Contact
One of our experts will contact you as soon as possible to discuss your needs and organize a tailor-made demo of the platform.
This document has been automatically translated from its original language (french) and is provided solely for your convenience. While reasonable efforts have been made to ensure the accuracy of the translation, there may be errors or discrepancies. In the event of any conflict or ambiguity between the translated version and the original document, the original document shall prevail.
These Terms of Service (”TOS”) form, with the documents to which they refer, a contract (”contract”) concluded between Qarnot Computing, a simplified joint stock company with a capital of 345,426 euros, whose head office is located at 40-42 Rue Barbès 92120 Montrouge France, and registered with the Nanterre Trade and Companies Register under number 528 593 817 and whose intra-community VAT number is FR 49 528 593 817 (”Qarnot Computing” or ”we”), and any natural or legal person, consumer or professional, private or public law using the Qarnot Computing Services (”Customer” or ”you”). They define the conditions for the provision and use of the Qarnot Computing Services under the Contract. Qarnot Computing and the Customer are individually referred to as a ”Party” and collectively as the ”Parties”.
The Contract consists of the following documents, listed in descending order of priority:
In case of contradiction, the higher-ranking document will prevail. By using the Services, the Customer accepts all the contractual documents constituting the Contract. The Contract expresses the entire agreement of the Parties with respect to its subject matter, and cancels and replaces all previous agreements or discussions, as well as any general terms and conditions of the Customer.
”Special Terms of Service” or ”CP”: documents describing the Services (s), their conditions of execution and use. They are published on the Website or available on request from Support.
”Credits”: the amount of money available in the Customer's Qarnot account, for use in the context of the Services.
”Qarnot Computing elements”: all items included in the Services that are protected by intellectual property rights such as, for example, software, documentation, and Infrastructure.
”Infrastructure”: all the physical and virtual elements that Qarnot Computing makes available to the Customer as part of the Services (in particular, network, hardware and software).
”Department(s)”: services provided by Qarnot Computing under the Contract.
”SLA” or ”Service Level(s) Commitment(s)”: commitment made by Qarnot Computing to the Customer on certain performances of its Services detailed in the CP.
”User(s)”: the Customer and/or any person (s) authorized by the Customer to access or use the Services under their responsibility, such as in particular employees, consultants or third parties.
”Web site”: Qarnot Computing website accessible at the URL next: https://hpc.qarnot.com/.
In order to be able to access the Services, the Customer must have a valid Customer Account. The Customer creates his Customer account on the Website by providing the necessary information (identity, contact details, email, etc.). The Customer undertakes to ensure that all this information is accurate and up to date throughout the duration of the contract. If the Customer Account is created and used by a person who acts for the Customer, that person represents and warrants to Qarnot Computing that it has the power and capacity to do so and to engage the Customer.
Qarnot Computing reserves the right to check the accuracy of the information provided at any time during the Contract and to request supporting documents. Qarnot Computing may freely deactivate the Customer Account in the event of incomplete, erroneous or fraudulent information.
Throughout the duration of the Contract, the Customer is responsible for defining and managing its means of authentication and for keeping them confidential. The Customer is responsible for the consequences of the fraudulent use of his Customer Account or the Services thanks to his means of authentication.
The Customer may request the closure of his Customer Account from Support.
Qarnot will automatically delete accounts that have not been used for more than two years.
Information on the Services and their characteristics is available on the Website and from Support. The conditions and characteristics of the Services change regularly and it is up to the Customer to pay attention to these developments.
The Qarnot Computing Services and Elements are and remain the exclusive property of Qarnot Computing or third parties who have granted Qarnot Computing the right to use them under the Agreement.
Qarnot Computing grants the Customer, on a non-exclusive basis, the right to use the Services and the Qarnot Computing Elements for the sole needs of the Customer's activity and only as part of their intended use.
The Customer is not authorized to decompile the software, codes and algorithms used as part of the Services, in particular for reverse engineering purposes, nor to install them on infrastructures other than those provided by Qarnot Computing as part of the Services.
The use of the Services requires a remote connection (Internet or private network), adapted and sized for the intended use of the Services. The Customer is responsible for this and bears the related costs. The Internet network presents technical hazards (in particular lack of reliability of connection lines, bandwidth fluctuations, interruptions) and security risks beyond the control of Qarnot Computing. Qarnot Computing is not responsible for these failures and their consequences, in particular when they lead to the unavailability and/or discontinuity of the Services.
Unless otherwise specified, Qarnot Computing maintains the Infrastructures on which its Services are based and updates and upgrades of the operating systems and software made available to the Customer as part of the Service.
The Customer undertakes to use the Services in accordance with the Contract and the legal and regulatory provisions applicable to the Services and to the activities that the Customer carries out with the Services, in the countries where the Infrastructure from which the Services are provided is located and in those where the activities are carried out, transit or are used. The Customer undertakes to use the Services in compliance with the technical limitations established by Qarnot Computing in order to prevent abuse of use. The Customer will use the Services reasonably and will refrain from any act that could endanger the stability or security of Qarnot Computing Infrastructures and Systems, or cause a deterioration in the performance of the services provided to other Qarnot Computing customers.
Qarnot Computing reserves the right to suspend all or part of the Services, in the event of:
1. a risk to the stability and/or security of Qarnot Computing systems and environments, Services and/or Content;
2. a request from a competent administrative or judicial authority; non-compliance with all or part of the Contract;
3. a lack of Credits;
4. planned maintenance.
Such suspension may take place immediately and without notice in case of emergency, and in particular in the cases described in points 1, 2, 3 and 4 above, as well as in the event of illicit or fraudulent use of the Services, or use made in violation of the rights of a third party, and more generally, of any use on the basis of which the responsibility of Qarnot Computing would be called into question.
Qarnot Computing may send written communications by email to the Customer at the email address provided in their profile.
These communications can be used:
1. To provide a means of authentication (“magic link”);
2. To check the Customer's reachability;
3. To inform the Customer of a change in the Contract;
4. To inform the Customer of planned operations or incidents;
5. To provide the customer with documentation associated with the Services.
These communications may contain tracking elements (images, links) in order to ensure the good deliverability of emails.
When the Services are used to run third party licensed tools, the Customer:
Qarnot Computing is committed to making every effort to ensure the proper provision of the Services. Qarnot Computing is subject to a general obligation of means.
The Services are provided with three levels of service: Flex, OnDemand, and Reserved.
Reserved
Reserved Services consist in the provision of guaranteed computing capacity. Its implementation requires the drafting of a dedicated contract.
OnDemand
The OnDemand Services are performed subject to platform availability and are not interruptible, excluding Suspension terms.
Flex
Flex Services, which have a lower priority than OnDemand Services, are executed subject to platform availability and may be interrupted, by a Suspension condition or when a higher priority Service requires it.
The rates charged by Qarnot Computing and applicable to the Services are permanently available on the Site. Qarnot Computing reserves the right, at any time, to change its rates, discounts, and/or to institute any new contribution applicable to the Services.
The Customer may select a payment method from among those accepted by Qarnot Computing and published on the Website. The amount paid is credited to the Customer's Credits.
Qarnot Computing can offer free Credits, without this being mandatory. Qarnot Computing reserves the right to cancel these free Credits without conditions or notice.
When free Credits are offered without compensation, they are considered to be consumed as a priority of Customer Credits.
When Free Credits are offered during a purchase, they are only consumed after the expiry of the right of withdrawal or if the associated paid credits have been consumed.
Qarnot Computing will not provide any refund, in whole or in part, in the event of termination of the Services or breach of contract.
In accordance with articles L221-18 and following of the Consumer Code, the consumer Customer has a right of withdrawal. He can exercise this right, without having to justify reasons or pay penalties with the exception, where applicable, of return costs, within fourteen (14) days from the day after his order.
The Customer must exercise his right of withdrawal before the expiry of the aforementioned period either by contacting Support, or by sending Qarnot Computing a registered letter with acknowledgement of receipt to Qarnot Computing.
The Customer cannot exercise his right of withdrawal in the cases provided for in article L221-28 of the Consumer Code, in particular for Services fully performed before the end of the withdrawal period or for goods and Services made according to consumer specifications or clearly personalized.
Under no circumstances will Qarnot Computing refund free Credits.
Qarnot Computing offers the Customer technical support accessible by email at support-compute@qarnot-computing.com.
Email support is provided all the time, with no guarantee of response at nights, weekends and holidays (French).
The Customer undertakes not to misuse the Support.
The Customer is prohibited from:
1. contact Support for services or products that they would not have contracted directly with Qarnot Computing;
2. connect the Support teams with its own customers or any other third party to the Contract.
The Customer undertakes to adopt an adequate, cordial and respectful conduct in its relationships with the Support. Qarnot Computing reserves the right to no longer respond to the Customer's requests and to immediately terminate the Contract in the event of abusive, outrageous or degrading behavior. These behaviors may be the subject of proceedings against the Customer. Qarnot Computing may, in this context, use any means of proof that it considers useful and appropriate (extracts from communications with the Customer, screenshots, emails, telecommunications recordings, etc.).
Each of the Parties declares and guarantees that it has the authority and capacity necessary for the conclusion of the Contract and the performance of the obligations incumbent on it.
Qarnot Computing can only be held liable in the event of proven fault or negligence causing direct harm to the Customer, excluding any indirect damage of any kind whatsoever, and according to the exclusions below.
Qarnot Computing is not responsible for:
1. Any act or omission of a third party beyond the reasonable control of Qarnot Computing;
2. Indirect damages, as commonly admitted by case law, including in particular loss of order, profits, customers or operations, damage to the image;
3. The return of data and damage related to the loss or alteration of all or part of the Customer's data (Qarnot Computing is only responsible for the sole availability of storage spaces);
4. Illegal content used or exploited by the Customer and/or its Users from the Services;
5. The loss, disclosure or illicit or fraudulent use of the Customer's means of authentication;
6. The use of the Services by the Customer in a manner that is not in accordance with the Contract;
7. The temporary or permanent suspension of the Services.
Qarnot Computing's liability limit is limited to credits paid by the customer over a rolling year.
The Customer assumes all risks and perils related to its activities and is in particular solely responsible for the use of the Services in compliance with the Contract, including when the Services made available to him are used by or on behalf of third parties.
The Services do not constitute a guarantee of continuity of services, protection and preservation of Customer data. The Customer remains solely responsible, in particular in the event of hosting sensitive data and/or necessary for the continuation of its activities.
The Customer declares to have the necessary skills and technical knowledge and to have read the characteristics of the Services before using them.
If the Customer uses the Services in the context of a professional activity, or when acting on behalf of third parties, he undertakes to take out and maintain, throughout the duration of the Contract, civil liability insurance covering all damages likely to be attributed to him by a well-known solvent organization.
The Customer guarantees Qarnot Computing against all consequences, in particular all claims or legal actions from a third party, resulting from:
1. the use or exploitation of illicit data in connection with the Services;
2. fraudulent use of the Services or use that does not comply with applicable laws and regulations;
3. use of Third-Party Services, Products and Data in violation of the rights of third parties (in particular the intellectual property rights of third parties);
4. the loss or the unauthorized or fraudulent use of the means of authentication;
5. the loss of third party data.
The Customer will intervene in the context of all requests, claims and/or actions of third parties involving the data and/or the provisions of the Contract, including the administrative and judicial authorities.
As such, the Customer will indemnify Qarnot Computing for all resulting damages, and will bear all reasonable legal costs (reasonable fees for lawyers, bailiffs, etc.), as well as damages awarded to a third party per transaction or binding decision rendered against Qarnot Computing. The Customer will not accept any transaction ending this claim or action without the prior written consent of Qarnot Computing.
No Party will be responsible for the non-performance of its obligations if it results directly or indirectly from a case of force majeure as defined in article 1218 of the Civil Code and the case law of French courts, in particular fires, floods, natural disasters, natural disasters, power cuts outside the control of the prevented Party.
The prevented Party must inform the other Party in writing as soon as possible of the existence, circumstances, impact on the Services and the estimated duration of this event or its effects and keep the other Party regularly informed.
If the case of force majeure continues for a period of more than thirty (30) consecutive days, each Party may automatically terminate the affected Services.
Each Party undertakes, with respect to the confidential information of the other Party that is disclosed to it or to which it has access under the Contract:
Each Party may disclose the other Party's confidential information to its counsellors if they are part of a regulated profession subject to professional secrecy (such as lawyers, accountants or auditors).
Each Party shall refrain from disclosing the confidential information of the other Party to third parties without the prior written consent of the other Party, and shall ensure that the confidentiality of this information is respected by all third parties to whom it discloses it.
The terms of the Contract and all information communicated between the Parties, or to which the Parties have access in the context of the execution of the Contract, regardless of its form and nature (in particular financial and marketing information, trade secrets, trade secrets, know-how, information relating to the security and conditions of use of the Services) are considered to be confidential information (in particular financial and marketing information, trade secrets, trade secrets, know-how, information relating to the security and conditions of use of the Services).
For information to be considered confidential, it is not necessary for its confidential nature to be mentioned on the document or other medium containing the information, or to be specified at the time the information is disclosed.
Each of the Parties undertakes to respect its obligation of confidentiality throughout the duration of the Contract as well as for a period of two (2) years from its end, regardless of the cause.
Confidentiality commitments do not apply to information where the receiving Party can demonstrate that:
The Contract is governed by French law. The Parties will attempt to resolve amicably any dispute arising between them.
The Parties expressly agree to submit the dispute to the Court at the head office of Qarnot Computing, including in the event of multiple defendants, warranty claims or summary proceedings. Consumers, in the event of a dispute and in accordance with the provisions of the Code of Civil Procedure, may refer the matter to the Court at the defendant's place of residence or, at their option, that of the place where the service is provided.
By way of derogation from the legal limitation periods, the Parties expressly agree that the Customer may not take any action against Qarnot Computing after a period of two (2) years from the occurrence or discovery of the damage in question, under pain of foreclosure.
If a clause of the Contract is declared void pursuant to a law, regulation or final court decision, this clause will be deemed unwritten, without this affecting the validity of the other clauses of the Contract. In this case, the Parties must, as far as possible, replace the cancelled clause with another corresponding to the spirit and object of the Contract.
The renunciation by one of the Parties of a provision of the Contract cannot be interpreted as a renunciation of another provision of the Contract. Likewise, the fact that one of the Parties does not rely on one of the provisions covered by the Contract cannot subsequently be interpreted as a renunciation of the provision in question.
The Contract does not give one Party the right to represent the other for any purpose whatsoever and does not have the object or effect of creating a de facto company, a joint venture, a joint venture, or any other form of joint venture or association. Each Party remains entirely independent, in control of the management of its affairs, and responsible for all its actions, and assumes all the risks associated with its activity alone.
The Customer may not assign, delegate or transfer all or part of the rights or obligations under these Terms of Use without having obtained the written agreement of Qarnot Computing. Qarnot Computing is authorized to transfer to a third party all or part of its rights and obligations hereunder, without the prior agreement of the Customer.
Throughout the period of use of the Services by the Customer, Qarnot Computing is authorized to take advantage of the commercial relationship maintained with the Customer as part of the usual conduct of its communication activities. Qarnot Computing may also refer to the Customer's brands and logos on any media medium including all websites operated by Qarnot Computing throughout the world.
The following sections of the Agreement will survive its termination or expiration regardless of the cause:
And more generally any clause that by nature is intended to survive the termination of the Contract.
Qarnot Computing reserves the right to revise these Terms of Service, the rates applicable to the Service (s), and any document relating to the terms of use of the Services at any time. Changes to the Terms and Serivces will be notified to the Customer by email or on the Service interfaces.
