GENERAL TERMS OF USE

This is a translation. The French text is the only legally binding version of this document. Where this English translation and the French original differ, the French original prevails.

1. Purpose

These General Terms of Use (hereinafter the "GTU") define the conditions under which users access and use the SpineOS platform. The platform is published by Oussama Makni, sole trader (entrepreneur individuel, EI), trading under the commercial name "Spine Studio" (hereinafter "Spine Studio"), whose identity and contact details are given in the legal notice.

The platform is a cloud operating system for deploying, steering and supervising artificial intelligence agents capable of carrying out actions autonomously within virtualised computing environments.

The GTU apply to any person who uses the platform, whether acting as a consumer or for the purposes of a professional activity (hereinafter the "User").

The contractual terms of the free plan and of paid subscriptions (prices, right of withdrawal, legal guarantees, liability, mediation, applicable law) are set out in the General Terms of Sale (hereinafter the "GTS"), which supplement these GTU. The terms defined in the GTS, in particular "Consumer Client" and "Professional Client", have the same meaning in these GTU. In the event of a contradiction between the two documents, the GTS take precedence.

By creating an account, the User acknowledges having read these GTU and accepts them.

2. Access to the platform

2.1 Conditions of access: the platform is open to any person who holds an account, consumer or professional. Opening access may be subject to a waiting list. A Professional Client may authorise people to use the platform on its behalf, within the limits of its plan, and answers for their compliance with these GTU. The User provides accurate information when creating their account. Spine Studio may verify the legitimacy of an access and suspend fraudulent or unauthorised access under the conditions of article 12.

2.2 Identification and security: the User is responsible for the confidentiality of their login credentials. Any action carried out from their account is deemed to have been performed by them, unless proven otherwise. The User undertakes to adopt the measures necessary to safeguard their access, in particular by using secure equipment and by avoiding any sharing of credentials. In the event of compromise, the User must inform Spine Studio immediately.

3. Description of the services

The SpineOS platform allows the User to create, configure and operate autonomous AI agents within dedicated virtualised environments.

Each agent has a complete virtual workstation enabling it to carry out concrete actions, such as web browsing, running scripts, manipulating data or interacting with third-party services.

The User can interact with the agents through a conversational interface and supervise their actions in real time.

The platform offers in particular:

• task automation capabilities,
• supervision and monitoring tools,
• business-oriented plugins for specialising the agents,
• integrations with third-party systems.

Spine Studio develops the features of the platform under the conditions set out in article 11 of the GTS.

4. Obligations of the User

The User undertakes to use the platform in accordance with the laws and regulations in force and with these GTU.

It is for the User in particular to ensure that the instructions given to the agents are lawful, relevant and appropriate, and that the results produced are checked before any operational use.

The User warrants that the data, content and instructions transmitted to the agents do not infringe the rights of third parties and do not contravene any regulation.

The User is in particular expected to:

• supervise the actions of the agents,
• check the results produced,
• maintain appropriate human control,
• respect the rights of third parties and the applicable regulations.

5. Prohibited uses

Use of the platform must remain consistent with its purpose and with the applicable rules. It is strictly prohibited to use the platform for illegal or fraudulent activities, or for activities contrary to public order. Any attempt to misuse the platform, to circumvent technical limitations or to exploit it for competing purposes is likewise prohibited.

The following are prohibited in particular:

• the generation of unlawful or deceptive content,
• the circumvention of regulations,
• the disruption of the operation of the platform,
• reverse engineering or extraction of the technologies.

6. Artificial intelligence agents

6.1 Nature of the agents: AI agents are autonomous systems capable of carrying out actions in digital environments, on the basis of instructions provided by the User. They operate on probabilistic models and may produce unpredictable results.

6.2 Responsibility of the User: the User is the operator of their agents. The User is responsible for their configuration, the instructions given to them, the actions carried out on the User's instructions and the consequences that follow. Where the User is a Professional Client, any action performed by an agent is deemed to have been carried out under the User's control, unless proven otherwise. Where the User is a Consumer Client, this allocation of roles creates no presumption and does not change the burden of proof; Spine Studio's liability towards them is governed by article 18 of the GTS. Spine Studio plays no part in the operational execution of the tasks.

6.3 Limits of the agents: AI agents do not constitute professional expertise and must not be used as a substitute for human advice. The results produced may be inaccurate, incomplete or unsuitable. Human validation is necessary before any critical use.

6.4 No guarantee of result: the User decides how to use the AI agents and the results they produce. Spine Studio does not guarantee the accuracy of the content generated by artificial intelligence models. Towards a Professional Client, Spine Studio is bound by an obligation of means. A Consumer Client retains the benefit of the legal guarantees described in the GTS.

6.5 Secure mode: the platform may offer enhanced supervision features allowing, in particular, human validation steps or execution restrictions to be introduced. These features help the User keep control of the risks linked to the autonomy of the agents.

7. Availability and maintenance

Spine Studio implements reasonable means to ensure the availability of the platform. Temporary interruptions may occur on account of maintenance, updates, technical incidents or failures of third-party services. Spine Studio endeavours to keep them short. The consequences of an interruption are governed by the GTS, in particular by the legal guarantee of conformity from which a Consumer Client benefits.

8. Security

Spine Studio puts in place technical measures consistent with industry standards in order to ensure the security of the platform. The User nonetheless acknowledges that the risks inherent in the use of the internet cannot be entirely eliminated. It is for the User to take the precautions necessary to secure their access and their data.

9. Intellectual property

Spine Studio remains the exclusive owner of all rights relating to the platform, to the AI agents, to the associated technologies and to the components of the service. The User is granted only a limited, non-exclusive and non-transferable right of use. Any unauthorised use is strictly prohibited. The User retains their rights to the content and data they entrust to the platform.

10. Personal data

Spine Studio processes the Users' personal data relating to their account and to their use of the platform as data controller, under the conditions described in the Privacy Policy. Where a Professional Client processes personal data by means of the platform for the purposes of its business, in particular in the content transmitted to the agents, Spine Studio acts as processor, the Client remaining the data controller. The data processed may include identification data, connection data, content transmitted to the agents and technical logs. Spine Studio implements appropriate security measures to protect that data.

11. Liability

The User is responsible for the use they make of the platform and for the instructions they give to the AI agents. Spine Studio may not be held liable for decisions taken by the User on the basis of the results produced.

Spine Studio's liability is governed by article 18 of the GTS. Towards a Consumer Client, it is engaged under the conditions provided by law, with no contractual limitation. Towards a Professional Client, it is limited to the amount paid over the preceding twelve months and excludes in particular indirect damage, loss of data, financial loss or damage to reputation, except in the event of gross negligence or wilful misconduct.

12. Suspension or closure of an account

Spine Studio may suspend a User's access in the event of a breach of the GTU, of abusive use, or of a risk to the security of the platform or of other users. Except in an emergency, in particular a security breach or manifestly unlawful use, the suspension is preceded by a notification stating its reason and, where the breach can be remedied, by a period in which to remedy it. The suspension is proportionate to the breach and ends once the breach has ceased. Final closure of the account and termination of the contract take place under the conditions of article 8 of the GTS.

13. External links

The platform may contain links to third-party services. Spine Studio may not be held liable for the content or the operation of those services.

14. Amendment of the GTU

Spine Studio may amend these GTU. Any amendment is notified to Users by email or in the interface at least thirty (30) days before it takes effect, unless it results from a legal or regulatory obligation of immediate application. A User who refuses the amendment may terminate their contract at no cost before it takes effect, under the conditions of the GTS. Changes linked to the technical development of the platform are governed by article 11 of the GTS.

15. Governing law and jurisdiction

These GTU are governed by French law, without prejudice to the mandatory provisions that protect a Consumer Client. The applicable rules of jurisdiction, and a Consumer Client's right to use a consumer mediator free of charge, are set out in articles 22 and 23 of the GTS.

16. Acceptable use policy (AUP)

The User undertakes to use the platform reasonably and in accordance with its purpose.

The following are prohibited in particular:

• spam activity or unsolicited bulk sending,
• large-scale scraping, or scraping that circumvents protections,
• the unlawful extraction of data,
• abusive use of resources,
• any attempt to compromise the platform.

Any breach may result in suspension under the conditions of article 12.

17. Resource limitation (throttling)

In order to guarantee the stability and performance of the platform for all Users, Spine Studio implements automatic regulation mechanisms.

These mechanisms may result in:

• a limitation of performance,
• a restriction of the tasks executed,
• a temporary halt of the agents,
• a limitation of access to certain features.

These measures are temporary and proportionate to the need to preserve the service. They do not deprive a Consumer Client of the rights arising from the legal guarantee of conformity.