Terms of Use

Article 1. Legal notice

The Qyrion service is published by Justin Briard, sole proprietor (entrepreneur individuel, EI), trading under the name Apsidia and the brand Qyrion, registered under SIREN number 518 723 226 (SIRET of the registered office: 518 723 226 00024), whose registered office is located at 16 rue du Dessous des Berges, 75013 Paris, France (hereinafter "Qyrion").

VAT not applicable, article 293 B of the French General Tax Code. Publication director: Justin Briard. Contact: support@qyrion.fr.

The Service is hosted by Scaleway SAS, 8 rue de la Ville l'Évêque, 75008 Paris, France. Domain names and DNS resolution are provided by Infomaniak Network SA, rue Eugène-Marziano 25, 1227 Les Acacias (Geneva), Switzerland.

Article 2. Purpose and enforceability

2.1. These terms of use (hereinafter the "Terms of Use") set out the conditions under which Qyrion makes the Service available to Customers and their Users.

2.2. The Terms of Use are supplemented by the terms of sale (hereinafter the "Terms of Sale"), which govern the allocation, sale and use of Credits. In the event of any conflict, the Terms of Sale prevail with respect to Credits.

2.3. Access to the Service is subject to the prior and unreserved acceptance of the Terms of Use by each User, upon first login and upon each new version. A User who accepts the Terms of Use represents that they act in the name and on behalf of the Customer and have the authority to bind it.

2.4. Any specific terms agreed between Qyrion and a Customer supplement the Terms of Use and prevail over them in the event of conflict.

Article 3. Definitions

The following capitalised terms, whether used in the singular or plural, have the meanings set out below.

"Administrator"

means the User authorised by the Customer to manage, within the Service, the members, Credits and Sandboxes of its Organisation.

"Catalogue"

means the list of applications made available by Qyrion for the creation of Sandboxes. Qyrion alone determines its content.

"Content"

means all data, files and information imported, entered or generated by a User in a Sandbox.

"Credits"

means the internal unit of consumption of the Service, governed by the Terms of Sale.

"Customer" or "Organisation"

means the natural or legal person acting for professional purposes that has an account on the Service and is bound to Qyrion by the Terms of Use and the Terms of Sale.

"Sandbox"

means a temporary, isolated and non-persistent software environment, deployed at a User's request from an application in the Catalogue. A Sandbox is accessible through a public address for a limited period chosen by the User, which may not exceed two (2) weeks. It is automatically destroyed, together with all of its Content, when that period expires or in the other cases set out in article 6. A Sandbox is intended solely for testing, demonstrations, training and proofs of concept, and may not be used in production.

"Service"

means the Qyrion platform, available in particular at app.qyrion.fr, and all of its features.

"Share Link"

means the address allowing a third party without an account to access a Sandbox.

"User"

means any natural person holding an account attached to an Organisation.

Article 4. Conditions of access to the Service

4.1. The Service is intended exclusively for professionals. By accepting the Terms of Use, the User represents that they act in the course of their own business or that of the Customer. The Service is not intended for consumers within the meaning of the introductory article of the French Consumer Code.

4.2. During the beta phase, access to the Service is by invitation from Qyrion only. Qyrion remains free to accept or refuse any Customer without having to give reasons. During this phase, only Qyrion may add Users, including within an existing Organisation.

4.3. The Service is accessible from any country. Each User is responsible for ensuring that their use complies with the laws and regulations applicable to them.

Article 5. Accounts

5.1. Each account is strictly personal. The User undertakes not to disclose their authentication credentials to any third party and to notify Qyrion without delay at support@qyrion.fr of any unauthorised use of their account of which they become aware.

5.2. The Customer is liable for the use of the Service by all of its Users and guarantees their compliance with the Terms of Use, within the meaning of article 1204 of the French Civil Code.

5.3. The Administrator may remove Users, allocate Credits to them and destroy their Sandboxes. During the beta phase, adding Users is reserved to Qyrion, in accordance with article 4.2. Removing a User results in the destruction of their active Sandboxes.

5.4. During the beta phase, the deletion of an account or of the Organisation is requested by email to support@qyrion.fr. Qyrion carries out the deletion within thirty (30) days of receipt of the request.

Article 6. Sandboxes

6.1. The User creates a Sandbox from an application in the Catalogue, for a period chosen from those offered, up to a maximum of two (2) weeks. This period runs from the time the Sandbox is actually up and running. It may be extended if the Credit balance allows, provided that the total period does not exceed two (2) weeks. Qyrion may limit the number of Sandboxes active at the same time.

6.2. The User accesses the deployed application solely through its web interface. No access to the operating system, the container or the underlying infrastructure is granted.

6.3. A Sandbox is destroyed, together with all of its Content, in each of the following cases:

• a) when its period expires;
• b) when the Credit balance no longer allows it to be maintained;
• c) after a period of inactivity;
• d) in the event of unlawful activity or activity in breach of the Terms of Use;
• e) at the request of the User or of an Administrator;
• f) in the event of suspension or termination of the User's or the Customer's account.

6.4. Any destruction is final. Qyrion has no obligation to restore a Sandbox.

6.5. Anyone who has the address of a Sandbox or a Share Link can access it. The Customer alone decides whether to share them and remains solely responsible for any use made of them by third parties.

6.6. The Customer may present a Sandbox to its own customers, prospects or trainees, for demonstration or training purposes.

Article 7. Content and data

7.1. The User may import data into a Sandbox. The Customer warrants that it holds all rights necessary in the Content and remains solely responsible for it.

7.2. It is strictly prohibited to import, enter or process real personal data in a Sandbox, within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (GDPR). Only fictitious, anonymised or demonstration data may be used. The Customer also undertakes not to place confidential or sensitive data, or data from a production environment, in a Sandbox.

7.3. The Customer acknowledges that Qyrion does not back up Sandboxes or their Content, and that Content may be lost at any time, including before the Sandbox expires. The Customer is responsible for keeping its own copy of anything it wishes to retain.

7.4. Qyrion may access a Sandbox and its Content solely for the purposes of maintenance, ensuring the security of the Service or verifying compliance with the Terms of Use.

7.5. Qyrion keeps a log of the operations carried out on each Sandbox, including its creation, extension and destruction, with their date and author, for three (3) years from its destruction.

Article 8. Third-party applications

8.1. The applications in the Catalogue are open source software or trial versions of software published by third parties. Each remains subject to its own licence, which the Customer undertakes to comply with.

8.2. Qyrion is not the publisher of these applications. It provides no support for how they work and gives no warranty as to their security, compliance or fitness for the Customer's needs.

8.3. Qyrion freely determines the content of the Catalogue and may add, modify or remove applications at any time. The trademarks and logos of the applications remain the property of their respective owners.

Article 9. Prohibited uses

The Customer undertakes not to use, and to ensure that its Users do not use, the Service, whether directly or through a Sandbox, in order to:

• a) mine crypto-assets or run computations unrelated to the deployed application;
• b) send unsolicited electronic communications;
• c) scan, test or attack third-party systems, or attempt to circumvent the security measures of the Service;
• d) host or distribute phishing pages, malware or any unlawful content;
• e) infringe the rights of third parties, in particular their intellectual property rights;
• f) act as a proxy, virtual private network or network relay;
• g) circumvent quotas, limits or the Credit system, in particular by creating multiple accounts;
• h) resell the Service or make it available to third parties other than as provided in article 6.6;
• i) generate an abnormal load on the infrastructure;
• j) run a production service;
• k) process real personal data, in breach of article 7.2.

Article 10. Suspension and termination for breach

10.1. If the Customer or a User breaches the Terms of Use or the Terms of Sale, Qyrion may, at its discretion, destroy the Sandboxes concerned, suspend access for one or more Users, or suspend or terminate the Customer's account.

10.2. In the event of a serious breach, in particular unlawful activity, a threat to the security of the Service or a risk to third parties, these measures may be taken immediately and without notice. In all other cases, they are taken after a formal notice sent by email has remained without effect at the end of the period it sets.

10.3. In the event of proven abuse, the Customer's Credits are forfeited, without compensation or refund. Qyrion also reserves the right to report the facts to the competent authorities.

Article 11. Beta phase and service level

11.1. The Customer acknowledges that the Service is provided as a beta version, that it may contain defects and that it may change without notice.

11.2. Qyrion is bound by an obligation of means only (obligation de moyens). No service level commitment is made, in particular as to availability, performance, deployment time or support response time.

11.3. The Service may be interrupted at any time and without notice, in particular for maintenance or following an incident. Such interruptions may result in the destruction of Sandboxes.

11.4. Qyrion may end the beta phase or the Service. Except in cases of force majeure or overriding security reasons, it informs Customers by email at least thirty (30) days in advance. What happens to Credits is then governed by the Terms of Sale.

Article 12. Liability

12.1. The Customer is solely responsible for the use of Sandboxes by its Users, for the Content placed in them and for the sharing of addresses and Share Links. The Customer shall indemnify Qyrion against any claim, action or judgment brought by a third party arising from such use.

12.2. Qyrion shall not be liable for:

• a) the use made of Sandboxes and their Content;
• b) the loss, alteration or disclosure of Content, as the Service includes no backup;
• c) interruptions, slowdowns or destruction of Sandboxes, whatever the cause;
• d) the operation, vulnerabilities or licence terms of third-party applications;
• e) indirect damage, such as loss of revenue, customers, data or opportunity.

12.3. Should Qyrion be held liable, the compensation due to the Customer shall not exceed, per incident, half of the Credits consumed for the Sandbox concerned. It is paid exclusively in the form of Credits.

12.4. The limitations set out in this article do not apply in the event of gross negligence or wilful misconduct by Qyrion, or where the law prohibits such limitations.

12.5. Qyrion shall not be liable for any failure resulting from force majeure within the meaning of article 1218 of the French Civil Code. The parties agree that a failure of Qyrion's hosting, network or domain name providers shall be treated as force majeure.

Article 13. Users' personal data

Qyrion processes Users' personal data (email address, membership of an Organisation, login and activity logs) in order to provide the Service. The terms of this processing are set out in Qyrion's privacy policy, available on the qyrion.fr website. Sandboxes must not contain any real personal data (article 7.2).

Article 14. Intellectual property

14.1. The Service, its interfaces, its deployment scripts, the Qyrion brand and its logos are the exclusive property of Qyrion. The Terms of Use grant the Customer only a non-exclusive, non-assignable and non-transferable right of use for the term of the agreement.

14.2. The Customer agrees that Qyrion may freely use, at no cost, any comments, suggestions and ideas submitted by Users in order to improve the Service.

Article 15. Customer references

Qyrion may only list the Customer's name or logo among its commercial references with the Customer's prior written consent.

Article 16. Term and termination

The agreement is entered into for an indefinite term from acceptance of the Terms of Use. The Customer may terminate it at any time in accordance with article 5.4. Qyrion may terminate it under the conditions set out in articles 10 and 11.

Article 17. Changes to the Terms of Use

17.1. Qyrion may amend the Terms of Use. Any new version is notified to Customers by email at least thirty (30) days before it takes effect.

17.2. From that date, use of the Service is subject to acceptance of the new version by each User upon login. A Customer that does not accept it may terminate the agreement before it takes effect.

Article 18. Governing law and jurisdiction

18.1. The Terms of Use are governed by French law.

18.2. The Terms of Use are drafted in French and translated into English. In the event of any discrepancy, only the French version is authoritative.

18.3. In the event of a dispute, the parties shall seek an amicable settlement within thirty (30) days of a written claim by the first party to act. Failing agreement within that period, the dispute shall be brought before the courts of Paris, which shall have exclusive jurisdiction, including in the event of multiple defendants, third-party claims or summary proceedings.