GENERAL TERMS OF USE

SOFTWARE & DATA HOSTING

Preamble

FOUR DATA refers to the company SAS FOUR DATA (“the provider”), with a share capital of €519,750.00, headquartered at 11 Rue Paul Thénard, 21000 Dijon, France, registered with the Dijon Trade and Companies Register under number 821 783 222 00044.
The company provides its clients with an online software solution (SaaS) for managing, monitoring, and analyzing connected sensors used to track liquid, solid, and gas levels, as well as data from various equipment. This monitoring is carried out through the DESK and SENS platforms (hereinafter referred to as “the Solutions”).

By accessing or using the Solutions, the Client and its Users unconditionally accept these General Terms of Use (GTU).

Article 1. Definitions

  • Anomalies: Operational issues of the application that are repetitive and reproducible, categorized as:

    • Blocking anomaly: prevents use of the application.

    • Semi-blocking anomaly: allows partial use of the application.

    • Minor anomaly: allows full use with a workaround.

  • Subscriptions: Paid service providing access to the Solutions.

  • Client: Any individual or legal entity that has entered into a contract with FOUR DATA, either by purchasing sensors and/or subscribing to one or more Solutions.

  • Specific Development: Custom software created exclusively for the Client by the Provider.

  • Documentation: Paper or digital documents related to software use, regardless of format.

  • User: Any person authorized by the Client to access the Solutions.

  • Administrator: The person responsible for managing the Solution, including data, security, operation, and user access.

  • Identifiers: Combination of a login and password allowing secure access to the Solutions.

  • Solutions or Platforms: The DESK and SENS web-based platforms for managing and visualizing data from FOUR DATA connected sensors.

  • Maintenance: Operations ensuring proper function, updates, and availability of the applications.

  • Workstation: Any device (computer, tablet, smartphone, etc.) used by a User to access the Solution.

  • Sensors: Hardware devices that collect measurement data.

  • Data: All information collected, transmitted, and stored through the Solutions.

  • SaaS Service: Online software service hosted and maintained by FOUR DATA.

Article 2. Purpose

These GTU define the terms and conditions under which FOUR DATA provides access to the DESK and SENS Solutions in SaaS mode, including:

  • Online access to SENS & DESK functionalities

  • Usage rights and data modification

  • Data hosting, backup, and security

  • Maintenance and technical support

  • Compliance with confidentiality and GDPR regulations

Article 3. Platform Access

Access is via the Internet using an up-to-date web browser (Chrome, Edge, Firefox, or Safari).
The Client is responsible for the compatibility of its devices and Internet connection.

Access is available 24/7 except during scheduled maintenance, for which FOUR DATA will notify the Client at least 48 hours in advance by email or via a banner on the DESK & SENS interface.

Identifiers are personal and confidential. The Client is responsible for their use and security. Passwords must contain uppercase and lowercase letters, numbers, and at least one punctuation mark.

Article 4. License of Use

FOUR DATA grants the Client a non-exclusive, personal, and non-transferable right to use the Solutions for the contract duration.

Reproduction, modification, distribution, or reverse engineering of the Solutions is strictly prohibited. The Solutions, their source code, and documentation remain the exclusive property of FOUR DATA.

Article 5. Data Hosting and Security

Data collected through the sensors and DESK/SENS platforms are hosted exclusively in Europe (France and Germany), in certified ISO 27001-secured data centers.

FOUR DATA guarantees:

  • Data confidentiality, integrity, and availability

  • Daily backups

  • High server uptime and market-standard security

  • No sale, rental, or transfer of data to third parties

Data is archived for 5 years and securely deleted thereafter.
Only sensor values and setup information (name, email, equipment address) are stored.

Article 6. Data Ownership

The Client retains full ownership of all data collected and processed via the Solutions.
FOUR DATA acts solely as a data processor under GDPR and uses data only for service delivery.

The Administrator can delete data at any time.
The Client gains no ownership rights over the Solutions or intellectual property.

Article 7. Personal Data Protection

Both parties comply with GDPR (EU Regulation 2016/679).
FOUR DATA agrees to:

  • Process data only for service provision

  • Restrict access to authorized personnel

  • Notify the Client within 48 hours of any data breach

  • Permanently delete data at the end of service, unless required by law

  • Maintain processing records and appoint a Data Protection Officer (DPO)

DPO Contact:
Mr. François du Garreau – dpo@fourdata.io

Article 8. Maintenance and Support

FOUR DATA provides corrective and evolutionary maintenance and technical support Monday to Friday, 9 a.m.–6 p.m. (excluding public holidays).

Anomalies can be reported by email or phone. Critical issues are diagnosed within 6 working hours and corrected or mitigated promptly.

Article 9. Confidentiality

Both parties agree to keep all exchanged information (technical, commercial, or data-related) strictly confidential during and for 3 years after the contract term.

Article 10. Training

Upon request, FOUR DATA may provide training services under mutually agreed terms and pricing.
Training may be billed if repeated user issues arise outside anomaly handling.

Article 11. Limitation of Liability

FOUR DATA is not liable for:

  • Internet or network failures

  • Improper use of the Solutions

  • Force majeure (as defined in Article 1218 of the French Civil Code)

Liability is limited to the total fees paid during the 3 months preceding the incident.

Article 12. Financial Conditions

12.1 Subscriptions and Fees

Clients pay a monthly or annual fee as defined in specific terms.
Rates are subject to annual revision based on the Syntec index.

Excluded and separately billed services include:

  • Training

  • Technical assistance

  • On-site deployment

  • Custom development

  • Any service outside the SaaS offer

12.2 Payment Terms

Invoices are issued monthly or annually and payable within 30 days or on the 1st of each month via SEPA direct debit.
Applicable VAT will be added based on the Client’s country.

Article 13. Duration and Termination

The contract duration is defined in the specific terms and renews automatically unless terminated by registered mail 3 months before expiry.

In case of serious breach, termination may occur 30 days after formal notice without effect.
Upon termination, FOUR DATA will return all data (CSV, JSON, etc.) within 45 days and then permanently delete it.

Article 14. Warranty of Title

FOUR DATA guarantees that the Solutions are original works and do not infringe third-party rights.

Article 15. Non-Solicitation

The Client agrees not to hire or solicit any FOUR DATA employee during the contract and for 12 months after its end, unless authorized in writing.

Article 16. Governing Law and Jurisdiction

These GTU are governed by French law.
Any disputes shall fall under the exclusive jurisdiction of the Dijon Commercial Court (France).

Article 17. Contact

For any questions regarding these GTU or data processing:
FOUR DATA
11 Rue Paul Thénard, 21000 Dijon
Email: contact@fourdata.io
Website: www.fourdata.io

Dijon, June 1, 2025

The DPO