GENERAL TERMS OF SERVICE ECOSYSTEM EXPERIENCE

Latest version dated May 19 2021

The purpose of the present General Terms of Service is to define the terms and conditions for the provision and use of OVHcloud Services in the context of the Ecosystem Experience event.

These General Terms of Service form, together with the documents which they make reference to, a single contract (hereafter the ‘Contract’) between OVH SAS, incorporated under French laws, headquartered at 2 rue Kellermann 59100 Roubaix (France) and registered under number B424 761 419 R.C.S. Lille Métropole (hereafter known as “OVHcloud”), and any physical or legal person, consumer or business, governed by private or public law, creating a Client Account to participate in the Ecosystem Experience event (hereafter known as the “Client”). The Client and OVHcloud are individually and jointly known as the “Party” or “Parties”, respectively.

Expressions beginning with an upper-case letter are defined within the present General Terms of Service.

INSCRIPTION

1.1. Client Account. To be able to benefit from OVHcloud Services, the Client must have a valid Client Account. The Client creates its Client Account online on de OVHcloud Ecosystem Experience website (https://ecosystemexperience.ovhcloud.com/). The Client shall provide all the required information and undertakes that all of the information thus provided is correct and up to date throughout the entire duration of the Contract. When a Client Account is created and used by a third party, such person shall be considered as acting in the name and on behalf of the Client, and having full power and authority to enter into and perform this Contract on behalf of the Client.

1.2. Activation of the Client Account. Prior to the activation of the Client Account, as well as at any time while the Contract is in effect, OVHcloud reserves the right to verify the accuracy of the information sent by or for the Client Account, and to request supporting documents from the Client. OVHcloud reserves the right not to activate, or to deactivate, the Client Account in the event that any of the information provided by the Client is incomplete, inaccurate, or fraudulent.

SERVICES

2.1. Applicable Terms of Service. The provision and use of the Services are governed by these Terms of Service, the Data Processing Agreement any other conditions referred by the General Terms of Services, such as Third Party Product Terms of Use and Code of Conduct, along with any other information given to the Client during the use of the Client Account (“Terms of Service”). The use and/or the download of Third Party provided by OVHcloud in the provision of the Services constitutes acceptance of the Third Party Product Terms of Use in accordance with Article 3.9. The Third Party Product Terms of Use supplement these General Terms of Service. In the event of contradiction, the General Terms of Service, shall prevail over the Third Party Product Terms of Use. The Terms of Service in effect are available on the OVHcloud website. The Terms of Service may vary depending on the country where the Services are located.

2.2. Subcontracting. Subject to the provisions of the Data Processing Agreement, OVHcloud may subcontract all or part of the Services to its Affiliates. Within the scope of the Contract, OVHcloud may freely recourse to Third-Party Providers, without having to inform the Client or sollicitate it prior approval. OVHcloud shall in all cases remain primarily liable for the provision of the subcontracted Services.

TERMS OF USE OF THE SERVICES

3.1. Compliance with the Terms of Service. The Client agrees to use the Services in accordance with the Terms of Service in effect. The Services must be used in good faith. In particular, the Client undertakes to comply with these General Terms of Service, the Data Processing Agreement and the applicable Third Party Product Terms of Use, as well as any information communicated to the Client. When using the Services on behalf of a third party, or authorizing a third party to use the Service and before any use of the Service(s) by such third party, the Client undertakes to communicate and to validate the relevant terms to that third party and guarantee compliance of the Terms of Service by the relevant third party.

3.2. Connection. To use the Services, the Client must ensure that it has access to a remote connection (such as the Internet or a private network), which it is solely responsible for and bears the costs of. The Client is hereby informed that the Internet presents technical hazards and security risks that are external to the technical measures employed by OVHcloud in the provision of the Services. OVHcloud shall not be held liable for any faults by Internet access providers or other third party data transport networks (including but not limited to lack of reliability of connection lines, bandwidth fluctuations, connection interruptions, etc.), nor for the consequences of said faults, particularly in cases when they result in the unavailability or discontinuity of the Services.

3.3. Means of authentication. The Client is responsible for the management and confidentiality of the necessary means of authentication for connecting to and using the Services. The Client shall ensure it follows standard practices which enablesto maintain the confidentiality of its authentication credentials. The Client is solely responsible for any consequences which may arise from the loss, disclosure, or fraudulent or illicit use of the authentication credentials provided. OVHcloud shall in no way be held liable in this regard. The Client undertakes to immediately inform OVHcloud of any loss or disclosure of any authentication credentials, and immediately proceed with changing said authentication credentials.

3.4. Compliance with laws and regulations and the Code of Conduct. The Client shall use the Services in a reasonable manner, in accordance with the Code of Conduct in force available on the OVHcloud Website and shall comply with all applicable laws and regulations. The Client undertakes to remain attentive to any updates or changes to said Code of Conduct sent by OVHcloud. Explicitly forbidden actions include, but are not limited to, (a) abuse, fraudulent or excessive use of the Services and resources made available to the Client, particularly any use of a nature that threatens the stability and security of the OVHcloud systems or which can result in a degradation of the performance of the Services provided to other OVHcloud clients, (b) intrusions or intrusion attempts launched from the Services (including, but not limited to, port scanning, sniffing, spoofing, and more generally, attacks on external parties originating from resources made available by OVHcloud) except Penetrating Tests specifically authorized by OVHcloud pursuant to these General Terms of Service, (c) any use or attempted use of spam or any other technique similar to spamming, and (d) use of illicit or prohibited content

3.5. Suspension of Services. OVHcloud reserves the right to suspend all or part of the Services in the event of (a) a known risk to the stability and/or security of the OVHcloud systems or environment by the Services and/or Client Content, (b) scheduled maintenance, or (c) a request issued by a legal authority or competent judicial authority (d) notification by a third party as per article 6 of the Digital Economy Confidence Act (“Loi pour la Confiance dans l’Economie Numérique”) (e) non-compliance of the Client with all or part of the Terms of Services. Said suspension may occur immediately and without prior notice in case of urgency or necessity, and particularly in the case of an event such as described in point (a) and (c) above, or in case of illicit or fraudulent use of the Services, or use that is in violation of the rights of a third party, and more generally, of any use which may bind the liability of OVHcloud. Except in relation to cases of judicial or legal requisitioning or non-compliance with the Terms of Services, OVHcloud shall endeavour to minimise the impact of a suspension on the normal operations of the Services. In the event any such suspension results in a failure by the Client to fulfil its obligations under the Contract, the suspension shall take place without prejudice to OVHcloud’s right to terminate the contract in accordance with article “Duration, Renewal and Termination of Services” hereafter, and without prejudice to OVHcloud's other rights and remedies at law.

3.6. Updates to Services. OVHcloud may modify the Services at any time, and may add, modify or remove ranges, options or features, as well as upgrade their performance. Modifications to Third Party Products and urgent cases (such as security risks, or legal or regulatory compliance updates) may result in immediate modifications to the Services.

3.7. Intellectual property. Usage rights. All of the items (software, Infrastructure, documentation, etc.) made available to the Client by OVHcloud in the provision of the Services and during the Term of the Contract remain the exclusive property of OVHcloud or the third parties which have granted the rights to use them. OVHcloud grants the Client a non-exclusive licence to use the items made available to it only in accordance with and for the duration of the present Contract. With the exception of the aforementioned items made available to the Client by OVHcloud in the provision of the Services, the Client remains solely responsible for acquiring all of the authorisations and usage rights for the elements and Content (data, software, applications, systems, websites, etc.) which it uses and operates in relation to the Services. Subject to mandatory legal provisions in effect, the Client is not authorized to decompile the software, source code and algorithms used in the course of supplying the Services, notably to reverse-engineer.

3.8. Export Controls. Subject to the restrictions of use (a) provided for under the Terms of Service, or (b) specific to the Client’s business, OVHcloud shall ensure that the Services can be commercialized and used in the European Union and countries where the Datacenters used to provide the Services are located. If the Client uses the Services, or authorizes third parties to use the Services, from a geographical zone located outside the country where the Datacenters are located, the Client is responsible to verify that this use is not subject to any restrictions arising from applicable legislation or regulations, notably regulation EC 428/2009 from the European Council dated 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items as amended, as well as United States regulations such as the EAR (Export Administration Regulations) and ITAR (International Traffic In Arms Regulations), given that OVHcloud commercializes third party solutions provided by vendors subject to the regulations of the United States. OVHcloud reserves the right to refuse orders submitted (a) from countries subject to commercial restrictions or other sanctions, or (b) by citizens of those countries or individuals subject to sanctions. In this framework, OVHcloud may carry out due diligence on the Client, particularly as regards its presence on Sanctions Lists such as, for example, the French Treasury’s list of companies whose assets have been frozen. As a results of such due diligence, OVHcloud may terminate the Terms of Service immediately at its sole discretion.

3.9. Third Party Products. (a) OVHcloud is not responsible for Third Party Products made available within the scope of the Services which may contain technical errors, security vulnerabilities, incompatibilities or instabilities, and offers no guarantee for the Third Party Products made available by OVHcloud to the Client in the provision of the Services (including all related information and items such as software, systems, applications, etc.), and (b) the Client is only authorised to use the Third Party Products made available to it by OVHcloud in accordance with the terms of the Contract, and in particular is forbidden from decompiling, accessing the source code, reinstalling on any other infrastructure software or systems made available to it. The Client uses the Third-Party Products entirely at its own risk, in accordance with these Terms of Service, and is responsible to ensure that such Services are suited to its needs and the purposes for which it uses them.

3.10. Continuity and Reversibility of Services. The termination of Services for any reason whatsoever (in particular, the termination or non-renewal of the Contract, failure to comply with the Terms of Service, etc.), as well as certain operations to update or reinstall the Services, shall automatically result in the irreversible deletion of all Content (including information, data, files, systems, applications, websites, and other items) that is reproduced, stored, hosted, collected, transmitted, distributed, published and more generally used and/or operated by the Client within the scope of the Services, including any potential backup. OVHcloud does not proceed to any operation of restitution or Client’s Contents migration. Such operations are under the Client’s exclusive responsibility. With the exception of any data which OVHcloud must preserve in accordance with applicable laws and regulations, the data referred to in article “OVHcloud processes” below, and any data necessary for the defence of its rights, OVHcloud undertakes not to keep a copy of the Client's data following the termination of Services, unless otherwise agreed by the Parties.

RESPONSIBILITY

4.1. Ability. Each of the Parties warrants and represents that it has full power and authority to enter into and perform the Contract. In particular, the Client and OVHcloud represent and warrant that it holds all of the authorisations, skills and knowledge (particularly of a technical nature) which enable them to respectively use and provide the Services in accordance with the terms and conditions of the Contract.

4.2. Responsibility of OVHcloud. The total aggregate liability of OVHcloud (Affiliates, subcontractors and providers included) to the Client (however arising) under or in relation to this Contract, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise, exceed (i) the total amount of sums paid by the Client to OVHcloud for the impacted Services over the course of the six (6) months prior to the Client’s claim for compensation or (ii) the direct prejudice suffered by the Client if such prejudice is lower. Under penalty of foreclosure, the period time for suit against OVHcloud will not exceed two years from the date on which the Client knows of the damage.

4.3. Limitation of liability. To the extent permitted by applicable law, under no circumstances shall OVHcloud be liable under or in connection with this Contract for any:

use of the Services by the Client or a third party which is in breach of the terms and conditions of the Contract;

non-execution, failure, malfunction or unavailability of the Services resulting from actions by a third party (excluding OVHcloud subcontractors), the Client, a Third-Party Product, or the Client’s failure to fulfill its obligations;

indirect or consequential loss including loss of business, commercial damage, lost of orders, operational losses, loss of revenue, loss of reputation, harm to the company’s image, loss of actual or anticipated profits, loss of contracts or clients (for instance, unwanted disclosure of confidential information relating to such clients due to system failure or hacking, third party claim against the Client);

loss, disclosure or illicit or fraudulent use of Users’ authentication credentials by the User or any third party;

suspensions of access, or temporary or permanent suspension of operated Services in accordance with article 3 of these General Terms of Service (notably a request issued by a legal authority or a competent judicial authority);

loss of, damage to, alterations of all or part of the Content (including information, data, applications, files or other items) hosted on the Infrastructure and noting that OVHcloud is not responsible to perform the continuity of the Client’s activities and notably backup operations;

lack of suitability of the Services to the needs of the Client (including in relation to the sensitivity of the relevant data);

security incidents related to the use of the Internet, particularly in case of loss, alteration, destruction, disclosure or unauthorized access of Client data or information on, or from, the Internet; impairment of systems, applications and other items installed by the Client on the Infrastructure,

4.4. Responsibility of the Client. The Client bears the risks related to its activities and is sole responsible for the use of the Services made available by OVHcloud and for compliance with the Terms of Service in effect, including procuring that any third party that uses the Services, or on whose behalf the Service are used, comply with such Terms of Service. In particular, the Client is responsible for (a) ensuring the Services are suited to its needs and the needs of third parties for whom or on whose behalf they are used, (b) the Content, such as information, data, files, systems, applications, software, websites, and other elements which may be reproduced, hosted, installed, collected, transmitted, distributed or published, and more generally used and/or operated within the scope of the Services, as well as (c) the management and use of said Content (in particular their verification, validation, updating, deletion, backup, and along with any measure designed to protect against the loss or alteration of the Content), including when the Content belongs to a third party or is used or operated by or on behalf of a third party, and (d) compliance with applicable laws and regulations, as well as the Code of Conduct. When the Client uses the Services in the scope of a business activity, or when acting on behalf of a third party, it undertakes to take out a third-party insurance policy, from an insurance company known to be creditworthy, covering the entire amount of damages which may be imputed to it, and undertakes to maintain that insurance policy (or any other equivalent insurance) for the entire duration of the Contract.

4.5. Client guarantee. Each Party guarantees it practices activities complying with the regulation in effect. The Client guarantees notably OVHcloud against any consequences resulting from (a) the use or exploitation of illicit content within the scope of the Services, (b) fraudulent use of the Services or use that does not comply with the Terms of Services in effect or any applicable laws and regulations, (c) the use of Services made in violation of third party rights, (d) the lack of suitability of the chosen Services to its and of any third party on whose behalf the Services are used, or (e) the loss of, or unauthorized or fraudulent use of, Users’ authentication credentials. The Client undertakes to take appropriate action in the event of any action, claim or complaint by a third party relative to the Content and/or the Terms of Service, including those by legal or judicial authorities, and to indemnify and hold harmless OVHcloud against any damages, losses and expenses which may result therefrom (including legal judgements, reasonable legal defence costs, etc.).

4.6. Third Parties. Under the present Contract, OVHcloud makes no commitment towards any third parties, including Users, and no stipulation of the Contract may be interpreted as creating third party beneficiaries of the present Contract (including but not limited to under the Contracts (Rights of Third Parties) Act 1999). The Client is solely responsible for its relationship with any third parties (notably the Users of the Services), and shall indemnify and hold harmless OVHcloud against any action, claim or complaint taken by a third party which implicates the OVHcloud Services. The Client undertakes to notify OVHcloud in writing, as quickly as possible, of any claims, complaints and/or legal action taken by a third party which implicates the OVHcloud Services, detailing the subject matter of the claim as well as any useful information so that OVHcloud may communicate to the Client any items in its possession which may be useful. OVHcloud reserves the right to take part into such litigations.

4.7. Force majeure Neither Party may be held liable on the basis of a failure to meet its contractual obligations resulting, directly or indirectly, from unforeseeable events having the characteristics of force majeure as defined in Article 1218 of the French Civil Code and by case law. The Parties declare that force majeure (i) includes strikes, including strikes by the personnel of a subcontractor of one of the Parties, acts of vandalism, war or threat of war, sabotage, terrorist acts, fires, epidemics, earthquakes, floods and explosions, as well as power cuts beyond the control of the affected Party,. In such circumstances, the Affected Party shall inform the other Party as quickly as possible in writing, detailing the circumstances and the expected duration of the Force Majeure Event, and shall keep the other Party regularly informed of the status of the situation. If, despite the efforts of the Affected Party in breach, the period of delay or non-performance continues for more than thirty (30) consecutive days, the Party not affected may terminate without liability whatsoever all or part of the Services affected by the Force Majeure Event [with immediate effect] by giving notice to the Affected Party.

DURATION, RENEWAL AND TERMINATION OF SERVICES

5.1. Duration of Services. The Contract is entered into for an indeterminate period of time and remains in effect so long as the Client uses the OVHcloud Services.

5.2. Termination for breach. Without prejudice to the other cases of termination provided in the Contract, and without affecting any other right or remedy available to it, either Party may terminate this Contract with immediate effect by giving written notice to the other Party if the other Party commits a breach of any term of this Contract (including non-compliance with provisions of the Article 3 Terms of use of the Services of these General Terms of Service), by email taking effect the day following receipt of said email. Notwithstanding the foregoing, in case of malicious, illegal or fraudulent use of the Services, or use made in violation of the rights of a third party, OVHcloud shall be entitled to terminate the relevant Services or the Contract in its entirety with immediate effect by email. The present paragraph shall not be considered to be a waiver of OVHcloud’s right to suspend or interrupt the Services in accordance with the provisions of the Contract, particularly in case of non-compliance by the Client with the Terms of Service. Terminations for breach are without prejudice to any damages which may be claimed by the injured party.

CONFIDENTIALITY

6.1. Commitments. Each of the Parties undertakes, as concerning the confidential information of the Party of which it is recipient or to which it has access within the scope of the execution of the present Contract, to (a) only use said confidential information for the sole purposes of the execution of the Contract, (b) preserve the confidentiality of said information with the same degree of care as if it were its own confidential information, and (c) give access to said confidential information only to their respective associates and Affiliates who need to know the information as part of their function on the condition that these recipients have received prior notification of the confidential nature of said information and are linked by a confidentiality agreement at least as equivalent as this Contract. Each Party is also allowed to communicate the other Party’s confidential information to its counsels as long as they belong to a regulated profession (e.g. lawyers, barristers, certified accountants and auditors). Each Party forbid itself to divulgate the other Party’s confidential information to other persons than those referred to above without the prior written consent of the other Party, and warrant the respect of the confidentiality of said data by every person to whom it divulgates it. Shall be considered confidential the Contract’s provisions and all information communicated between the Parties, or to which the Parties have access in the scope of the execution of the Contract and in any form whatsoever and the nature (notably financial information and marketing, trade secrets, know-how, information related to security and to the terms of use of the Service). To be considered as a confidential information, it is not necessary that the confidential nature of the information be mentioned on the document or other media containing the information or precised when the information is divulgated. Either Parties undertakes to comply with its obligation of confidentiality for the entire duration of the Contract as well as for a period of two (2) years from its termination, regardless of the cause.

6.2. Exceptions. The confidentiality commitments defined above shall not apply to information for which the recipient Party can demonstrate that (a) the recipient Party became legitimately aware of the information without being required to keep them confidential prior to the other Party having communicated the information or provided it with access to the information, or (b) the information is in the public domain or falls into the public domain during the course of the execution of the Contract by means other than a failure by the recipient Party (or persons for which it is responsible) to fulfill its confidentiality obligations under the present Contract, or (c) they were communicated to the recipient Party by a third party having the authority to disclose them and which did so legitimately, (d) they result from developments performed by the recipient Party and/or by its employees independently of the execution of the Contract, or (e) the divulgation of the said information was authorised by the other Party as provided in the Contract’s provisions. Notwithstanding the preceding, each of the Parties reserves the right to disclose information received from the other Party (a) strictly within the limits necessary to defend its rights, it being noted that in such cases, the confidential information of the other Party shall be retained for the time legally required for their use as evidence, and can only be disclosed to those persons who need to know them within the course of the legal action or procedure in question (judges, lawyers, etc.), those persons being bound by professional secrecy or otherwise by a confidentiality agreement, or (b) at the request of a competent legal or judicial authority, it being specified that in such cases, disclosure shall be strictly limited to the request of said authority, and, subject to any legal requirements or injunctions to the contrary, the recipient Party shall inform the other Party of said request.

GENERAL PROVISIONS

7.1. Severance. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this article 7.1 shall not affect the validity and enforceability of the rest of this Contract. If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

7.2. Titles. The article and paragraph headings are for convenience only and shall not affect the interpretation of this Contract.

7.3. Waiver. No failure or delay by a Party to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

7.4. Entire agreement. The Contract is made up of the Terms of Services which constitute the entire agreement between the Client and OVHcloud in relation to its subject matter, excluding any Client’s general terms and conditions. OVHcloud may, at any time and by right, amend the Terms of Service in effect. About those Services in use, the Client shall be notified via email of any amendment to the Terms of Service in effect.

7.5. No Partnership or Agency. Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute either Party the agent of the other Party, or authorise either Party to make or enter into any commitments for or on behalf of the other Party. Each Party confirms (i) it is acting on its own behalf and not for the benefit of any other person and (ii) it is responsible for all of its actions, and alone assumes all of the risks related to its activity.

7.6. Assignment. Neither Party shall assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract without the prior written consent of the other Party Notwithstanding the foregoing, each Party shall be entitled to transfer all or part of the Contract to its Affiliates. In this case, it shall notify the other Party in writing as soon as reasonably practicable. The following operations are deemed not to fall within the scope of application of the present article, and are therefore authorised: (a) changes in shareholders, changes of holdings, or change of control of either Party, and (b) operations such as mergers, acquisitions, sale of business assets, divestments, or any other operations which involve a transfer of the assets of either Party. If one of the Parties performs one of the operations mentioned in point (a) or (b) above, it shall inform the other Party. If the operation is realised to the benefit of a direct competitor of the other Party or a party with whom the other Party has a pre-existing dispute that other Party shall have the right to terminate the Contract, and no damages shall be due.

7.7. Notices. For all exchanges of information by email, the date and time of the OVHcloud server shall be accepted by the Parties. This information shall be retained by OVHcloud for the entire duration of the contractual relationship and for the three (3) following years. Subject to the other means of communication and recipient mentioned in the Contract, all notifications, formal notices and other communications provided for in the Contract shall be deemed as having been validly delivered if they are sent by to:

For OVHcloud: By registered letter with acknowledgment of receipt to the address

Support Service - 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1

For the Client: By registered letter with acknowledgment of receipt the postal address provided by the Client in its Client’s account or by email address

This article does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

7.8. Advertising and promotion. Unless otherwise decided by the Client, OVHcloud is allowed to make mention of its commercial relationship with the Client in its usual course of business towards clients and prospects. Any other mention by OVHcloud about the Client, and any other use of signs (logos, trademarks, etc.) notably for advertising purposes, exhibitions, conferences and in specialised publications for market professionals, as well as in its brochures, commercial documents and OVHcloud website is submitted to Client’s prior consent.

7.9. Admissible evidence. It is expressly agreed that the data of the OVHcloud information system or of its subcontractors, such as login logs, Client Content, Incident or other reports, can be used as evidence vis-à-vis the Client, and are deemed as admissible including in the context of legal disputes.

7.10. Computation of time frames. Time periods shall be calculated in calendar days, and are counted starting on the next day of the event which triggers them.

7.11. The expiry of the term or early termination of this Contract will not affect the validity of the rights and obligations provided for in the articles "Confidentiality", "Responsibility", "Intellectual Property. Usage rights ", "Notices", "Jurisdictional Competence and Applicable Law" of the Contract which, by their nature or as a result of specific provisions, extend beyond the term or this termination, both for the Parties and for their assignees, until their respective expiry dates.

JURISDICTIONAL COMPETENCE AND APPLICABLE LAW

8.1. Jurisdictional competence. In case of any dispute with a client who is not considered a consumer under the French Consumer Code, exclusive jurisdiction to settle any dispute or claim is given to the Tribunal de Commerce de Lille Europe (France), notwithstanding a plurality of defendant or recourse under warranty, and including for urgent matters, protective measures, or upon request.

8.2. Applicable law. This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including disputes or claims relating to non-contractual obligations) shall be governed by and construed in accordance with the laws of France, provided that if the Client is a consumer, the Client will benefit from any mandatory provisions of the law of the country in which the Client is resident. Nothing in the Contract, including this article 8.2, affects the Client's rights as a consumer to rely on such mandatory provisions of local law.

DEFINITIONS

“Affiliate” means any company controlled by OVHcloud, that controls OVHcloud or with which OVHcloud is under the joint control of another third company. The notion of control has the same meaning as in article L233-3 of the French commercial code. The control can be either direct or indirect.

“Client Account” (or Nic or Nichandle) means reference Account/Client login allowing the Client to manage all its Services and to subscribe to additional Services.

"Code of Conduct" means the code of good conduct for the use of the OVHcloud Services published on the OVHcloud website, as amended from time to time.

“Content” means information, data, files, systems, applications, websites and other items which are reproduced, hosted, collected, stored, transmitted, distributed, published, and more generally used and/or operated by the Client within the scope of the Services.

“Incident” means any event which causes or is likely to cause an interruption or a reduction in the continuous operation of the Infrastructure and/or services provided to the Client by OVHcloud.

"Infrastructure" means all physical and virtual elements belonging to the OVHcloud Group or under its responsibility, made available by OVHcloud in the context of the Services, and which may consist in particular of network, bandwidth, physical resources and software and/or applications.

“Sanctions List” means List of persons, companies and entities sanctioned pursuant to Directive (EU) 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing as amended by Directive 2018/843 of 30 May 2018 or pursuant to other legislative acts in the field of the fight against money laundering and terrorist financing.

"Management Interface" or "Profile" means interface made available by OVHcloud, accessible remotely after authentication (by login and password).

“OVHcloud Elements” means all elements (including software, data, Infrastructure, documents, etc.) made available to the Partner by OVHcloud as part of the Services and under this Agreement.

“OVHcloud Support” means OVHcloud team responsible for assisting the Client and handling Incidents.

“OVHcloud Website” means OVHcloud company’s website "ovhcloud.com" or any other derivative website belonging to one of its Affiliates.

"Services" means any services, such as the use of products, OVHcloud Elements (infrastructure, network, etc.) and access to support, provided by OVHcloud to Client hereunder in connection with the Ecosystem Experience event.

“Terms of Service” means set of documents applicable to the Services, in particular, but not limited to General Terms of Service, applicable to relevant Services in their latest version in force and published on the OVHcloud Website or available to the Client upon request addressed to OVHcloud Support.

"Third Party Products" means any product (such as an operating system, application, firewall, or hardware component) that is developed and owned by a third party and made available to the Client by OVHcloud, or that the Client has directly or indirectly procured from such third party.

“Third Party Product Terms of Use” means contractual terms specific to the use of Third Party Product made available by OVHcloud within the framework of the Services.

“Third-Party Providers” means third parties including, in particular, but not limited to, energy providers, network providers, network interconnection point managers or collocated datacenters, material and software providers, carriers, technical providers, security company.

"User(s)" means the Client and any other person(s) accessing or using the Services (including access to or use of any products configured within the Services by OVHcloud, the Client, its own clients or any third party) under the responsibility of the Client.

SPECIFIC CONDITIONS TO CONSUMERS

This article applies only to Clients who are considered consumers under applicable consumer protection legislation, and supplements the other provisions of these General Terms of Service, which remain fully applicable to said Clients.

10.1 Additional stipulations. This section 10.1 supplements the other provisions of these General Terms of Service, which remain fully applicable to Consumers.

10.1.1 Complaints. All complaints regarding OVH Services may be addressed:

Firstly to: OVH SAS – Service clients – 2 rue Kellermann – 59100 Roubaix. A complaint form is available to the Client in its Management Interface.

Secondly, if the Client has not received a reply within thirty (30) calendar days following the receipt of its complaint, or in the event the Client is not satisfied with the response provided by the Customer Service, it may write to: OVH SAS – Service National Consommateurs – 2 rue Kellermann – 59100 Roubaix. The complaint of the Client shall be reviewed within thirty (30) calendar days from the date of its receipt by the OVHcloud National Consumers Service.

Thirdly, in the case the Client and has followed the aforementioned complaints procedure and remains unsatisfied with the response provided by the OVHcloud National Consumers Service, it may submit its complaint, directly and free of charge, to the “Association Médiation Communications Electroniques (A.M.C.E.) in accordance with the procedures detailed on the website http://www.mediateur-telecom.fr. The ombudsman submission form is available on its website or from the National Consumer Service on request.