Terms of use

Updated: February 23, 2025

For the purposes of these General Terms of Use ("Terms of Use"or "Agreement"), the following capitalized terms shall have the definition set forth below:

  • "Administrator": A natural person authorized to manage User Accounts and represent the entity they belong to in dealings with Purplemet.
  • "Appendix": any of the appendices attached to these Terms of Use, which shall form an integral part of the agreement between Customer and Purplemet.
  • "Application": Purplemet's proprietary web application provided in SaaS mode.
  • "Authentication": the procedure by which the User of the Application provides and confirms his identity, by signing in with his Username and password.
  • "Business Day": any day from January 1st to December 31st, other than Bank holidays and statutory holidays in France, Saturdays and Sundays.
  • "Customer" or "you": any entity or natural person accessing Purplemet services professionally and commercially, on behalf of which the Administrator holds his executive privileges as described herein.
  • "Customer Data": all the data transmitted by the Customer to Purplemet allowing User access to the Platform, which shall include first names, last names and e-mail addresses (or contact details) of Users.
  • "Database": a proprietary organized set of data used and accessed by the Application, the structure of which is the property of Purplemet and which contains the Customer Data, the ownership of which is retained by Customer.
  • "Documentation": all the information relating to the use of the Application, including in particular the description of the functionalities of the Application and the list of Technical prerequisites necessary for the use of the Application, as detailed in the Appendices.
  • "Environment": the IT and informational context, hardware, software and networks, under control and use of the Customer, intended to interact with the Platform for the purposes of running the Application and meeting the Technical prerequisites.
  • "Identifier": a unique access code assigned to a User and which, associated with a password, allowing the User to proceed to his Authentication to access the Application.
  • "Infrastructure": the hosting infrastructure made accessible to the Customer and Users by Purplemet, on which the Application runs and on which the Customer Database is hosted, providing an interactive online electronic service in "SaaS” mode, accessible at the address communicated by Purplemet.
  • "Malfunction": any anomaly in the functioning of the Application, whether due to a programming fault or to another cause but which is not caused by an error of use by the Customer or a case of Force Majeure.
  • "Management Interface": the IT tool, accessible from Purplemet website at an address which will be communicated by email to the Customer, allowing the Administrator, by means of the Identifier and the password created under this Agreement, to administer the Application and in particular to create or delete UserAccounts, manage the authorizations of each of the Users authorized to evaluate, use and execute the Application, among other functions.
  • "New Version": a new numbered version of the Application with significant improvements compared to the previous Version.
  • "Platform": the set consisting of the Application, the Database hosted on the Infrastructure.
  • "Probes": the software component internal to the Customer's IT environment intended to analyze websites that are not publicly accessible via the Internet.
  • "Purchase Order": the contractual document executed between Customer and an Authorized Reseller (as defined herein) with respect to the conditions of access to the Application that comes in addition to the terms herein.
  • "SaaS": Software as a Service delivery model enabling remote access to the Application hosted on Purplemet's infrastructure.
  • "Service Level": the detailed commitment by Purplemet to run the Application as described in this Agreement.
  • "Subscription": The commercial agreement between Purplemet and the Customer to access the Application.
  • "Subscription Period": the period during which the Customer's Subscription will run as specified in the Purchase Order.
  • "Technical Prerequisites": all of the prerequisites, as listed in Appendix 2, required in the Customer's environment and their Internet to access and use the Application under conditions that comply with its specifications.
  • "Technical Specifications": the characteristics of the Application as described in Appendix 1.
  • "Update": a minor improvement to a current Version of the Application.
  • "User": a natural person authorized by the Customer to use the Application.
  • "User Account": an open access to a User, linking a unique User to a unique Identifier.

PLEASE READ THESE TERMS OF USE CAREFULLY AND RETAINA COPY FOR YOUR RECORDS. IF YOU ACCEPT THESE TERMS ON BEHALF OF AN ENTITY, YOUREPRESENT OR WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THESETERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK “CANCEL” OR “BACK” ANDDO NOT USE THE SERVICES.

Section 1. PURPOSE AND ACCEPTANCE

1.1 Purpose

‍These Terms govern the use of Purplemet's Application and services, outlining technical, financial, and legal obligations during the Subscription Period.

‍1.2 Acceptance

‍By accessing the Application, you agree to these Terms. If acting on behalf of an entity, you confirm your authority to bind that entity. Disagreement with these Terms requires cessation of service use.

The use of specific services may require compliance with additional rules or guidelines, in which case, display and acceptance request of the additional specific termsmay appear on screens when accessing the specific services.

1.3 Modifications

‍Purplemet reserves the right to amend these Terms for legal, technical, oroperational reasons. Customers will be notified of significant updates and must acknowledge changes to continue using the service.

In the event of any material change to this Agreement, a Notice of Change will be posted on the Platform. Continued access and use of the Services following a notice of change will be deemed acceptance of these change.

‍Section 2. LICENSE TO USE THE APPLICATION IN SAAS MODE

2.1 Application Ownership and Access

The Application is hosted on Purplemet’s infrastructure in France. The Application remains the exclusive property of Purplemet, and under no circumstances will Purplemet provide a copy of the Application to the Customer in any form or on any medium.

‍2.2 License Grant

Purplemet grants the Customer a personal, non-exclusive, non-transferable, and revocable license to use the Application in SaaS mode for the duration of the Subscription Period, subject to these terms.

  • The license allows access via remote login through the Internet to Purplemet’s infrastructure.
  • Usage is limited to the functionalities described in the Application Documentation and Appendices.
  • The license is granted exclusively to the Administrator and Users who have an active User Account created by the Customer, under the conditions specified in these Terms of Use.

2.3 Subscription and Access

Upon payment, the Customer will receive access to the Application, with login credentials provided by Purplemet for each authorized User.

If the Customer does not extend     the Subscription before its expiration, Purplemet reserves the right to     disable the Customer’s access to the Application and Services at the end     of the Subscription Period, without further notice.

2.4 Prohibited Uses

The Customershall not:

  • Reproduce, distribute, publicly display, or otherwise exploit any part of the Application, for commercial or non-commercial purposes, unless explicitly authorized by Purplemet.
  • Use the Application to create, distribute, or market products or services that are similar, equivalent, or substitute for the Application.
  • Modify, adapt, translate, or create derivative works of the Application, including error corrections, without Purplemet’s written consent.
  • Engage in activities such as reverse engineering, decompiling, or disassembling the Application, unless permitted by applicable law.
  • Circumvent or modify protection mechanisms, such as passwords and identifiers.
  • Attempt unauthorized access to Purplemet's infrastructure or engage in any form of hacking or data breach.
  • Export, merge, or integrate the Application with other applications or software without Purplemet’s prior written consent.

2.5 Third-Party Access

The Customer is prohibited from allowing any third party to access or use the Application without Purplemet’s prior written consent.

2.6 Updates and Modifications

Purplemet reserves the right to correct, update, and release new versions of the Application at its discretion, as deemed appropriate and necessary.

Section 3. COMMUNICATION OF INFORMATION

The Customer is responsible for promptly reporting any reproducible Malfunctions to Purplemet, providing screenshots where possible. Purplemet will use commercially reasonable efforts to address and resolve such Malfunctions within a reasonable timeframe, at its sole discretion.

‍Section 4. TERMS OF ACCESS TO THE PLATFORM

Purplemet provides access to the Application in SaaS mode 24/7, subject to interruptions for planned maintenance (outside of Customer's usual working hours) or external issues beyond Purplemet 's control.

Access to the Platform requires an internet connection and compliance with the following technical prerequisites:

4.1 Customer Responsibilities

  • The Customer bears all costs related to hardware, software, and internet access forusing the Application.
  • The Customer is responsible for the proper functioning of their equipment and internet connection.
  • The Customer is responsible for acquiring necessary hardware, software, and telecommunications services for remote use of the Application.
  • Transmission of data over the Internet is subject to risks outside Purplemet’s control, including speed, security, and reliability. Purplemet is not responsible for any data     transmission issues. The Customer assumes full responsibility for the data they transmit or receive and agrees to indemnify Purplemet against any resulting damage.

‍4.2 User Account

  • Each User requires a User Account with a unique Username and password for authentication.
  • User Accounts are created by the Customer through the Administration Interface or, upon request, by Purplemet, within the authorized limits.
  • The Customer is responsible for ensuring the confidentiality and security of User credentials and ensuring only authorized Users access the Application.
  • If a Username or password is lost, stolen, or disclosed, the Customer must inform Purplemet immediately. Any actions taken using a User's credentials are the sole responsibility of the Customer.

Section 5. PURPLEMET'S OBLIGATIONS

Purplemet agrees to provide access to the Application in accordance with these Terms of Use. Purplemet will allocate commercially reasonable resources to deliver the Services in line with the Service Levels outlined in the Service Level Agreement (SLA), which is available to the Customer upon request.

Purplemet is responsible for the corrective and regular maintenance of the Software, in accordance with the SLA.

However, Purplemet will not be liable for failure to meet its commitments due to force majeure events. Force majeure events include, but are not limited to:

  • Strikes or pandemics Interruptions in energy supply (e.g., electricity);
  • Failures in telecommunications networks;
  • Loss of Internet connectivity caused by public or private operators;
  • War, conflict, or terrorism;
  • Riots or civil unrest;

In the event of force majeure, Purplemet will notify the Customer promptly. The suspension of obligations due to force majeure will not result in liability fornon-performance or entitle the Customer to damages. Upon resolution of the force majeure event, Purplemet will make commercially reasonable efforts to resume normal performance as soon as possible.

‍Section 6. CUSTOMER'S OBLIGATIONS

The Customer represents and warrants that:

  • They are legally capable of entering into a binding contract, and if acting on behalf of a company or entity, they have the authority to bind the entity to these Terms of Use.
  • The Customer Data will no contain harmful code, such as viruses, spyware, or malware, and will not cause harm to individuals or damage to property, including Purplemet's Infrastructure.

The Customer has all necessary rights to grant Purplemet the rights outlined in these Terms of Use, and that providing Customer Data will not infringe on third-party intellectual property, confidentiality agreements, or applicable laws. The Customer is responsible for ensuring that the Customer Data provided is accurate and error-free. The Customer affirms they meet the technical prerequisites as outlined in Appendix 2.

The Customer agrees to :

  • Use the Application only in accordance with these Terms of Use.
  • Refrain from modifying, reverse engineering, disassembling, or creating derivative works of the software or services.
  • Not attempt to avoid fees, resell, or sublicense the services.
  • Not test, probe, or breach the security of any system or network.
  • Not interfere with other users, hosts, or networks, including through viruses, flooding, or spamming.
  • Maintain backups of their Customer Data at their own expense.
  • Provide accurate and timely information necessary for service performance, and notify Purplemet of any updates.
  • Respect Purplemet 's intellectual property rights.
  • Ensure that the Application is used in a way that does not compromise the functionality or security of the Infrastructure.
  • Ensure that all Users are adequately trained in using the Application and basic internet technologies.
  • Ensure that Data provided does not contain malware or illegal content, and does not violate third-party rights, including intellectual property.

In the event of third-party refusal, the Customer agrees to:

  • Inform Purplemet promptly, allowing Purplemet to redefine the scope of services.
  • Avoidany activities that violate third-party rights, ensuring lawful use of theApplication.

The Customer is responsible for any damage caused by their Customer Data or actions and agrees to indemnify and hold Purplemet harmless from any third-party claims.

‍Section 7. INTELLECTUAL PROPERTY

Purplemet retains ownership of all intellectual property rights related to the Application, including the source code. No rights are granted to the Customer over the source code.

Purplemet also retains ownership of its pre-existing works, including intellectual property, materials, tools, methods, systems, equipment, software, documentation, and any data or files provided to the Customer under this Agreement, regardless of use.

The Customer is granted a limited, non-transferable right to access and use the Application solely for the purposes of these Terms of Use and in the normal course of its business.

The Customer shall not engage in any activities that may infringe upon Purplemet 's intellectual property rights, including trademarks, proprietary technology, orknow-how..

‍Section 8. PRICE & PAYMENT

Except where access to the Application is provided free of charge (e.g., for evaluation), the Customer must pay the applicable fees, plus taxes and levies, to an Authorized Reseller listed on www.Purplemet.com ("Authorized Reseller")

It is the Customer's sole responsibility to verify that the reseller is an Authorized Reseller. No refunds will be granted for non-use, early termination by the Customer, or claims based on representations made by an unauthorized reseller.

Purplemet reserves the right to suspend or terminate access to the Application and any related services if the Customer fails to pay the applicable fees to the Authorized Reseller, as specified in the Purchase Order.

Purplemet will not be liable for any loss of data, business interruption, or other damages resulting from such suspension or termination, including indirect or consequential damages.

‍Section9. GUARANTEES

THE PLATFORM AND THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AT THE CUSTOMER’S OWN RISK. EXCEPT AS EXPRESSLY STATED HERE, PURPLEMET MAKES NO REPRESENTATIONS ORWARRANTIES, WHETHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL OTHER WARRANTIES TOTHE FULLEST EXTENT PERMITTED BY LAW, INCLUDING:

(A) IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(B) THAT THE PLATFORM OR THE SERVICESWILL MEET THE CUSTOMER’S REQUIREMENTS, OR BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE;

(C) ANY IMPLIED WARRANTY ARISING FROMCOURSE OF DEALING OR TRADE USAGE;

(D) ANY LIABILITY FOR TORT CLAIMS, INCLUDINGTHOSE ARISING FROM NEGLIGENCE.

Purplemet shall defend, indemnify, and hold the Customer harmless against third-party copyright infringement claims in France related to the Customer's lawful use of the Application, provided that the Customer promptly notifies Purplemet in writing of any such claims.

The Customer agrees to cooperate fully with Purplemet in defending such claims by providing necessary information and assistance.

If a prohibition on use is imposed due to infringement, Purplemet will, at its sole discretion and expense, either:

  • Obtain the right for Customer to continue using the Application,
  • Replace the infringing component with a non-infringingequivalent or
  • Modify the Application to eliminate the infringement.

These provisions limit Purplemet's liability for third-party claims resulting from the Customer’s use of the Application.

‍Section 10. RESPONSIBILITY

Given the inherent risks of internet technologies, Purplemet is subject to a general obligation of means ("obligation de moyens") under these Terms of Use.

Unless explicitly stated, the provision of the Application by Purplemet does not constitute advisory services or interference in the Customer's management.

The Customer is solely responsible for the use and processing of Data, while Purplemet’s responsibilities are limited to hosting, securing, and backing up the data.

Purplemet shall not be liable for any Data-related issues or the consequences of errors or losses in the Data or processing results.

Additionally, Purplemet will not be liable for indirect damages, including but not limited to financial loss, loss of Customers, business disruption, loss of profit, damage to brand image, data loss, or increased service costs arising from the non-performance of these Terms of Use.

Any third-party claims against the Customer will also be considered indirect damage and are not eligible for compensation.

The Customer agrees to take necessary precautions, including using up-to-date antivirus software, to mitigate potential damages arising from the use of the Application.

Notwithstanding the foregoing, Purplemet’s total liability under these Terms of Use will not exceed the fees actually paid by the Customer for the services in the calendar quarter preceding the claim. This limitation reflects the risk allocation and pricing agreed between the Parties. This limitation of liability will survive the termination of these Terms of Use.

‍Section 11. DATA PROTECTION AND SECURITY

11.1 COMPLIANCE

Purplemet complies with the GDPR as well as French laws and regulations relating to data protection and in particular the law "Informatique et Liberté" (law No. 78-17 of January 6, 1978 as amended), ensuring lawful processing of personal data. For cross-border data transfers, appropriate safeguards such as Standard Contractual Clauses are used.

11.2 DATA SUBJECT RIGHTS AND CUSTOMER’S OBLIGATIONS

As the Data Controller, the Customer is responsible for informing data subjects of their rights (such as access, rectification, erasure, and objection) and ensuring the lawful processing of personal data.

  • ‍Consent and Lawful Processing: The Customer guarantees that it has obtainedall necessary consents from data subjects for the processing and transfer oftheir personal data to Purplemet, where applicable. The Customer ensures compliance with all legal obligations concerning the processing of personal data, including the provision of clear notice to data subjects regarding the processing purposes.
  • ‍Data Controller Responsibility: The Customer remains the Data Controller with respect to personal data provided for processing via the Application. Purplemet may process personal data on behalf of the Customer, but only in accordance with these Terms of Use and for the purposes defined by the Customer. Purplemet shall act as a data processor under the Customer's direction.
  • ‍Purpose Limitation: The Customer ensures that personal data collected via the Application is for specific, legitimate purposes and is not processed for purposes that are incompatible with the original purpose. The Customer guarantees that the data collected is relevant, adequate, and limited to what is necessary for the intended processing purposes.
  • ‍Data Processing via the Application: When processing personal data through the Application, the Customer is responsible for ensuring that data subjects are properly informed and consent is obtained (where required by law). This includes providing data subjects with clear, comprehensive notice of their rights at the time of data collection, including obtaining their opt-in consent for any processing where necessary.
  • ‍Integration of Data: If personal data is integrated from the Customer’s devices, the Customer ensures that it has provided all necessary notices to data subjects and obtained their consent where applicable. The Customer must ensure compliance with all legal and regulatory requirements, especially when processing sensitive data or conducting activities like direct marketing, profiling, or storing bank details for future transactions.
  • ‍No Processing of Non-Compliant Data: The Customer guarantees that no personal data will be processed via the Application if data subjects have not been informedof their rights or have not provided consent when required, as per applicable data protection laws (e.g., direct marketing, sensitive data processing, ordatabase pooling).

11.3 DATA SECURITY AND RESPONSIBILITIES‍

  • Hosting and Security: Personal data processed through the Application will be stored on servers controlled by the Customer. If Purplemet is required to host or process personal data on behalf of the Customer, the Customer expressly authorizes Purplemet to do so and indemnifies Purplemet against any third-party claims related to such processing.
  • Collaboration with Purplemet: The Customer agrees to provide     Purplemet with all necessary information and assistance to comply with its obligations under data protection laws. This includes providing full details of the data processing activities being implemented through the     Application.

11.4 INDEMNIFICATION

The Customer guarantees that all personal data processed using the Application is done so incompliance with applicable laws. The Customer agrees to indemnify and hold harmless Purplemet from any claims brought by data subjects regarding their personal data processed via the Application.

11.5 COMPLIANCE MONITORING

The Customer acknowledges that compliance with the obligations outlined in this section is essential for the lawful operation of the Application. Purplemet may request the Customer to provide evidence of compliance with these data protection obligations, including obtaining the necessary consents from data subjects, ensuring lawful processing, and securing personal data.

‍Section 12. LEGAL AND ADMINISTRATIVE AUTHORIZATIONS

The Customer guarantees that they possess all necessary legal and administrative authorizations, licenses, and permits required to lawfully process data through the Application. This includes, but is not limited to, any applicable authorizations for the use of personal data, intellectual property, and any other relevant permissions needed for the lawful operation of the Application within their jurisdiction.

Additionally, the Customer agrees to comply with all applicable laws, regulations, andindustry standards concerning the areas of operation covered by the Application, including data protection, intellectual property, and any sector-specific rules that may apply.

The Customer shall immediately inform Purplemet of any changes in the legal or regulatory status that may affect their ability to comply with these obligations.

‍Section 13. INSURANCE

Both Parties affirms that they are adequately insured for professional civilliability by a reputable and financially stable insurance provider. The insurance must cover all material and immaterial damages or losses that may arise from the execution of these Terms of Use or the use of the Application, whether by the respective Party or its employees, agents, or contractors.

Each Party agrees to maintain such insurance coverage throughout the term of this Agreement and shall provide proof of insurance upon request by the other Party.

‍Section 14. CONFIDENTIALITY

14.1 General Obligation of Confidentiality

Both Parties agree to maintain the confidentiality of all Confidential Information received or accessed during the term of these Terms of Use, and continue to do so after the termination of this Agreement, unless such information has entered the public domain through no fault of the receiving Party or the data subject.

 14.2 Definition of Confidential Information

For the purposes of this Agreement, “Confidential Information” includes, but is not limited to, any commercial, industrial, technical, financial, personal, or other proprietary information disclosed or otherwise made available by oneParty to the other during the course of this Agreement, whether in written,oral, electronic, or other form. This includes, in particular, intellectual property, methodologies, trade secrets, and know-how.

14.3 Useand Disclosure of Confidential Information

Each Party shall:

  • Refrain from disclosing any Confidential Information to any third party, either directly or indirectly, without the prior written consent of the disclosing Party.
  • Limit the access to Confidential Information within its own organization to those employees, agents, contractors, or service providers who need access to fulfill the obligations under this Agreement, ensuring that they are bound by confidentiality obligations no less stringent than those in this Agreement.

14.4 Protection of Intellectual Property and Proprietary Information

In particular, the Customer agrees not to disclose, share, or use any Confidential Information related to Purplemet’s intellectual property, methodology, tradesecrets, or know-how, which may be provided through the use of the Application or any other services contemplated in this Agreement. The Customer acknowledges that such information remains the exclusive property of Purplemet and is critical to its business interests.

14.5 Obligation to Ensure Confidentiality by Affiliates and Third Parties

Each Partyshall ensure that its employees, agents, contractors, and service providers are bound by confidentiality obligations equivalent to those set forth in this Agreement. Each Party agrees to be responsible for any breach of confidentiality by its affiliates, employees, or third parties to whom Confidential Information is disclosed in accordance with this section.

14.6 Duration of Confidentiality Obligations

The confidentiality obligations set forth in this section shall remain in effect for the duration of this Agreement and shall continue indefinitely after its termination or expiration, until such time as the Confidential Information becomes public through no fault of the receiving Party or data subject.

‍Section 15. DURATION - TERMINATION

15.1 Duration

These Terms of Use shall become effective on the date of acceptance by the Customer and will remain in effect for the duration of the Subscription Period, unless terminated earlier in accordance with the provisions herein.

15.2Termination by Purplemet

Purplemet may terminate these Terms of Use immediately upon written notification to the Customer, including by registered letter with acknowledgment of receipt, in the event that the Customer fails to comply with any of its obligations under this Agreement. No prior notice or cure period will be required. In such a case, Purplemet reserves the right to seek judicial compensation for any damages caused by the Customer's breach of contract.

15.3 Survival of Obligations

Notwithstanding the expiration or termination of these Terms of Use, any provisions that by their nature should survive, including but not limited to obligations regarding Confidentiality, Liability, and Intellectual Property, shall remain in fullforce and effect.

‍Section 16. TRADE REFERENCE

‍16.1 Consent for Marketing Use

The Customer agrees to allow Purplemet to use its name, logo, and a general description of the business relationship between the Parties for marketing purposes. This includes, but is not limited to, use in press releases, promotional materials, and on the Purplemet website.

16.2 Participation in Marketing Activities

The Customer further agrees to participate in marketing events or activities upon reasonable request by Purplemet. These may include events with press, analysts, and potential or existing investors or Customers of Purplemet. Customer’s participation in such events will be subject to reasonable prior notice and the Parties’ mutual agreement on the scope of involvement.

Section 17. ASSIGNMENT

17.1 Customer’s Restrictions on Assignment

The Customer may not assign, transfer, or otherwise dispose of any of its rights or obligations under these Terms of Use to any third party without the prior written consent of Purplemet.

17.2 Purplemet’s Right to Assign

Purplemet may assign or transfer its rights and obligations under these Terms of Use to any third party, provided that Purplemet notifies the Customer by registered letter of such assignment. The assignee shall be bound to fulfill Purplemet 's obligations under this Agreement.

‍Section 18. PROOF AGREEMENT

The Parties agree that any electronic records, including communications, notices, and other documentation maintained by Purplemet in the course of fulfilling these Terms of Use, shall serve as conclusive proof of the notices provided under these Terms. These records shall be considered valid evidence in the event of a dispute between the Parties.

‍Section 19. MISCELLANEOUS

‍19.1 Entire Agreement

These Termsof Use, together with any attached Appendices, constitute the entire and exclusive agreement between Customer and Purplemet regarding the Platform and Application. They supersede and replace any prior agreements, whether writtenor oral, relating to the subject matter hereof. In the event of any conflict, inconsistency, or contradiction between these Terms and any Purchase Order, proposal, or other document provided by the Customer, these Terms of Use shall prevail.

19.2 Binding Effect and Assignment

These Termsof Use shall be binding upon and inure to the benefit of both Parties, as well as their respective successors and permitted assigns. Customer may not assignor delegate any of its rights or obligations under this Agreement to any thirdparty without the prior written consent of Purplemet. Any attempt to do so shall be void. Purplemet, however, may assign or transfer its rights and obligations under this Agreement to any third party, without notice or consent from the Customer.

19.3 Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remainder of the provisions shall remain in full force and effect. The application of such provisions to persons or circumstances other than those as to which they are deemed invalid or unenforceable shall not be affected.

19.4 Independent Contractors

Each Party acknowledges and agrees that it is acting as an independent contractor in performing its obligations under this Agreement. Nothing in these Terms of Use shall be construed to create an agency, employment, joint venture, or partnership relationship between the Parties. Neither Party has the authority to bind the other Party to any obligation or to act on behalf of the other Party, except as expressly provided in these Terms of Use.

19.5 Waiver

No delay or omission by either Party in exercising any right, power, or remedy under these Terms of Use shall impair or be construed as a waiver of that right, power, or remedy. Any waiver of a breach of any provision of these Terms of Use shall only be effective if made in writing and signed by the Party waiving its rights. A waiver of any breach shall not be construed as a waiver of any succeeding breach or any other provision of these Terms.

‍Section 20. APPLICABLE LAW AND COMPETENT JURISDICTION

‍20.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

20.2 Jurisdiction

The Parties expressly agree that any dispute arising out of or in connection with these Terms of Use, including any issues regarding their validity, interpretation, or execution, which cannot be resolved amicably or through mediation, shall be subject to the exclusive jurisdiction of the competent courts located within the jurisdiction of Purplemet's headquarters. The Parties agree that such courts shall have sole and exclusive competence, even in the event of multiple defendants, third-party claims, or emergency proceedings.

20.3 Limitation Period

Any legalaction against Purplemet under these Terms of Use must be brought within one(1) year from the date of the event that gave rise to the claim. After this period, the claim shall be deemed time-barred and will not be entertained by the courts.

LIST OF APPENDICES

APPENDIX 1: APPLICATION'S SPECIFICATIONS, PLATFORM ACCESS AND SERVICE EXECUTION

APPENDIX 2: PREREQUISITES FOR CUSTOMER'S ENVIRONMENT, TELECOMMUNICATIONS OBLIGATIONS,QUALIFICATION AND DATA PROTECTION

‍APPENDIX 1: APPLICATION'S SPECIFICATIONS, PLATFORM ACCESS AND SERVICE EXECUTION

1. Account Creation and User Access

1.1 Account Setup

To set up the Customer's account on the Purplemet's platform, Purplemet administrators will create a Customer account and assign a first user.

1.2 First User Registration

This first user will receive an email from Purplemet with instructions to create a secure password. The user will be directed to the following website to complete this process: https://cloud.Purplemet.com/ 

1.3 Subsequent User Access

After the first user sets their password, they will be able to log in to Purplemet's platform at https://cloud.Purplemet.com/ using their email address (which is their username) and the secure password they created.

1.4 Adding New Users

New users can be added either by Purplemet administrators or by an existing user on the Customer account (if authorized). New users will follow the same login procedure outlined above.

‍2. User Interface and Dashboard Features

2.1 Dashboard Access

Once logged in, the user will be directed to their dashboard, where they can view the list of web applications associated with their account.

2.2 Adding Web Applications
The user may add new web applications, within the limits of the number of subscriptions permitted by Purplemet or as allowed for trial purposes. This can be done by clicking on the "New Analysis" button in the "Web Applications" menu. The user must then provide the URL of the web application they wish to analyze and click the "Launch" button to beginthe analysis.

2.3 Analysis Results
Upon completion of the analysis, the results will be visible under the"Web Applications" menu. Key information available willinclude:

  • The URL analyzed
  • The number of technologies detected
  • The number of vulnerabilities identified
  • The security rating of the analyzed web application

Additional information, such as a detailed list of identified vulnerabilities and a history of previous analyses for the web application, can be accessed by clicking on the respective web application.

2.4 Technologies Detected
Users will have access to a list of all technologies detected in their analyzed web applications via the "Technologies" menu. For each detected technology, more detailed information will be available, such as:

  • Detected versions
  • The web applications where these technologies are present

‍3. UserManagement and Profile Settings

3.1 User Management
If authorized by PURPLEMET, users may add additional users via the "Users" menu. New users will follow the same registration and login procedures as outlined above.

3.2 Profile Management
Users can access and modify their personal profiles by clicking on the "My Profile" menu. In this section, users can update their information, including changing their secure password.

4. Logging Out

Users can log out of their account at any time by selecting the "Logout" option from the menu.

APPENDIX 2: PREREQUISITES FOR CUSTOMER'S ENVIRONMENT, TELECOMMUNICATIONS OBLIGATIONS,QUALIFICATION AND DATA PROTECTION

1. Access Requirements

1.1 Internet Connection
In order to access Purplemet’s platform, the Customer must ensure that they have a functional internet connection that allows access to the following websites:

  • https://www.Purplemet.com/
  • https://cloud.Purplemet.com/
  • https://api.Purplemet.com/

1.2 Web Browser Compatibility
The Customer is required to use a recent version of a supported web browser to access and interact with Purplemet’s web interface. Supported browsers include:

  • Google Chrome
  • Mozilla Firefox
  • Opera
  • Safari
  • Microsoft Edge

‍2. User Access and Responsibilities

2.1 Authorized Users
Only individuals authorized by the Customer are permitted to use the Application for the purpose of the trial. The Customer is responsible for esignating the users who will have access to the platform.

2.2 User Information and Compliance
The Customer is responsible for informing all authorized users of the platform regarding their obligations under the Terms of Use, including those related to qualification requirements, confidentiality, and data protection. This includes ensuring compliance with applicable laws, regulations, and internal procedures, especially those related to personal data protection.

2.3 Personal Data Collection and Consent
The Customer must ensure that users are informed that by accessing the Application, Purplemet will collect personal data, including full name and contact information. This data will be used to generate personalized identifiers and passwords that allow users to securely access the platform. The Customer must ensure that these users provide their consent to the processing of their personal data as required by applicable data protection laws.

 3. Data Protection and Security Obligations

3.1 Compliance with Data Protection Laws
The Customer is responsible for ensuring that the collection, processing, and storage of personal data by both themselves and Purplemet comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and other relevant local or international laws.

3.2 Confidentiality and Security
The Customer is obligated to ensure that all users comply with confidentiality and data protection requirements, safeguarding the integrity and security of personal and other sensitive data accessed or processed via the Application.