NALIA GENERAL TERMS OF SERVICE

Ref. 20123712

THE FOLLOWING HAS BEEN STATED :

EIFFO ANALYTICS has developed a software solution to provide a predictive health capable of identifying up-stream the risks of churn or the up-sell opportunities, hereinafter the Nalia Service.

The Client declared itself interested in using the Nalia Service alongside its professional activity and accepted to this end the special conditions proposed by EIFFO ANALYTICS, hereinafter the Special Conditions.

The Client is interested to have the Nalia Service available for its own and internal needs. It is in these conditions that the Parties have agreed on this Contract.

The Client declares that the information communicated in the Special Conditions is exact and real and commits to put any modification regarding these in writing to EIFFO ANALYTICS. The Contract can be modified in any of the documents it consists of by EIFFO ANALYTICS to consider developments of the services offered in the setting of this Contract, on a legal, economical and/or technical plan but without challenging the fundamental economy of the Contract.

The Contract thus edited will be enforceable by right to the Client after notification by any means, notably by e-mail to the Client, without any formalities and eight days after the date of said notification. The Contract receives priority over every statement of EIFFO ANALYTICS on any commercial medium (brochures, website etc.) in case of divergences of interpretation.

AND HAS BEEN AGREED WHAT FOLLOWS :

Article 1 – Subject

In this, EIFFO ANALYTICS concedes to the Client a non-exclusive right, for its own and internal needs exclusively and excluding any other utilization or exploitation, to use the Nalia Service.

Article 2 – Hierarchization of documents

The Contract is formed in a decreasing order of importance (i) of the Special Conditions, (ii) of these General Terms of Service, (iii) of the, hereinafter together the Contract. In the case of contradiction between two document positions forming the Contract, the position of the document of upper rank prevails over the position of the document of lower rank.

Article 3 – Duration

The Contract comes into effect at the date of the signature appearing in the Special Conditions and for a specified duration in these Conditions, hereinafter the initial duration. It will then be tacitly renewed, by right and automatically, for a duration identical to the initial Duration, except where otherwise provided in the Special Conditions, or denunciation by one or the other of the parties by registered letter with acknowledgement addressed to the other party, at least three (3) months before the date of anniversary of the Contract.

Article 4- Implementation of the Nalia Service

4.1 It comes down to the Client only, to his charge only and his responsibility only, to equip himself with technical means, notably Internet access (equipment, software, networks etc. …), and of the necessary proficiency to access the Nalia Service and carry out all permitted operations, without plea against EIFFO ANALYTICS in case of damage resulting from incorrect understanding or manipulation.

4.2 The Client acknowledges having familiarized itself with the Nalia Service before the conclusion of this Contract and that it has had available all of the necessary information, notably to ascertain by itself the suitability of the Nalia Service to its needs, excluding any obligation of guidance or alert from EIFFO ANALYTICS.

4.3 From the conclusion of this Contract and as soon as possible, EIFFO ANALYTICS implements Nalia’s Service in collaboration with the Client, this phase ending with accessibility to a personal space dedicated to the Client on the SaaS platform edited by EIFFO ANALYTICS (hereinafter « the User Admin »). The parties agree that as soon as accessibility is provided, the Client has a period of time of five business days to express any reservation as for the quality or the conformity of the proposed Nalia Service in the setting of the Contract. In case of reservations expressed by the Client, these must be, to be admissible, firstly written and notified by e-mail to EIFFO ANALYTICS in the aforementioned delay and confirmed by registered letter with acknowledgement in a period of time of 48 hours as of the notification, secondly, precise and legitimate. The Client’s silence or lack of conformal notification in the aforementioned period of time, confirms the Nalia Service’s and the Client’s personal space’s (« the User Admin ») conformity to the contract and of their good quality.

4.4 The Client can request additional services from EIFFO ANALYTICS which are fully subjected to this Contract. In accordance with these services, the Client commits to provide to EIFFO ANALYTICS any document describing precisely the expected service. No additional service is due by EIFFO ANALYTICS if it has not formerly and expressly been accepted by EIFFO ANALYTICS. These services’ financial conditions will be stated to a new cost estimate established by EIFFO ANALYTICS.