General Terms and Conditions of Sale

Translation provided for information purposes only. Only the French version is legally binding.

International Zone — version of 29 September 2026

1. Purpose and scope

These General Terms and Conditions of Sale (GTCS) govern the subscription, invoicing, duration and termination of the Klytic services (Klytic Mail, Klytic Docs, Klytic CRM, Klytic Tel, Klytic MTA and related services) provided by DEDICACE SOFTWARE, an SAS with share capital of 10 000 €, registered office at 4 route de la Côte à Bournet, 16440 Mouthiers-sur-Boëme, France, SIRET 531 466 167 00032 (hereinafter “the Provider”), to business customers (hereinafter “the Client”) located outside the following zones, which have their own General Terms and Conditions of Sale: Europe; Mauritius and the Indian Ocean; Morocco and continental Africa.

The specific conditions of use of each service are set out in the Terms of Use specific to the service concerned. Any order implies unreserved acceptance of these GTCS and, where applicable, of the Terms of Use applicable to the service(s) subscribed.

The Client also undertakes to comply with the Klytic Code of Ethics when using the services provided by the Provider. This Code sets out the principles and rules of good conduct applicable to the use of the Klytic services. It is permanently available on the Klytic website on the Code of Ethics page.

These GTCS prevail over any other document of the Client.

2. Services

The characteristics of the services are described on the klytic.com website and in the quotation or purchase order accepted by the Client.

The Client freely chooses:

- the hosting mode (Klytic cloud, dedicated server, on-premises installation at the Client’s site or hybrid);
- the services subscribed;
- the number of users;
- the storage volumes and, where offered, the level of resources or sizing corresponding to its needs.

It is the Client’s responsibility to ensure that the capacities subscribed are suited to its use and to anticipate any change in its needs.

Subscribing to a service entails acceptance of and compliance with the Terms of Use specific to the service concerned. These Terms of Use specify the particular conditions of use, the features and, where applicable, the technical rules specific to the service.

The applicable Terms of Use are those of the service or services actually subscribed by the Client, in particular:

Klytic Mail;
Klytic Tel;
Klytic Docs;
Klytic CRM;
Klytic MTA.

Where several services are subscribed, the Terms of Use specific to each of the services subscribed apply cumulatively.

The Terms of Use are accessible on the Provider’s website and are brought to the Client’s attention when subscribing to the service concerned.

In the event of any conflict between these GTCS and the Terms of Use of a service, these GTCS prevail for the provisions relating to orders, prices, invoicing, duration, commitment and termination. The Terms of Use prevail for the provisions specific to the features, technical arrangements and conditions of use of the service concerned.

3. Orders and free trial

The order is formed by the acceptance of a quotation, the signature of a purchase order or online subscription. The Provider may offer a free trial period of 30 days; at the end of that period, the service is interrupted unless the Client confirms the order.

4. Duration and termination

Any initial order for a service implies a firm commitment for a minimum term of six months, corresponding to the minimum required subscription period. This commitment runs from the date of subscription to the service.

Monthly subscriptions are invoiced monthly and are tacitly renewable. They may be terminated at any time, subject to compliance with the six-month minimum commitment term, with effect at the end of the current billing period.

Any modification, adjustment or upgrade of a service during the subscription, whether it occurs during or after the initial commitment period, shall not cause a new six-month commitment to run nor extend the current commitment term. Unless expressly agreed otherwise, the initial commitment term remains unchanged.

Termination may be effected in writing (email or letter), or directly from the online shop, the customer portal or the services administration console, depending on the features available.

5. Prices and payment

The applicable prices are those stated in the quotation or, failing that, those shown on the “Pricing” page in force on the date of the order. They are expressed exclusive of taxes, per user and per month, in euros.

Taxes, duties and any withholding taxes applicable in the Client’s country, as well as bank and currency exchange charges relating to payment, shall be borne by the Client.

Subscriptions are invoiced in advance, monthly. Monthly invoicing does not alter the six-month minimum commitment term applicable to any initial order for a service.

Invoices are payable upon receipt, by direct debit, bank transfer or bank card. Any late payment automatically entails the application of penalties at a rate of three times the legal interest rate, together with a fixed indemnity of 40 € for recovery costs. In the event of late payment, the Provider may suspend the service after a formal notice has remained without effect for fifteen days.

The Provider may change its prices subject to one month’s notice. In the event of a price increase, the Client may terminate the service or services concerned free of charge, subject to compliance with the applicable termination procedures.

6. Obligations of the Provider

The Provider implements the means necessary for the proper performance of the services and targets an availability rate of 99.9 % (99.95 % for the Enterprise and dedicated server offers), excluding scheduled maintenance operations and cases of force majeure. For services hosted by the Provider, email data is subject to a daily encrypted backup retained for 30 days. This is an obligation of means.

7. Obligations of the Client

The Client uses the services in accordance with the law, their intended purpose, these GTCS, the applicable Terms of Use and the Klytic Code of Ethics.

In particular, the Client shall refrain from sending unsolicited bulk messages, disseminating unlawful content and any breach of the security of systems. The Client is responsible for the confidentiality of its users’ credentials and for the content it processes. For an on-premises installation, the Client provides and maintains the infrastructure in the required condition.

The Client also ensures that its users, employees, contractors or any other person to whom it grants access to the services comply with these same obligations.

8. Personal data and confidentiality

With regard to the personal data it processes on behalf of the Client in the course of performing the services, the Provider acts as a processor within the meaning of the applicable personal data protection legislation, in particular Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”), to which it is subject as a company established in the European Union, and, where applicable, the legislation applicable in the Client’s country.

The respective roles and obligations of the Provider and the Client with regard to personal data protection are set out in a data processing agreement (DPA) entered into between the parties.

The Client remains responsible for the lawfulness of the processing it carries out by means of the services, for determining its purposes and means where it acts as controller, and for complying with its obligations regarding information, retention, security and, where applicable, obtaining the necessary consents.

The Provider processes the Client’s data solely for the purpose of performing the services, in accordance with the Client’s documented instructions and the applicable contractual documents. It does not exploit such data for its own commercial purposes, does not sell it and does not transfer it to third parties for exploitation purposes.

The Provider implements appropriate technical and organisational measures to ensure the security, confidentiality, integrity and availability of the data entrusted to it, in accordance with the characteristics of the service subscribed and the obligations applicable to it.

The Client’s data is not transferred outside the chosen hosting zone for hosting or processing purposes by the Provider, except with the Client’s agreement, where technically necessary as provided for by the service, where an authorised sub-processor is used under the conditions set out in the DPA, or where required by a legal or regulatory obligation.

Each party undertakes to preserve the confidentiality of the information, documents, data and technical or commercial elements of the other party of which it may become aware in the course of performing the contract and which are confidential in nature or which, by their nature, must reasonably be regarded as such.

This confidentiality obligation remains applicable throughout the term of the contract and after its termination, for as long as the information concerned has not lawfully become public.

9. Sovereignty, location and control of data

The Provider offers hosting solutions designed to enable the Client to retain control over its data, its location and access to its services.

Location and legal framework
The Client chooses, depending on the offers and services available, the country or geographical zone in which its data is hosted. The hosting zone is chosen according to the legal, regulatory or contractual requirements applicable to the Client, in particular those relating to data protection and data localisation.

Hosting may in particular be provided:
- on shared Klytic infrastructure;
- on Klytic infrastructure dedicated to a Client;
- on infrastructure made available or operated at the Client’s premises;
- on a server owned by the Client or made available to it by a third party, where this configuration is offered and technically compatible with the service.

Where the Client chooses a geographical hosting zone, the Provider undertakes to keep the data within the chosen zone, subject to the technical operations necessary for the operation, security, maintenance, backup and continuity of the service, and to the applicable legal or regulatory obligations.

No transfer of data to another geographical zone for hosting or processing purposes is carried out by the Provider without the Client’s agreement, except where such transfer is required by a legal or regulatory obligation or is strictly necessary for the technical operation of the service under the conditions provided for in the contract.

Encryption and data protection
The Provider implements encryption mechanisms suited to the services offered in order to protect the Client’s data against unauthorised access.

Encryption, communications protection and infrastructure security measures are implemented in accordance with the technical characteristics of the service subscribed.

The Provider does not exploit the Client’s data for its own purposes and does not transfer it to third parties.

In the normal operation of the services, the Client’s data is not accessed by the Provider and is not transferred to third parties for exploitation or processing purposes, subject to the technical operations necessary for the performance of the services, the services expressly requested by the Client and the applicable legal or regulatory obligations.

Access control by the Client
The Client retains control over access to its services and holds the administration rights corresponding to the level of service subscribed.

The Client is responsible for managing the accounts, access rights, passwords, authentication means and authorisations it grants to its users and administrators.

The Provider cannot be held liable for the consequences resulting from access granted by the Client, from improper management of authorisations or from the compromise of an account under the Client’s responsibility.

Where the architecture of the service allows, administration operations may be carried out directly by the Client using the interfaces and means of access made available to it.

Infrastructure models
The sovereignty offered by Klytic may be implemented according to several infrastructure models.

Under shared Klytic infrastructure, several client environments or instances may be hosted on the same physical infrastructure while remaining logically isolated from one another.

Under dedicated infrastructure, the server’s hardware resources are allocated exclusively to the Client concerned, in accordance with the characteristics of the offer subscribed.

For hosting at the Client’s premises or on a server owned by the Client or made available to it by a third party, the hosting arrangements and the respective responsibilities of the parties are defined in the quotation, the purchase order or the applicable contractual documents.

Scope of sovereignty
For the purposes of these GTCS, data sovereignty is based on the combination of:
- the choice of hosting location in a zone compatible with the applicable legal, regulatory or contractual requirements;
- control over the infrastructure and the hosting mode chosen;
- data protection and encryption;
- the absence of any exploitation or transfer of data by the Provider for its own purposes;
- control over access and administration rights by the Client.

Sovereignty does not release the Client from its own legal and regulatory obligations relating to the data it processes, in particular where it acts as controller within the meaning of the applicable personal data protection legislation.

10. Reversibility

At the end of the contract, the Provider makes the Client’s data available to it in standard formats for 30 days, and then deletes it. Migration assistance may be provided on the basis of a quotation.

11. Liability

The Provider may only be held liable in the event of proven fault, and its liability is limited to direct damage, up to the amounts paid by the Client over the last twelve months for the service concerned. The Provider is not liable for indirect damage (loss of turnover, business or clientele), nor for failures of telecommunications networks or of the Client’s infrastructure.

12. Force majeure

Neither party may be held liable for any failure resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

13. Governing law and disputes

These GTCS are governed by French law, excluding the Vienna Convention on Contracts for the International Sale of Goods. They are drafted in French; in the event of translation, the French version prevails.

Failing an amicable settlement, any dispute shall fall within the exclusive jurisdiction of the Commercial Court of Angoulême (France).