OCTÉ Group, including all of its subsidiaries (hereinafter referred to as "OCTÉ"), offers on its Websites various services intended for its professional customers, such as consulting product data sheets, downloading technical documentation, ordering products online, accessing a personalized customer area, and accessing the data collected by its connected products as well as controlling those products.

Access to and use of all or part of these sites and services implies unreserved acceptance of these Terms of Use ("ToU") by any user. Orders for products placed via the Sites are subject to the Terms and Conditions of Sale ("T&Cs") available on the Sites. The use of certain features is also subject to the Software License Agreement ("SLA") available on the Sites.

OCTÉ draws your attention to the importance of reading them carefully.

For any questions regarding the Sites or these Terms of Use, you may contact OCTÉ:

• by e-mail: adminholding@octe.eu
• or via the contact form available on the Sites.

Article 1 – Purpose

These Terms of Use govern the use of the Sites by any user, any natural person, whoever they may be, at least 18 years of age ("You"). They are intended in particular to define the conditions under which you may access and browse the Sites and create a Customer Account.

Article 2 – Site

The Sites are open to any internet user meeting the conditions set out in the "Purpose" article above, provided they have access to an internet connection.

The Sites allow you in particular to:

• Fill in a contact form, providing your name, e-mail address and, if you wish, a message, in order to be contacted by OCTÉ;
• Subscribe to the OCTÉ newsletter, in order to receive information about OCTÉ's news, activities and commercial offers;
• Create a customer account, under the conditions set out in the "Creating a Customer Account" article below;
• Order OCTÉ products, after having created your Customer Account;
• Access the history of orders placed (whether made online or by any other means), as well as the documents associated with each order;
• Access the data collected by OCTÉ connected products and benefit from a…

Article 3 – Customer Account

3.1 General Rules

To access the Sites, you must have internet access, the cost of which is your responsibility, and you acknowledge that:

• The reliability of transmissions is random, in particular due to the heterogeneous nature of the infrastructures and networks through which they pass;
• It is your responsibility to take any measures you deem appropriate to ensure the security of your connection device;
• Any connection device connected to the Sites is and remains under your sole responsibility, and OCTÉ cannot be held liable for any direct or indirect damage that may arise from your connection to the Sites.

3.2 Creation

In order to order products offered for sale on the Sites, you must create a Customer Account.

The creation of this Customer Account is reserved for professional customers, i.e. natural or legal persons acting within the framework of their commercial, industrial, craft or professional activity.

To create your Customer Account, you must complete a registration form and provide the following information:

• Your title;
• Your last name and first name;
• A valid contact e-mail address;
• A password of your choice.

By creating your Customer Account, you certify that you are a natural person over the age of 18, with the necessary legal capacity and acting for professional purposes. You undertake to provide accurate, complete and up-to-date information.

OCTÉ reserves the right to suspend or delete any account that does not comply with these conditions.

After creating your Customer Account, you will receive an e-mail confirming its creation and summarizing the information you have provided.

As your password is strictly personal and confidential, it is your responsibility to keep it safe and not to disclose it to anyone. Since you are solely responsible for keeping and using your password, you alone are liable for all consequences of any use of your Customer Account by you or by a third party, whether fraudulent or not, and you undertake to report to OCTÉ as soon as possible any fraudulent use of which you become aware.

3.3 Operation

Each time you log in to your Customer Account, you acknowledge that entering your e-mail address followed by your password constitutes identification on your part.

Your Customer Account allows you to:

• View and update the contact details provided when creating your Customer Account;
• View, update and delete a postal address;
• Subscribe to the OCTÉ newsletter;
• Browse the product catalog, access professional pricing, and place orders;
• View the history and details of all your orders since the creation of your Customer Account;
• View the administrative and technical documentation related to your order.

If you are subscribed to the OCTELIFT.TECH platform, your Customer Account also allows you to:

• Manage access rights for interaction with OCTÉ connected products;
• Access the data collected by OCTÉ connected products;
• Remotely control OCTÉ connected products.

To ensure the proper functioning of your Customer Account, you undertake to keep the personal information it contains up to date.

Subscription to the OCTELIFT.TECH platform is subject to the specific License Terms (contained in the SLA), which govern the terms of use, access, billing, and the rights and obligations of the Parties.

3.4 Commercial Information and Documents

The information appearing on the Sites, in particular catalogs, technical data sheets, electronic media, brochures, advertising materials or online publications, is provided for information purposes only.

OCTÉ reserves the right to modify this information at any time and without notice, without this incurring its liability or constituting a contractual commitment.

3.5 Deletion

You may request the deletion of your Customer Account at any time, without having to provide any specific justification, by submitting a written request to OCTÉ by e-mail, using the contact details indicated in the preamble.

The deletion of your Customer Account will be carried out by OCTÉ as soon as possible after receipt of your written request.

You are informed that OCTÉ may also delete a Customer Account that has no order in progress, in application of the regulations relating to the protection of personal data.

Article 4 – OCTÉ's Liability

OCTÉ undertakes to make its best efforts to ensure, as far as possible, access to, security of, and the proper functioning of the Sites.

That said, by browsing the Sites, you acknowledge that you are aware of the characteristics and limitations of the internet network, in particular its technical performance, the response times for consulting, querying or transferring data, and the risks relating to the security of communications.

Despite the care and effort it devotes to its Sites, OCTÉ does not guarantee that they will be free of anomalies or errors, that such issues can be corrected, that the Sites will operate without interruption or breakdown, that malfunctions attributable to third-party software — whether or not incorporated into or supplied with the Sites — will not occur, or that the Sites are compatible with the nature or configuration of your connection device.

You acknowledge that you are solely responsible for your use of the Sites and that OCTÉ disclaims all liability in the event of:

• Inconvenience or damage inherent to the use of the internet network, in particular in the event of suspension or interruption of access to the Sites due to an incident, line problem, service disruption, power outage, external intrusion, presence of computer viruses or corrupted files, maintenance or updating of the Sites, breach of Site data, or unauthorized access.
• Damage of any kind, foreseeable or unforeseeable (including loss of data, profits, revenue, business, opportunity, savings, earnings, etc.) arising from the use of or inability to access all or part of the Sites, or from any use you may make of them in breach of these Terms of Use.

Article 5 – Your Responsibility

By accessing the Sites, you specifically agree not to:

• Collect, in any way whatsoever, information about other visitors to the Sites, without their prior, express, written consent;
• Disrupt or attempt to disrupt the operation of the Sites, distribute viruses or any other technology likely to harm OCTÉ or other visitors to the Sites, cause saturation, flood the server, attempt to probe, scan or test the vulnerability of a system or network, or breach security or authentication measures, without having received OCTÉ's prior, express, written consent;
• Use robots, spiders, scrapers or any other automated process to access the Sites, for any reason whatsoever;
• Transfer your Customer Account to a third party without OCTÉ's prior, express, written consent.

Article 6 – Intellectual Property

All intellectual property rights relating to both the structure and content of the Sites, and in particular the graphic, textual or visual elements, images, sounds, videos, photographs, logos, trademarks, distinctive signs, tools, software, documents and data (hereinafter collectively referred to as "the Elements") are the exclusive property of OCTÉ or, as applicable, its partners. In the latter case, their use is carried out in compliance with the intellectual property rights held by the rights holders, in accordance with the authorizations or legal limitations applicable.

These Elements are made available to you free of charge, solely for use of the Sites and within the scope of normal use of their features.

When accessing and using the Sites, you undertake to respect the intellectual property rights of OCTÉ and its partners, failing which you may incur personal liability and be exposed to civil and/or criminal proceedings.

You are prohibited from reproducing, representing, publishing, transmitting, modifying, using, adapting, translating, distributing, assigning, exploiting or extracting, for commercial purposes or otherwise, all or part of the Elements, in any manner whatsoever, without OCTÉ's prior, express, written consent.

Notwithstanding the foregoing paragraph, you are authorized to download a copy of certain parts of the Sites onto a personal computer and/or to print them, exclusively for your personal and non-commercial use, provided that no modifications are made to the copied elements.

Article 7 – Hyperlinks

7.1 Hyperlinks from the Site

The Sites may contain hyperlinks redirecting to websites operated by third parties. These links are provided for information purposes only. OCTÉ exercises no control over these websites and disclaims all liability with regard to access to, content of, or use of these sites, as well as any damage that may result from consulting the information they contain, the decision to activate these hyperlinks being your sole responsibility.

7.2 Hyperlinks to the Site

No hyperlink may be created to the Site without OCTÉ's prior, express, written consent.

If you intend to create a hyperlink redirecting to the Sites, regardless of the medium, you must first contact OCTÉ in order to obtain its prior, express, written consent by sending an e-mail.

Article 8 – Applicable Law – Jurisdiction

If OCTÉ finds that you have violated any of the provisions of these Terms of Use, applicable legal provisions, or the rights of third parties, and after written notice to comply that has remained unsuccessful for more than eight (8) days — except in cases of serious cause justifying the absence of notice or the application of a shorter notice period — OCTÉ reserves the right to restrict, suspend or prohibit, temporarily or permanently, your access to the Sites and to your Customer Account.

Article 9 – Violation of the Terms of Use

OCTÉ reserves the right, at any time and without notice, to modify the operating rules of the Sites, to modify or delete all or part of their content, and to interrupt, temporarily or permanently, their accessibility, in particular in order to carry out any correction, maintenance or update operation.

OCTÉ reserves the right, at any time and without notice, to modify the content of these Terms of Use, such modifications being applicable as soon as they are posted online on the Sites. Consequently, you are invited to regularly consult these Terms of Use.

Article 10 – Modification of the Site and the Terms of Use

OCTÉ reserves the right to assign to third parties, in whole or in part, the rights and obligations arising from these Terms of Use, provided that they are assigned on the same terms or, at the very least, on terms that are no less advantageous to you.

Article 11 – Right of Assignment

As part of the use of its websites and online services, OCTÉ collects and processes personal data. As data controller, OCTÉ undertakes to process this data in accordance with applicable regulations, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Law No. 78-17 of 6 January 1978, as amended.

For more information, users are invited to consult the Privacy Policy available on the Site.

Article 12 – Miscellaneous Provisions

If any of the provisions of these Terms of Use are declared null or unenforceable pursuant to a law, regulation, or a final court decision, it shall be deemed unwritten and the other provisions shall remain in force.

The fact that OCTÉ does not avail itself, at any given time, of one of the provisions of the Terms of Use shall not be interpreted as a waiver of its right to do so at a later date.

Article 13. Applicable Law – Jurisdiction

These Terms of Use are governed by French law.

In the event of a discrepancy between different language versions of the agreement, the French version of these Terms of Use shall prevail between the Parties and shall be authoritative.