FIXEE.AI

Terms and conditions of sale

TERMS AND CONDITIONS OF SALE

FIXEE service published by UBIKIO SAS

Applicable to subscriptions, orders and renewals occurring on or after 1 September 2026

Courtesy translation of the French original, which alone is legally binding (see Article 20.3)

Article 1. Purpose

UBIKIO SAS, a French simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 40,500, whose registered office is located at 33 rue de Janicu, 69530 Brignais, France, registered with the Lyon Trade and Companies Register under number 978 529 485 (hereinafter “UBIKIO”), publishes the FIXEE platform, a customer service and technical support solution (hereinafter the “Service”).

These terms and conditions of sale (hereinafter the “GTCS”) set out the conditions under which UBIKIO provides the Service to the Customer, together with the applicable subscription, invoicing and payment terms.

The Service is intended exclusively for professionals acting in the course of their business. Prior to any subscription, the Customer declares that it has read the GTCS, the Offer Description and the terms and conditions of use (hereinafter the “GTU”), and that it has had the time and skills required to satisfy itself that the Service meets its needs. Any subscription to the Service entails unreserved acceptance of the GTCS.

Article 2. Definitions

The terms below, used with a capital letter, in the singular or the plural, have the following meaning:

“Askia Client”: the artificial intelligence (AI) based conversational assistant made available to Requesters through the Service for the intake, qualification and first-level handling of their requests.

“Askia Hotliner”: the AI-based assistant made available to Users to assist them in handling requests, in particular through information retrieval, drafting, summarising and knowledge capitalisation.

“Commitment Period”: the minimum duration of the Subscription set by the Quote.

“Credits”: units of access to the Service acquired online or under a Quote, consumed in accordance with the terms in force on the date of their acquisition.

“Customer”: any legal entity or professional having subscribed to the Service.

“Extension”: any additional volume, feature, capacity or option subscribed in addition to an Offer.

“Import Volume”: the cumulative amount, expressed in gigabytes and assessed per period, of data submitted by a Team for import into the Knowledge Base and vectorisation, regardless of outcome. Any import consumes the Import Volume, including the re-import of identical or previously deleted content; deleting content does not restore it.

“Included Volumes”: the quantities of Tickets handled by Askia Client, Reports, hours of Video Assistance and any other units included in an Offer, as set out in the Offer Description.

“Knowledge Base”: all documents, content and data imported into the Service by the Customer or its Users in order to feed the features of the Platform, in particular the AI assistants.

“Offer”: each of the Subscription plans offered by UBIKIO and described in the Offer Description.

“Offer Description”: the part of the Quote and, where applicable, of its annexes describing the content of the Offer, its Included Volumes, its usage coefficients, its options, its Extensions and its Commitment Period.

“Quote”: the commercial proposal issued by UBIKIO and accepted by the Customer, specifying the subscribed Offer, its price, its duration and, where applicable, its special conditions.

“Reasonable Use”: the use of Third-Party Channels in accordance with Article 7.

“Reference Usage Capacity”: the volume of Askia Hotliner requests corresponding to the normal professional use of a Team for the base Offer, assessed over a monthly period, as defined in Article 6.2.

“Report”: a document automatically generated by the Service from the elements of a Ticket for the purpose of providing a summary thereof.

“Requester”: any customer, end user or third party addressing a support request to the Customer through the Service.

“Storage Volume”: the total size, expressed in gigabytes, of all the data of a Team hosted in the Service at any given time, including the Knowledge Base, Tickets and their attachments, Reports and any other content. Deleting content frees the corresponding Storage Volume.

“Subscription”: access to the Service subscribed by the Customer for a given Offer and Commitment Period.

“Team”: the organisational scope of the Customer for whose benefit a Subscription is taken out and which groups the Users of that Subscription.

“Third-Party Channel”: any communication channel integrated into the Service whose message routing relies on services provided by third parties with which UBIKIO contracts, in particular Meta Platforms for WhatsApp and the technical providers selected by UBIKIO for the routing of emails, SMS and WhatsApp messages.

“Ticket”: any request recorded in the Service and tracked therein. A Ticket is deemed handled by Askia Client once Askia Client has produced at least one response to the Requester within that Ticket.

“User”: any natural person authorised by the Customer to use the Service within a Team, whether an employee of the Customer or a third party authorised by it (distributor, subcontractor, partner).

“Video Assistance”: the interactive video communication feature of the Service. Usage is counted in minutes, any minute commenced being deemed consumed. The count covers a session between two participants, from the establishment of the communication to its close; the presence of any participant beyond the second is counted in addition, for the duration of that participant’s own connection.

Article 3. Contractual documents

The relationship between UBIKIO and the Customer is governed by the following documents, listed in decreasing order of legal precedence:

  • the Quote, where applicable;
  • these GTCS;
  • the GTU, including the data protection agreement annexed thereto, which prevails over all contractual documents for any matter relating to the protection of personal data.

In the event of a conflict between one or more provisions of any of these documents, the provisions of the higher-ranking document shall prevail.

UBIKIO’s commercial, promotional and informational materials, whatever their medium or form, have no contractual value, unless their content is expressly incorporated into one of the above documents.

Article 4. Access to the Service

4.1 Subscription

The Subscription is taken out per Team, for a given Offer, by means of a Quote. Unless otherwise stipulated in the Quote, the number of Users within a Team is not limited.

A Subscription is attached to a single Team. The use of the same Subscription for the benefit of several distinct legal entities or of several autonomously organised departments of the Customer requires an additional Subscription or Extension. UBIKIO reserves the right to propose to the Customer the regularisation of its situation in the event of use not compliant with this article.

The Subscription includes the Included Volumes and the Askia Hotliner usage coefficient set out in the Offer Description.

4.2 Credits

UBIKIO may offer access to all or part of the Service through the acquisition of Credits, online or under a Quote. Credits are consumed in accordance with the scale in force on the date of their acquisition. They have no expiry date, provided that a User of the relevant Team logs into the Service at least once a year. Acquired Credits are neither refundable nor exchangeable.

UBIKIO may cease to market Credits at any time, without effect on previously acquired Credits, which remain usable under the conditions of this article.

4.3 Extensions and options

The Customer may subscribe to Extensions at any time, under a Quote or online. Extensions are invoiced in accordance with the conditions of the Quote and follow the Commitment Period of the Subscription to which they relate, unless otherwise stipulated.

Article 5. Entry into force, duration and renewal

5.1 Entry into force

The GTCS enter into force, as the case may be, upon signature of the Quote or upon the acquisition of Credits by the Customer.

5.2 Duration

The Subscription is entered into for the Commitment Period set by the Quote. Unless otherwise stipulated in the Quote, the Subscription ends automatically at the end of the Commitment Period, without renewal.

5.3 Tacit renewal

Where the Quote expressly so stipulates, the Subscription is tacitly renewed, at the end of the Commitment Period, for successive periods of identical duration or of the different duration stipulated in the Quote, unless terminated by either Party by registered letter with acknowledgement of receipt or by email with acknowledgement of receipt at least two (2) months before the expiry of the current period where that period is at least annual, or at least thirty (30) days before expiry where that period is shorter than one year.

The price of the renewed Subscription is revised in accordance with Article 10.2. The version of the GTCS in force on the renewal date applies to the renewed period, provided it has been communicated to the Customer at least two (2) months before expiry or, for renewals by periods shorter than one year, at least thirty (30) days before expiry.

5.4 Early termination

Neither Party may terminate the Subscription before the end of the Commitment Period, except in the event of a serious breach by the other Party of its obligations not remedied within thirty (30) days of formal notice served by registered letter with acknowledgement of receipt.

In the event of termination attributable to the Customer, all sums remaining due for the Commitment Period become immediately payable, without prejudice to any damages.

Article 6. Included Volumes and use of Askia Hotliner

6.1 Included Volumes

Included Volumes are expressed for the period indicated in the Offer Description. Volumes not consumed at the end of that period cannot be carried over, refunded or converted.

6.2 Askia Hotliner Reference Usage Capacity

Each Offer gives access to Askia Hotliner up to a multiplier of the Reference Usage Capacity, indicated in the Offer Description.

The Reference Usage Capacity corresponds to the volume of Askia Hotliner requests that a Team makes in the course of normal professional support use for the base Offer. The consumption of this capacity by a request depends on its nature, in particular the length of the exchanges, the documents and context involved, and the features called upon. UBIKIO may adjust the measurement parameters of the Reference Usage Capacity, subject to Article 8.

Unless otherwise stipulated in the Quote, the Reference Usage Capacity is set at five hundred (500) standard requests of Askia Hotliner per month and per Team. A standard request means one request from a User and the corresponding response, excluding the processing of large documents or extended contexts.

UBIKIO makes available to the Customer, within the Service, an indicator of the consumption of Askia Hotliner capacity. The data of this indicator, as well as data relating to the consumption of the Included Volumes, are authoritative between the Parties, unless proven otherwise.

6.3 Exhaustion of Included Volumes and capacity

The Team’s administrators are notified when the consumption of an Included Volume or of the Askia Hotliner capacity reaches 75%, then 90%. No additional invoicing is applied automatically, whatever the level of consumption recorded.

Where an Included Volume or the Askia Hotliner capacity of the Offer is exhausted, the corresponding feature is no longer available until the end of the reference period or until an Extension or higher Offer is subscribed. The other features of the Service remain accessible.

Any increase in the Included Volumes or in the capacity is subject to an agreement between the Parties, through the subscription of an Extension or of a higher Offer. In the event of recurring exhaustion, the Parties agree on an adjustment of the Offer, taking effect on the agreed date or, failing agreement, upon the next renewal or subscription.

6.4 Compliant use of the AI assistants

Askia Hotliner and Askia Client are intended for the Customer’s technical support and customer service activity. The rules governing the use of the AI assistants, including prohibited behaviours such as general-purpose use unrelated to that activity, automated requests, mass extraction of generated content and circumvention of consumption measurement mechanisms, are set out in the GTU. The Customer vouches for compliance with those rules by its Users.

In the event of non-compliant use, UBIKIO informs the Customer and, failing cessation within fifteen (15) days, may restrict the feature concerned, without prejudice to Article 13.

6.5 Storage, Knowledge Base and imports

The Quote may set, in gigabytes, a maximum Storage Volume for the Team, a maximum size of the Knowledge Base and a maximum Import Volume. Unless otherwise stipulated, the maximum Import Volume is equal to the maximum size of the Knowledge Base and is assessed per subscription year.

Reaching the maximum size of the Knowledge Base or the maximum Import Volume blocks any new import into the Knowledge Base; reaching the maximum Storage Volume blocks any new deposit of content. The block ends, as the case may be, upon the freeing of space, at the end of the reference period, or upon the subscription of an Extension or of a higher Offer. Content already hosted and the other features of the Service remain accessible, and Article 6.3 applies. UBIKIO may regulate the import processing queue, in particular through prioritisation, smoothing or queuing, where the volume or pace of imports exceeds the processing capacity allocated to the Offer.

Imports may be subject to technical limits, in particular as to format, unit size or structure for certain file types such as spreadsheets, specified in the Quote or in the documentation accessible from the Service; non-compliant files may be rejected upon import.

Article 7. Third-Party Channels and Reasonable Use

7.1 Third-Party Channels and Customer prerequisites

The Service enables the Customer to communicate with Requesters by email, SMS, WhatsApp and web chat. With the exception of web chat, message routing relies on services provided by third parties with which UBIKIO contracts, in particular Meta Platforms for WhatsApp and the technical routing providers selected by UBIKIO. UBIKIO integrates and operates these services within the Service. The Customer acknowledges that their availability, features, terms of use and pricing conditions fall within the remit of these third parties and that UBIKIO cannot guarantee their continuation.

The activation of certain channels requires prerequisites falling within the Customer’s remit:

  • for email, where it is operated from the Customer’s domain: the forwarding of messages from the Customer’s mailbox dedicated to support or after-sales service to the Service, and the configuration, on the Customer’s domain name, of the DNS records communicated by UBIKIO;
  • for WhatsApp: the creation by the Customer, with UBIKIO’s assistance, of a WhatsApp Business account of which the Customer is the holder and remains responsible, and its association with the routing services operated by UBIKIO.

The Customer remains responsible for the proper functioning of its mailbox, its domain name and its DNS records, as well as for compliance with the terms of use and policies applicable to the accounts it holds, in particular Meta Platforms’ policies relating to WhatsApp Business. The Customer collects from Requesters the consents and authorisations required for the use of each channel. UBIKIO cannot be held liable for any malfunction attributable to these prerequisites.

The Customer is informed that the operators of Third-Party Channels may restrict, suspend or interrupt access to a channel, in particular upon detection of fraudulent or unlawful use or of use contrary to their policies, without UBIKIO’s liability being incurred in this respect.

7.2 Reasonable Use

Unless otherwise stipulated in the Quote, exchanges carried out through WhatsApp are included in the Subscription within the limits of Reasonable Use.

Reasonable Use means use consistent with the Customer’s technical support and customer service activity and proportionate to the Included Volumes of its Offer. Reasonable Use includes, in particular, contact initiated by a User with a Requester, including on the User’s own initiative, where it relates to the opening or handling of a Ticket.

7.3 Excluded uses

The following do not constitute Reasonable Use:

  • messages sent without connection to a support or customer service request, in particular campaigns, prospecting, promotional communications and mass notifications;
  • the use of the channel for exchanges unrelated to the purpose of the Service;
  • messages whose content breaches the GTU or Article 16;
  • any device or practice intended to generate messages or conversations artificially;
  • an outbound message volume manifestly disproportionate to the number of Tickets handled by the Customer.

7.4 Procedure in the event of excess

Where UBIKIO identifies use exceeding Reasonable Use, it informs the Customer. The Parties discuss, within thirty (30) days of that information, the appropriate measures, such as adjusting the configuration of the Service, subscribing to an Extension or moving to a higher Offer.

Failing agreement at the end of that period, UBIKIO may, after further information to the Customer, invoice at the actual cost it bears the messages exceeding Reasonable Use, or restrict the features causing the excess. Use falling within Article 7.3 and persisting after information may also give rise to suspension under Article 13.

7.5 Changes in the conditions of Third-Party Channels

The cost of Third-Party Channels is included in the price of the Subscription for the current Commitment Period, on the basis of the third parties’ pricing and technical conditions known at the date of the Quote or order.

In the event of a significant change in those conditions liable to alter the economics of the Offer, UBIKIO informs the Customer. The Parties confer in good faith to draw the consequences, and the price of the Subscription is revised, upon the next renewal or subscription, to reflect that change. The Parties expressly agree that the provisions of Article 1195 of the French Civil Code remain applicable.

In the event of the cessation, interruption or substantial modification of a Third-Party Channel, UBIKIO may suspend the integration of that channel or replace it with a channel with equivalent features, without its liability being incurred in this respect.

Article 8. Changes to the Service and to the Offers

8.1 Changes

UBIKIO freely develops the Service, its features and its Offers. Changes to the Offers apply to subscriptions and renewals subsequent to their entry into force.

During the current Commitment Period, UBIKIO does not substantially reduce the service level, the Included Volumes or the usage coefficient of the Offer subscribed by the Customer, subject to Articles 7.5 and 18.

8.2 Alpha and Beta features

Certain features may be offered for trial in “Alpha” or “Beta” versions, under the conditions set out in the GTU. The Customer acknowledges that these features are provided without any guarantee of availability or of safeguarding of the data generated or transmitted through them, and that UBIKIO’s liability cannot be incurred in the event of loss or alteration of such data.

Article 9. Prices, invoicing and payment

9.1 Prices

The price of the Service corresponds to the price of the Offer, Credits or Extensions set out in the Quote. Credits acquired online are invoiced at the scale displayed on the date of the order. Prices are expressed in euros and exclusive of taxes, unless otherwise stipulated in the Quote; applicable duties and taxes are borne by the Customer.

9.2 Invoicing

The Subscription is invoiced upon subscription for the Commitment Period, at the frequency provided for in the Quote: annually in advance or monthly on the anniversary date of the subscription. Credits and Extensions are invoiced upon order. Invoices are issued in electronic form.

9.3 Payment methods

Invoices are payable by bank transfer, SEPA direct debit or bank card, according to the method selected in the Quote or at the time of the online order. Invoices paid by bank transfer are payable upon receipt. Invoices paid by direct debit or bank card are debited on their due date.

9.4 Recurring payment by SEPA direct debit or bank card

Where the Customer opts for payment by SEPA direct debit or bank card, it authorises UBIKIO, through its payment services provider, to debit from the registered payment method the sums due in respect of the Subscription, Extensions and, where applicable, sums invoiced pursuant to Articles 7.4 and 12, on the scheduled due dates. This authorisation is embodied in the direct debit mandate or payment authorisation collected at the time of subscription and remains valid throughout the duration of the Subscription and its renewals.

The Customer is informed of the amount and date of each debit by the corresponding invoice, sent prior to the due date.

The Customer undertakes to maintain a valid and sufficiently funded payment method throughout the duration of the Subscription and to update it before expiry. In the event of a failed debit, UBIKIO may re-present it, and the provisions of Article 12 apply. Payment method data is collected and stored exclusively by UBIKIO’s payment services provider.

Article 10. Price revision

10.1 New subscriptions

UBIKIO may change its prices at any time. New prices apply to Quotes issued and orders placed as from their entry into force. They have no effect on the price of the Subscription during the current Commitment Period.

10.2 Annual revision in the event of tacit renewal

Where the Subscription is tacitly renewed pursuant to Article 5.3, its price is revised as of right at each renewal by application of the following formula:

P1 = P0 × (S1 / S0)

where P0 is the price of the expired period, P1 the price of the renewed period, S0 the last Syntec index published at the date of signature of the Quote or of the previous revision, and S1 the last Syntec index published at the renewal date.

The revision applies automatically, without formality, and is stated on the first invoice of the renewed period. Should the Syntec index cease to exist, the Parties shall substitute the published replacement index or, failing that, an index reflecting changes in the cost of IT services chosen by mutual agreement.

In the event of renewal by periods shorter than one year, the revision applies once a year, on the anniversary date of the first renewal. UBIKIO communicates to the Customer, upon request and at the latest with the first revised invoice, the index used and the details of the calculation; an estimate based on the last published index may be attached to the communication provided for in Article 5.3, without this information constituting a condition of the revision.

10.3 Changes in the conditions of Third-Party Channels

The price of the Subscription may also be revised under the conditions of Article 7.5.

Article 11. Invoice disputes

In the event of disagreement over part of an invoice, the Customer shall pay the undisputed part without delay. Any dispute must be reasoned, supported by documented evidence and sent to UBIKIO within fifteen (15) days of receipt of the invoice. Failing this, the invoice is deemed accepted.

In the case of periodic invoicing, the issuance of a new invoice extinguishes the Customer’s right to dispute the previous invoice.

No set-off between sums owed by the Customer and sums that may be owed by UBIKIO may be made without the latter’s prior written consent.

Article 12. Late payment

Any late payment may result in the immediate suspension of the Service, without notice or compensation, until the situation is fully remedied.

Any delay gives rise, as of right and without prior formal notice, to a late-payment penalty at a rate equal to three times the French statutory interest rate, plus the fixed recovery indemnity of forty (40) euros provided for in Article L441-10 of the French Commercial Code. Fees relating to any rejected direct debit or payment amount to twenty (20) euros per rejection. These penalties run from the day following the due date stated on the invoice and are included in the next invoice.

Failing regularisation, UBIKIO reserves the right to take any action necessary to protect its interests, all costs incurred being borne by the Customer. Failure to pay any instalment also renders immediately payable all sums due in respect of the Commitment Period.

Article 13. Suspension of the Service

UBIKIO reserves the right to suspend all or part of the Service and the accounts of the Users of the Team concerned, without compensation of any kind and whatever the economic stakes for the Customer, in the following cases:

  • failure to pay a sum due, under the conditions of Article 12;
  • breach by the Customer or its Users of the GTCS or the GTU, not remedied within eight (8) days of notification by email, or immediately where the breach affects the security or integrity of the Service, of data or of third parties, or is unlawful in nature;
  • non-compliant use of the assistants or use exceeding Reasonable Use, persisting after the procedures provided for in Articles 6.4 and 7.4;
  • absence of any connection to the Service for a period of twelve (12) months, for access through Credits.

Suspension does not release the Customer from its obligation to pay the sums due in respect of the Commitment Period.

Article 14. Intellectual property

UBIKIO is the exclusive owner of the intellectual property rights in the Service and its content (in particular software, algorithms, interfaces, logos, domain names, designs, texts, sounds, models, databases and graphic charter), as well as in its methods and know-how. The contractual relationship does not in any way constitute an assignment or transfer of these rights.

The Customer is granted only a licence to use the Service, non-exclusive, non-transferable and worldwide, for the duration of the Subscription or of the validity of the Credits, for strictly professional purposes and within the scope of its activities. The Customer shall not, without UBIKIO’s prior written authorisation, translate, communicate, market, sub-license or assign, free of charge or for consideration, the Service in whole or in part to any third party, including within its group. Any unauthorised act constitutes a breach of contract and an infringement punishable under Articles L335-2 et seq. and L713-2 et seq. of the French Intellectual Property Code.

The Customer remains the owner of all rights in the data, documents, content and Knowledge Base it integrates into the Service. UBIKIO is authorised to use aggregated and anonymised usage data, which does not allow the identification of the Customer or of its Requesters, for the purpose of improving the Service.

Notwithstanding the foregoing, the Customer authorises UBIKIO to use its logos and trade names for marketing and communication purposes, in particular on its website, for the presentation of its references. The Customer may withdraw this authorisation at any time by simple notification.

Article 15. AI-generated content

15.1 Nature of generated content

Askia Client, Askia Hotliner and the automatic generation features of the Service rely on probabilistic artificial intelligence models. Generated content may contain inaccuracies, omissions or approximations. It constitutes an aid to decision-making and processing, and not technical advice binding UBIKIO.

The Customer is responsible for the constitution, accuracy and updating of the knowledge base made available to the assistants, as well as for the configuration of escalation rules and confidence thresholds. It is the Customer’s responsibility to verify generated content before any use liable to engage its liability, in particular as regards the safety of persons and property or contractual commitments towards Requesters.

15.2 Transparency

The Service informs Requesters that they are interacting with an artificial intelligence system, in accordance with the transparency obligations set out in Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence. The Customer shall not deactivate, mask or alter this information and shall incorporate it into its own information provided to Requesters.

15.3 Model providers

UBIKIO uses artificial intelligence model providers, identified as sub-processors in the data protection agreement annexed to the GTU. UBIKIO may change provider or model at any time, without substantial degradation of the service level. The Customer’s data is not used to train these providers’ models.

Article 16. Customer’s liability

The Customer is solely responsible for its use of the Service and for the content it integrates into it. It undertakes not to use the Service for unlawful purposes, purposes contrary to public policy or morality, or with a view to committing any offence.

The Customer is responsible for compliance with the GTCS and the GTU by its Users. It warrants that it holds the rights and authorisations necessary in respect of the content, data and knowledge bases it integrates into the Service, as well as the consents required to communicate with Requesters through the channels used.

UBIKIO’s liability cannot be incurred by reason of breaches by the Customer or its Users of their own obligations.

Article 17. UBIKIO’s liability

UBIKIO uses its best efforts to maintain the availability, continuity and quality of the Service, in accordance with prevailing professional standards and best practices, on its own servers or through a professional hosting provider operating at the state of the art. Owing to the nature of the internet, such availability cannot be guaranteed. Access to the Service may occasionally be suspended or limited to allow repairs, maintenance or the addition of new features; UBIKIO endeavours to limit their frequency and duration.

UBIKIO is not liable for delays or for the Customer’s inability to meet its obligations towards its own customers where these result from a cause beyond its reasonable control, nor for slowness or malfunctions attributable to the networks, infrastructure or equipment of the Customer or of the Third-Party Channels.

UBIKIO is bound by an obligation of means. Its liability may only be incurred in the event of proven fault and applies only to direct and foreseeable damage, to the exclusion of any indirect damage. Indirect damage includes, in particular, loss of data, time, profits, revenue, margins, orders, customers, business, or income, damage to image, expected results, any commercial disturbance and any third-party action against the Customer.

In any event, UBIKIO’s total liability, all causes combined, is limited to the amount exclusive of taxes actually paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to liability.

Article 18. Force majeure

Any event of force majeure within the meaning of Article 1218 of the French Civil Code immediately and as of right suspends the performance of the Service. If the impediment continues beyond two (2) months, UBIKIO reserves the right to suspend or terminate the Service without notice or compensation.

Force majeure includes, in particular, events beyond UBIKIO’s control which could not reasonably have been foreseen when the Service was made available and whose effects cannot be avoided by appropriate measures, including the interruption of telecommunications networks, the failure of hosting providers or of Third-Party Channels, and legal or regulatory restrictions.

Article 19. Personal data

The Parties undertake to comply with the applicable regulations on the protection of personal data. The conditions under which UBIKIO processes personal data on behalf of the Customer, as processor, are set out in the data protection agreement annexed to the GTU, which prevails over the GTCS for any matter falling within those regulations.

Article 20. General provisions

20.1 Amendment of the GTCS

UBIKIO may amend the GTCS at any time. The version applicable to a Subscription is the version in force on the date of signature of the Quote or of the order. Amended GTCS apply to subscriptions and orders subsequent to their entry into force and, under the conditions of Article 5.3, to tacit renewals.

20.2 Evidence agreement

UBIKIO archives communications, contracts, Quotes, orders and invoices on a reliable and durable medium. These elements, as well as the connection data and consumption indicators recorded by the Service, may be produced as evidence and are authoritative between the Parties, unless proven otherwise.

20.3 Language

The GTCS are drawn up in French. This English version is provided for convenience only; in the event of any discrepancy or difficulty of interpretation, only the French version shall prevail.

20.4 Severability and waiver

The nullity of any clause of the GTCS does not entail the nullity of the other clauses, which continue to produce their effects. The fact that a Party does not avail itself, temporarily or permanently, of any clause of the GTCS does not constitute a waiver of the right to avail itself thereof.

20.5 Governing law and jurisdiction

The GTCS are governed by French law. Any dispute relating to their formation, interpretation or performance shall, failing amicable resolution, be subject to the exclusive jurisdiction of the Lyon Commercial Court (Tribunal de commerce de Lyon), notwithstanding multiple defendants or third-party proceedings.