Terms

General Terms and Conditions of Sale Update and Effective Date of these General Terms and Conditions of Sale: 03/05/2024.

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

Article 1.1 – Designation of Parties

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

LEVIIA is the publisher of online data storage services in France for individuals and professionals (hereinafter “the Service” or “the Services”), marketed through the website www.leviia.com (hereinafter “the Website”).

“The Client” refers to any person subscribing to the Services by placing an online order on the Website or via an Order Form / Quotation as part of the contractual set (hereinafter “the Order Form”) according to the terms provided in these General Terms.

These General Terms aim to provide non-exclusive access to the Services by the Company for the Client’s own and personal needs.

Article 1.2 – Scope of the General Terms

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

These General Terms apply without restriction or reservation to any subscription of Services by the Client from LEVIIA. They specify, in particular, the Conditions of use of the Services and the Website of LEVIIA, order placement, payment, and provision of the Services ordered by the Client.

These General Terms may be supplemented by specific conditions concluded before any transaction with the Client.

These General Terms apply to the exclusion of all other conditions, particularly those of the Client or those applicable to other distribution channels of the Services.

Unless proven otherwise, the data recorded in the computer system of LEVIIA constitutes proof of all transactions concluded with the Client.

The Client declares having read these General Terms and having accepted them by ticking the box provided for this purpose on the Website before implementing the online order procedure. The validation of the Services order by the Client implies acceptance without restriction or reservation of these General Terms.

These General Terms may be subject to subsequent modifications, the version applicable to the Client’s subscription date is the one in force on the day the contract is concluded.

Article 1.3 – ISO 27001 & HDS certification

LEVIIA obtained the ISO 27001 (2017) & HDS (2018) Certification on 02/06/2023. Control audits are planned each year until the renewal audit scheduled for 2026.

ARTICLE 2 – THE SERVICES PROVIDED BY LEVIIA

Article 2.1 – Terms of Use of Services and Client’s Personal Space

To access the Services, the Client must:

  • Create their client space using their email address and a password of their choice (hereinafter “Personal Access Codes”).
  • Log in to their LEVIIA space with their Personal Access Codes.

Article 2.2 – Designation of Products

The Client purchases the Products available on the LEVIIA website:

  • LEVIIA Drive: a Cloud to store, edit, and share files. This product is intended for individuals, families, independents, and small businesses.
  • LEVIIA Drive Pro: a Cloud dedicated to professionals, for storage and collaboration. This product is aimed at ETIs, SMEs, and administrations.
  • LEVIIA Object Storage: unstructured data storage (S3 compatible) for businesses and administrations of all sizes.
  • LEVIIA Next: the deployment of massive NextCloud in terms of data (up to several petabytes) and users (up to several million).

Article 2.3 – LEVIIA Product Pricing

Services are provided at the prices in effect listed on the Website, at the time of LEVIIA’s registration of the order. Prices are expressed in Euros and in amounts excluding and including taxes. These rates are firm and non-revisable during their validity period, as indicated on the Website, LEVIIA reserving the right, outside this period of validity, to modify prices at any time.

The payment requested from the Client corresponds to the total amount of the Service subscription, including these fees. An electronic invoice is issued by LEVIIA and given to the Client upon provision of the ordered Services.

The prices listed 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 last SYNTEC index published on the date the present contract was established
  • S = value of the last SYNTEC index published on the revision date.

If the above index were to disappear, the Parties will replace it with a replacement index.

ARTICLE 3 – BILLING OF LEVIIA PRODUCTS

Article 3.1 – Generalities

LEVIIA proceeds with different types of billing according to the product subscribed to. Any period started is due. A Client wishing to unsubscribe during the period must pay for the services and variable consumption used during the period. LEVIIA has 6 months to carry out the billing and make adjustments.

Article 3.2 – Billing for Drive SOLO and Drive TRIBU offers

Billing for Drive SOLO and Drive TRIBU formulas is fixed according to the storage space chosen when placing the order.

Article 3.3 – Billing for the Drive PRO offer

Billing for the Drive PRO formula is calculated as follows: subscribed offer + variable consumption.

Variable consumption is defined as follows:

  • Actual consumption accounted for during the current period Taking into account the highest value reached Variable consumption is measured for the following metrics:
  • Number of registered users, in increments of 1 user Real storage volume in terabytes (TB), in increments of 1 terabyte

Article 3.3 – Billing for the Object Storage offer

Billing for the Object Storage formula is calculated based on the offer: pay-as-you-go or fixed rate.

Pay-as-you-go object storage is measured in real storage volume in terabytes (TB), in increments of 1 terabyte. It is defined as follows:

Actual consumption accounted for during the current period Taking into account the highest value reached during the current period In the context of a 15-day trial period for the LEVIIA Object Storage product, LEVIIA automatically converts the trial into an active subscription at the end of the 15 days if the Client has provided a valid payment method. In the absence of a payment method, the trial ends after 15 days.

Data deposited by the Client during the trial is automatically deleted 15 days after the end of the trial. This action is irrevocable.

ARTICLE 4 – ORDERING THE SERVICES PROVIDED BY LEVIIA

Article 4.1 – Pre-contractual Information and Client Acceptance

The Client acknowledges having been informed by LEVIIA in a legible and understandable manner, by making these General Terms available, prior to subscribing to the Service:

  • On the essential characteristics of the Services, in particular the specifications and indications of dimensions or capacity allowing him to acquire the Services knowingly, particularly regarding their Conditions of use. The Client must refer to the description of each Service to know its essential properties and characteristics;
  • On the price of the Services and the application of a personalized price based on automated decision-making and additional costs or, in the absence of payment of a price, on any advantage provided in place or in addition to it;
  • On the identity of LEVIIA and all its contact details;
  • On the right of withdrawal (existence, Conditions, deadline, modalities of exercise of this right and standard withdrawal form), the modalities of termination and other important contractual Conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct;
  • On the means of payment accepted.The fact for a Client to subscribe to the Services on the Website implies adherence and full and entire acceptance of these General Terms and obligation to pay for the Services ordered, which is expressly recognized by the Client, who renounces, in particular, to avail himself of any contradictory document, which would be inapplicable to LEVIIA.

Article 4.2 – Placing an Order

To be able to order the Service, the Client must have a client account. The Client creates their client account online on the Website. The Client provides all the required information (in particular email, identity, contact details, banking information, etc.) and commits to ensure that all the information thus provided is accurate and updated throughout the duration of the Contract.

From the activation of their Client Account, the Client can order Services.

It is the Client’s responsibility to select on the Website the Services they wish to order, according to the following modalities:

  • Information on the essential characteristics of the Service or service;
  • Choice of the Service and, if applicable, its options; Indication of the essential details of the client (identification, email, address…);
  • Acceptance of these General Terms;
  • Verification of the order elements and, if necessary, correction of errors;
  • Then, follow the instructions for payment.The registration of a subscription to Services on the Website is carried out when the Client accepts these General Terms by ticking the box provided for this purpose and validates their order. This validation implies the acceptance of the entirety of these General Terms as well as the General Conditions of use of the Website.

The subscription to the Service is final only after sending to the Client the confirmation of the acceptance of the order by LEVIIA by email.

Any order placed, validated by the Client and confirmed by LEVIIA, under the Conditions and according to the modalities described above, on the Website constitutes the formation of a contract concluded at a distance between the Client and LEVIIA.

Article 4.3 – Payment Methods

The price is payable in cash, in full on the day the order is placed by the Client according to the following modalities:

  • By bank cards: Bank Card, Visa, MasterCard,
  • By SEPA direct debit,
  • By the “Chorus pro” service for orders placed by the Administration.

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the Client may request the cancellation of the payment and the restitution of the corresponding amounts, subject to proving the said fraud to the company LEVIIA.

Payments made by the Client will only be considered final after effective collection of the amounts due, by LEVIIA.

Article 4.4 – Payment anomalies

In case of default or delay in payment, including partial payment, the Client is liable for late payment penalties payable the day following the payment deadline, and whose interest rate is three times the legal interest rate.

In addition, any delay in payment automatically entails the application of a flat-rate indemnity of forty (40) Euros, without prejudice to late payment penalties.

In the event of non-payment, the Services subscribed to by the Client will be suspended until such time as the Customer rectifies the situation. If the Client fails to rectify the situation within a commercially acceptable period of time, LEVIIA reserves the right to cancel the Client’s subscription. This action automatically and irreversibly deletes all data.

Article 4.5 – Right of Withdrawal

The Client has a period of 30 days from the order of the Services to exercise their right of withdrawal with LEVIIA, without having to justify reasons or pay penalties, for reimbursement. The right of withdrawal can be exercised by email to support@leviia.com.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Services is refunded.

The refund is not automatic upon deletion of an account and will be made within a maximum of fourteen days from the notification to LEVIIA of this explicit request for reimbursement.

Article 4.6 – Duration, End of the Contract, and Resolutive Clause

These General Terms take effect on the date of subscription of the Services by the Client for a duration set at the time of the order (hereinafter the “Effective Date of the Contract”) and for the duration of subscription of the Services.

The Contract will then be tacitly renewed, automatically and indefinitely for a period similar to the Initial Period, unless denounced by the Client at least 24 hours before the end by registered letter with acknowledgment of receipt (LRAR) or following the procedure provided on the Site for this purpose.

Each Party may terminate the contractual relationship in case of breach by the other Party of an essential provision of these General Terms, not corrected one (1) month after sending a formal notice addressed by registered letter with acknowledgment of receipt to the other Party, detailing the grievances in a detailed manner and referring to the provision of the General Terms concerned.

In case of termination by the Company due to the Client’s fault, this termination automatically and as of right leads to the forfeiture of the term for all other amounts owed by the Client to the Company, which become payable immediately, even before the agreed payment date, without prejudice to all additional damages and interests to which it could claim, in particular for the loss of margin resulting from the Client’s default.

ARTICLE 5 – THE RESPONSIBILITIES OF THE PARTIES

Article 5.1 – The Client’s Responsibilities

The Client is the sole guardian 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 Client undertakes to inform the Company without delay and by email, as soon as he becomes aware of it, of any risk of abuse or unauthorized use of his Personal Access Code.

It is the sole responsibility of the Client, at their own expense and responsibility, to equip themselves with the technical means, including Internet access (hardware, software, networks, etc.), and the competence necessary to access the Services and perform all permitted operations, without recourse against LEVIIA in case of damages resulting from a misunderstanding or manipulation, including for example in placing or canceling an order or in deleting data or information or entering incomplete or erroneous data or information.

The Client declares to LEVIIA the users who, under his sole responsibility, are the only ones authorized to access the Platform and use the Service (hereinafter the “Users”). The number of Users appearing when placing the order may increase against an increase in the agreed price. The Client thus undertakes to use only one user account per person. Account sharing and simultaneous connection of several people on the same user account are strongly discouraged because this action can generate conflicts and be in opposition to the quality of Service offered by LEVIIA.

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

Article 5.2 – LEVIIA’s Responsibilities

Subject to the elements provided by LEVIIA, LEVIIA does not intervene in the management of the Client’s contents (such as data, photos, files…) within the framework of the Services and prohibits itself from accessing said contents for purposes other than those required for the execution of the Services, such as maintenance.

The contents must be lawful and used in accordance with the rules of the art and current laws and regulations. Any use of illicit contents (for example, contents of a pedopornographic nature, contents advocating or inciting the commission of crimes against humanity, acts of terrorism, pedophilia, antisemitism, racism, or others, or contents inciting hatred towards people based on their sex, religion, sexual orientation or identity, or disability) or illicit or abusive use of contents (for example, fraudulent use of contents or use of contents in violation of rights belonging to third parties such as personality rights, copyright, patents, or trademarks, or other intellectual property rights) within the framework of the Services is prohibited and may give rise, at the discretion of the Company, to the right to proceed with the withdrawal of all incriminated data, possibly to suspend the Client’s access to the Service without further formalities or notice, to the deactivation of the client’s account and/or to the termination of the contract at the Client’s fault, without prejudice to any legal actions and claims for compensation that the Company reserves the right to undertake.

The use of the Personal Access Code by the Client, serves as proof of the Client’s use of the Service, this provision constituting a convention of proof under Article 1368 of the Civil Code (new numbering by Ordinance No. 2016-131 of February 10, 2016). Likewise, the constant use of the Service proves the conformity of the Service.

The Company guarantees that the data are stored on French territory.

Article 5.3 – Limitation of LEVIIA’s Warranty

The Services provided through the LEVIIA Website are in compliance with regulations in force in France. LEVIIA’s liability cannot be engaged in case of non-compliance with the legislation of the country from which the Client uses the Services, and it is the sole responsibility of the Client, who is responsible for the choice of the requested Services, to verify these regulations in force.

In case of non-conformity of the Services, the Client can demand the conformity of the defective Services, the free provision of a new conforming Service or, failing that, a reduction in price or the termination of the sale, under legal conditions.

It is also the responsibility of the Client to request from LEVIIA the conformity of the defective Services or the free provision of a new conforming Service. The conformity of the defective Service takes place within a period not exceeding thirty days following the Client’s request.

Warranty Exclusion:

LEVIIA cannot be considered responsible or at fault for any delay or non-performance resulting from:

The occurrence of a force majeure event, as defined in Article 1218 of the Civil Code. Non-compliance with the legislation of the country in which the Services are delivered, which the Client is required to verify before placing their order, In case of misuse of the Service by the Client.

Limitative Liability Clause:

In case of failure of LEVIIA to its contractual obligations, its liability cannot be sought beyond one year from the occurrence of the event generating it and subject to respecting the stipulations provided in these General Terms of Sale, and only in case of proven fault.

In all cases, LEVIIA does not guarantee any indirect damage, nor any prejudice resulting from a possible loss of turnover or activity, LEVIIA’s liability being in any case capped at the sum of one million five hundred thousand euros (1,500,000), which is equal to the amount of professional liability insurance subscribed by the Company.

Article 6 – DATA PROTECTION AND GDPR

Article 6.1 – Types of Personal Data at LEVIIA

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

  • Client Account Personal Data: they are necessary for the processing of the Client’s order and for all transactional communications. They are not linked to data deposited on LEVIIA servers.
  • Personal Data deposited by the Client: these are all the data and files present on LEVIIA’s servers. These data are linked to the subscription of an active LEVIIA subscription: that is to say, the purchase of a Service. These Personal Data are available as soon as the Client has an active Service.

Article 6.2 – Processing of Personal Data for the Ordering of Services

Regarding the data communicated by the Client (the Personal Data of the Client Account) within the framework of the subscription to the Services and in accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail and justifying their identity, to: support@leviia.com.

In application of Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, it is recalled that the nominative data requested from the Client are necessary for the processing of their order and the establishment of invoices.

Article 6.3 – Protection of the Client’s Personal Data Related to the Use of LEVIIA Services

The Data is stored through the Services provided by LEVIIA to the Client. The Client is responsible for the processing of their Personal Data processed by the various functionalities available on the Services, LEVIIA acting as a subcontractor.

LEVIIA accesses the Client’s Data in two ways:

  • To ensure the mission of LEVIIA defined in Article 5.2 (LEVIIA’s Responsibilities) depending on the product subscribed (list available in article 2.2 – Designation of Products).
  • For maintenance and support operations, to ensure quality and continuity of Service. The Client is informed and accepts that LEVIIA may, as part of a maintenance operation or a support request, access the administration of the Client’s account. In case of a support request from the Client, it must be made in writing to the address support@leviia.com or via the support form so that this request is followed in an internal ticket system. LEVIIA prohibits itself from using the Data it processes for purposes other than the execution of the contracted mission.

Article 6.4 – Data Subcontracting

LEVIIA uses subcontractors to provide its services to the Client: the list can be consulted at this link.

It is up to LEVIIA to ensure that the Subcontractor respects the obligations of this Contract and presents the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the Service meets the legal requirements, particularly the GDPR.

In case of a new or change of subcontractor, LEVIIA must inform the Client in advance.

The Client will have the option to refuse this change, for a legitimate documented reason, by registered letter with acknowledgment of receipt, at the latest one (1) month after the change notification made by LEVIIA.

In case of refusal by the Client, LEVIIA will have the option to terminate the Contract by notifying said termination in the form of a registered letter with acknowledgment of receipt, respecting a notice period of three (3) months.

Article 6.5 – Exercise of Rights of Individuals

LEVIIA has a procedure for the Exercise of Rights of Individuals. The Client must make a written request to the address support@leviia.com specifying the nature of their request (deletion, recovery…). LEVIIA undertakes to respond to this request within 7 working days and to keep a Register of Requests for Rights of Individuals.

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

By email at support@leviia.com By postal address to the attention of the DPO: 14 avenue de l’Europe, 77144 Montevrain.

Article 6.6 – Restitution and Deletion of Personal Data

At the expiration of the Contract and at the latest on the last day of the Contract, LEVIIA is obliged to delete all Personal Data of the Client and all existing copies. There can be no retention by LEVIIA for any reason whatsoever.

If the Client wishes to terminate their subscription before the due date, they are informed via a confirmation window of the automatic deletion of their data. The Client is informed that they must retrieve their data before terminating their subscription.

Unlike the Personal Data deposited by the Client, the data of the Client Account are kept by LEVIIA so that the Client can retrieve their invoices. The Client can make a written request to support@leviia.com for the deletion of the data of their Client Account.

Article 6.7 – Notifications in Case of Breach of Data Security

LEVIIA undertakes to inform the client of any Violation of Personal Data and to provide support to any request of the client and to the implementation of any measure to remedy it. In these cases, LEVIIA undertakes to:

  • Inform the client as soon as possible, and at the latest within 48 hours, after becoming aware of the Violation;
  • Provide all necessary elements to the client to assess the risks and impacts of this Violation and enabling them to take all necessary decisions and measures regarding its management and follow-up;
  • Provide the following detailed elements for any Violation and at a minimum: nature of the Violation, category and approximate number of people concerned or likely to be concerned, categories and volume of Personal Data impacted, probable consequences of the Personal Data Violation, assessment of potential damages and severity level, technical and organizational measures already taken or proposed to remedy it.

Article 6.8 – Notifications in Case of Communication of Personal Data

In case of judicial seizures involving Personal Data, the Client:

  • Acknowledges having read the Judicial Seizure Policy and declares accepting it without reservation.
  • Commits to respecting the Judicial Seizure Policy of LEVIIA.

The Client is invited to send their questions about the Judicial Seizure Policy of LEVIIA to support@leviia.com. LEVIIA undertakes to respond as soon as possible. Unless the notification is prohibited by applicable law, LEVIIA will inform the Client by email.

The Judicial Seizure Policy of LEVIIA describes the following steps:

  1. LEVIIA receives a judicial seizure request
  2. LEVIIA verifies the identity of the requester by providing a secure and password-protected deposit link.
  3. LEVIIA deletes the identity proof of the requester deposited as well as the deposit link
  4. LEVIIA sends all the Data to the requester in the form of an archive deposited on the LEVIIA application, and accessible via a secure link protected by password
  5. The requester retrieves the Data
  6. The requester confirms in writing the recovery of the data
  7. LEVIIA deletes the archive and the sharing link

Article 6.9 – Contractual Reference Related to the Hosting of Personal Health Data

Clients who host Personal Health Data via the subscribed LEVIIA Services must communicate to LEVIIA a contractual reference who will be the point of contact in case of incidents concerning the hosting of Health Data.

The communication of this reference must be made at the time of signing the contract at the address support@leviia.com.

ARTICLE 7 – INTELLECTUAL PROPERTY

Article 7.1 – LEVIIA’s Intellectual Property

The content of the Website (images, content, documents, design, etc.) is the property of LEVIIA and is protected by French and international laws relating to intellectual property.

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

Article 7.2 – The Client’s Intellectual Property

The Client declares to be the holder of the property or usage rights over the data hosted by the Company within the framework of this Contract and guarantees and indemnifies LEVIIA at first request from all damages, costs, expenses including the cost (fees and honoraria) of its defense.

The Client expressly authorizes the Company to list them as one of its commercial references and to use the name and logo of the Client for this purpose on the Site, as well as in all its communication and marketing materials (social networks, blog, press release, testimonials, …).

ARTICLE 8 – CONTINUITY AND AVAILABILITY REQUIREMENTS OF SERVICES

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 (credit)
99,999% – 95% Not applicable
94,9% – 80% 20% of the monthly cost of the service
79,9% – 60% 40% of the monthly cost of the service
<60% 50% of the monthly cost of the service
Monthly data resilience Service credit note (credit)
<100% 100%
DRIVE PRO
Monthly availability rate Service credit note (credit)
99,999% – 99% Not applicable
98,9% – 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 (credit)
<100% 100%
OBJECT STORAGE (STOCKAGE OBJET)
Monthly availability rate Service credit note (credit)
99,999% – 99,9% Non applicable
99,8% – 98% 20% du coût mensuel du service
97,9% – 60% 40% du coût mensuel du service
<60% 50% du coût mensuel du service
Monthly data resilience Service credit note (credit)
<100% 100%

By “Monthly Availability Rate,” it is understood as the total number of minutes of the considered month minus the number of minutes of Unavailability of the concerned month, all divided by the total number of minutes of the considered month.

By “Unavailability,” it is understood as the total number of minutes during which the Service was unavailable beyond 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 Client must make a written request for the issuance of service credit notes via the address support@leviia.com, these are not automatic and are subject to the analysis of the duration of the Unavailability by LEVIIA.

The service level commitments do not in any way concern the availability of elements that remain under the Client’s control, such as third-party software or applications installed and/or used by the Client.

In case of Unavailability, the Client must collaborate with LEVIIA in restoring the Service. They must report the incident and communicate all useful information for the diagnosis and intervention of LEVIIA. The Client commits to being continuously available to, among other things, respond to any additional information requests and to carry out all necessary tests and verifications. If needed, the Client gives access to their Management Interface to LEVIIA. Without collaboration, the Client cannot request the benefit of service credits.

By “Resilience,” it is understood as LEVIIA’s ability to make the data that were stored before a duly declared unavailability incident available to the Client again (see conditions above).

Article 8.2 Compliance with PGSSI-S

Applicable Standards The General Policy of Security of Health Information Systems sets the framework for securing Health Information Systems. As part of obtaining HDS Certification, LEVIIA commits to implementing a Service respecting the PGSSI-S in the context of the service.

The client commits to implementing a health information system respecting the PGSSI-S in the context of the service. Acceptance of these Conditions constitutes a commitment by the client to respect the applicable PGSSI-S standards as defined in legal and regulatory texts.

Article 8.3 – Management of Authorizations at LEVIIA and the PGSSI-S

LEVIIA has identified the different persons authorized to intervene in the context of providing the Hosting Service and determines the modalities for assigning access rights, such as validation, duration, revocation, suspension, modification, and deletion.

The identification and authentication systems used by LEVIIA comply with the standards mentioned in Article L. 1110-4-1 of the Public Health Code, particularly the standards of the general policy of security of health information systems (“PGSSI-S”).

Article 8.4 – The Parties’ Commitments Regarding the PGSSI-S

Throughout the duration of the Contract, the Client commits to implementing an information system respecting the PGSSI-S.

Throughout the duration of the Contract, LEVIIA:

  • Commits, within the framework of an obligation of means, to provide all necessary care to ensure the availability of the Solution and the Services.
  • Reserves the right to suspend the use of the Solution and the Services for any scheduled corrective or evolutionary maintenance operation, of which it will have previously informed the client at least three (3) days in advance.

ARTICLE 9 – TECHNICAL AND ORGANIZATIONAL MEASURES TAKEN BY LEVIIA

Article 9.1 – User Access Control User access is governed by:

For the Drive SOLO and TRIBU product: by the user creation system of the application. The creation of users is therefore the responsibility of the Client who creates the accounts, and the new user receives an invitation by email with their connection information. For the Drive PRO product: by the user creation system of the application. The creation of users is therefore the responsibility of the Client who creates the accounts and shares the connection information with their collaborators. For the Object Storage product: by the trial registration system via the leviia.com site.

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 a duration of 12 months and contain:

  • The IP address
  • The action carried out: creation, modification, movement, deletion
  • The file or folder concerned
  • The application used: web app, desktop application, mobile application

The browser used

Article 9.3 – Software Protection Measures

To ensure quality service, LEVIIA has implemented the following protection measures:

  • Anti-DDoS system of our host
  • Data encryption over the network: site accessible in https, use of TLS
  • Daily backup and daily supervision of incidents (see Article 9.4 Data Backup)
  • Monitoring of vulnerabilities and security flaws, with the implementation of fixes following their detection Change management policy, including environments and test procedures before making these changes available to the client

Article 9.4 – Data Backup

LEVIIA performs daily sliding “snapshots” for the Drive and Drive PRO products.

For the last 30 days regarding 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 time required to perform this restoration

For the last 180 days regarding the “Drive Pro” product, the cost of restoring these “snapshots” is included in the subscription.

The restoration request must be made to the address support@leviia.com.

In the context of the “Object Storage” product, it is up to the client to perform backups of their data.

Article 9.5 – Data Reversibility

Personal Data stored at LEVIIA are accessible in clear and without constraint or restriction from LEVIIA. The Client can access them at any time to manage and/or retrieve them.

In the case where the Client wishes to retrieve the data hosted at LEVIIA, they can make the request to support@leviia.com.

The Data Reversibility Policy describes the following steps:

  1. LEVIIA informs the Client of the loss of the HDS Certification and initiates the restitution of the Data, or the Client initiates a request for the Data Reversibility procedure
  2. LEVIIA sends the entirety of the Client’s Data in the form of an archive deposited on the LEVIIA application on the client’s account, and accessible via a secure link protected by a password
  3. The Client retrieves their data
  4. The Client confirms in writing the recovery of the data
  5. LEVIIA deletes the archive and the sharing link
  6. LEVIIA deletes all of the Client’s Data

ARTICLE 10 – ASSISTANCE

Article 10.1 – Assistance Policy

LEVIIA has an assistance policy for its clients according to the type of service subscribed to by the client. LEVIIA distinguishes two levels of assistance, normal and priority, determined as follows:

  • For the Perso, Expert, Solo, Team, and Tribe offers = normal assistance
  • For the Pro and Object Storage offers = priority assistance

LEVIIA’s assistance service is open Monday to Friday (excluding public holidays), from 9 am to 5 pm.

Article 10.2 – Managing Client Assistance

The client must report to LEVIIA any anomaly preventing or limiting their use of the Solution and Services by email at support@leviia.com.

The Client communicates all necessary information to LEVIIA to qualify the anomaly and facilitate its resolution, notably the description of the anomaly and its consequences on their use of the Solution and Services.

Provided that the Client has provided LEVIIA with sufficient information to qualify the anomaly, LEVIIA undertakes to intervene as soon as possible following and during the same time slots as for the assistance service provided for in Article 10.1 (Assistance Policy) of these General Terms and Conditions.

In any case, LEVIIA does not guarantee the client the ability to find a rapid or immediate solution, nor that the reported anomalies will 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 regard.

Any intervention by LEVIIA due to an anomaly not attributable to the Solution and/or LEVIIA will be invoiced to the client based on the current rate. This is notably the case:

  • In case of abnormal or illicit use of the Solution, or in a manner not in accordance with the provisions of the Contract,
  • In case of voluntary act of degradation, malice, or sabotage,
  • In case of an attempt to access or modify the source codes of the Solution,
  • In case of modification of the Solution itself by the client,
  • In case of intervention on the Solution by a third party mandated by the client and not previously authorized by LEVIIA, In case of failure of the operating systems, other software, network systems, telecom, and computers of the client or their provider responsible for hosting their Data.

ARTICLE 11 – AUDIT OF LEVIIA’S INFORMATION SYSTEM

Article 11.1 – Regular Audits of LEVIIA’s Information System

LEVIIA regularly commissions an independent audit to assess and document the relevance of the technical and organizational measures implemented in the context of the Hosting Service.

LEVIIA will regularly commission an independent audit to assess and document the relevance of the technical and organizational measures implemented in the context of the Hosting Service and will share a summary of the results of this audit and/or other related information that the Client may reasonably require, upon written request from the Client.

These informations are confidential information of LEVIIA and are protected under the business secrets (articles 151-1 et seq. of the Commercial Code). They may be subject to other reasonable confidentiality requirements (including, but not limited to, the execution of a separate confidentiality agreement).

Article 11.2 – Audits Conducted by the Client

During the execution of the Contract, within the limit of once per contractual year, the Client may at their own expense and responsibility, conduct an audit whose sole purpose is to verify the conformity of the Services provided by LEVIIA in execution of the Contract.

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

The audit is carried out by the Client or by a third party designated by them, on the double condition that this third party is not a direct or indirect competitor of LEVIIA and that they have concluded a confidentiality agreement, a copy of which will be submitted to LEVIIA for approval.

ARTICLE 12 – APPLICABLE LAW, LANGUAGE, AND DISPUTES

These General Terms and Conditions and the operations resulting from them are governed by French law. They are written in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

In case of a dispute and before any legal proceedings, the Parties commit to seek an amicable solution.

All disputes relating to the subscription of Services concluded under these General Terms and Conditions or their execution which could not be amicably resolved between LEVIIA and the Client, will be submitted to the competent courts within the jurisdiction of the Court of Appeal of PARIS.

The Client is informed that they can, in any case, resort to conventional mediation, particularly with the Commission of consumer mediation (C. consom. art. L 612-1) or with existing sectorial mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of dispute.

ANNEX 1 – WITHDRAWAL FORM

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

To the attention of:

LEVIIA

14 avenue de l’Europe, 77144 Montevrain

support@leviia.com

I hereby notify the withdrawal of the contract for the order of Services below:

Ordered on …………………………………………………………………….
Order number: …………………………………………………..
Client’s name: ………………………………………………………………….
Client’s address: …………………………………………………………….

Date and place: ……………………………

Client’s signature: