Preamble

INBLOCKS, a simplified joint-stock company registered with the Libourne Trade and Companies Register (33) under number 838450310 with its registered office at 13 Pey du Prat, 33420 Grézillac France (hereafter “INBLOCKS“) operates a solution relating to anchoring data in a blockchain-like data structure via its websites hosted on the domain inblocks.io (“the Site“).

The purpose of this document is to define the Terms of Service and Use of INBLOCKS Services. They constitute a legal and binding agreement between INBLOCKS and any user of the Site (the “User”). By subscribing to or using the Site or the Services, the User will be deemed to have read and accepted without reservation the current version of these Terms of Service.

Any special conditions potentially negotiated between INBLOCKS and the User shall prevail over these Terms of Service.

The terms used in this document are defined as follows:

The “User” means any natural or legal person using the INBLOCKS Services.

The “Services” provided by INBLOCKS are the features made available to Users via the Site such as the storage of data in a blockchain-like data structure.

The “data processor” is the company that performs data processing at the request of a data controller. Thus, INBLOCKS acts as a data processor to make its Services available to Users, who define the purpose and the means of the processing. INBLOCKS may also use secondary processors (“sub-processors”) to carry out data processing on its behalf.

The “User’s data” is understood as data processed by INBLOCKS on behalf of the Users within the framework of the performance of the Services subscribed.

“Personal data” means information relating to an identified or identifiable natural person.

The “Parties” shall mean INBLOCKS and the User.

1. Purpose of INBLOCKS services

INBLOCKS provides solutions relating to data storage in a blockchain-like data structure specifically designed to build proof-of-existence for any binary arbitrary data.

2. User account management

The use of INBLOCKS Services requires the creation of an online account.

The Users are responsible for the accuracy of the information they provide and undertake to update the information concerning them or to notify INBLOCKS without delay of any change affecting their situation.

The Users shall take all useful measures to maintain the confidentiality of access to their account.

In the event of fraudulent use of their account, the Users undertake to immediately notify INBLOCKS and change their access password without delay.

Any costs resulting from such unauthorised use shall be borne by the Users until INBLOCKS has been notified by them of such use.

INBLOCKS shall in no event be liable for material or immaterial damages resulting from the use of the account by a third party, with or without the Users’ permission.

INBLOCKS shall protect the integrity, confidentiality and administrative, material and technical security of the Users’ personal information.

3. Financial conditions

By subscribing to INBLOCKS Services, the Users agree to pay the price corresponding to the Services selected and to their country of residence.

Unless specifically otherwise stipulated, the prices of the Services subscribed shall be paid at the time of subscription and in the currency in which they were invoiced.

The prices displayed on the Site are exclusive of charges, and they do not include VAT. Additional charges shall be applied on the invoice according to the Users’ country of residence and applicable legal and regulatory provisions.

4. Use of the services

4.1 Compliance with applicable regulations

Each Party declares that it shall respect the regulations applicable to its activity.

In general terms, the Users shall guarantee that the information processed via the INBLOCKS Services does not contravene any legal or regulatory provision or a provision resulting from an international agreement applicable to them and in particular the provisions in force in France, in the State in which the User carries out their activity and in the State in which the persons appearing on the distribution lists reside, nor the rights of third parties.

The Users guarantee to INBLOCKS:

• that they have full power and authority to exploit and grant intellectual and industrial property rights and that these rights are in no way assigned, hypothecated, encumbered or in any way vested in a third party;
• that they have not and will not, by assignment to a third party or by any other means, do anything likely to compromise the use of intellectual and industrial property rights;
• that no litigation or proceedings are pending or about to be brought in relation to the intellectual property rights.

In addition, the Users shall undertake to guarantee INBLOCKS against any claim by third parties as well as any penalty that INBLOCKS may find itself imposed against it resulting from any non-compliance with this article.

4.2 INBLOCKS’s intellectual and industrial property rights

All programs, services, processes, designs, software, technologies, trademarks and trade names and inventions appearing on the Site, accessible via the Site or via the INBLOCKS Services , are the property of INBLOCKS or its licensors.

The Users shall undertake not to use, in any way whatsoever, the Site, the Services or any of the elements set out above for purposes other than those provided for herein.

4.3 Protection of the User’s personal data

INBLOCKS has taken all the necessary precautions to preserve the security of personal data and, in particular, to prevent it from being distorted or damaged or from unauthorised third parties having access to it.

These measures include the following:

• Multi-level firewall
• Encrypted data transmission using SSL/https/VPN technology
• Tier 3 and PCI DSS certified data centers

In addition, access to processing by INBLOCKS Services requires authentication of the persons accessing the data, by means of an individual access code and password, sufficiently robust and regularly renewed.

Data transmitted over unsecured communication channels shall be subject to technical measures designed to make such data incomprehensible to any unauthorised person.

4.4 Prohibited uses

The use of the INBLOCKS Services resulting from the subscription to the said Services is strictly personal and may not be rented or transferred free of charge or for a fee to a third party. In the absence of prior authorisation, the use of INBLOCKS is limited to only one account per User.

Any use of the Services that may damage, disable, or overload INBLOCKS’s infrastructure or networks connected to INBLOCKS’s servers, or interfere with the enjoyment of the Services by other Users, is prohibited.

Any attempt to access, without authorization, the Services, any other accounts, computer systems or other networks connected to an INBLOCKS server or any of the Services via hacking or any other method is prohibited.

Any use of the Services in violation of the rights of third parties is prohibited.

In the event of non-compliance with this article, INBLOCKS reserves the right to immediately block the Users’ access to their Services and to remove all information from their account without notice and without refund or any other form of compensation.

INBLOCKS reserves the right to refuse or limit service to accounts not complying with its Terms of Service.

5. Responsibilities and guarantees

5.1 Responsibilities and guarantees of INBLOCKS

Except in cases of force majeure, INBLOCKS guarantees to the Users the proper performance of its service rendered in compliance with these Terms of Service.

Any potential compensation due from INBLOCKS, to the User or to a third party, due to the liability of INBLOCKS, its subsidiaries or its partners, in respect of the performance of these conditions, shall not exceed the price paid by the User in return for the Service(s) giving rise to the said liability.

In no case shall INBLOCKS guarantee to the User the economic, image or information returns that the latter may expect from sending emails or SMSs in the context of these conditions.

INBLOCKS does not systematically control the content of messages sent by the Users to their distribution lists, which remains the responsibility of the Users.

In no case can INBLOCKS be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from the sending of emails or SMSs on behalf of the Users.

5.2 Responsibilities and guarantees of the Users

The Users shall solely be responsible for the content sent to the Site, in the context of the performance of these conditions.

The Users may be held liable for non-compliance with these Terms of Service, with INBLOCKS’s privacy policy or with any legal or regulatory provision or with a provision resulting from an applicable international agreement.

The Users guarantee INBLOCKS against any damage, any claim and any recourse of third parties resulting from a violation, by the Users, of the present Terms of Service, of the privacy policy of INBLOCKS or of any legal or regulatory provision, or a provision resulting from an applicable international agreement.

6. Changes to the use conditions, to INBLOCKS policies and to the offer

INBLOCKS may modify these Terms of Serviceand Privacy policy as well as its offer.

The Users will be informed of any changes by email or directly on their INBLOCKS.IO account and invited to accept this change to continue using the Services.

INBLOCKS’s Terms of Service and privacy policy as well as its offer updated with the latest changes are available at any time on the Site.

7. Duration – Termination

The present Terms of Service are in force for an indefinite period.

The Users may terminate their INBLOCKS account directly from the Site at any time.

In the event of termination by the Users, the sums paid in consideration of the INBLOCKS Services shall remain due to INBLOCKS.

In the event of non-compliance by the Users with these Terms of Service, with INBLOCKS’s privacy policy or with any legal or regulatory provision or one resulting from an applicable international agreement, INBLOCKS reserves the right to terminate the Users’ account subject to 15 days’ notice.

The termination will occur without notice in the event of non-compliance with the article “Use of Services” of these conditions.

8. Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of one of their obligations described in these Terms of Service results from a force majeure event.

Force majeure means any external event which was impossible to prevent and which was unforeseeable as interpreted by the jurisprudence of the French courts, and which prevents one of the Parties from performing their obligations or makes the performance of the same excessively onerous.

Expressly, the following will be considered cases of force majeure, in addition to those usually considered by the jurisprudence of the French courts, and without this list being restrictive:

• wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism,
• general or partial strikes, internal or external to the company, affecting a supplier or a national operator, lockouts, blockades of transport facilities or procurement for any reason whatsoever,
• natural disasters resulting in the destruction of infrastructure, such as fires, storms, floods, water damage,
• governmental or legal restrictions, legal or regulatory changes to forms of marketing, cases involving the suspension, cancellation or revocation of any authorisation by any relevant competent authority,
• interruptions of the network of INBLOCKS, its subcontractor or its supplier, as a result of computer breakdowns, blocking of telecommunications means, whether resulting from external attacks, interruptions to services by the access provider or other persons, and any other event not attributable to INBLOCKS, its subcontractor or its supplier, preventing the normal performance of the services rendered,
• interruptions of the power supply of more than 48 hours.

Each party shall notify the other party by registered letter with acknowledgement of receipt of any force majeure event.

9. Partial invalidity of the Terms of Service

The annulment of either of the clauses of the Terms of Service may not entail the annulment of the same in their entirety, provided however that the balance and the general economy of the agreement can be safeguarded.

10. Applicable Law – Attribution of jurisdiction

The Terms of Service are governed solely by French law.

Any dispute between the Parties arising from questions as to the validity, interpretation and/or performance, termination or breach of the Terms of Service shall be submitted by the first-acting Party to the Commercial Court of Libourne (33), including in the event of summary proceedings, guarantee claims and/or multiple defendants.

Annex 1 – Sub-processing

The User is informed, and expressly accepts, that INBLOCKS may have recourse to sub-processors within the context of the Services, who will have access/process the personal data entrusted by the User on their behalf. The list of the relevant processors is as follows:

The User is made aware that some of these sub-processors are located in countries outside the European Union, including in the United States, and, as such, the User expressly authorises INBLOCKS to transfer personal data outside the European Union. INBLOCKS undertakes to put in place all the necessary guarantees in order to supervise these transfers in compliance with the applicable rules.

In this context, the User shall expressly mandate INBLOCKS to sign, in its name and on its behalf, standard contractual clauses ” data controller to data processor ” with the sub-processors (see the standard clauses of the European Commission at the following address: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010D0087&from=EN).

In the event of modification of the list of its sub-processors, INBLOCKS will notify the User by email or by notification through the customer account, and the User will have the possibility to cancel the subscription in the event of an objection. It is specified that this notification will include any information relating to possible transfers of personal data outside the European Union.

When INBLOCKS uses sub-processors to carry out specific processing activities on behalf of and on the instructions of the User, the same data protection obligations as those laid down in these Terms of Service are imposed contractually on the sub-processors, in particular with regard to providing sufficient guarantees as to the implementation of the appropriate technical and organisational measures.

It is INBLOCKS’s responsibility to ensure that sub-processors provide sufficient guarantees to ensure that the processing meets the requirements of the GDPR. If the sub-processors do not fulfil their data protection obligations, it is recalled that INBLOCKS remains fully liable to the User for the performance by sub-processors of their obligations.