Ash General Terms and Conditions

Last update: 16/07/2024

1. Purpose

The websites ash.center and console.ash.center (hereinafter the "Websites") and the REST APIs api.console.ash.center and auth.console.ash.center (hereinafter the "APIs"), published by the company E36 KNOTS, a French société par actions simplifiée organized under the laws of France, having its registered office located at 60, rue François 1er, 75008 Paris, incorporated with the Commercial and Companies Register of Paris under number 949 114 888, itself represented by M. Gauthier Leonard (hereinafter "E36 Knots" or the "Company"), are E36 Knots’s corporate website presenting in particular its solutions and services.

Warning: the Websites and APIs provided under this agreement is classified as alpha software (hereinafter "Alpha Software"), meaning they are in the early stages of development and may contain bugs, errors, or other defects. They are not intended for general use, and its functionality may be incomplete or subject to change.

Access, consultation, browsing and/or use of the Websites and APIs implies full acceptance of this document (hereinafter "General Conditions of Use"), which defines the terms of use of the Websites and APIs by any person accessing, consulting, browsing or using all or part of the Websites and APIs (hereinafter "User").

Therefore, before any use of the Websites and APIs, the User is invited to read these General Conditions of Use. If the User refuses all or part of any of the provisions of these General Conditions of Use, he/she is requested not to use the Websites and APIs and the services offered therein.

These General Conditions of Use are accessible at any time on the Websites.

Should you have any questions, you may directly contact E36 Knots by sending an email to contact@e36knots.com.

2. Intellectual property rights

2.1 General Disclaimer

The services provided by the Company involving blockchain technology are offered on an "as-is" and "as-available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of these services or the information, content, or materials included therein.

Users expressly agree that their use of these services is at their sole risk.

2.2 Technological Risks

Blockchain technology is subject to inherent risks including, but not limited to, software bugs, hardware failures, human errors, cyber attacks, and regulatory changes. The Company cannot guarantee the security, functionality, or availability of blockchain-based services and disclaims any liability for any loss or damage resulting from these inherent risks.

2.3 Market Risks

The value of digital assets and blockchain tokens can be highly volatile and may be subject to significant fluctuations. The Company does not provide investment advice and disclaims any responsibility for any financial loss incurred by Users as a result of market fluctuations.

2.4. Regulatory Risks

Blockchain technology is subject to various regulations and legal uncertainties. Users are responsible for ensuring that their use of the services complies with all applicable laws and regulations. The Company disclaims any liability for legal issues or penalties incurred due to non-compliance with relevant laws.

3. Intellectual property rights

The Websites and APIs and all their elements or which are made available to Users, in particular trademarks, logos, photographs, programs, source codes, data, databases, animated or non-animated images, sounds, drawings, graphics, videos or texts, downloadable resources from the Websites and APIs, layout, appearance, structure, as well as any other element not related to links towards third party websites, are the property of E36 Knots or are subject to a license granted in its favor by any owner of intellectual property rights.

All these elements are subject to the provisions of French and international regulations applicable to intellectual property and, consequently, are protected against any use not authorized by the law or these General Conditions of Use under penalty – in the event of failure to do so – of legal proceedings.

E36 Knots grants to each User a personal, non-exclusive and royalty-free license to use the Websites and APIs, for its own use and in the sole purpose of the operations authorized herein. Subject to these rights of use granted to the User by E36 Knots, use of the Websites and APIs does not imply any license or transfer of rights relating to the elements of the Websites and APIs to the User. In particular, any copy, reproduction, representation, adaptation, modification, distribution of all or part of the Websites and APIs as well as all or part of its content, by any process whatsoever and on any medium whatsoever is illegal, unless prior, express and written authorization of E36 Knots or the holder of intellectual property rights.

Failure to comply with these stipulations, in particular for the purposes of commercial exploitation, may be subject to prosecution on the basis of an infringement action and/or an action for unfair competition and/or parasitism on the part of the holders of the rights in question. This is without prejudice to E36 Knots’s other rights, in particular the right to obtain compensation for damages.

4. Websites, APIs and services access

Access to the Websites and APIs is technically possible twenty-four (24) hours a day and seven (7) days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for the good running of the Websites and APIs.

Warning: the User acknowledges having the skills and means necessary to access and use the Websites and APIs and the services offered therein. In this respect, the User must have a computer or any other device with an Internet connection, the settings of which enable the proper functioning of the Websites and APIs and the services offered on them.Risk warning: In general, the User declares that he or she is aware of the risks associated with browsing websites and using online services and accepts them. In particular, the User acknowledges that the information that passes through or is stored there may be intercepted or altered independently of the will of E36 Knots.

As such, it is strongly recommended that the User take all necessary precautions to protect himself/herself against the effects of hacking, in particular by adopting a secure and appropriate computer configuration of his/her computer, cell phone or any other device, for example by installing regularly updated virus detection software.

5. Services offered on the Websites and APIs

5.1 Conditions of access to the Websites and APIs's services

To benefit from all the services offered on the Websites and APIs, the User must:

• to be of legal age;
• to have the required capacity to benefit from the services;
• to use the Websites and APIs and the services offered on them in accordance with these General Conditions of Use.

To access the Websites and APIs’s services, the User also must fill in the mandatory fields of the form attached to the request service. The User guarantees the truthfulness and accuracy of the information provided in the Websites’s forms. To learn more about the use of his/her personal information by E36 Knots, the User is invited to consult the Websites and APIs’s Privacy Policy.

5.2 Alpha software

The Alpha Software is provided on an "as-is" basis. E36 Knots makes no representations or warranties of any kind, whether expressed or implied, regarding the performance, functionality, or fitness for a particular purpose of the alpha software. The User acknowledges that he/she uses the software at his/her own risk.

E36 Knots is under no obligation to provide support, maintenance, updates, or enhancements to the Alpha Software. E36 Knots reserves the right to modify or discontinue the Alpha Software at any time without notice.

5.3 Best Effort Commitment

The Company undertakes to use all reasonable means at its disposal to provide the services offered on the Sites in a professional manner and in accordance with industry standards. However, the Company is only committed to a best-effort obligation, not an obligation of result. Consequently, the Company does not guarantee that the services will perfectly meet the Users' expectations or that they will be free of errors or interruptions.

5.4 Financial conditions

The services offered by the Sites are entirely free for Users. No fees, registration charges, or any other costs will be required from Users to access and use the services available on the Sites. This free access applies to all offered features, subject to any future changes of which Users will be informed in advance.

Notwithstanding the above, given that the User must provide access keys for cloud services (e.g., GCP, Azure, AWS, etc.) to the Company, the User expressly agrees to pay any fees billed by their cloud provider resulting from the Company's use of these keys. The Company commits to using these access keys solely within the scope of the Company's services.

6. General obligations of the User

The User agrees not to:

• behave likely to undermine the integrity, functioning or security of the information system on which the Websites and APIs and the services offered on it are based;
• intrude or attempt to intrude into E36 Knots’s information systems;
• attack or attempt to attack on the authentication and other security measures of the Websites and APIs;
• collect, extract or use, in any way whatsoever, information on the Websites and APIs;
• and more generally, to act in a manner likely to infringe the rights and interests of E36 Knots.

In the event of any breach or fraudulent use of the Websites and APIs observed by E36 Knots, the latter reserves the right to terminate this contractual relationship, ipso jure, without notice or compensation, as well as to block the User’s account, as well as any future access by the User to all or part of the Websites and APIs and the services offered therein.

7. Disclaimer of liability

The Websites and APIs and the services offered therein are provided to the User free of charge. Despite the care taken in its design and the analysis of its content, the Websites and APIs cannot be free of errors, periods of unavailability, faults or defects and E36 Knots does not guarantee the accuracy, quality, legality or suitability for a particular purpose of the Websites and APIs, the services offered and the content published therein.

The User is solely liable for the use he/she intends to make of the Websites and APIs and the preservation of the security and integrity of its data, hardware and software when he/she accesses the Websites and APIs or services.

Thus, E36 Knots cannot be held liable for:

• any dysfunction or bad condition of IT’s User equipment during or after User browsing on the Websites and APIs, as well as in case of impossibility of access, poor User conditions on the Websites and APIs attributable to these devices, the provider of Internet access, Internet network congestion, or any other reason external to E36 Knots;
• electronic or phone communications expenses induced by the use of User’s equipment which shall be exclusively borne by the User and will not be borne by E36 Knots;
• any temporary, partial or total unavailability of the Websites and APIs, in particular in the event of maintenance, technical incident and, more generally, in case of an event beyond the control of E36 Knots;
• any consequences that may arise from the contents of the websites referred by external links that may be displayed on the Websites and APIs;
• any indirect damage that may be suffered by the User;
• any damage suffered by the User or a third party resulting from the use of the Websites and APIs or the services offered on it that does not comply with these General Conditions of Use;
• any breach of the obligations provided by these General Conditions of Use which would arise or would originate from a fortuitous event or a case of force majeure (act of god) as defined by article 1218 of the French Civil Code.

In the event that E36 Knots is held liable for damage not provided for in this article, its liability will be limited to certain, real and direct damage.

Consequently, under no circumstances shall E36 Knots, its managers, employees and, in general, its representatives and partners, be held liable for any direct or indirect damage, whether material or immaterial, resulting from the use of the Websites and APIs and the services offered therein, as well as the content published therein, and in particular for loss of profit, loss of opportunity or damage resulting from loss of data caused by the impossibility of using the Websites and APIs and the services offered therein.

This limitation of liability specifically applies to any loss of data, loss of profits, loss of business, loss of revenue, or any other financial or commercial loss, even if the Company has been informed of the possibility of such damages.

8. Modification

These General Conditions of Use are dated accurately and may be modified and updated by E36 Knots at any time, particularly in the event of changes to the services offered on the Websites and APIs or to applicable regulations. Consequently, the User is invited to consult the General Conditions of Use each time he/she accesses the Websites and APIs.

9. Termination of the Websites and APIs or services

E36 Knots reserves the right to temporarily or permanently suspend access to all or part of the Websites and APIs or the services offered on it, in particular in the event of cessation of activity related to the provision of the Websites and APIs or in the event of insolvency proceedings.

10. Contract assignment

Subject to the applicable law, the User agrees that these General Conditions of Use binding him/her to E36 Knots, may be assigned, transferred or provided, in any way, to a third party. As part of the transfer of the company to a third party, these General Conditions of Use binding the User to E36 Knots, will be automatically transferred to the assignee.

11. Hyperlinks

The Websites and APIs are likely to contain a certain number of hypertext links to third party websites, other than those published by E36 Knots, set up with the latter’s authorization. However, E36 Knots is not in a position to verify the content of third party websites visited in this way and therefore assumes no liability for this fact.

12. Governing law / jurisdiction

These General Conditions of Use are governed by, interpreted and enforced in accordance with French law.

In the event of a dispute relating to their interpretation or execution, E36 Knots and the User shall seek, before any litigation, an amicable agreement and shall provide each other with all necessary information to this effect.

In the absence of an amicable agreement between E36 Knots and the User within a period of two (2) months from the notification of the dispute to the other party, express jurisdiction is given to:

• the Courts of Paris (Tribunal de Commerce de Paris) if the User is a professional;
• the Courts of Paris (Tribunal Judiciaire de Paris) if the User is a consumer.