and Third-Party Apps.
“Content”	means content, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on OneCode Cloud or otherwise available through the Services.
“Credits”	means the credits which give rise to computing time, storage and resources.
“Customized Plan”	means a subscription that requires personalization and therefore the provision of a Quote and which allows, after having signed a Quote, to create an Organization and manage it.
“Data Storage”	means the storage capacity available to store data on OneCode Cloud, which amount depends on the selected Plan.
“DeepLime”, “We”, “Us”, “Our”	means DeepLime, as well as Our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“Free Plan”	means a plan providing Users with certain OneCode Cloud features for free.
“Individual Plan”	means a plan dedicated to individuals.
“Library”	means the open-source library OneCode required to develop and deploy Python applications on OneCode Cloud.
“OneCode Cloud”	means Our platform, available as a SaaS service that allows You to benefit from the Services.
“OneStore”	means the marketplace where Users can access all Public Apps.
“Organization”	means a single entity where multiple Users can collaborate across several Workspaces at once. A User can be a member of any number of Organizations.
“Organization Administrator”	means the person who has the role of Administrator within an Organization and who manages the Users access to the Organization as well as Workspaces. An Organization may have several Administrators.
“Organization Plan”	means a plan dedicated to companies and organizations which gives access to the creation of an Organization and its management.
“Organization Owner”	means the User designated as the Owner of an Organization that was created under these Terms and Services which has ultimate administrative control over that Organization and the Content within it. Within the Services, an Owner can manage Users, Administrators and Workspaces. If you are the Owner of an Organization under these Terms, We consider You responsible for the actions that are performed on or through that Organization.
“Organization Co-Owner”	means an Organization Administrator defined by the Owner as the Co-Owner, giving him the rights to define additional Administrators under the Organization.
“Our App(s)”	means all applications developed by Us and available on OneCode Cloud.
“Our Intellectual Property”	means (i) OneCode Cloud; (ii) Our Apps; (ii) the OneCode Library; and (ii) and all elements protectable by the French Intellectual Property Code within OneCode Cloud (i.e. computer developments, databases, graphic charters, content, trademarks, etc.).
“Plan”	means an offer accessible on OneCode Cloud, in particular: Free Plan, Individual Plan, Organization Plan or Customized Plan.
“Professional User”	means a User who (i) creates an Account as part of a registered Company and (ii) ticks a box to certify the professional status.
“Private App(s)”	means Apps which are only visible by their Owner and invited Users.
“Public App(s)	means Apps which are visible by all Users in OneStore.
“Public App Provider”	means a User marketing a Public App through OneStore.
“Quote”	means the proposal accepted by the User when subscribing to a Customized Plan.
“Services”	means the services offered by Us via OneCode Cloud as detailed in Article “Subscription to the Services and descriptions of the Plans”.
“Subscription”	means Your subscription to a Plan on OneCode Cloud.
“Subscription Period”	means the period of subscription to a Plan on OneCode Cloud and for which this Agreement is applicable.
“Third-Party App(s)”	means the application(s) that You use on OneCode Cloud and that are third-party applications (neither Our App(s) nor Your App(s)).
“User” or “You”, “Your”	means the user that creates an Account and who (this list is not exhaustive):- subscribes on behalf of the Organization to which they belong;- subscribes to an Individual Plan;- registers as a Professional User and subscribes to a Plan on behalf of an Organization.- subscribes to the Free Plan.The User may be qualified as a professional, or consumer as detailed in Article “What are the conditions for accessing Our Services?”.Specific provisions for consumers are indicated in the Agreement.
“Your App(s)”	means the application(s) You have developed and/or deployed and/or marketed via OneCode Cloud.
“Your Intellectual Property”	means Your Apps, Your Content and all elements that You own and that are protected by the French Intellectual Property Code (i.e. IT developments, databases, graphic charters, content, trademarks, etc.).
“Workspace”	means a collaborative space that belongs to an Organization and which contains Users, Data Storage, Credits and Content.
“Internal Workspace”	means a Workspace internal to a unique Organization.
“Multi-Organizational Workspace”	means a Workspace which contains Users belonging to several Organizations.

4. What are the conditions for accessing Our Services?

4.1. Legal capacity for the creation of an Account

(i) You are :

a natural person with full legal capacity,
or a legal person acting through a natural person who has the power or authority to enter into a contract in its name and on its behalf.

(ii) You have the status of:

consumer, understood as any natural person acting for purposes which are outside their trade or profession (i.e. the student);
professional, understood as any natural or legal person acting for purposes relating to its commercial, industrial, handmade, liberal or agricultural activity, including when acting in the name of or on behalf of another professional (i.e. the self-employed entrepreneur or the employee of the legal entity).

4.2. Creation of an Account

To subscribe to the Services, You must (i) have the legal capacity as detailed in article 4.1; (ii) create an Account by filling in the form available on OneCode Cloud, including all the information marked as mandatory. Incomplete registrations will not be validated; (iii) accept the present Terms of Services by checking a box.

By creating an Account, You acknowledge that You are aware of the characteristics, constraints and technical aspects of the Services on OneCode Cloud, and in particular the fact that the implementation of the Services requires an Internet connection for which We are not responsible.

Opening an Account enables You to access the Services by using a login and password.

Once an Account has been created, and if You have subscribed to an Organization Plan or a Customized Plan as its Owner, You are free to create an Organization and manage its Users and Workspaces.

5. Subscription to the Services and descriptions of the Plans

5.1. Subscription conditions and description applicable to all Plans

Subject to compliance with the conditions set out in “What are the conditions for accessing Our Services?”, You can then subscribe to a Plan proposed on OneCode Cloud (Free Plan, Individual Plan, Organization Plan or Customized Plan).

Depending on selected Plan, the Services offered on OneCode Cloud include:

the ability to deploy your Apps
The ability to invite other Users to use and administer Your Apps
The ability to market Your Apps through OneStore
the availability of OneStore Apps (Our Apps and Third-Party Apps)
the possibility of joining Organizations and/or Workspaces.

These Services are subject to change and will give rise to a modification of the present Agreement.

We invite You to consult OneCode Cloud for more details on the Services and Plans proposed.

The use of OneStore, as a User and as a Public App Provider, is governed by the “OneStore” specific terms 🔗.

5.2. Particularities of the Organization and Customized Plans

(i) Creation of an Organization

The creation of an Organization is made available through Organization Plans or Customized Plans and requires the preliminary creation of an Account.

The User who subscribes to an Organization Plan from OneCode Cloud or the User designated when subscribing to a Quote in the case of a Customized Plan is considered by default as the Organization Owner, and may:

Add or delete Users to/from the Organization;
Define or delete Administrators
Define an Organization Co-Owner among the Administrators
Create and administer Workspaces in accordance with Article “Creation of a Workspace”
Manage additional features.

If the Organization Owner creates an Organization in the name of a legal entity, he/she acknowledges that he/she has full authority to create this Organization in the name and on behalf of the legal entity. The Organization Owner may be asked to provide additional information, such as a siret number or kbis, on OneCode Cloud in order to create an Organization on behalf of a legal entity.

In any event, the Organization Owner is solely responsible (i) in the name and on behalf of the Users, including Administrators; (ii) in the event that the Organization Owner acts in his or her own name as a natural person; and (iii) in the event that the Organization Owner acts in the name and on behalf of a legal entity without having full powers to do so. We cannot be held liable in this respect.

(ii) Creation of a Workspace

Creating an Organization gives You the possibility of creating one or more Workspaces depending on the subscribed Plan.

These can be either Internal Workspaces or Multi-Organizational Workspaces.

Whether in the case of an Internal or Multi-Organizational Workspace, it is up to the Users to enter into a contract, in particular to manage their intellectual property rights. We cannot be held liable for any disputes arising from content exchanged within the framework of an Internal or Multi-Organizational Workspace, or from the rights generated.

(iii) Specificities of the Customized Plan

To subscribe to the Services, You shall contact Us at the address indicated in the “Who are We?” section. It is Your responsibility to provide Us with the relevant information and documents to enable Us to identify Your needs and expectations. We will then analyze Your needs and draw up one or more Quotes. Unless otherwise stated, any Quote issued by Us is valid for 30 days from the date of issue. If You do not validate it within this period, it shall lapse.

If You wish to order the Services, You must validate the corresponding Quote within the above time limit, by any useful written means and in particular by e-mail.

Acceptance of this Agreement is evidenced by the validation of a Quote.

Any validation of a Quote, whether express or implicit, implies full acceptance of this Agreement, in their version in force at the date of the Quote concerned. Any conditional acceptance is considered null and void.

6. Modification of a Plan

You can modify Your Plan and your Subscription Periods directly in Your Account settings on OneCode Cloud.

If You wish to modify Your Subscription to a Customized Plan, You must request a Quote from Us. We will draw up a new Quote which You must validate and which will replace the previous Plan Quote.

6.1. Additional Features

You can boost your Plan with additional Credits, Data Storage, Private Apps and/or Workspaces at any time. This can be managed through your Account Settings on OneCode Cloud.

6.2. Plan Overuse

Each Plan includes a certain amount of Credits, Data Storage, the right to deploy or not Private Apps, and in the case of Organization and Customized Plans, the right to create and administer Workspaces.

If You exceed the Credits available in Your Plan, You will no longer be able to launch any run on the OneCode Cloud. You will have to: (i) wait for the next Subscription Period; (ii) upgrade to another Plan or ask for a new Quote; (iii) or buy additional Credits.

If You exceed the Data Storage available in Your Plan, You will receive a notification by email and have 24 hours to: (i) free some space; (ii) upgrade to another Plan or ask for a new Quote; (iii) or buy additional Data Storage. Otherwise, Your Plan will be suspended until regularization.

7. Financial Conditions

7.1. Prices and payment terms

	Individual and Organization Plans	Customized Plan
Subscription price	The price of the Subscription is indicated on OneCode Cloud and is expressed in euros and tax excluded.	The price of the Subscription is indicated on the Quote.
Invoicing and payment terms	If You agree to a subscription price, that will remain Your price for the duration of the Subscription Period.We will send You an invoice per Subscription Periods, as defined in article “Duration of Services, termination”, by any useful means.Payment is made by direct debit on a monthly or yearly basis as from the Subscription date, upfront.	If You agree to a subscription price, that will remain Your price for the duration of the Subscription Period.Unless otherwise agreed between Us, invoices shall be sent to You on a monthly or yearly basis, depending on Your Subscription, by any means and shall be paid in accordance with the invoicing terms specified in the Quote.
Review of fees	Prices are subject to change at any time, in which case you will be notified.The new prices will apply when the Subscription Period is renewed.In the event of non-acceptance of the new prices, You may terminate Your Subscription under the conditions of article “Duration of Services, Termination”	Prices are subject to change at any time, in which case You will be notified through a new Quote.The new prices will apply when the Subscription Period is renewed.In the event of non-acceptance of the new prices, You may terminate Your subscription under the conditions of article “Duration of Services, Termination”.

7.2. Upgrades, Downgrades and Changes

Upon changes of Your Plan, the following will apply:

For annual Subscriptions:

If you wish to change to a higher Plan than the one you have subscribed to, the new Plan will start on the day of the new Subscription for a year. If the new Subscription occurs before the end of the initial Subscription Period, a refund will be made for the unused period of the previous subscription.
Added services will be charged immediately at a cost pro-rated to the Subscription Period progress, and be automatically renewed with the Subscription.

For monthly Subscriptions:

The new Subscription replaces the previous one and begins on the day it is taken. If the new Subscription occurs before the end of the initial Subscription Period, no refund will be made for the unused period of the previous subscription.
Any additional services will be charged at the next monthly billing date. The first monthly cost will be adjusted to include subscribed additional services usage during the previous Period. These services will automatically renew along with your subscription.

Furthermore :

We will immediately bill You when You upgrade from the Free Plan to any paying Plan or when purchasing additional features.
If You change from a monthly billing Plan to yearly billing Plan, We will bill you for a full year at the next monthly billing date.
If You wish to subscribe to a lower Plan, the change will take place on the renewal date of Your Subscription. Note that You will lose access to Content, features, or capacity of your Account at this date. It will be Your responsibility to meet the new Plan requirements prior to actual downgrade.
Cancellation of additional features can be done through your Account settings and will be effective at the next Subscription Period. The end of the Subscription will terminate the subscription to additional features as well.

7.3. Invoicing and Refunds

Payment is based on subscribed Plan. For monthly or yearly Subscription Periods, the Services will be invoiced in advance on a monthly or yearly basis respectively and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the Services will remain active for the length of the paid Subscription Period. In order to treat everyone equally, no exceptions will be made.

7.4. Payment Delays and Incidents

In the event of default or delay in payment, We reserve the right, from the day after the due date specified on the invoice:

(i) for all Users:

Declare all sums that You owe Us, in arrears and immediately due,
Immediately suspend access to OneCode Cloud until full payment has been received.

(ii) for Professional Users:

Invoice an interest on arrears equal to 3 times the legal interest rate, based on the amount of the sums not paid on the due date and a fixed indemnity of 40 euros for recovery, without prejudice to additional compensation if the recovery actually incurred exceeds this amount.

7.5. Authorization

By agreeing to these Agreement, You are giving Us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that You authorize for DeepLime.

7.6. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Services. By using the Service, You agree to pay Us any charge incurred in connection with Your use of the Services. If You dispute the matter, contact Us by email. You are responsible for providing us with a valid means of payment for paid Accounts.

8. Intellectual Property

8.1. Our Intellectual Property rights

All elements of Our Intellectual Property are Our property and, subject to the specific terms of access to Our Apps under the conditions of Article “Intellectual property rights on the Apps”, We grant You a license to use them solely for the duration of Your Subscription as specified in the article “Duration of Services and Termination” or, if applicable, the duration specified in the Quote.

This license is limited, personal, non-sublicensable and non-exclusive, and does not involve any transfer of ownership.

Accordingly, You must not:

copy, modify or misappropriate any property or design used by Us in connection with the Services,
engage in any behaviour which interferes with or diverts Our computer systems or which breaches Our computer security measures,
infringe Our financial, commercial or moral rights or interests,
market, transfer or otherwise provide access to the Services, the information hosted on OneCode Cloud or any of Our Intellectual Property.

Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, which has not been previously authorized by You, is strictly forbidden and may give rise to legal proceedings.

8.2. Your Intellectual Property Rights

Subject to the open-source elements included the code of Your Apps, You warrant to Us that You have the necessary rights or authorizations of Your Apps and grant us a non-exclusive license on Your Intellectual Property to deploy Your Apps, and, when shared with others as Private Apps or through OneStore, to show them to other Users, parse them into a search index; make backups, and other things for the purposes of rendering the Website and the Services. This license does not grant us the right to sell Your Content or distribute or use it outside of our provision of the Service.

You undertake and guarantee:

to consult, accept and comply with the terms and conditions of the third-party licenses relating to Your Apps, including the OneCode library, prior to any use of OneCode Cloud;
to have all required authorizations to deploy Your Apps on OneCode Cloud , and to guarantee Us in particular (i) that You have not introduced into Your Apps,Your Intellectual Property and Content, any reproduction or reminiscence likely to infringe the rights of third parties or to interfere with OneCode Cloud.

Consequently, You indemnify Us against all claims, demands, damages, charges and judgments, attorney's fees and costs relating to any pre-litigation and/or litigation action that may be brought and/or asserted by third parties who consider themselves injured by the creation, production, publication and/or use of Your Apps and in particular all requests regarding Your Intellectual Property.

You remain solely responsible for the management of Your Apps and all Your Intellectual Property and Content. We act as an intermediary in relations between You and other Users. We cannot therefore be held responsible for these relations with other users, nor can We be party to any dispute whatsoever.

All formalities about Your Intellectual Property and especially for the registration of Your Apps, including the related fees to a specialized organization, will be at Your expense.

8.3. Intellectual property rights on the Apps

(i) If You use Apps on OneCode Cloud

Each App may have its own terms of use which are governed by an agreement.

(ii) If You deploy/market Your Apps on OneCode Cloud

You agree to make available the legal documentation specific to Your Apps (in particular, for example, the general terms and conditions of use of Your Apps, user license, privacy policy, etc.).

As an intermediary in relations between You and other Users, We cannot be held liable for these relations with other Users, nor can We be party to any dispute whatsoever.

Please refer to OneStore terms of services for further details on the use of OneStore.

8.4. Intellectual property rights on the testimonials

By subscribing to the Services, You acknowledge that the testimonials of any kind that are published on OneCode Cloud are broadcasted in a spirit of community exchange.

You may also provide testimonials regarding Your use of the Services.

Therefore, You agree that We may:

broadcast the testimonials free of charge on OneCode Cloud and on any other French or foreign websites, published by any companies with which We have agreements, by any means and on any medium, for the purpose of promoting OneCode Cloud,
translate the testimonials into any language,
modify (in particular the framing, format and colors) and/or adapt the testimonials (in particular to the technical constraints of OneCode Cloud (alterations or degradations in their quality).

9. Maintenance and support services of OneCode Cloud

9.1.Maintenance

For the duration of the Services, You will benefit from maintenance, in particular corrective and ongoing maintenance. In this context, access to OneCode Cloud may be limited or suspended.

We endeavor to provide You with corrective maintenance in order to correct any malfunction or bug found on OneCode Cloud.

You also benefit from ongoing maintenance, which We may carry out automatically and without notice, and which includes improving the functionality of OneCode Cloud, adding new features and/or technical facilities used within the framework of OneCode Cloud (aiming to introduce minor or major extensions).

Updates are made for the duration of the present Agreement.

Detailed information on updates is available here: xxxxxxxx 🔗

You must agree to install any necessary updates for the Services to remain compliant, i.e. for the Services can continue to be used in accordance with what was agreed between Us and what You expected when You subscribed. Failing this, OneCode Cloud might malfunction.

Access to OneCode Cloud may also be limited or suspended for planned maintenance purposes, which may include the corrective and ongoing maintenance operations referred to above.

9.2. Technical support

In the event of any difficulty encountered while using the Services, We provide a technical support service, consisting of assistance and advice.

The technical support is accessible at the following address: support@deeplime.io from Monday to Friday, excluding public holidays, from 8 am to 6 pm France time.

Depending on the identified need, We will estimate the time of its response and the nature of it and will inform You.

10. Hosting of OneCode Cloud

We undertake to ensure, as an obligation of means, the hosting of the Accounts and all Your published Content through a professional hosting provider.

We will make Our best efforts to ensure the hosting of the Accounts and any content that You publish on OneCode Cloud.

We undertake to implement all technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, concerning the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers against malicious acts.

We also undertake to take all necessary precautions, in view of the nature of the data and the risks involved in providing the Services, to protect the security of the data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties.

11. Duration of Services and Termination

11.1. Concerning the Individual and Organization Plans

The Subscription to an Individual Plan or to an Organization Plan is taken for an initial period of a month or a year, as indicated and selected on OneCode Cloud.

The Subscription is then automatically renewed for successive periods of the same duration as the initial Subscription period mentioned above (together with the initial period the "Subscription Periods"), from date to date, unless terminated by Us or by You until the last day of the current Subscription Period, under the conditions described below.

Cancellation of the Subscription may be made by each party or directly from OneCode Cloud.

Termination of the Subscription shall be effective at the end of the last Subscription Period in progress. Any Subscription Period started shall be due in full.

If the Client is a consumer, according to article L215-1 of the French Consumer Code:

For service contracts concluded for a fixed term with a tacit renewal clause, the professional providing the service shall inform the consumer in writing, by a dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information shall be given in clear and comprehensible terms and shall mention, in a visible box, the deadline for non-renewal.

Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, after deduction of the sums corresponding, up to that date, to the performance of the contract. The provisions of this article shall apply without prejudice to those which by law subject certain contracts to special rules as regards consumer information.

11.2. Concerning the Customized Plan

The Subscription to a Customized Plan is taken for an initial period specified in the Quote, which starts from the date of the beginning of the subscription indicated in the Quote.

Unless otherwise provided in the Quote, the Subscription is then tacitly renewed for a period equivalent to the initial one unless terminated by Us or by You until the last day of the current Subscription Periods.

You may terminate the Subscription directly by sending an e-mail to Us stating Your wish to terminate.

Termination of the Subscription shall be effective at the end of the last Subscription Period in progress. Any Subscription Period started shall be due in full.

12. Agreement in relation to evidence

You expressly acknowledge and accept that:

(i) Data collected on OneCode Platform and its computer equipment attest to the reality of the transactions performed in the context of this Agreement, (ii) This data is the main means of acceptable proof between the parties.

13. Your obligations and warranties

Without prejudice to other obligations provided for in this Agreement, You undertake to respect the following obligations:

You agree to provide Us with all information necessary to subscribe to and use the Services.

You:
- guarantee that the information provided in the registration form is accurate and undertake to keep it up to date,
- acknowledge that this information is proof of its identity and is binding on it as soon as it is validated,
- are responsible for maintaining the confidentiality and security of Yourlogin and password. Any access to OneCode Cloud using Your username and password is deemed to be made by You.
You must contact Us immediately by email* if You become aware that Your Account has been used without Your knowledge. You acknowledge that We shall have the right to take any appropriate action in such a case.
As Owner or Administrator of an Organization, You are solely responsible for creating Users' accesses and setting their access rights. You are responsible for Your use of the Services and for any information that You share in this context. You are also responsible for the use of the Services and any information shared by other Users under an Organization. You agree that the Services will be used exclusively by You and/or the Users, who are subject to the same obligations as You in their use of the Services.
You must not use the Services for purposes other than those for which they were designed, and in particular for :
- practice illegal or fraudulent activity,
- harm public order and morality,
- infringe on third parties or their rights in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- carrying out any activity that may interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- carry out any operation aimed at promoting Your services and/or sites or those of a third party,
- assist or incite a third party to commit one or more of the acts or activities listed above.
You are responsible for Your Intellectual Property of any kind that You publish on OneCode Cloud.
You shall not use the Services for (this list is not exhaustive):
- infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),
- infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
- prejudicial to third parties in any way whatsoever,
- misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
- harmful to the computer systems of third parties.
We have the right to remove any Apps or Content that, in our sole discretion, violates any laws or Our Terms of Services or Policy.
You are solely responsible for the completion of all administrative, tax and/or social formalities, as well as for the payment of contributions and taxes of all types concerning You that may result from the use of OneCode Cloud. Under no circumstances shall We be held liable in this respect.
You undertake to ensure that Users comply with the obligations set out in this Agreement.
You guarantee against any misuse, non-compliant or illicit use of OneCode Cloud, in particular against infringement of the laws and regulations in force. The User is thus exclusively responsible for the implementation of all procedures intended to prevent or repair the commission of such acts.
You undertake to act with discernment and to respect the usual rules of politeness and courtesy in their dealings with other users.
You are solely responsible for the marketing of Your Apps. We shall not be held liable for any failure by You to comply with this Agreement.
You agree to indemnify and hold Us harmless against any claim, demand, action and/or cause of action that We may suffer as a result of Your breach of any of Your obligations under this Agreement. You agree to pay Us all costs, charges and/or judgments that We may incur as a result.

14. Our liability and warranties

We agree to provide the Services with diligence and in accordance with trade practices, specifying that We have an obligation to provide good care and not an obligation of result, which is expressly acknowledged and agreed by You.
We intervene exclusively for the purpose of providing the Services described in this Agreement.
We undertake to make Our best efforts to ensure the security of OneCode Cloud. We guarantee the exclusive access of the Users to their Accounts and shall not communicate the content thereof to any third party.
However, We shall not be liable in case of malicious introduction on the cloud space reserved for You, if it is not demonstrated that the security measures it has put in place were seriously deficient.
In addition, We shall not be held responsible for any lack of vigilance on the part of Users in maintaining the confidentiality of their login and password.
We certify that We hold an insurance policy guaranteeing Our professional civil liability. We undertake to maintain this insurance policy in force for the duration of this Agreement.
Our intervention is limited to the provision of the Services, to the exclusion of all others thus, We are only the host of Your Apps and we will not intervene in the maintenance of Your Apps, for which You are solely liable.
We cannot be held liable in the event of impossibility of deploying Your App for any reason whatsoever, including if this impossibility is due to the fact of not having used the OneCode Library (which is part of the prerequisites for deploying Your Apps).
You acknowledge and agree that the Services are provided to You personally and that We do not interfere in any way in the relationship between You and the Users or any other third party.
We undertake to carry out regular checks to verify the operation and accessibility of OneCode Cloud. We therefore reserve the right to temporarily interrupt access to OneCode Cloud for maintenance purposes.
We cannot be held responsible for temporary difficulties or impossibilities in accessing OneCode Cloud due to circumstances beyond Our control, force majeure, or due to disruptions in telecommunications networks. You are informed of the complexity of global networks and the influx of Internet users at certain times of the day.
The Services are provided by Us “as is” and without warranty of any kind, either express or implied. In particular, We do not warrant to You that the Services, which are the subject of constant research in order to improve performance and progress, will be totally free from errors, defects or faults.
If You are a Professional, in any event, the liability that We may incur hereunder is expressly limited to Your direct damages. With the exception of bodily injury, death and gross negligence, We shall not be liable for more than the sums We have received during the 12 months preceding the event giving rise to liability or the period of provision of the Services, whichever is shorter.

15. Personal Data

Each party undertakes to comply with the applicable regulations on personal data processing, in particular, the General Data Protection Regulation (regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016) (hereinafter referred as the “GDPR”), and to the French Data Protection Act of 6 January 1978 (hereinafter referred together as the “Applicable legislation”).

15.1. Processing of personal data to access the Services onOneCode Cloud

When You create an Account in order to access the Services on OneCode Cloud, We act as data controller and ensure compliance with applicable legislation.

Your personal data will be kept only for as long as is strictly necessary to manage the contractual relationship between us. Your personal data may be shared in particular with Our staff, Our third-party service providers and any authority authorized to have access to it.

This processing is necessary for the proper performance of this Agreement. It may give rise to the exercise by You of Your rights (i) to obtain communication and, where applicable, rectification or deletion of Your personal data (ii) to request deletion or limitation of processing, (iii) to object to processing on legitimate grounds, (iv) to request portability of Your personal data, in order to retrieve and retain it, and (v) to lodge a complaint with a competent supervisory authority.

For further details on how Your personal data is processed and, on Your rights, please consult our Privacy Policy 🔗.

15.2. Processing of personal data for Apps

(i) If You use Our Apps on OneCode Cloud

In the context of the use of Our Apps, we act as data controller, under the same conditions as Article “Processing of personal data to access the Services on OneCode Cloud”.

ii) If You use Third-Party Apps on OneCode Cloud

When using a Third-Party Apps, Our Privacy Policy 🔗 does not apply to how personal data is processed. We invite You to consult the privacy policies of these Third-Party Apps and to inform yourself of Your privacy rights before using them.

(iii) If You create Your Apps on OneCode Cloud

When using OneCode Cloud, You act as the data controller for the processing operations listed below and must fulfill Your obligations pursuant to the Applicable legislation, in particular as regards the obligation to inform data subjects, to ensure lawfulness of processing, maintain a record of processing activities carried out and more generally, compliance with the principles of the Applicable legislation.

We act as the data processor and are authorized to process personal data on behalf of You.

The characteristics of the processing are as follows:


Purposes of the processing	Deployment, marketing and hosting of Your Apps on OneCode Cloud.
Nature of the processing	Collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data processed through OneCode Cloud.
Categories of personal data	The personal data required to provide Your services in Your Apps such as Your name, surname, Email, billing address, GitHub account, bank details…
Category of data subjects	The Users of Your Apps (professional or consumer)
Duration of the processing	Duration of this Agreement.

The data that You provide to Us for the purposes of performing the Services remain Your property and are under Your sole responsibility.

Our obligations with respect to You

Data processing:
We undertake to process personal data only for the purposes listed above and in accordance with Your documented instructions, including with respect to data transfers outside the European Union. If We consider that an instruction violates applicable law, We will inform You immediately. Moreover, if We are required to transfer personal data to a third country or international organization under the law of the Union or of the Member State to which We are subject, in that case We will inform You of this legal requirement prior to processing, unless that law prohibits such information for important grounds of public interest.
Security and data confidentiality:
We undertake to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. We ensure that the persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Sub-processors:
We have Your general authorization for the engagement of other processors (the "Sub-Processor") to carry out specific processing activities. We shall inform you in writing of any intended changes regarding the addition or replacement of further Sub-Processors. This information must clearly indicate which processing activities are concerned, the name and contact details of the Sub-Processor. You have a period of 15 calendar days from the date of receipt of such information to submit Your legitimate and justifiable objections. We can engage with the new Sub-Processor if you have not raised any objections during this period. All agreed Sub-Processors shall comply with the obligations hereunder on behalf of and in accordance with Your instructions. We shall ensure that all Sub-Processors provide the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Applicable Legislation. We shall remain fully responsible to You for the performance of the Sub-Processors’ obligations under its contract with Us.
Transfer of personal data outside the European Union:
We are authorized to transfer personal data processed as part of the present Agreement to third countries located outside the European Union, if appropriate guarantees have been implemented as defined under Chapter V of the GDPR.
Assistance:
We undertake to assist You in ensuring compliance with data protection impact assessments and in case of prior consultation with the supervisory authority.
Subjects’ rights:
To the extent possible, We undertake to assist You in fulfilling its obligation to comply with requests to exercise the rights of data subjects: right of access, rectification, erasure and opposition, right to limit processing, right to data portability, right not to be subject to an automated individual decision (including profiling). If data subjects send requests directly to Us, We shall address such requests as soon as possible to You via appropriate means.
Notification of personal data breach:
We shall notify You of any personal data breach within 72 hours after becoming aware of it. Such notification shall be sent along with any necessary documentation to enable You to notify, where necessary, this breach to the supervisory authority.
Fate of the data:
We undertake to delete personal data at the termination of the Agreement, regardless of its cause, and not to keep a copy unless Union or Member State law requires storage of the personal data.
Documentation:
We shall make available to You, at Your request, all information and documents necessary to demonstrate compliance with its obligations and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by You. You may carry out audits once a year, at Your own expense. You will inform Us of the audit at least 3 months before. We may refuse the identity of the auditor especially if (but not limited to) he or she is related in anyway with a competing company. The audit shall be conducted during work hours and with the least possible disturbance for Our activity. The audit shall not threaten (i) technical and organizational security measures implemented by Us, (ii) the security and confidentiality of Our other customers' data, nor (iii) Our proper operation and organization. To the extent possible, each party will agree in advance on the scope of the audit. The audit report will be sent to Us for Our comments, which will be attached to the final version of the audit report. Each audit report will be treated as confidential information.

Your obligations with respect to Us

You undertake to:

provide Us with the personal data mentioned above, except any improper, disproportionate or unnecessary personal data, and except any “particular” personal data within the meaning of the Applicable legislation, except if the processing activities justify it. In this case, You will have to document these justifications and to take all measures, notably of prior information, to collect appropriate consent and appropriate security measures, appropriate for such particular data;
collect, under Your responsibility, in a lawful, fair and transparent manner, the personal data that You provide to Us, for the performance of the services, and in particular, ensure the lawfulness of the processing and the information due to the data subjects ;
document, in writing, any instructions that have an impact for Us on the processing of personal data;
ensure, before and during processing, compliance with the obligations laid down by the applicable legislation.

16. Termination for breach

In the event of a breach by one of the parties of any of its obligations under this Agreement, this Agreement will be terminated automatically 15 days after receipt by the defaulting party of formal notice, which has remained without effect, or if the breach cannot be remedied, by registered letter with acknowledgement of receipt, stating the intention to apply the present clause, without prejudice to any damages which may be claimed from the defaulting party.

The payment of the price of the Services as well as the obligations set out in the article "Your Obligations and warranties" are essential obligations.

In the event of a breach of these obligations, We may:

suspend or terminate Your access to the Services,
remove any Content related to the breach,
publish on OneCode Cloud any information message that We deem useful
send You a registered letter with acknowledgement of receipt to:
- terminate the contractual relationship, the termination taking effect on the day of receipt or first presentation of this letter
- or to ask You to remedy the breach within a maximum of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied and will result in the deletion of Your Account,
notify and cooperate with any competent authority and provide it with any information relevant to the investigation and prosecution of illegal or unlawful activities,
initiate any legal action.

These sanctions are without prejudice to any damages We may claim from You.

17. Client reference

If You are a professional, You expressly authorize Us to use Your name, trademark and/or logo as a customer reference, in any form and on any medium whatsoever, for the term of this agreement and beyond, for a period of 3 years.

If you are not a professional, this article does not apply.

18. Links and Third-Party Sites

We can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which You would access through links on OneCode Cloud.

We shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile applications and You are hereby reminded that these sites are governed by their own general terms and conditions.

We shall not be liable for any transactions conducted between You and any advertisers, professionals or salespersons (including its potential partners) to which You may be oriented through OneCode Cloud and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees.

19. Subcontracting

You expressly acknowledge and accept that We reserve the right to entrust subcontractors with associated services that are necessary for the fulfillment of its obligations under this agreement. For this purpose, We undertake to ensure that its subcontractors comply with all its obligations hereunder.

20. Force majeure

Neither Party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the Parties' control and constitutes force majeure, as defined in Article 1218 of the French Civil Code.

By force majeure, the Parties agree in particular to understand the occurrence of an event with the characteristics of unpredictability and irresistibility usually recognized by French law and courts, as well as strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or default attributable to a third-party telecommunications provider.

The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties shall come together to determine together the most appropriate means to alleviate, if possible, the consequences of the event(s) constituting force majeure.

If the case of force majeure lasts for more than 1 month each party may terminate the Agreement, ipso jure, without legal formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.

If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the fulfillment of the obligations not affected by the case of force majeure as well as its payment obligations.

As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume performance of the affected obligations within a reasonable period of time.

21. Right of withdrawal

If:

You are a consumer,
You are a non-professional fulfilling the conditions set out in the French Consumer Code,

... You have a right of withdrawal, for a period of 14 days from the entry into force of this Agreement. You may exercise this right by sending to Us, before the expiry of the aforementioned period, the form in Appendix 1 hereof, duly completed, or any other unambiguous statement expressing their wish to withdraw.

In the event of exercising the right of withdrawal, We will reimburse all payments We have received from you, without undue delay and, in any event, no later than 14 days from the day We are informed of Your decision to withdraw. The refund will be made using the same means of payment as that used for the initial transaction, unless You expressly agree to a different means. In any event, this refund will not incur any costs for You.

If You have requested that the Services begin before the expiry of the withdrawal period, by ticking the box to this effect on the registration form or by accepting the Quotation, You may exercise Your right of withdrawal within the period and in accordance with the terms set out above. In this case, You will owe Us the price of the Subscription, prorated for the time elapsed until We are informed of Your decision to withdraw.

22. Legal warranty of conformity

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or service for the duration of the contractual relationship between the parties.

The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.

The consumer may obtain a reduction in price by keeping the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if :

The professional refuses to bring the digital content or service into compliance,
The compliance of the digital content or service is unjustifiably delayed,
The digital content or service cannot be brought into conformity without incurring costs for the consumer,
Bringing the digital content or service into conformity causes major inconvenience to the consumer,
The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in price or rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the customer to a price reduction if the digital content or service is retained, or to a full refund in exchange for relinquishing the digital content or service.

23. Amendments

We reserve the right to amend this Agreement at any time and We will inform You at least one calendar day before they come into force.

You shall be informed of these amendments through any pertinent channel.

The amended Agreement applies when the Subscription is renewed.

If you do not accept the Agreement, You must unsubscribe from the Services in accordance with the provisions of the article “Duration of Services, Termination”.

If You continue to use the Services after the entry into force of the amended Agreement, You are deemed to have accepted these amendments.

24. Effect of termination

Upon termination of the Services for any reason whatsoever, You shall promptly cease to use OneCode Cloud.

It is Your responsibility to recover all Your and the User’s data in relation with its use of OneCode Cloud and the Services.

Any request for reversibility must be the subject of a Quote request before the end of the Services.

25. Language

In the event of a translation of this Agreement into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.

26. Mediation

If You are a consumer, in** the event of a dispute, You can have free recourse to the following consumer ombudsman for an amicable settlement:

Centre de médiation de la consommation de conciliateurs de justice (CM2C) Postal address: 14 rue Saint Jean 75017, Paris, France (https://www.cm2c.net/contact.php 🔗) Phone: 01 89 47 00 14 https://www.cm2c.net 🔗

If You are a foreign consumer but located in the European Union, You can go to the European Consumer Law Dispute Resolution platform here 🔗.

27. Law and Jurisdiction

This Agreement is subject to French law and shall be interpreted and governed by such.

If You are a Professional, any dispute that may arise in connection with their validity, interpretation or performance shall be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided by mandatory procedural rules.

APPENDIX 1 - CONSUMERS WITHDRAWAL FORM

Please print, complete and return this form only if You, as a consumer, wish to withdraw from this Agreement.

To the attention of DEEPLIME

Address: 28 rue du Chemin Vert, 75011 Paris, France
Telephone: +33 1 89 16 42 77
E-mail address: contact@deeplime.io

I hereby notify You of my withdrawal from this Agreement.

Registration on the platform made on: _______________________

Client name: _____________________________________

Client's address: _______________________________________________________________________________________________

Client's signature : ______________________________________________________

Date : ___________________