Terms and Conditions of Sale

PREAMBLE

SAS ALL IN BOX, a simplified joint-stock company (société par actions simplifiée) with a share capital of 2,667.40 euros, whose registered office is located at Parc des Varimonts, 10 avenue de Thionville, 57140 WOIPPY, registered with the Metz Trade and Companies Register (RCS) under number 838 227 908, represented by Mr Barthélemy JEANROCH, acting in his capacity as Deputy Chief Executive Officer, duly authorised for the purposes hereof, hereinafter referred to as "All in Box" or the "Provider", on the one hand,

And the legal entity or natural person having subscribed to the All in Box platform under the conditions defined herein, hereinafter referred to as the "Client", on the other hand,

Hereinafter collectively referred to as the "Parties" and individually as a "Party".

All in Box publishes and operates a SaaS platform for database building, analysis and communication, intended for physical retail businesses, shopping centres, leisure complexes, city centres and, more generally, any operator wishing to develop knowledge of its customer base, increase footfall and manage its communication campaigns. All in Box also makes available to its Clients, on the basis of prepaid credits, data rental and media space rental services, whether its own or third-party, together with the associated management features.

The Client, having reviewed the platform's features and acknowledging that they meet its needs, wishes to subscribe to the offer proposed by All in Box.

The purpose of these General Terms and Conditions of Sale (hereinafter the "GTCS") is to define the conditions under which All in Box makes the platform available to the Client and provides the associated services.

ARTICLE 1 — DEFINITIONS

The following terms, when used with a capital letter herein, have the following meaning:

"Platform": the All in Box SaaS software solution accessible via a web browser or via the mobile application, including all of its modules, features and interfaces.

"Services": all of the services provided by All in Box hereunder, comprising the provision of the Platform, support and guidance, as well as data rental services, space rental services and consumable services (SMS, etc.).

"Credits": prepaid units for the consumption of usage-billed Services, usable on the Platform under the conditions defined in Article 9.

"Client Data": all data collected, imported, processed or generated by the Client via the Platform, including contact databases, campaign response databases, segments and analysis results.

"Personal Data": any information relating to an identified or identifiable natural person, within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (the "GDPR") and of French Law No. 78-17 of 6 January 1978 as amended.

"Account": the Client's secure personal area on the Platform, accessible by means of login credentials.

"User": any natural person with individual access to the Platform via the Client's Account, whether the Client itself, its employees, staff members or any other person it authorises.

"User T&Cs": the General Terms and Conditions of Use applicable to Users, accepted by each of them upon their first login to the Platform, as made available by All in Box.

"Mobile Terms of Use": the specific terms applicable to the use of the All in Box mobile application, accessible on the app stores and on the Platform.

"API Terms of Use": the specific terms applicable to access to and use of the application programming interface (API) made available by All in Box.

"Contract": the contractual document binding the Parties, setting out the specific conditions of the subscription (offer, scope, price, duration). The Contract may take the form of either: (i) a subscription agreement or an accepted quotation, signed between the Parties by handwritten or electronic means, or (ii) in the case of an online subscription via the Platform, these GTCS themselves, supplemented by the terms of the subscription plan chosen by the Client when creating the Account. The GTCS and their appendices form an integral part of the Contract and are enforceable against the Client.

ARTICLE 2 — PURPOSE

The purpose of these GTCS is to define the conditions under which All in Box grants the Client a non-exclusive and non-transferable right to access and use the Platform, and provides the Client with the associated Services.

The Contract is entered into intuitu personae with respect to the Client. Any assignment or making available of the Platform to a third party is subject to the prior written consent of All in Box.

ARTICLE 3 — ACCEPTANCE — CONTRACTUAL DOCUMENTS

3.1 Methods of acceptance

The Client's acceptance of these GTCS results, without distinction, from:

The handwritten signature of the Contract in paper form;
The electronic signature of the Contract, under the conditions defined in Article 23;
In the case of an online subscription via the Platform, the express ticking of the box provided for accepting these GTCS when creating the Account.

Whichever method of acceptance is used, the Client acknowledges having read these GTCS prior to acceptance and accepts them without reservation. Acceptance forms the Contract between the Parties and entails adherence to all of its provisions.

In the case of an online subscription via the Platform, these GTCS, supplemented by the terms of the subscription plan chosen by the Client, serve as the Contract between the Parties. The date of the Client's acceptance of the GTCS then constitutes the effective date of the Contract and the starting point of the commitment period defined in Article 6.

3.2 Contractual documents and order of precedence

The contractual framework binding the Parties consists, in decreasing order of precedence, of: (i) the Contract signed between the Parties, (ii) these GTCS, (iii) the User T&Cs, the Mobile Terms of Use and the API Terms of Use, where applicable, and (iv) their respective appendices.

In the event of any conflict between these GTCS and the Contract signed between the Parties, the provisions of the Contract shall prevail. In the event of any conflict between the GTCS and any of the documents referred to in (iii) above, the provisions of the GTCS shall prevail.

The Client's general terms and conditions of purchase are not enforceable against All in Box, unless expressly accepted by the latter in writing and in advance.

ARTICLE 4 — SCOPE OF THE MISSION

As part of the subscription, the Platform enables in particular:

The import of existing databases and the capture of data flows;
The creation of visitor data collection campaigns, at physical points of sale as well as digitally;
The provision of tools to analyse these campaigns and the customer database built up;
The launch of communication campaigns (email, SMS, geo-targeted SMS, marketing automation, surveys, segmentation);
Monitoring and support by an All in Box contact person.

The Client may also, under the conditions defined in Article 9, access additional Services billed on a consumption basis through the use of Credits, in particular data rental and media space rental.

ARTICLE 5 — ACCOUNT — USERS — ADDITIONAL ACCESS

5.1 Client Account

Access to the Platform is provided via an Account created by All in Box for the Client, accessible by means of strictly personal and confidential login credentials.

The Client is solely responsible for the confidentiality of its login credentials and for the operations carried out from its Account. It is also solely responsible for the access it grants to other Users. It undertakes to inform All in Box without delay of any unauthorised use of its Account or any breach of the confidentiality of its credentials.

5.2 Users — User T&Cs

The Client may grant access to the Platform to several Users within its organisation. It is solely responsible for creating, managing, suspending and deleting the individual access rights granted to these Users.

Each User must, upon their first login, accept the User T&Cs made available by All in Box. The Client vouches, vis-à-vis All in Box, for the acceptance of and compliance with the User T&Cs by all the Users it authorises. The Client remains liable, vis-à-vis All in Box, for any action carried out on the Platform from the Users' accounts, as if it were its own actions.

5.3 Mobile application and API access

Use of the All in Box mobile application is subject to prior acceptance of the Mobile Terms of Use, accessible from the app stores and from the Platform.

Access to the All in Box API, where made available to the Client, is subject to prior acceptance of the API Terms of Use. The Client is solely responsible for the security of the access keys and tokens provided to it as well as for the application integrations it implements via the API.

ARTICLE 6 — TERM — COMMITMENT — TERMINATION

6.1 Term and renewal

The Contract takes effect, as the case may be, from its signature by the Parties (by handwritten or electronic means) or, in the case of an online subscription, from the date of the Client's acceptance of the GTCS when creating the Account. It is entered into for a firm initial term of twelve (12) months (the "Initial Period"), tacitly renewable for successive periods of twelve (12) months (each a "Renewed Period"), unless terminated by either Party under the conditions defined in Article 6.2.

6.2 Termination at expiry

Either Party may terminate the Contract at the expiry of the Initial Period or of any Renewed Period, by registered letter with acknowledgment of receipt, subject to three (3) months' notice before the relevant expiry date. In the absence of termination within this period, the Contract is renewed for a further Renewed Period of twelve (12) months.

6.3 Termination for breach

In the event of a serious breach by either Party of any of its contractual obligations, and if the defaulting Party fails to remedy such breach within thirty (30) days of receipt of a formal notice sent by registered letter with acknowledgment of receipt, the other Party may terminate the Contract as of right, without prejudice to any damages.

All in Box may in particular terminate the Contract as of right, without notice or compensation, in the event of a payment default by the Client persisting thirty (30) days after a formal notice has remained without effect.

6.4 Effects of termination

The end of the Contract, whatever the cause, entails the closure of the Account and the cessation of access to the Platform.

The Client Data shall be returned under the conditions defined in Article 17 (Reversibility). It is retained for one (1) month from the end of the Contract for the sole purpose of transmission to the Client. At the end of this period, it is permanently and irreversibly deleted from All in Box's systems.

Credits not consumed at the end date of the Contract are definitively forfeited and shall not be refunded, in accordance with Article 9.

ARTICLE 7 — PRICING

7.1 Subscribed plan

The per-establishment subscription taken out by the Client is subject to the following conditions:

Micro-enterprises with up to 5 employees — subscription of €79 excl. VAT per month (including a maximum of 200,000 emails sent per month);
SMEs with between 6 and 50 employees — subscription of €149 excl. VAT per month (including a maximum of 200,000 emails sent per month);
Large Enterprises, National Chains, Independent Store Networks, Federations or Merchant Associations — subscription of €349 excl. VAT per month (including a maximum of 500,000 emails sent per month);
For sending needs exceeding 500,000 emails per month, a customised subscription amount will be set up.

The commercial conditions specific to the Client, including any discount, free period or launch condition granted, are set out in the Contract. In the absence of an express provision, no free period is due.

7.2 Usage-billed Services

Access to the following Services gives rise to additional billing, payable on a consumption basis or through the use of Credits:

SMS to France — €0.060 excl. VAT / SMS
SMS to Belgium — €0.110 excl. VAT / SMS
SMS to Switzerland — €0.060 excl. VAT / SMS
SMS to the Netherlands — €0.110 excl. VAT / SMS
SMS to Luxembourg — €0.130 excl. VAT / SMS
Geo-targeted SMS (France) — €0.150 excl. VAT / SMS
Data rental / media space rental — on the basis of Credits (Article 9)
Ads campaigns and associated services — on the basis of Credits (Article 9)

For other countries, rates will be specified at the time of use.

7.3 Price revision

Prices are subject to an automatic annual revision, on each anniversary date of the Contract, by application of the positive variation of the Syntec index over the last twelve (12) published months. This indexation applies as of right, without any formality or prior notification.

All in Box further reserves the right to revise its prices at any time, beyond the automatic indexation, in order to take account in particular of changes in its offers, its operating costs, its own suppliers' rates or market conditions. Any revision of this kind shall be notified to the Client by any written means, including by email or by notification on the Platform, subject to two (2) months' notice before it takes effect.

In the absence of written objection from the Client within this period, the new prices shall be enforceable against the Client from their effective date. In the event of an objection, the Client may terminate the Contract on the effective date of the new prices, by registered letter with acknowledgment of receipt sent to All in Box within the two (2) month notice period, by way of derogation from Article 6. Failing this, the Contract shall continue under the new pricing conditions.

ARTICLE 8 — PAYMENT

8.1 Terms

Unless otherwise stipulated in the Contract, the subscription is invoiced monthly and payable by bank transfer upon receipt of invoice or by direct debit.

Annual payment in advance is possible, entitling the Client to a discount of ten percent (10%) on the annual subscription amount.

Usage-billed Services and Credits are invoiced in accordance with the terms defined in Article 9.

8.2 Late payment

Any late payment automatically entails, without the need for prior formal notice, the application of late-payment penalties calculated on the basis of a rate equal to three (3) times the applicable statutory interest rate, as well as a fixed recovery-cost indemnity of forty (40) euros, in accordance with Articles L. 441-10 and D. 441-5 of the French Commercial Code. Additional compensation may be claimed, upon presentation of supporting documents, where the recovery costs incurred exceed the amount of the fixed indemnity.

8.3 Suspension of the service

In the event of a payment default persisting fifteen (15) days after a formal notice has remained without effect, All in Box may suspend the Client's access to the Platform and the Services, without prejudice to its right to terminate the Contract under the conditions of Article 6.3 and without this suspension giving rise to any indemnity or compensation for the benefit of the Client.

ARTICLE 9 — CREDITS

9.1 Definition and purpose

Credits constitute prepaid units for the consumption of the additional Services offered by All in Box on the Platform, in particular:

Data rental (segments, audiences, qualified files);
Rental of broadcasting space (own or third-party media placements, digital media, visibility arrangements associated with the Platform);
Consumable services relating to the broadcasting of advertising campaigns, database enrichment or the use of premium features.

Credits do not constitute currency, are not convertible into cash, and may under no circumstances be assigned, exchanged or transferred to a third party.

9.2 Value of a Credit

Unless otherwise stipulated in the Contract, one (1) Credit has a face value of one (1) euro excluding taxes. The unit value of the services consumed in Credits is specified on the Platform before each operation.

9.3 Acquisition

Credits are acquired by the Client from All in Box, in batches or individually, under the conditions specified on the Platform or in the Contract. They are invoiced upon order and payable in full upon receipt of invoice or by direct debit. The acquisition of Credits constitutes a transaction separate from the subscription to the plan.

9.4 Validity period

Credits are valid for twelve (12) months from their date of purchase. Upon expiry of this period, unconsumed Credits are definitively forfeited, and no refund may be claimed from All in Box. The balance of available Credits and their expiry date can be viewed at any time by the Client from its Account.

9.5 Consumption

Credits are consumed as the associated Services are actually used, in accordance with the price schedule in force on the Platform. Credit consumption is charged in order of seniority, with the oldest Credits being consumed first.

9.6 Non-refundable nature

Acquired Credits shall not be refunded, in whole or in part, for any reason whatsoever, including in the event of termination of the Contract by the Client, expiry of the validity period, or non-use. This provision is essential and decisive for All in Box's consent.

ARTICLE 10 — OBLIGATIONS OF ALL IN BOX

All in Box undertakes, under a best-efforts obligation, to:

Make the Platform available to the Client under the conditions defined herein;
Provide corrective and evolutionary maintenance of the Platform;
Provide user support via the assigned account manager or via the channels indicated on the Platform;
Implement appropriate technical and organisational measures to ensure the security and integrity of the Client Data, under the conditions defined in Article 16.

ARTICLE 11 — OBLIGATIONS OF THE CLIENT

The Client undertakes to:

Use the Platform in accordance with its intended purpose and these GTCS;
Provide accurate, up-to-date and lawful data when creating its Account and throughout the Contract;
Ensure the lawfulness of the databases it imports or collects via the Platform, and in particular have the legal bases required for the processing of the Personal Data concerned;
Comply with the rules applicable to commercial prospecting, in particular those arising from the French Post and Electronic Communications Code, the French Consumer Code and the GDPR;
Not use the Platform for unlawful purposes, in particular to distribute content that is offensive, defamatory, infringing, or that violates the rights of third parties;
Pay the amounts due when they fall due;
Preserve the confidentiality of its login credentials;
Guarantee the acceptance of and compliance with the User T&Cs by each of the Users it authorises, and be answerable to All in Box for any action or breach committed by said Users.

The Client is solely responsible for its use of the Platform, the content of the communications it sends, the actions of its Users and the legal compliance of the data processing operations it implements.

ARTICLE 12 — SERVICE AVAILABILITY

All in Box shall use the necessary means to ensure Platform availability of ninety-nine percent (99%) on a monthly average, excluding scheduled interruptions and excluding the cases referred to below.

All in Box may interrupt access to the Platform for maintenance, update or improvement purposes, favouring times of lower usage and, where possible, informing the Client in advance.

All in Box shall not be held liable for any unavailability resulting from: an event of force majeure, the act of a third party, a failure of communication networks, non-compliant use by the Client, or a suspension imposed under the conditions of Article 8.3.

ARTICLE 13 — INTELLECTUAL PROPERTY

13.1 Platform

The Platform, its software components, its architecture, its interfaces, its technical databases, its editorial content as well as All in Box's trademarks, logos and distinctive signs are the exclusive property of All in Box, or are subject to a licence for its benefit.

This Contract does not entail any assignment of intellectual property rights to the Client. All in Box grants the Client, for the term of the Contract, a non-exclusive, non-transferable and personal right to use the Platform, strictly limited to the Client's own needs and consistent with the intended purpose of the Platform.

Any reproduction, representation, modification, translation, adaptation, decompilation, or extraction of all or part of the Platform, apart from the legal exceptions, is strictly prohibited and shall render the Client liable.

13.2 Client Data

The Client Data remains the full and complete property of the Client. All in Box has no rights over this data other than the right, strictly necessary for the performance of the Contract, to host, process, store and return it under the conditions set out herein.

All in Box may nevertheless use, for the sole purposes of statistics and improvement of the Platform, aggregated and anonymised data that in no case allows the identification of the Client or of the data subjects.

13.3 Commercial reference

Unless the Client objects in writing, All in Box is authorised to cite the Client as a commercial reference and to reproduce its trademark or logo for this sole purpose, on its communication materials.

ARTICLE 14 — PERSONAL DATA PROTECTION

14.1 Status of the Parties

In the context of the Personal Data processing operations implemented via the Platform at the Client's initiative, the Client acts as data controller within the meaning of Article 4 of the GDPR. All in Box acts as data processor within the meaning of the same article. The conditions of the processing carried out by All in Box on behalf of the Client are set out in this article, in accordance with Article 28 of the GDPR.

14.2 Description of the processing

The nature and purpose of the processing operations consist of enabling the Client to build databases, segment, analyse and communicate with its customer base via the Platform. The categories of Personal Data concerned include in particular: surname, first name, title, email address, telephone number, location data, visit data, declared preferences, interaction history. The categories of data subjects are the Client's customers, prospects and visitors. The duration of the processing corresponds to the term of the Contract, plus the retention periods provided for in Article 6.4.

14.3 Obligations of All in Box as data processor

All in Box undertakes to process the Personal Data only on the documented instructions of the Client, to guarantee its confidentiality, to implement appropriate security measures (Article 32 of the GDPR), to assist the Client in handling the exercise of data subjects' rights and in fulfilling its security and notification obligations, to notify any breach as soon as possible and at the latest within seventy-two (72) hours, to return and then delete the Personal Data at the end of the Contract (Article 17), and to allow audits to be carried out under reasonable conditions.

14.4 Sub-processing

The Client authorises All in Box to engage sub-processors for the performance of the Contract (hosting, email and SMS routing, storage and processing of marketing events, features based on artificial intelligence models). The list of sub-processors is set out in Appendix 1. Any change to this list shall be notified to the Client, who may raise reasoned objections; in the absence of agreement, the Client may terminate the Contract without penalty within thirty (30) days.

14.5 Transfers outside the European Union

The Platform and the Personal Data are hosted within the European Union. Certain sub-processors may process Personal Data from countries outside the European Union, in particular the United States. These transfers are governed by the appropriate safeguards provided for in Articles 44 et seq. of the GDPR, in particular the EU-US Data Privacy Framework and/or the standard contractual clauses adopted by the European Commission.

14.6 Liability of the Client as data controller

The Client remains solely responsible for compliance with its obligations as data controller (lawfulness and legal basis of the processing operations, information of data subjects, keeping of the processing register, handling of requests to exercise rights, compliance of its prospecting campaigns). The Client indemnifies All in Box against any action resulting from non-compliance with these obligations.

14.7 Data Protection Officer

All in Box has appointed a Data Protection Officer (DPO), who can be contacted at the email address dpo@allinbox.com.

ARTICLE 15 — CONFIDENTIALITY

Each Party undertakes to treat as strictly confidential any information communicated by the other Party or of which it becomes aware in the course of the performance of the Contract, and which is identified as such or is manifestly confidential in nature. Each Party shall refrain, except with the prior written consent of the other Party, from communicating such information to any third party or using it for any purpose other than the performance of the Contract. This obligation shall remain in force for the entire term of the Contract and for the three (3) years following its termination.

ARTICLE 16 — SECURITY

All in Box implements appropriate technical and organisational measures to ensure the security of the Platform and of the data processed on it, in particular: user authentication, encryption of data flows in transit (HTTPS/TLS), hosting on secure infrastructures within the European Union, regular backups, access control, traceability of sensitive operations. The Client acknowledges that no security measure can guarantee absolute protection and undertakes to comply with good security practices, in particular with regard to the management of its credentials.

ARTICLE 17 — REVERSIBILITY

At any time during the performance of the Contract, and at the latest at its end, the Client may request the return of its Client Data, in a structured and commonly used format (in particular CSV or equivalent).

At the end of the Contract, the Client Data is retained for one (1) month from the end date of the Contract, for the sole purpose of transmission to the Client. Upon expiry of this period, All in Box permanently and irreversibly deletes the Client Data from its systems, subject to legal retention obligations. It is the Client's responsibility to retrieve its Client Data before the expiry of this one (1) month period.

ARTICLE 18 — LIABILITY

All in Box is bound by a best-efforts obligation in the performance of the Contract.

All in Box may only be held liable in the event of proven fault and solely for direct damage suffered by the Client, to the exclusion of any indirect damage, including in particular: loss of revenue, loss of profit, loss of customers, loss of opportunity, damage to image or reputation, loss or alteration of data other than that for which it was directly responsible for safekeeping.

In any event, and except in cases of wilful misconduct or gross negligence, All in Box's liability is limited, all causes and all damages combined, to the total amount excluding taxes actually paid by the Client under the subscription during the twelve (12) months preceding the event giving rise to the damage.

ARTICLE 19 — FORCE MAJEURE

Neither Party may be held liable for a breach of its contractual obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts.

The following are considered events of force majeure, without this list being exhaustive: natural disasters, epidemics, wars, acts of terrorism, general strikes, widespread failures of telecommunications or electricity networks, decisions of public authorities making performance of the Contract impossible. If the event of force majeure continues beyond sixty (60) days, either Party may terminate the Contract as of right, without compensation, by registered letter with acknowledgment of receipt.

ARTICLE 20 — INSURANCE

All in Box declares that it has taken out, with a reputably solvent insurance company, an insurance policy covering its professional civil liability in respect of the activities carried out under the Contract.

ARTICLE 21 — NON-SOLICITATION OF PERSONNEL

Each Party shall refrain, for the entire term of the Contract and for the twelve (12) months following its termination, from soliciting, hiring or engaging, directly or indirectly, any employee or staff member of the other Party who has been in contact with it in connection with the Contract, except with prior written consent. In the event of a breach, the defaulting Party shall pay the other Party a fixed indemnity equal to twelve (12) months of the gross remuneration of the employee concerned.

ARTICLE 22 — ASSIGNMENT OF THE CONTRACT

The Contract is entered into intuitu personae with respect to the Client. The Client may not assign the Contract, in whole or in part, without the prior written consent of All in Box. All in Box may freely assign the Contract to any company in its group or to any transferee of a business line comprising the operation of the Platform, subject to informing the Client in advance.

ARTICLE 23 — ELECTRONIC SIGNATURE — AGREEMENT ON EVIDENCE

23.1 Electronic signature

Where the Contract is signed electronically, it is signed in accordance with Article 1367 of the French Civil Code, via an electronic signature device (the "Device"), and constitutes an electronic writing within the meaning of Article 1366 of the French Civil Code. Each Party has a copy on a durable medium, in accordance with Article 1375 of the French Civil Code. The electronic signature implemented, whether simple or advanced within the meaning of the eIDAS Regulation, benefits from the presumption of reliability.

23.2 Online acceptance by ticking a box

Where acceptance of the GTCS takes place by ticking the acceptance box provided when creating the Account, the Client expressly acknowledges that this method of acceptance forms a valid contract between the Parties, in accordance with Articles 1366 and 1369 of the French Civil Code. The connection logs, timestamps and technical data relating to this acceptance, retained by All in Box, constitute proof between the Parties of the reality and date of the acceptance.

23.3 Agreement on evidence

The Parties agree that the computer files, connection logs, timestamps and usage histories produced by the Platform constitute admissible and enforceable evidence between them, provided that they are retained by All in Box under conditions capable of guaranteeing their integrity.

ARTICLE 24 — AMENDMENT OF THE GTCS

All in Box reserves the right to amend these GTCS at any time. Amendments shall be notified to the Client by any written means, subject to thirty (30) days' notice before they take effect. In the absence of written objection from the Client within this period, the amendments shall be deemed accepted. In the event of disagreement, the Client may terminate the Contract within thirty (30) days of the notification, by way of derogation from Article 6.

ARTICLE 25 — MISCELLANEOUS PROVISIONS

25.1 Tolerance. The fact that one of the Parties tolerates a breach of these terms shall not be interpreted as a waiver of its right to subsequently rely on the corresponding provisions.

25.2 Partial invalidity. Should any provision of the Contract be declared void or unenforceable, the other provisions shall remain in full force and effect, and the Parties undertake to negotiate in good faith an economically equivalent substitute provision.

25.3 Entire agreement. The Contract constitutes the entire agreement between the Parties and supersedes any prior agreement relating to the same subject matter.

25.4 Notices. Unless otherwise stipulated, any notice between the Parties shall be validly given by registered letter with acknowledgment of receipt to the addresses stated at the head of the Contract, or by email with acknowledgment of receipt to the addresses designated by the Parties.

ARTICLE 26 — GOVERNING LAW — JURISDICTION

The Contract is governed by French law.

In the event of a dispute relating to the formation, interpretation, performance or termination of the Contract, the Parties shall endeavour to find an amicable solution. In the absence of an amicable agreement within thirty (30) days from the first notification of the dispute, express jurisdiction is granted to the Commercial Court of Metz (Tribunal de commerce de Metz), notwithstanding multiple defendants or third-party claims, including for urgent or protective proceedings, whether in summary proceedings or on application.

APPENDIX 1 — List of sub-processors

This appendix forms an integral part of the GTCS. It sets out, as at the date of signature, the list of sub-processors engaged by All in Box for the performance of the Contract, pursuant to Article 14.4.

AWS (Amazon Web Services) — Hosting of the Platform — European Union — No transfer (data within the EU)
OVHcloud — Hosting of the Platform — European Union (France) — No transfer
Scaleway — Hosting of the Platform — European Union (France) — No transfer
Brevo (formerly Sendinblue) — Email campaign routing — European Union (France) — No transfer
Amazon SES — Email campaign routing — European Union — No transfer
Mtarget — SMS campaign routing — European Union (France) — No transfer
SMS Factor — SMS campaign routing — European Union (France) — No transfer
Wellpack — SMS routing on rented databases — European Union — No transfer
Google BigQuery — Storage and processing of marketing events (logs) — European Union / United States — Standard contractual clauses + EU-US Data Privacy Framework
OpenAI — Artificial intelligence models — United States — Standard contractual clauses + EU-US Data Privacy Framework
Google Gemini — Artificial intelligence models — European Union / United States — Standard contractual clauses + EU-US Data Privacy Framework

All in Box undertakes to impose on each of its sub-processors contractual obligations equivalent to those it itself bears hereunder, in particular with regard to security, confidentiality and the protection of Personal Data. The up-to-date version of the list is made available to the Client upon request.