Presentation

DIV PROTOCOL is a company offering a software solution for storage, sharing and encryption of professional data for businesses. The service is accessible via the platform www.divprotocol.com and relies on a secure infrastructure hosted by OVH, in France and the European Union. The service is marketed as a monthly subscription without commitment, accessible only to professionals (B2B). These General Terms and Conditions of Sale (hereinafter "GTC") define the rules applicable to any subscription or use of the DIV PROTOCOL service.

I. Purpose

These GTC aim to define the respective rights and obligations of DIV PROTOCOL SAS (hereinafter "the Provider") and the customer (hereinafter "the Client") in the context of providing the DIV PROTOCOL SaaS service. Purchasing or subscribing to the service implies the Client's full and complete acceptance of these GTC, to the exclusion of any other document.

II. Scope of application

These GTC apply to any order, subscription or service performed by the Client on the platform. They constitute the sole contractual framework applicable between the Parties. DIV PROTOCOL reserves the right to modify the GTC at any time, provided it informs the Client 30 days before they come into effect.

III. Service characteristics

The DIV PROTOCOL service includes:

• a secure storage space for company data;
• an internal sharing and collaboration tool;
• data encryption based on internal protocols and proprietary blockchain technologies;
• access to an administration interface to manage users and files.

DIV PROTOCOL reserves the right to evolve the service content without altering its essential functionalities.

IV. Pricing and payment terms

The base rate is set at €100 excluding tax per user per month. Payments are made exclusively by credit card via Stripe at the time of subscription. Prices are expressed in euros excluding tax and may be modified subject to prior notification. Billing begins on the account activation date. In case of payment failure, the Provider may temporarily suspend access to the service until regularization.

V. Duration and termination

The subscription is concluded for a monthly period, automatically renewable by tacit renewal. The Client can cancel their subscription at any time from their user space. Any period started is due in full and does not give rise to any refund. In case of non-payment exceeding 30 days, DIV PROTOCOL may suspend or delete the account concerned.

VI. DIV PROTOCOL's obligations

DIV PROTOCOL undertakes to:

• ensure the availability and security of the service;
• protect the confidentiality of data stored by the Client;
• inform the Client in case of maintenance or major incident.

The Provider acts as a subcontractor within the meaning of GDPR and cannot exploit the Client's data for purposes other than providing the service.

VII. Client's obligations

The Client undertakes to:

• use the service in compliance with laws and regulations in force;
• guarantee the legality of stored and shared content;
• not compromise system security (intrusion attempt, malware distribution, etc.);
• maintain the confidentiality of their login credentials.

VIII. Liability

DIV PROTOCOL cannot be held responsible for:

• consequences of non-compliant use of the service;
• data loss due to Client fault;
• any indirect damage, such as loss of revenue or image.

In any case, the Provider's liability is limited to the total amount paid by the Client over the last six months.

IX. Force majeure

Neither Party may be held responsible for a contractual breach resulting from a force majeure event as defined in Article 1218 of the Civil Code.

X. Personal data and GDPR

DIV PROTOCOL complies with legislation relating to the protection of personal data, in particular the General Data Protection Regulation (GDPR). Data is hosted in France and the European Union. The Client retains full ownership of their files and may request deletion or return of their data at any time by contacting contact@divprotocol.com. DIV PROTOCOL undertakes not to consult or exploit hosted files, except in case of legal obligation.

XI. Confidentiality

All information exchanged between the Client and DIV PROTOCOL is considered confidential. Each Party undertakes not to disclose it to third parties without the prior agreement of the other Party.

XII. Intellectual property

DIV PROTOCOL holds all intellectual property rights relating to the platform, source code, design and brand. No transfer of ownership is made to the Client. Files deposited by the Client remain their exclusive property.

XIII. Audit and compliance

DIV PROTOCOL may be subject to internal or external compliance audits. The Client may, upon justified request, obtain an annual compliance report relating to security and data management.

XIV. Service evolution

DIV PROTOCOL may update the service to improve its performance, strengthen its security or adapt its functionalities. These updates do not alter the essential characteristics of the service.

XV. Applicable law and jurisdiction

These GTC are governed by French law. In case of dispute, exclusive jurisdiction is attributed to the Paris courts (France). Contact: contact@divprotocol.com