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Terms & Conditions 2025

General Terms and Conditions

The “société par actions simplifiée” SCOPEO with a capital of €2,000, whose registered office is at 59 rue Ponthieu, Bureau 326 75008 PARIS, registered with the Paris RCS under number 891 180 234, represented herein by its President Mr. Marc Sanselme (hereinafter referred to as “Scopeo”) offers software solutions.

Definitions

Client: refers to the legal entity contracting with Scopeo, represented by any natural person authorized for the purposes of accepting these terms, indicated in the Special Conditions.

General Conditions: refer to these general conditions and their annexes, excluding the Special Conditions.

Special Conditions: refer to the special conditions presented at the beginning of the Contract.

Contract: refers to the General Conditions, their annexes and the Special Conditions as well as their possible amendments.

Correct or Correction: refers to modifications made by Scopeo in the Product following Incidents detected either by the Client or by Scopeo and provided that this Incident is handled within the framework of the Support service.

Specific Developments: refer to computer developments possibly added to the Product within the framework of Customization Services.

Documentation: refers to the description of specifications and instructions for use, printed or on machine-readable media, including where applicable, online documentation, concerning the Product or any of its components.

Incidents: refer to non-conformity of the Product compared to its Documentation or its specifications defined in the Special Conditions manifesting itself by malfunction, incompatibility, incident, breakdown or blockage, excluding configuration, preventing normal use of all or part of the Product.

Confidential Information: refers to any information disclosed by one Party, its employees, subcontractors and advisors, (the “Disclosing Party”) to the other Party, its employees, subcontractors and advisors (the “Recipient”) related to the Contract.

Price: refers to the amount excluding tax determined in the Special Conditions that the Client undertakes to pay to Scopeo in return for the use of the Product and Services.

Product: refers to the software developed by Scopeo made available to the Client and designated in the Special Conditions.

Services: refer to Integration Services and Customization Services.

Support: refers to maintaining the Product in operational condition by Correcting Product Incidents in accordance with Article 4 of the General Conditions.

Users: refer to natural persons, employees and collaborators of the Client, users of the Product under its responsibility.

Product Usage Rights and Specific Developments

Scopeo grants to the Client, who accepts it, for the duration of the Contract and its possible renewals, a worldwide, non-exclusive and non-transferable right of use on the Product, and where applicable on the Specific Developments, subject to payment of the Price and compliance with the Contract and Documentation (the “Right of Use”).

The Client guarantees and is responsible for compliance by Users with the Contract and Documentation. The service level of the Product is described in Annex 1.

Restrictions on the Right of Use

The Client is authorized to use the Product and Specific Developments only within the framework of the Right of Use. The Client must obtain prior written authorization from Scopeo before using the Product and Specific Developments for any purposes not expressly authorized under the Right of Use.

These restrictions on the Right of Use include notably the prohibition for the Client to:

  • pledge, encumber, share, rent, sell, disclose connection identifiers, or make available in any other way the Product and Specific Developments to any third party who is not a User
  • proceed with reverse engineering, disassemble, decompile or attempt to discover the source code of the Product and Specific Developments
  • copy, reproduce, manufacture, imitate, create derivative works, translate, localize, port or otherwise modify the source code and/or database structure of the Product and Specific Developments

The Client prohibits itself, both on its own behalf and that of Users, from generating any content, via the Product that is:

  • offensive, defamatory or racist
  • contrary to good morals
  • violent
  • constituting an apology for crimes against humanity, denial of genocides, incitement to violence, racial hatred or child pornography
  • likely to harm minors in any way whatsoever
  • violating third-party intellectual property rights

Product and Specific Developments Ownership

The Product and Specific Developments are works of the mind within the meaning of the law. As such, Scopeo, in its capacity as holder of copyright on the Product and Specific Developments, is invested with moral and patrimonial rights.

Between the Parties, Scopeo holds and retains all intellectual and/or industrial property rights and titles relating to the Product and Specific Developments. The Client does not acquire any right or title of any nature whatsoever on the Product and Specific Developments, except for the Right of Use.

Product and Specific Developments Warranties

Scopeo guarantees to the Client that in the event it is prosecuted by third parties on the basis of a violation allegedly attributable to the Product or Specific Developments of intellectual property rights in France, Scopeo will defend the Client against these claims and assume the financial consequences of a final judicial decision.

Data Usage Rights

If the Product’s functionalities allow it, the Client may transmit to Scopeo all documents, information, data, prompts (understood as all interaction data with the Product emanating from the User) (the “Data”) for the purposes of feeding the Product, maintaining it and improving it.

Where applicable, the Client grants Scopeo a right to use the Data strictly limited to the use of the Product by the Client, its maintenance and continuous improvement, for the duration of copyright in France and the territory of the entire world.

The Client guarantees to Scopeo that the Data does not constitute a violation of intellectual property rights or any other rights belonging to a third party.

Output Ownership

The Parties acknowledge that all intellectual property rights on the results generated by the Client through the use of the Product, in the form of texts, photographs, designs or drawings (the “Outputs”) belong to the Client.

The Client grants Scopeo a right to use the Outputs strictly limited to the maintenance of the Product and its continuous improvement, for the duration of copyright in France and the territory of the entire world.

Services Execution

Scopeo will use its best efforts to execute the Services within the framework of an obligation of means. The Client makes available to Scopeo, in due time and at the Client’s expense, the technical data, computer installations, files, documentation or any other information, instruction or resource that Scopeo will need for the execution of the Services.

Support and Maintenance

Scopeo makes available to the Client a Support service, reachable by email to the Scopeo project manager, available on working days and hours, Monday to Friday, from 8:30 AM to 7:00 PM (Paris timezone) excluding public holidays in France.

The Support service level is shown in Annex 1. In case of incident, our technical team undertakes to respond within a maximum period of 24 working hours from its notification.

Client Obligations

The Client undertakes to use the Product in accordance with the legal provisions in force and these terms. The Client will ensure that no person other than authorized Users has access to the Product.

The Client assumes all risks related to the use of the Product. The Client undertakes to provide its staff with the training necessary for correct use and operation of the Product.

Financial Conditions

The Price is determined according to the terms provided in the Special Conditions. Any invoice issued by Scopeo must be paid within fifteen (15) calendar days from its issue date.

Payment of the Price is ensured by SEPA direct debit. In the absence of payment at the stipulated deadline, a late payment penalty will be due to Scopeo in accordance with article L.441-10 of the Commercial Code.

Liability Limitation

It is expressly agreed between the Parties that Scopeo undertakes an obligation of means. Scopeo’s access to the Product being through the Internet, Scopeo’s liability cannot under any circumstances be engaged in case of default or malfunction linked to the transport of information to or from Scopeo’s hosting center.

Scopeo cannot be held responsible for indirect damages or damages not resulting directly and exclusively from a Product failure. Consequently, Scopeo cannot under any circumstances incur liability for indirect or unforeseeable losses or damages.

Force Majeure

No Party will be considered as having failed in its contractual obligations when the performance of its obligations has been prevented by a case of force majeure, as defined by article 1218 of the Civil Code.

Contract Duration

The Contract will enter into force upon signature of the General Conditions and Special Conditions by both Parties. The Contract is concluded for a determined period in the Special Conditions from its entry into force and is tacitly renewable for an identical duration.

Termination and Modification

A Party may unilaterally terminate the Contract for fault in the case where the other Party has not remedied a breach of one of its contractual obligations within thirty (30) days of notification of the breach.

Personal Data

The Parties undertake to process personal data in accordance with Annex 2, ensuring compliance with applicable legislation on personal data protection, in accordance with regulation (EU) 2016/679 and law n°78-17 of January 6, 1978.

Confidentiality

The Recipient must treat as confidential all Confidential Information communicated to it by the Disclosing Party, must not use this Confidential Information except under the conditions expressly authorized by the Contract.

The Parties undertake to respect this Article for a period of 5 years following the expiration or termination of the Contract.

Applicable Law and Competent Jurisdiction

The Contract is governed by French law. In case of dispute relating to the Contract, the Parties will endeavor to find an amicable solution prior to any procedure.

In the absence of amicable settlement, jurisdiction is expressly attributed to the commercial court of Paris notwithstanding plurality of defendants or third-party proceedings.

Annex 1 – Service Level Commitments

Product Availability

Scopeo sizes its hosting infrastructures, hardware and systems to deliver the Product under the best security and accessibility conditions. Scopeo undertakes, within the framework of an obligation of means, to operational availability of the Product 365 days/year, 7 days/7 and 24 hours/24, excluding Product maintenance and evolution operations.

Scopeo ensures, within the framework of an obligation of means, an annual Product availability rate higher than 99.7%. The calculation of the availability rate excludes (the “Exclusions”):

  • any malfunction related to the Client’s environment or means of access (Internet network in particular)
  • any breach by the Client of the Product security or usage rules as described herein
  • Major Incidents and Minor Incidents
  • planned Product shutdowns for maintenance operations, as described in article 4
  • planned shutdowns in case of exceeding the Product usage limit as specified above

The availability rate is calculated as follows: Annual Availability Rate = (Maximum Available Minutes - Unavailable Time) / Maximum Available Minutes * 100

  • Annual Availability Rate corresponds to the total number of Maximum Available Minutes minus Unavailable Time divided by the number of Maximum Available Minutes for one (1) year
  • Maximum Available Minutes refers to the number of cumulative minutes during which the Product was deployed over one (1) year
  • Unavailable Time refers to the number of Maximum Available Minutes during which the Product was unavailable, excluding Exclusions

Scopeo cannot guarantee that the Product is exempt from any design or usage defects, but undertakes to attempt to remedy Incidents with the diligence of a professional in the sector.

Support

In case of incident, our technical team undertakes to respond within a maximum period of 24 working hours from its notification. The deadlines begin to run from the moment Scopeo acknowledges receipt in writing of taking the Incident into account.

For critical needs, a priority assistance offer is available, with accelerated response times and personalized follow-up.

Annex 2 – Personal Data Processing

The parties ensure compliance with applicable legislation on personal data protection, in accordance with regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data and law n°78-17 of January 6, 1978 relating to computers, files and freedoms (the “Personal Data Legislation”).

For the purposes hereof, the terms “data controller”, “processor”, “processing”, “process”, “data subjects” and “personal data” have the same definition as in the Personal Data Legislation.

Processing Responsibility

Within the framework hereof, it is expressly agreed that:

  • the Client is the data controller within the meaning of the Personal Data Legislation (the “Data Controller”)
  • Scopeo is the Processor within the meaning of the Personal Data Legislation (the “Processor”)

Compliance with Personal Data Legislation

Each of the Parties must comply with the Personal Data Legislation. In particular, the Data Controller must obtain and maintain any regulatory authorization, notification and/or declaration necessary under the Personal Data Legislation.

Data Controller Obligations

The Data Controller guarantees that:

  • all personal data provided by the Data Controller for use in relation to the Contract complies with the Personal Data Legislation, particularly regarding their collection, storage and processing
  • all instructions it gives to the Processor in connection with personal data comply with the Personal Data Legislation
  • the personal data processing operations by the Processor are suitable for the purposes for which it intends to use the services covered by the Contract
  • it is satisfied with the degree of expertise, reliability and resources of the Processor aimed at implementing technical and organizational measures in accordance with the Personal Data Legislation

Instructions to the Processor

The Processor processes personal data on behalf of the Data Controller. Consequently, the Processor:

  • must process personal data only on and in accordance with documented instructions from the Data Controller, which may be updated at any time and these terms constituting such instruction (the “Processing Instructions”)
  • must inform the Data Controller of any legal obligation imposed by the Personal Data Legislation requiring it to process personal data in a manner other than in accordance with Processing Instructions
  • must inform the Data Controller if, in its opinion, a Processing Instruction contravenes the Personal Data Legislation

Processing Details

The processing of personal data accomplished by the Processor is detailed below:

  • Purpose of personal data processing: execution of the Contract
  • Duration of personal data processing: duration of the Contract + duration of civil prescription (5 years)
  • Nature of personal data processing: entry, hosting, transfer
  • Type of personal data: identification data, contact details
  • Category of data subjects: clients, contacts and personnel of the Client

Technical and Organizational Measures

The Processor, in accordance with the Personal Data Legislation, provides sufficient guarantees to implement appropriate technical and organizational measures concerning the processing of personal data covered by these terms so that the processing meets the requirements of the Personal Data Legislation and ensures the protection of the rights of data subjects.

Subsequent Processors

The Processor may use another processor (the “Subsequent Processor”) to carry out specific processing activities. In this case, it informs the Data Controller in advance and in writing of any envisaged change concerning the addition or replacement of Subsequent Processors.

The Data Controller already authorizes the Processor to use as Subsequent Processors:

  • OVH, SAS with capital of €10,069,020 whose registered office is at 2 rue Kellermann - 59100 Roubaix
  • Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg
  • Google Ireland Limited, Gordon House, Barrow Street, Dublin, Ireland
  • OpenAI
  • Mistral AI
  • Anthropic
  • Cohere
  • Microsoft

Data Subject Rights

The Processor will endeavor to record and forward to the Data Controller all Data Subject Requests it receives within three working days following receipt of said request.

When the number of Data Subject Requests submitted exceeds 5 per month, the Data Controller must pay the Processor’s fees at rates to be defined between the Parties for recording and forwarding Data Subject Requests.

International Data Transfers

The Processor undertakes to process all personal data exclusively on the territory of the European Union (EU), the territory of a European Economic Area (EEA) country or a country recognized as adequate by the European Commission.

The Processor undertakes not to disclose or transfer personal data to a data controller or processor located in a non-EU member country, non-EEA member or not recognized as adequate by the EU.

Breach Notification

In case of personal data breach related to the services covered by the Contract involving the Processor, the Processor must inform the Data Controller without delay as soon as it becomes aware of it and provide details of the breach.

Deletion or Return of Personal Data

The Processor must, at the written request of the Data Controller, either delete or return the personal data covered by the Contract to the Data Controller in paper or electronic copy within a reasonable time after the end of the services covered by the Contract related to processing, and delete existing copies (unless storage of the data is required by applicable law).

Security Measures

Infrastructure Security: Server security is ensured by Scopeo’s cloud providers, named above in the list of Subsequent Processors. Computer access to the server is protected both by access control measures implemented by Subsequent Processors, but also by authentication methods.

User Authentication Security: Each Scopeo employee has a unique login identifier, namely their Google Workspace email address on Scopeo’s Google domain. This email address, associated with a password, allows them to access Google Workspace and applications whose authentication relies on Google’s Single Sign On.

API Key Encryption and Key Management: Product API keys are encrypted. In accordance with cryptographic best practices, Scopeo prohibits extensive reuse of encryption keys and regularly performs key rotation to generate new cryptographic materials.

Organizational Measures: Scopeo raises awareness among its employees about computer security via the use of the Dashlane password manager, the use of strong passwords, and regular testing of employees for phishing risks.