General Terms of Use for the STid Mobile ID® Online Platform

The User acknowledges and confirms that, during the pre-contractual phase, all necessary and relevant information has been received to make an informed decision and had the opportunity to request additional details from STid that could impact their consent.

The User affirms they have reviewed the documents available on the Platform and verified that both the Platform and Services align with their needs.

By creating an Account and selecting the appropriate option, the User agrees to these General Terms of Use.

These Terms of Use may be subject to change. Should any amendments occur, the User will be notified of the updated version and required to accept the revised Terms of Use.

Access to the Platform will be restricted until the User accepts the amended Terms.

Article 1 – Purpose

The purpose of the Terms of Use is to define the conditions under which STid provides User a personal and non-exclusive right to access the Platform in ASP mode and the Services rendered in this regard.

Article 2 – Services

STid provides User with the Platform functionalities over the Internet.

Data hosted on STid’s Server

STid provides User with the Platform functionalities through access to its server over the Internet. This provision is made by remote access to allow the Platform on STid’s Server to process Data transmitted by User.

STid implements all means necessary to ensure the hosting of Data and the maintenance and security of the Platform.

STid implements all means necessary to backup the Data. The STid server is housed in France.

The Services are rendered pursuant to the conditions laid down in the SLA.

STid reserves the right to modify the Platform.

Article 3 – Provision of the Platform and Contract Documents

As the Platform is housed on STid’s Server, software supports for the Platform are not delivered but made available by connecting to STid’s Server and creating a username and password.

Article 4 – Provision of Web Services

STid agrees to provide User with Web Services and thorough and detailed documents on the mechanisms involved. User agrees to use the Web Services in accordance with the documents provided by STid.

The implementation of Web Services involving development phases are at User’s sole expense and responsibility.

Article 5 – Identification

User has to create its own username and password required to access the Platform. These identifiers are unique, personal and strictly confidential.

User agrees to keep these identifiers confidential. STid will never have access to Users’ passwords. User is solely responsible for the use of its identifiers.

Any and all use of these identifiers on the Platform is irrebuttable presumed to be used by User, which User expressly accepts.

User agrees to immediately notify its reseller of any theft or breach of the confidentiality of these identifiers.

Article 6 – STid’s Obligations

STid agrees to implement the appropriate human and material resources to render the Services in accordance with the commitments entered into in the SLA.

STid is solely responsible for the maintenance and upgrading of the Platform, and the Platform may be unavailable while STid carries out maintenance and upgrade operations. STid endeavours to carry out these operations without preventing or hindering access to the Platform.

STid agrees to effect regular data backups and to store full-system backups pursuant to the conditions set out in the SLA.

STid agrees to maintain the integrity and confidentiality of the data communicated by User, both during the data’s transmission and hosting.

Article 7 – User’s Obligations

The User agrees to adhere strictly to the terms of use of the Platform, as outlined in the relevant documentation, as well as to follow any specific instructions provided by STid.

The User agrees to input and transmit Data in strict compliance with the formats, procedures, and transmission schedules specified by STid. The User is solely responsible for the accuracy, completeness and validity of all Data submitted through the Platform.

The User shall ensure that only authorized personnel have access to the Platform and agrees to maintain the confidentiality of all login credentials, including usernames and passwords.

Additionally, the User is responsible for:

Ensuring the Platform’s suitability for its operational requirements, particularly concerning its documents;
Maintaining the appropriate hardware, software, network infrastructure, terminals, connections and cabling, as outlined in the applicable configuration schedule (Schedule: CONFIGURATION).

The User’s use of the Platform must comply with all applicable national and international laws, regulations and standards, including usage charters and codes of ethics. Any content or activity that encourages or involves criminal behavior, incitement of racial hatred, promotion of suicide, denial of crimes against humanity, distribution of child pornography, or any violation of human dignity is strictly prohibited.

The User’s actions and any information processed via the Platform must not infringe upon the rights of third parties. Specifically, the dissemination of content protected by intellectual, literary, artistic, or industrial property rights, as well as the distribution of defamatory, insulting, or otherwise unlawful material, is prohibited.

The User acknowledges sole responsibility for all data it processes and stores on the Platform. Consequently, the User agrees to indemnify and hold STid harmless from any third-party claims, including legal costs, attorney’s fees, bailiff, and expert fees, resulting from the User’s actions. The User further agrees to indemnify and hold STid harmless from any damages or adverse consequences arising directly or indirectly from the User’s use of the Platform.

The User acknowledges the inherent risks and limitations of data transmission over the Internet and accepts that absolute security cannot be guaranteed.

Article 8 – Agreement on Evidence

By mutual agreement of the Parties, STid’s computer records constitute proof of the transmissions and processing carried out. STid is required to maintain these records under conditions that guarantee the security and integrity of the data.

STid stores and archives all items related to the use of the Account. STid may use, particularly for evidentiary purposes, any act, file, recording, tracking report, statistics on any medium, including the computer medium established, which is prepared or kept by STid. These requirements of proof constitute a rebuttable presumption, which can only be rebutted by evidence that STid’s recording and storing means actually failed.

Article 9 – Intellectual Property

All content and materials including but not limited to designs, illustrations, written text, logos, trademarks, and all other intellectual property—are the sole and exclusive property of STid.

The “STid Mobile ID” trademark, related marks, logos and symbols, as well as the domain name, are and will remain the exclusive property of STID. Any reproduction, distribution, transmission, modification, or other use of these trademarks for any purpose without the prior, express consent of STid is strictly prohibited.

It is also prohibited to remove any copyright, trademark, or proprietary notices contained within the Website or its content.

Article 10 – Ownership of the Platform

STid holds intellectual property rights to the Platform. The Terms of Use do not transfer any intellectual property rights to User.

User is granted a personal, non-exclusive, non-assignable right to use the Platform’s functionalities for the duration of the contract, through the remote access between User’s server and STid’s server.

User is strictly prohibited from:

Reproducing the Platform or its documents, or altering or obscuring in any way any trademarks, distinctive signs, copyright notices on the Platform;
Interfering with the Platform in whatsoever way and for whatsoever purpose, including to correct errors, since maintenance and upgrades are performed by STid;
Modifying or attempting to circumvent any security measure on the Platform.

Article 11 – Data Ownership

The User retains full ownership of all data, information and content transmitted to, stored on, or processed by the Platform hosted by STid. STid acts solely as custodian of the User’s Data, and neither STid nor the Platform shall acquire any rights, titles, or interests in the Data, except as strictly necessary to fulfill the Platform’s operational functions as agreed upon in this Agreement. All processing, handling and storage of User Data by the Platform will comply with applicable data protection laws, and no data will be used or disclosed by STid or the Platform without the User’s explicit consent, except as required by law.

Article 12 – Access and Telecommunications

The User is solely responsible, at their own expense, for the acquisition, installation, maintenance and connection of all necessary configuration components and telecommunications systems (User must independently arrange and pay for these services to ensure they can access and use the Platform) required to access the Platform. Additionally, the User is responsible for securing and maintaining any telecommunications plans needed to access STid’s server.

Article 13 – Confidentiality of Data

STid agrees to implement and maintain appropriate technical and organizational measures to ensure the security, integrity and confidentiality of the User’s Data, as transmitted to and

processed by the Platform. Such measures shall be designed to protect against unauthorized access, loss, alteration, or disclosure of Data.

STid shall not disclose, share, or transfer the Data to any third party, nor use the Data for any purpose not explicitly provided for in the Terms of Use or this Agreement, except as required by law or with the User’s prior written consent.

Article 14 – Data Protection

The User assumes full responsibility for the content and integrity of the Data transmitted through the Platform. STid does not verify the content of any data stored on the Platform and shall not be held liable for any unlawful or illicit nature of such content, a condition that the User expressly acknowledges and accepts.

In the course of their contractual relationship, the Parties agree to comply with all applicable data protection regulations, including, but not limited to, the General Data Protection Regulation (GDPR).

In circumstances where STid is required to process the User’s personal data, as defined by applicable laws, in the performance of the Services outlined in the Contract, STid commits to the following:

Adherence to all laws and regulations governing the protection of personal data, specifically Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR).

to process such data only if required for the fulfilment of the purposes listed below and as authorized or required by law;
to keep personal data strictly confidential;
to take the appropriate organizational, physical and technical security measures to protect personal data;
not to transfer personal data outside the territory of the European Union without the prior consent of the customer and in a secure framework in accordance with the requirements of the applicable legislation, that is to say, either to countries with a level of protection considered “adequate” within the meaning of the European data protection authorities (CNIL) or to entities (affiliated companies, subcontractors) having signed standard contractual clauses as laid down by the European authorities.

Article 15 – Cryptography

Where cryptography is used to secure the transmission of Data, the responsible party will make the necessary declarations or requests for authorizations in accordance with the legislation in force.

Article 16 – Financial Conditions

The access to the Online Platform is free of charge.

The User must have credits on his account to be able to create Virtual User Badges.

Credits are debited when creating Virtual User Badges. These offers hereinbefore are subject to STid’s Terms of Sale.

Article 17 – Liability

STid may not be held liable for connection issues due to internet disruptions or any financial loss or injury to reputation, or special, direct, indirect, consequential or incidental damages resulting from or related to use of the Platform.

Pursuant to the Confidence in Digital Economy Act (Loi de Confiance dans l’Economie Numérique) 2004- 575 of 21 June 2004, STid may not be held liable for the content transmitted or stored on the internet if and where it had no knowledge of the unlawfulness of the Data or if it promptly removed the Data or rendered access to the Data impossible, in accordance with Customer’s demand, if any. Accordingly, Customer agrees to indemnify and hold STid harmless against any third-party action for Data that transits through the Platform or Customer’s actions on the internet.

Customer acknowledges that STid has no control over the transfer of Data on public telecommunications networks used by Customer to access JN Services, including in particular the internet.

The Customer acknowledges and accepts that, given the nature of the internet and associated risks, STid shall not be liable for the following:

Confidentiality of Data during Transmission : STid does not guarantee the confidentiality of Data, including Sensitive Data and Personal Data, when transferred over the internet.
Data Content Responsibility : The Customer is solely responsible for the content of the Data stored on the Platform, including the management, updating and handling of any file types, such as address files, sound, text, images, form elements and any other data accessible on the servers.
Password and Access Security : The Customer is responsible for safeguarding passwords, confidential access codes to the Extranet and all other sensitive Customer information. STid shall not be liable for unauthorized access due to the Customer’s failure to secure these credentials.
Indirect Damages: STid shall not be liable for any indirect damages, which are defined as damages that do not directly and exclusively result from any partial or total failure of the Platform. This includes but is not limited to, commercial injury, loss of orders, brand image damage, business interruption, loss of profits or loss of customers for which the Customer shall act as its own insurer or obtain necessary insurance coverage.

Any third-party claim brought against the Customer is also considered indirect damage and does not entitle the Customer to compensation from STid.

Moreover, STid shall not be held liable for the following:

Interruptions in the supply of electricity or transmission lines caused by public or private operators.
Failures of the Platform resulting from defects in Customer’s equipment, for which the Customer is responsible.
The collection, dissemination, transmission, use, or updating of Data on the Internet that has not been declared by the Customer or for which the Customer’s processing is non-compliant with the provisions of the General Data Protection Regulation (GDPR) and/or the French Data Protection Act 78-17 of 6 January 1978.
The content and integrity of Customer Data, including Sensitive Data, transmitted through the Platform.
The use of the Platform in any manner not provided for or expressly authorized by the Framework Agreement and its accompanying schedules.
Modifications to hardware or information accessible through the Platform that are not performed by STid.
The continued use of the Platform, in whole or in part, after STid has recommended suspension due to technical difficulties or any other reason.
The use of the Platform in environments or configurations that do not comply with STid’s instructions or in conjunction with third-party programs or data not expressly approved by STid.
The loss of Customer Data following any operation performed by STid when the Customer has not backed up its Data, despite STid’s request to do so, unless the Customer has purchased backup services from STid.
Any damages resulting from the Customer’s fault or negligence, or damages that could have been avoided if the Customer had sought advice from STid.
The use of non-STid-provided or non-endorsed programs in connection with the Platform that may affect the operation of the Platform or the integrity of Customer’s Data.
The partial or total destruction of Data transmitted or stored on the Platform due to errors directly or indirectly caused by the Customer, unless the Customer has purchased data backup services from STid.
Events of force majeure or decisions made by authorities that affect the Platform’s operation.
Abnormal or fraudulent use of the Platform by the Customer or third parties, which may require the shutdown of the Platform for security reasons.
Malfunctions or misuse of the Platform caused by the Customer’s applications or IT infrastructure.

STid’s liability is further limited where the Customer does not take reasonable steps to mitigate damages or does not follow STid’s instructions related to the safe and secure operation of the Platform.

Moreover and in any event, STid cannot be held liable for indirect and/or immaterial damages suffered by Customer resulting from or in connection with the execution of the Platform and its consequences, such as, but not limited to, loss of gains or profits, loss of data, loss of opportunity, commercial damage, consequences of third-party claims or actions against Customer, even if STid was warned of the possibility of their occurrence.

STid may in no event be held liable for the direct or indirect consequences of defects of goods, installations and equipment belonging to or in the custody of Customer, other than the Platform.

STid may in no event be held liable for the content of stored data. Customer agrees to indemnify and hold STid harmless against any and all claims that may be brought regarding the content of the data.

Moreover, STid cannot be held liable for any data alteration due to the actions of a third party on Customer’s network which may interfere with the collection and transfer of data.

More generally, apart from events within STid’s control, STid cannot be held liable for any third-party intrusion in Customer’s system, or the direct or indirect consequences of such an intrusion, or any fault, negligence or act committed by Customer or third parties.

STid cannot be held liable for any injury suffered by Customer caused by the fraudulent access to the data by a third party in possession of Customer’s username and password.

STid cannot be held liable in the event of the modification by Customer of its computing infrastructure of which STid was not previously informed and did not approve the modification with regard to its compatibility with the Platform.

By express agreement, STid’s liability is limited to only those direct damages resulting from STid’s proven negligence. Indirect damages such as loss of business, loss of profit, loss of profit margin, damage to image damage, consequences of third-party claims are expressly excluded.

In all cases where STid may be held liable, this liability will be expressly limited and may in no case exceed the total amount of the last twelve (12) months of the Subscription paid by Customer.

For those services performed by OVH, User acknowledges that obligations entered into by STid vis-à-vis User may not exceed the rights enjoyed by STid under the contract entered into between STid and OVH. Accordingly, User waives any claim against STid for rights over and above those STid holds under its contract with OVH and accepts that the clauses of the OVH Contracts as appended are wholly enforceable against User.

Article 18 – Insurance

STID represents and warrants that it maintains a professional liability insurance policy with a reputable insurance company, covering all material and immaterial damages that may arise from the performance of services by its staff or employees. STID agrees to maintain this insurance policy for the entire duration of the Terms of Use and will provide proof of such insurance upon request by the other party.

The total liability for damages is limited to the amount specified in Article 17 (Liability).

Article 19 – Duration

The Parties do not intend to condition their agreement to a cooling-off period. The contract and the acceptance and the Terms of Use take effect when STid activates the Account in the website.

The contract is entered into for an indefinite period.

Article 20 – Reversibility

In the event of termination of the contractual relationship, for any reason, the User may delete their account on the Platform.

Since STid does not have access to the Data stored by the User, STid cannot ensure the retrieval or restitution of such Data. Only the User has the ability to export their Data.

Article 21 – Unforeseeable Circumstances

If a change of circumstances that was unforeseeable at the time of the conclusion of the contract renders performance excessively onerous for a party who had not accepted the risk of such a change, in accordance with the provisions of Article 1195 of the Civil Code, that party may ask the other contracting party to renegotiate the contract.

However, if the change of circumstances that was unforeseeable at the time of the conclusion of the contract was permanent or continued for more than three months, this contract will be terminated pursuant to the provisions of Article “Termination Based on Unforeseeable Circumstances”.

Article 22 – Enforced Performance in Kind

By way of derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party, the non-breaching Party may not require enforced performance in kind.

The non-breaching Party may, in the event of the other Party’s non-performance of any of its obligations, terminate the contract pursuant to the provisions of the Article 23(2) (Termination for Breach of Obligations).

Article 23 – Termination of Contract

– Termination for Force Majeure

The Parties expressly may terminate the Terms of Use as of right in accordance with the provisions of Article 26 (Force Majeure).

– Termination for Breach of Obligations

In the event of the breach by one of the Parties of its obligations under the Terms of Use, the Terms of Use may be terminated by the non-breaching Party.

The Parties expressly agree that this termination for breach of obligations will take place automatically 30 days after formal notice to remedy the breach has, in whole or in part, had no effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act.

This formal notice must state the intention to apply this clause.

– Provisions that Apply in all cases of Termination

The Parties expressly agree that the debtor of a payment obligation pursuant to the terms of this agreement, may be put on formal notice to perform, in accordance with Article 1344 of the Civil Code.

Article 24 – Confidentiality

STid undertakes not to disclose, directly or indirectly, in whole or in part, any information communicated to it by the User in connection with the use of the Platform. This confidentiality obligation applies to all forms of disclosure, including oral, written, electronic, or any other means.

STid shall ensure that any data processors, subcontractors, or service providers involved in providing services related to the Platform are bound by the same strict confidentiality obligations.

These third parties will only have access to the User’s information to the extent necessary for the performance of their contractual duties, and STid shall remain fully responsible for their compliance with these confidentiality requirements.

This confidentiality obligation remains in effect both during the term of the contractual relationship and after its termination, for any reason.

Any breach of this obligation by STid or its service providers will constitute a material violation of the Agreement, subject to applicable legal remedies and damages.

Article 25 – Non-solicitation

User expressly agrees not to solicit for the purpose of hiring or to hire directly or indirectly any of STid’s staff members.

User agrees to enforce the application of this prohibition on other companies of the Group to which it belongs.

This prohibition applies for the duration of the TOU and for the two years following its terminations, for whatsoever reason.

Article 26 – Force Majeure

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

The obligations of the Parties will then automatically be suspended.

The party affected by the event must immediately inform the other party of its inability to perform and provide proof of same. The party whose obligations are suspended may not be held liable for the non- performance of the obligation in question, nor may the non-performance give rise to the payment of damages or penalties for delays.

As soon as the cause of the suspension of the Parties’ reciprocal obligations no longer exists, the Parties must make every effort to resume performance of their contractual obligations as soon as possible. To this effect, the party whose performance is prevented must notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act.

During this suspension, the Parties agree that the costs incurred as a result of the situation will be shared between the Parties.

If the event is permanent or lasts for more than six (6) months, these Terms of Use will automatically terminate without any additional formality being necessary.

Article 27 – Headings

Article headings are solely for convenience of reference. In the event of inconsistences between the heading and provisions of the article, the latter prevail.

Article 28 – Entire Agreement

The Terms of Use form the entire agreement between the Parties. These Terms of Use supersede and extinguish any prior oral or written commitment relating to the purpose of the TOU.

Article 29 – Tolerances

Any tolerance or waiver by one of the parties in the application of all or part of its commitments under these TOU, regardless of the frequency and duration, does not constitute a modification of the TOU or give rise to any rights whatsoever.

Article 30 – Applicable Law – Language

By express agreement between the Parties, the TOU are subject to French law, to the exclusion of any other legislation.

The contract resulting from the TOU is drafted in the French language. In the event of a translation into one or more languages, only the French text will prevail in the event of a dispute.

Article 31 – Severability

The invalidity of one or more provisions of the contract does not affect the full force and effect of the remaining provisions, provided that the economic purpose of the agreement is maintained.

In the event performance of one or more contract clauses is rendered impossible as a result of the invalidity, the Parties agree to replace the invalid clause with a valid clause, which comes as close as possible to the economic purpose of the invalid clause and the remaining provisions of the contract remain in force.

Failing this, or if the economic purpose of the agreement is fundamentally disrupted, the Parties may, by mutual agreement, terminate the agreement in full in writing.

Article 32 – Disputes

Any dispute relating to the conclusion, interpretation, implementation or termination of this agreement is subject to the exclusive jurisdiction of the competent court of Marseille, including for provisional relief, notwithstanding the introduction of third parties or multiple defendants.

Article 33 – Management of Credits

Premium cards, with a private ID, have a cost of 5 credits.

To change a Access STid Mobile ID® badge to a Access + STid Mobile ID® badge, the cost is 1 credit.

To purchase these credits, the user establish a term of agreement with a supplier.

STid is not responsible for the commercial relationships between resellers and sub-resellers acting among themselves as independent traders and as managers of their contractual relations.

The virtual configuration cards are free and do not fit into the framework of the credit management.

Article 34 – Definitions

The following terms used in the Terms of Use and on the Platform have the following meanings.

ASP

Refers to the mode of access, either via the Internet or a local network, that enables users to utilize platform features. The application may be selected by the User or hosted on STid’s server, accessible through a connection to this server.

Virtual User Card

Refers to the digital representation of an access control card within the STid Mobile ID mobile application. This virtual card permits one or more identification modes, either in proximity or remotely and is intended to supplement or replace the User’s RFID access card.

Virtual Configuration Card (Virtual SCB)

Refers to the digital version of configuration cards within the STid Settings mobile application. This virtual card is designed to configure parameters for STid Architect® Blue access control readers.

Account (or sub-account)

Refers to the User’s access to and private space on the platform.

Configurator(s) Virtual Card

Refers to individuals who have been issued a virtual configuration card and are linked to a Customer Site within an End Customer Account.

Credit

Refers to a unit of measure, utilized for the creation of virtual User cards.

Data

Refers to all data used for the configuration and operation of user accounts and virtual cards on the Platform, as processed in connection with the services provided.

Personal Data

Refers to data that can be used to directly or indirectly identify a natural person, as defined under the Data Protection Act of January 6, 1978, and as amended to comply with the General Data Protection Regulation (GDPR).

Sensitive Data

Refers to Personal Data that is designated by the User as requiring special handling due to its sensitivity or as defined by applicable legislative or regulatory provisions, necessitating additional measures to ensure its security and availability.

Parties

Refers collectively to the User and STid, each of which is individually referred to as a “Party.”

Platform

Refers to the STid Mobile ID® Online Platform, a software Platform developed by STid that provides access to a range of standard computer programs

The Platform also facilitates :

The dynamic and remote management of virtual User cards.
The dynamic management of virtual configuration cards for the complete range of STid Architect® Blue readers.

Services

Refers to the services provided by STid in connection with the use of the Platform in ASP mode.

General Data Protection Regulation (GDPR)

Refers to Regulation (EU) 2016/679 of the European Parliament and of the Council, effective from May 25, 2018.

Internet Network

Refers to an open and decentralized telecommunications network composed of interconnected public and private networks. It operates on a cooperative model, without guarantees regarding the quality or reliability of service between interconnected networks.

SLA (Service Level Agreement)

Refers to the service level commitments provided by STid.

STid

Refers to the simplified joint-stock company (SAS) with a capital of €1,300,000, registered under the Trade and Companies Register of Marseille under number 408 472 751, with its registered office at 20 PA des Pradeaux, 13850 GREASQUE, FRANCE.

User(s)

Refers to any natural or legal person utilizing the services of the Platform, accessible at https://stidmobile-id.com/ or https://secure.stidmobile-id.com/ for STid-hosted solutions, or at an address provided by the User’s IT department for self-hosted solutions.

Web Services Refers to STid’s online Platform management services, which use web-based interfaces to facilitate the communication and data exchange between applications and heterogeneous systems in distributed environments.