Terms

GENERAL TERMS AND CONDITIONS OF SALE APPLICABLE TO LEVIIA SERVICES

Date of update and entry into force of these General Terms and Conditions of Sale : on 06/20/2025

ARTICLE 1 – INTRODUCTION TO THESE GENERAL TERMS AND CONDITIONS OF SALE

Article 1.1 – Designation of the parties

LEVIIA, a simplified joint stock company with its registered office at 14 avenue de l’Europe, 77144 Montevrain, registered in the Meaux Trade and Companies Register under number 894137561, represented by Arnaud Méauzoone in his capacity as Chairman, hereinafter referred to as “LEVIIA” or the “Company”.

LEVIIA is a provider of data storage space services in France for private individuals and professionals (hereinafter referred to as “the Service” or “the Services”), marketed via the website www.leviia.com (hereinafter referred to as “the Website”).

“The Customer” refers to any person subscribing to the Services by means of an online order on the Web Site or via an Order Form / Quotation forming part of the contractual package (hereinafter “the Order Form”) in accordance with the terms and conditions set out in these General Terms and Conditions.

The purpose of these General Terms and Conditions is the non-exclusive provision of Services by the Company to the Customer for its own personal needs.

Article 1.2 – Scope of the General Terms and Conditions

The Client acknowledges having the required capacity to subscribe to LEVIIA’s Services. The choice and subscription to the Services are the sole responsibility of the Client.

These General Terms and Conditions apply without restriction or reservation to any subscription to Services by the Client with LEVIIA. They specify, in particular, the Conditions of use of the Services and of the LEVIIA Website, of placing orders, of payment and of supply of the Services ordered by the Customer.

These General Terms and Conditions may be supplemented by special Terms and Conditions agreed prior to any transaction with the Customer.

These General Terms and Conditions apply to the exclusion of all other Terms and Conditions, in particular those of the Customer or those applicable to other sales channels for the Services.

In the absence of proof to the contrary, the data recorded in LEVIIA’s computer system constitutes proof of all transactions concluded with the Client.

The Customer declares that he/she has read these General Terms and Conditions and has accepted them by ticking the box provided for this purpose on the Website before the online ordering procedure is implemented. Validation of the order for Services by the Customer implies acceptance of these General Terms and Conditions without restriction or reservation.

As these General Terms and Conditions may be subject to subsequent amendment, the version applicable on the date of the Customer’s subscription is that in force on the day the contract is concluded.

Article 1.3 ISO 27001 & HDS certification

LEVIIA obtained ISO 27001 (2017) & HDS (2018) Certification on 02/06/2023.

Find our certificates here (be informed that they are exclusively issued in French): https://interne.leviia.com/s/ZnIy.sadPiPPNdYJHYiA

Control audits are scheduled every year until the renewal audit, which is planned for 2026.LEVIIA certifies that no personal health data is transferred to a country outside the European Economic Area.

ARTICLE 2 – SERVICES PROVIDED BY LEVIIA

Article 2.1 – Terms of use of the Services and the Customer Personal Space

To access the Services, the Customer must :

  • Create your own customer area using your e-mail address and a password of your choice (hereinafter referred to as your “Personal Access Codes”).
  • Log on to your LEVIIA space using your Personal Access Codes.

Article 2.2 – Designation of Services

The following Services are available on the LEVIIA website according to the needs of the Customer, who chooses the Service he or she requires:

  • LEVIIA Drive: a Cloud for storing, editing and sharing files. This service is aimed at individuals, families, the self-employed and very small businesses.
  • LEVIIA Drive Pro: a Cloud dedicated to professionals, for storing and collaborating. This service is aimed at SMEs and public authorities.
  • LEVIIA Stockag3: unstructured data storage (S3 compatible) for businesses and administrations of all sizes.
  • LEVIIA Next: the deployment of NextCloud on a massive scale in terms of data (up to several petabytes) and users (up to several million).

Article 2.3 – LEVIIA Services rates

The Services are provided at the prices in force on the Website when the order is registered by LEVIIA. Prices are expressed in Euros and in amounts exclusive of tax and inclusive of VAT. These prices are firm and non-revisable during their period of validity, as indicated on the Website, LEVIIA reserving the right, outside this period of validity, to change prices at any time.

The payment requested from the Client corresponds to the total amount of the subscription to the Service, including these charges. An electronic invoice is drawn up by LEVIIA and given to the Customer when the ordered Services are provided.

The prices shown on the Website are indexed to the SYNTEC index and will be revised on the anniversary date of the contract by applying the following formula: P = Po x (S/So)

In which :

  • P = revised amount
  • Po = initial amount
  • So = value of the latest SYNTEC index published on the date this contract was drawn up
  • S = value of the latest SYNTEC index published on the revision date.

Should the above index disappear, the Parties will substitute a replacement index.

ARTICLE 3 – INVOICING FOR LEVIIA SERVICES

3.1 General information

LEVIIA carries out different types of invoicing depending on the Service(s) subscribed to. Any period started is due.  A Customer wishing to unsubscribe during a period must pay for the services and variable consumption used during the period.

3.2 Invoicing for Drive SOLO and Drive TRIBU offers

Invoicing for the Drive SOLO and Drive TRIBU packages is fixed according to the storage space chosen when the order is placed.

3.3 Invoicing for the Drive PRO offer

Invoicing for the Drive PRO package is calculated as follows: subscribed offer + variable consumption.

Variable consumption is defined as follows:

  • Actual consumption booked over the current period
  • The highest value achieved is taken into account

Variable consumption is measured for the following metrics:

  • Number of registered users, in increments of 1 user
  • Actual storage volume in terabytes (TB), in increments of 1 TB

3.4 Billing for the Storag3 (S3) offer

Storag3 is billed on a fixed-price basis. Storag3 is measured by capacity reservation. The Customer reserves a storage capacity corresponding to the number of TB it wishes to contract.

A person interested in the Service may benefit from a 15-day trial period on the LEVIIA Storag3 Service, by commercial agreement only. The data deposited by this person during this period will be automatically deleted 15 days after the end of the trial if it is not followed by an order. This action is irreversible and cannot give rise to a request from the person who benefited from the trial period.

ARTICLE 4 – ORDERING THE SERVICES PROVIDED BY LEVIIA

Article 4.1 – Pre-contractual information and customer acceptance

The Customer acknowledges having been informed by LEVIIA in a legible and comprehensible manner, by means of the provision of these General Conditions, prior to subscribing to the Service:

  • On the essential characteristics of the Services and in particular the specifications and indications of dimensions or capacity enabling him to subscribe to the Service of his choice with full knowledge of the facts, in particular with regard to its Conditions of Use. The Customer must refer to the description of each Service in order to know its properties and essential characteristics;
  • On the price of the Services and the application of a personalised price on the basis of automated decision-making and ancillary costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to it;
  • LEVIIA’s identity and contact details;
  • On the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions and, where applicable, on the costs of using distance communication technology, the existence of codes of good conduct;
  • On the methods of payment accepted.

The fact that a Customer subscribes to Services on the Website implies full and complete acceptance of these General Terms and Conditions and the obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against LEVIIA.

Article 4.2 – Placing an order

To be able to order the Service they have chosen, Customers must have a customer account. The Customer creates their customer account online on the Website. The Customer provides all the information required (in particular e-mail address, identity, contact details, bank details, etc.) and undertakes to ensure that all the information thus provided is accurate and kept up to date throughout the term of the Contract.

Once their Customer Account has been activated, Customers can order one or more Services.

It is the Customer’s responsibility to select the Services they wish to order on the Website, in accordance with the following procedures:

  • Information on the essential characteristics of the Service ;
  • Choice of Service and, where applicable, its options ;
  • Indication of the customer’s essential contact details (ID, email, address, etc.);
  • Acceptance of these General Terms and Conditions ;
  • Check order details and correct any errors;
  • Then follow the payment instructions.

The registration of a subscription for Services on the Website is completed when the Customer accepts these General Terms and Conditions by ticking the box provided for this purpose and validates his/her order. This validation implies acceptance of these General Terms and Conditions in their entirety.

Subscription to the Service is only definitive once LEVIIA has sent the Customer confirmation of acceptance of the order by e-mail.

Any order placed, validated by the Customer and confirmed by LEVIIA, under the Conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded remotely between the Customer and LEVIIA.

Article 4.3 – Payment terms

The price payable by the Customer, which appears on the invoice issued for the use of the Service(s) selected by the Customer, is payable in cash in full on the day the order is placed by the Customer, in accordance with the following terms and conditions:

  • By credit card: Carte Bancaire, Visa, MasterCard,
  • By SEPA direct debit,
  • Via the “Chorus pro” service for orders placed by the Administration.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums, subject to proving the said fraud to LEVIIA.

Payments made by the Client will only be considered final once LEVIIA has actually received the sums due.

Article 4.4 – Payment anomalies

In the event of non-payment or late payment, including partial payment, the Customer shall be liable for late payment penalties payable on the day following the payment deadline, at an interest rate equal to twice the legal interest rate.

In addition, any delay in payment shall automatically give rise to the application of a fixed penalty of forty (40) Euros, without prejudice to late payment penalties.

Failure to pay will result in the suspension of the Services subscribed to by the customer, until the situation is regularised by the customer. If the customer does not rectify the situation within a commercially acceptable period, LEVIIA reserves the right to cancel the customer’s subscription. This action automatically and irreversibly deletes the data.

Article 4.5 – Right of withdrawal

If the order for the Service is placed directly on the website without any intervention by LEVIIA, the Customer has a period of 30 days from the date of ordering the Services to exercise his/her right of withdrawal from LEVIIA, without having to justify his/her reasons or pay any penalty, in order to be reimbursed. The right of withdrawal may be exercised by sending an email to support@leviia.com.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Service(s) purchased will be reimbursed. Reimbursement is not automatic when an account is deleted and will be made within a maximum period of fourteen days from notification to LEVIIA of this explicit request for reimbursement.

However, the right of withdrawal does not apply to an order placed following the signature of a quotation sent by LEVIIA on the basis of requests made by the Customer.

Article 4.6 – Duration, termination of the contract and cancellation clause

These General Terms and Conditions come into effect on the date on which the Customer subscribes to the Service(s) for a period set at the time of the order (hereinafter the “Contract Effective Date”) and for the duration of the subscription to the Service(s).

The Contract will then be renewed tacitly, automatically and indefinitely for periods similar to the Initial Period, unless terminated by the Customer at least 24 hours before the expiry date by registered letter with acknowledgement of receipt (LRAR) or by following the procedure set out on the Site for this purpose.

Each Party may terminate the contractual relationship in the event of the other Party failing to comply with an essential provision of these General Terms and Conditions, which has not been rectified one (1) month after formal notice has been sent by registered letter with acknowledgement of receipt to the other Party, setting out the complaint(s) in detail and referring to the provision of the General Terms and Conditions concerned.

In the event of termination by the Company for fault on the part of the Client, such termination shall automatically and by operation of law result in the acceleration of all other sums owed by the Client to the Company, which shall become payable immediately, even before the agreed due date, without prejudice to any additional damages and interest to which the Client may be entitled, in particular in respect of the loss of margin resulting from the Client’s default.

ARTICLE 5 – LIABILITY OF THE PARTIES

Article 5.1 – Customer responsibilities

The Customer is the sole custodian and responsible for the Personal Access Code and undertakes not to communicate it to any third party under any pretext whatsoever, and to keep it strictly confidential.

The Customer undertakes to inform the Company immediately by e-mail, as soon as they become aware of any risk of misuse or unauthorised use of their Personal Access Code.

It is the sole responsibility of the Customer, at his or her own expense and under his or her sole responsibility, to acquire the technical resources, in particular Internet access (hardware, software, networks, etc.), and the necessary skills to access the Services and carry out all permitted operations, without recourse against LEVIIA in the event of damage resulting from misunderstanding or manipulation, including for example in the placing or cancellation of orders or in the deletion of data or information or the entry of incomplete or erroneous data or information.

The Client declares to LEVIIA users who, under its sole responsibility, are the only ones authorised to access the Platform and use the Service (hereinafter the “Users”). The number of Users indicated when the order is placed may increase in exchange for an increase in the agreed price. The Customer thus undertakes to use only one User account per person. The sharing of accounts and the simultaneous connection of several people to the same user account is strongly discouraged, as this action may lead to conflicts and conflict with the quality of service offered by LEVIIA.

The data hosted by LEVIIA, as well as the use of the Service by the Client for its own or internal needs, are the sole responsibility of the Client, who shall refrain from any fraudulent or illicit use of the Service.

The Customer’s content and data hosted by must be lawful and must be used in accordance with the rules of the art and the laws and regulations in force. Any use of illegal content (e.g. content of a child pornographic nature, content that advocates or incites the commission of crimes against humanity, acts of terrorism, paedophilia, anti-Semitism, racism or other, or content that incites hatred against persons on the grounds of their sex religion, sexual orientation or identity or disability) or illegal or abusive use of content (for example fraudulent use of content or use of content in violation of rights belonging to third parties such as personality rights, copyright, patents or trademarks or other intellectual property rights) as part of the Services is prohibited and may give rise, at the Company’s discretion, to the right to remove any offending data, possibly suspend the Customer’s access to the Service without further formalities or notice, deactivate the Customer’s account and/or terminate the contract to the detriment of the Customer, without prejudice to any legal proceedings and claims for compensation that the Company reserves the right to bring.

The sharing of data hosted by LEVIIA is the sole responsibility of the Client.

Article 5.2 – Responsibilities of LEVIIA

Subject to the elements made available by LEVIIA, LEVIIA does not intervene in the management of the Client’s content (such as data, photos, files, etc.) in the context of the Services and refrains from accessing said content for purposes other than the performance of the Services, such as maintenance.

The use of the Personal Access Code by the Customer shall constitute proof of the Customer’s use of the Service, this provision constituting an agreement of proof within the meaning of article 1368 of the Civil Code (new numbering by Order no. 2016-131 of 10 February 2016). Similarly, constant use of the Service proves the conformity of the Service.The Company guarantees that the data is stored in France.

Article 5.3 – Limitation of LEVIIA’s warranty

The Services provided through the LEVIIA website comply with the regulations in force in France. LEVIIA may not be held liable in the event of non-compliance with the legislation of the country from which the Customer uses the Services and it is the Customer’s responsibility, who is solely responsible for the choice of Services requested, to check the regulations in force.

If the Services are not compliant, the Customer may demand that the defective Services be made compliant, that a new compliant Service be supplied free of charge or, failing that, that the price be reduced or that the sale be terminated, in accordance with the Legal Terms and Conditions.

It is also the Customer’s responsibility to ask LEVIIA to bring the defective Services into conformity or to provide a new, compliant Service free of charge. The defective Service will be brought into conformity within a period not exceeding thirty days following the Customer’s request.

Warranty exclusions :

LEVIIA shall not be held responsible or liable for any delay or non-performance resulting therefrom:

  • In the event of force majeure, as defined in article 1218 of the French Civil Code.
  • Failure to comply with the legislation of the country in which the Services are delivered, which it is the Customer’s responsibility to check before placing their order,
  • If the Customer stores illegal data on the Service,
  • In the event of misuse of the Service by the Customer.

Limitation of liability :

In the event that LEVIIA fails to fulfil its contractual obligations, it may not be held liable for more than one year from the date of the event giving rise to the breach, subject to compliance with the stipulations of these General Terms and Conditions of Sale, and only in the event of proven fault.

In all cases, LEVIIA does not guarantee any indirect damage, or any prejudice arising from a possible loss of turnover or business, LEVIIA’s liability being in any event capped at the sum of one million five hundred thousand euros (1,500,000), which is equal to the amount of the professional liability insurance taken out by the Company.

ARTICLE 6 – DATA PROTECTION AND RGPD

Article 6.1 – Types of Personal Data at LEVIIA

LEVIIA distinguishes between two types of personal data, and treats them differently:

  • Customer account Personal Data: this is required to process the Customer’s order and for all transactional communications. It is not linked to the data deposited by the Customer on the LEVIIA servers.
  • Personal Data deposited by the Client: this refers to all data and files present on LEVIIA’s servers. This data is linked to an active LEVIIA subscription, i.e. the purchase of a Service. This Personal Data is available as soon as the Customer has an active Service.

Article 6.2 – Processing of Personal Data for ordering Services

With regard to the data communicated by the Customer (the Personal Data in the Customer Account) as part of the subscription to the Services and in accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has the right, at any time, to access, rectify, object to, delete and port all their personal data by writing, by post and providing proof of their identity, to: support@leviia.com.

Pursuant to Act 78-17 of 6 January 1978, as amended by Act no. 2018-493 of 20 June 2018, we remind you that the personal data requested from the Customer is required to process the order and to issue invoices.

Article 6.3 – Protection of the Customer’s Personal Data when using LEVIIA Services

The Data is stored by means of the Services provided by LEVIIA to the Customer. The Customer is solely responsible for the processing of its Personal Data handled by the various functions available on the Services, with LEVIIA acting as a subcontractor.

LEVIIA accesses Customer Data in two ways:

  • To carry out LEVIIA’s mission as defined in article 5.2 (LEVIIA’s responsibilities) depending on the product subscribed to (list available in article 2.2 – Product designation).
  • For maintenance and support operations, in order to ensure the quality and continuity of the Service. The Client declares that it is aware and accepts that LEVIIA may, as part of a maintenance operation or a support request, access the administration of the Client’s account. In the event of a support request from the Client, this must be made in writing to the address support@leviia.com or via the support form so that this request can be tracked in an internal ticket system.

LEVIIA undertakes not to use the Data it processes for any purpose other than the performance of the contractual assignment.

Article 6.4 – Data sub-contracting

LEVIIA uses subcontractors to provide its Services to the Client. The list of subcontractors can be accessed via the link below:

Leviia – List of subcontractors.

It is the responsibility of LEVIIA to ensure that the Subcontractor complies with the obligations of this Contract and presents the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the Service meets legal requirements, in particular the RGPD.

In the event of a new or changed subcontractor, LEVIIA must inform the Client in advance.

The Customer will have the option of refusing this change, for a documented legitimate reason, by registered letter with acknowledgement of receipt, no later than one (1) month after LEVIIA notifies the Customer of the change.

In the event of refusal by the Client, LEVIIA shall have the right to terminate the Contract by giving three (3) months’ notice by registered letter with acknowledgement of receipt.

Article 6.5 – Exercise of personal rights

LEVIIA has a procedure for exercising the so-called “People’s Rights” within the meaning of the RGPD (General Data Protection Regulation), namely mainly the following rights: right of opposition, right of access, right of rectification, right to erasure (known as the “right to forget”), right to limit processing, right to data portability. The Customer must send a written request to support@leviia.com specifying the nature of the request (deletion, recovery, etc.). LEVIIA undertakes to respond to this request within 7 working days and to keep a Register of Requests for Individual Rights.

LEVIIA has appointed a Data Protection Officer, in accordance with Article 37 of the RGPD, under the CNIL number DPO-80958, who can be contacted:

  • Send an e-mail to contact@leviia.com.
  • By post to the attention of the DPO: 14 avenue de l’Europe, 77144 Montevrain.

Article 6.6 – Return and deletion of Personal Data

At the end of the Contract and at the latest on the last day of the Contract, LEVIIA is obliged to delete all the Customer’s Personal Data and any existing copies. There shall be no retention by LEVIIA for any reason whatsoever.

If the Customer wishes to terminate their subscription before the expiry date, they will be informed via a confirmation window that their data will be automatically deleted. Customers are informed that they must recover their data before terminating their subscription.

Unlike the Personal Data deposited by the Customer, the Customer Account data is kept by LEVIIA so that the Customer can retrieve his/her invoices. The Customer may send a written request to support@leviia.com to have their Customer Account data deleted.

Article 6.7 – Notification in the event of a breach of Data Security

LEVIIA undertakes to inform the customer of any Personal Data Breach and to assist in any request from the customer and in the implementation of any measures to remedy the breach. In such cases, LEVIIA undertakes to:

  • Inform the customer as soon as possible, and no later than 48 hours, after becoming aware of the Violation;
  • To provide the customer with all the information necessary to assess the risks and impact of the Violation and to enable the customer to take all useful decisions and measures regarding its management and the action to be taken;
  • Provide the following details for any Breach and at least: nature of the Breach, category and approximate number of persons affected or likely to be affected, categories and volume of Personal Data affected, likely consequences of the Personal Data Breach, assessment of potential harm and level of seriousness, technical and organisational measures already taken or proposed to remedy the situation.

Article 6.8 – Notifications in the event of disclosure of Personal Data

In the event of judicial seizure of Personal Data, the Customer :

  • Acknowledges having read the Judicial Seizure Policy and declares that it accepts it unreservedly.
  • Undertakes to comply with LEVIIA’s Judicial Seizure Policy.

The Customer is invited to send any questions regarding LEVIIA’s Judicial Seizure Policy to support@leviia.com.  LEVIIA undertakes to reply as soon as possible. Unless notification is prohibited by applicable law, LEVIIA will inform the Customer by e-mail.

The LEVIIA Judicial Seizure Policy describes the following steps:

  1. LEVIIA receives a request for judicial seizure
  2. LEVIIA verifies the applicant’s identity by providing a secure, password-protected submission link.
  3. LEVIIA removes proof of the identity of the registered applicant and the registration link
  4. LEVIIA sends all the Data to the applicant in the form of an archive deposited on the LEVIIA application and accessible via a secure password-protected link.
  5. The applicant retrieves the Data
  6. The applicant confirms in writing that the data have been recovered
  7. LEVIIA deletes the archive and the share link

Article 6.9 – Contractual contact for the hosting of personal health data

Customers who host Personal Health Data via the LEVIIA Services subscribed to must provide LEVIIA with a contractual contact who will be the point of contact in the event of incidents concerning the hosting of Health Data.

This contact person must be notified when the contract is signed at support@leviia.com.

Article 6.10 Audit procedures by the Data Protection Officer (DPO)

In accordance with paragraph 4 of article R.1111-11 of the French Public Health Code, it is agreed that the following provisions will be applied to ensure that the rights of data subjects are respected:

  • Procedures for exercising rights: the rights of access, rectification, limitation, opposition, deletion and portability of data are guaranteed in accordance with the procedures described in articles 6.2 and 6.5 hereof.
  • Notification of breaches : LEVIIA undertakes to notify the controller of any personal data breach in accordance with Article 6.7.
  • Audits carried out by the DPO: The Data Protection Officer (DPO) is authorised to carry out audits relating to the processing of personal data. As such, he or she may access the relevant data, report any breaches observed, and coordinate his or her actions with the Customer, who is responsible for the processing.

ARTICLE 7 – INTELLECTUAL PROPERTY

Article 7.1 – Intellectual property of LEVIIA

The content of the Website (images, content, documents, design, LEVIIA logo and brand, etc.), excluding hosted content belonging to Clients, is the property of LEVIIA and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

LEVIIA is also the owner or valid user of all the programming codes and applications necessary for the operation of the Services.

Article 7.2 – Customer’s Intellectual Property

The Client declares that it is the owner of the rights of ownership or use relating to the data hosted by the Company under this Contract and guarantees and will indemnify LEVIIA at first request against all damages, costs and expenses, including the cost (fees and expenses) of its defence in the event of an action by a third party against the Client’s content which would have consequences for LEVIIA.

The Customer expressly authorises the Company to include the Customer as one of its commercial references and to use the Customer’s name and logo as such on the Site, as well as in all its communication and marketing media and documents (social networks, blog, press release, feedback, etc.).

ARTICLE 8 – SERVICE CONTINUITY AND AVAILABILITY REQUIREMENTS

Article 8.1 – Availability of LEVIIA Services (SLA)

Availability and performance indicators are regularly monitored by LEVIIA.

DRIVE PERSO
Monthly availability rate Service credit note
99,999% – 95% Not applicable
94,9% – 80% 10% of the monthly cost of the service
<80,0% 20% of the monthly cost of the service
Monthly data resilience Service credit note
<100% 100%

 

DRIVE PRO
Monthly availability rate Service credit note
99,999% – 99% Not applicable
98,9% – 98% 10% of the monthly cost of the service
<98% 20% of the monthly cost of the service
Monthly data resilience Service credit note
<100% 100%

 

OBJECT STORAGE
Monthly availability rate Service credit note
99,999% – 99,9% Not applicable
99,8% – 98% 20% of the monthly cost of the service
97,9% – 60% 40% of the monthly cost of the service
<60% 50% of the monthly cost of the service
Monthly data resilience Service credit note
<100% 100%

 

Monthly Availability Rate” means: the total number of minutes in the month in question less the number of minutes of Unavailability in the month in question, divided by the total number of minutes in the month in question.

Unavailability” means the total number of minutes during which the Service was unavailable for more than three (3) consecutive minutes. The Unavailability time is calculated by LEVIIA from the opening of the incident ticket via the address support@leviia.com.

The Customer must make a written request for credit notes to be issued via the address support@leviia.com. These are not automatic and are subject to LEVIIA’s analysis of the duration of the Unavailability.

Service level commitments do not under any circumstances concern the availability of elements that remain under the Customer’s control, such as third-party software or applications installed and/or used by the Customer.

In the event of Unavailability, the Customer must collaborate with LEVIIA to restore the Service. The Customer must declare the incident and communicate all information useful for the diagnosis and intervention of LEVIIA. The Customer undertakes to remain permanently available in order to respond to any request for additional information and to carry out all necessary tests and checks. If necessary, the Client will give LEVIIA access to its Management Interface. If the Client fails to cooperate, it will not be able to request the benefit of the Service Credits.

Resilience” refers to LEVIIA’s ability to make available to the Client the data that was stored prior to a duly declared incident of unavailability (see conditions above).

Article 8.2 – Technical changes and developments

In accordance with article R. 1111-11 of the French Public Health Code, LEVIIA undertakes to inform its customers of any changes or technical developments introduced by LEVIIA or imposed by the applicable legal framework.

Notification of technical changes :

LEVIIA will notify you in writing (email or message via the customer area) of any changes or technical developments that may affect the use of the Services.

This communication will include a description of the changes, their implementation date, and their potential impact on functionality or security.

Prior agreement from the Customer :

If the modifications or technical developments do not comply with :

  • The service levels (SLA) defined in article 8.1 ;
  • Security and compliance guarantees (articles 6.2 and 6.9),
    LEVIIA will seek the Client’s prior agreement before any implementation.
  • In the absence of a response from the Customer within 15 working days, the modifications will be deemed to have been accepted.

Exceptions:

Critical security patches or updates required by legal obligations may be applied without delay, subject to subsequent notification of the Customer.

Subcontracting :

Changes linked to the addition or replacement of subcontractors remain subject to the provisions of article 6.4.

ARTICLE 9 – TECHNICAL AND ORGANISATIONAL MEASURES TAKEN BY LEVIIA

Article 9.1 – User access control

User access is governed by :

  • For Drive SOLO and TRIBU: via the application’s user creation system. The creation of users is therefore the responsibility of the Customer who creates the accounts, and the new user receives an invitation by email with their connection details.
  • For the Drive PRO product: via the application’s user creation system. The creation of users is therefore the responsibility of the Customer, who creates the accounts and shares the connection information with his colleagues.
  • For the Storag3 product: via secure access to the LEVIIA dashboard.

Article 9.2 – Traceability measures

As part of the monitoring of its Information System (IS), LEVIIA has a system for logging user actions for the purposes of assistance and monitoring of the IS.

The logs are kept for 12 months and contain :

  • IP address
  • Action taken: create, modify, move, delete
  • The file or folder concerned
  • The application used: web app, desktop app, mobile app
  • The browser used

Article 9.3 – Software protection measures

In order to ensure a quality service, LEVIIA has put in place the following protection measures:

  • Our host’s anti-Ddos system
  • Encryption of data on the network: site accessible using https, use of TLS
  • Daily backup and daily monitoring of incidents (see article 9.4 Data backup)
  • Monitoring vulnerabilities and security flaws, and implementing patches as soon as they are detected
  • Change management policy, including test environments and procedures before changes are made available to the customer

Article 9.4 – Data backup

LEVIIA produces sliding snapshots once a day for Drive and Drive PRO products:

  • For the last 30 days for the “Drive” product, the cost of restoring these snapshots depends on :
  • The total weight of the data to be restored
  • The number of files to be restored
  • The deadline for restoration
  • For the last 180 days for the Drive Pro product, the cost of restoring these snapshots is included in the subscription.

Requests for restoration should be sent to support@leviia.com.

In the case of the “object storage” product, it is the customer’s responsibility to back up their data.

Article 9.5 – Data reversibility

General case :

The Personal Data stored at LEVIIA is accessible unencrypted and without constraint or restriction on the part of LEVIIA. The Client may access it at any time in order to manage and/or retrieve it.

If the Customer wishes to retrieve the data hosted by LEVIIA, it may send a request to support@leviia.com.

The Data Reversibility Policy comprises the following steps:

  1. LEVIIA informs the Client of the loss of HDS Certification and initiates the return of the Data, or the Client initiates a request for a Data Reversibility procedure.
  2. LEVIIA sends all Customer Data in the form of an archive deposited on the LEVIIA application on the customer’s account, and accessible via a secure password-protected link.
  3. The Customer recovers his data
  4. The Customer confirms in writing the recovery of the data
  5. LEVIIA deletes the archive and the share link
  6. LEVIIA deletes all Client Data

Specific reversibility applicable to the hosting of health data :

In accordance with 12° to 14° of article R.1111-11 of the French Public Health Code, LEVIIA undertakes, in the event of termination or early termination of the service, to :

  • Return all the data entrusted to it under the service, in standard, readable and usable formats (e.g. CSV, SQL), allowing health data to be ported;
  • Provide the refund within a maximum of thirty (30) calendar days from the Customer’s written request;
  • Delete all copies, including back-ups, within a maximum of sixty (60) days following confirmation of data recovery, by secure and traceable deletion;
  • Inform the Customer in advance of the estimated costs and the timetable for delivery, which may vary according to :
  • the total volume of data to be returned ;
  • the chosen output formats;
  • specific technical arrangements (transfer via secure media, moving virtual machines or containers, etc.).
  • Article 9.6 – Guarantees in the event of default

In accordance with 10° of article R.1111-11 of the Public Health Code, LEVIIA will inform the Client of the guarantees and procedures put in place to cover any possible default on its part:

  • Backups: Daily snapshots are made for Drive and Drive PRO products in accordance with the procedures specified in article 9.4. These backups enable restoration within the time limits specified, depending on the type of package subscribed to.
  • Business Continuity and Recovery Plan (BCP-BRP): LEVIIA has implemented a single documented business continuity and recovery plan to ensure the continuity and subsequent recovery of critical Services in the event of a major incident. This plan includes the redundancy of data, infrastructures and supervision points, in accordance with the commitments mentioned in article 8 (Requirements for continuity and availability of Services).
  • Liability in the event of an incident: In the event of an incident affecting the availability or integrity of data, LEVIIA undertakes to inform the Client without delay in accordance with the procedures set out in article 6.7. LEVIIA is liable within the limits set out in article 5.3 hereof, particularly with regard to exclusions and compensation ceilings.
  • LEVIIA makes available to the Client, on request, a summary of its incident and failure management plan, subject to a confidentiality undertaking.

ARTICLE 10 – ASSISTANCE

Article 10.1 – Assistance policy

LEVIIA has a policy of providing assistance to its customers depending on the type of service subscribed to by the customer. LEVIIA distinguishes between two levels of assistance, normal and priority, the latter being determined as follows:

  • For Personal, Expert, Solo, Team and Tribe packages = normal assistance
  • For Pro and Storage Object offers = priority support

The LEVIIA helpdesk is open from Monday to Friday (excluding public holidays), from 9am to 5pm.

Article 10.2 – Customer assistance management

The customer must notify LEVIIA of any anomaly preventing or limiting their use of the Services by email to support@leviia.com.

The Client shall provide all the information necessary for LEVIIA to qualify the anomaly and promote its resolution, in particular a description of the anomaly and its consequences on the Client’s use of the Services.

Provided that the Customer has provided LEVIIA with sufficient information to qualify the anomaly, LEVIIA undertakes to intervene as soon as possible and at the same times as for the assistance service provided in article 10.1 (Assistance Policy) of these General Terms and Conditions.

In any event, LEVIIA does not guarantee the customer that it will be able to find a rapid or immediate solution, nor that the anomalies reported can always be corrected, particularly if the anomaly proves to be complex and requires in-depth investigations. The Contract excludes the application of any penalty in this respect.Any intervention by LEVIIA due to an anomaly not attributable to the Services and/or LEVIIA will be invoiced to the customer on the basis of the current tariff. This is particularly the case :

  • In the event of abnormal or illicit use of the Services, or in a manner that does not comply with the provisions of the Contract,
  • In the event of a deliberate act of damage, malice or sabotage,
  • In the event of an attempt to access or modify the source codes of the Services,
  • If the Customer modifies the Services,
  • In the event of intervention on the Services by a third party commissioned by the client and not previously authorised by LEVIIA,
  • In the event of failure of the operating systems, other software, network systems, telecoms and computers of the customer or its service provider in charge of hosting its Data.

ARTICLE 11 – AUDIT OF LEVIIA’S INFORMATION SYSTEM

Article 11.1 – Regular audits of the LEVIIA Information System

LEVIIA regularly commissions an independent audit to assess and document the appropriateness of the technical and organisational measures implemented as part of its Services.

LEVIIA will regularly commission an independent audit to assess and document the adequacy of the technical and organisational measures implemented as part of its Services, and will share a summary of the results of such audit and/or such other related information as the Customer may reasonably require, upon written request from the Customer.

This information is confidential information of LEVIIA, and is protected as a business secret (articles 151-1 et seq. of the French Commercial Code). It may be subject to other reasonable confidentiality requirements (including, but not limited to, the execution of a separate confidentiality agreement).

Article 11.2 – Audits carried out by the Customer

During the performance of the Contract, the Client may, up to once per contractual year, have an audit carried out at its own expense and under its own responsibility, the sole purpose of which is to verify the compliance of the Services provided by LEVIIA in performance of the Contract.

This audit is notified by the Client to LEVIIA by registered letter with acknowledgement of receipt detailing the protocol to be followed, the methods used and the data audited, thirty (30) Working Days before the planned date of its implementation.

The audit will be carried out by the Client or by a third party appointed by the Client, provided that the third party is not a direct or indirect competitor of LEVIIA and that it has signed a confidentiality agreement, a copy of which will be given to LEVIIA for approval.

  • With regard to audit operations carried out by Clients, the following is specified:
  • Customers have the option of auditing their hosted Data only (whether in a specific or shared environment), with a trusted technical partner (who must contact LEVIIA to confirm the technical possibility of implementing their test) and undertake to provide LEVIIA with an audit report,
  • On request, customers can obtain access logs for their DSCP (Personal Health Data).
  • Customers can obtain the latest HDS audit report on request.
  • Customers can obtain a summary of the pentest reports produced on the LEVIIA Global Information System on request.

These requests should be sent to the following address: support@leviia.com

ARTICLE 12 – APPLICABLE LAW, LANGUAGE AND DISPUTES

These General Terms and Conditions and the transactions arising from them are governed by French law. They are written in French. If they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

In the event of a dispute, and prior to any legal proceedings, the Parties undertake to seek an amicable solution.

All disputes relating to the subscription to Services concluded in application of these General Terms and Conditions or to their performance that cannot be resolved amicably between LEVIIA and the Client will be submitted to the competent courts within the jurisdiction of the PARIS Court of Appeal.

The Customer is informed that he may, in any event, have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

APPENDIX 1 – WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.leviia.com, except in the case of exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions.

For the attention of :

LEVIIA

14 avenue de l’Europe, 77144 Montevrain

support@leviia.com

I hereby give notice of withdrawal from the contract relating to the order for the following Services:

  • Ordered on …………………………………………………………………….
  • Order number: …………………………………………………..
  • Customer name: ………………………………………………………………….
  • Customer address: …………………………………………………………….

Date and place: ……………………………

Customer’s signature :