REFINER SAS is a company incorporated under French laws with a capital of 1 000 euros. Its head office is located at 10 rue de Penthièvre 75008 Paris, France (hereinafter “REFINER”), registered in the RCS Paris under the number 851 824 318, which provides the Refiner Solution in SaaS mode.

By registering on the Website or using the Service, the Company (as defined below) acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. REFINER strongly advises the Company to print and/or save a copy of the Terms of Service.

These Terms of Service may be amended from time to time. It is the Company’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Company agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Company’s acceptance of such revised terms.

Effective date: 15th July 2026

Scope – Business customers only. The Service is offered exclusively to professionals acting within the scope of their business activity (B2B only). The Company represents that it is not acting as a consumer within the meaning of French consumer law.

Order of precedence. In case of conflict, the following order shall prevail: (1) any order form, statement of work or specific written agreement signed by both Parties; (2) any data processing addendum (DPA) agreed between the Parties; (3) the Subscribed Plan and its commercial conditions; (4) these Terms of Service; (5) the Privacy Policy and any documentation made available by REFINER (for information purposes only).

1. Definitions

In these Terms of Service, words or phrases beginning with a capital letter shall have the following meanings:

“Account” means the account of the Company after entering into the Agreement, which enables the Company to use the Service.

“Agreement” means the agreement constituted by these Terms of Service, the Subscribed Plan, the Privacy Policy and any potential subsequent amendments of those as well as any separate agreement entered into between REFINER and the Company for the performance of the Service.

“API (Application Programming Interface)” means the application programming interfaces provided by REFINER that enable automated data exchange between REFINER and external systems operated by Company or third parties. The APIs allow authorized access to read configuration and User data from a REFINER account and to create, update, or otherwise modify data within the account ;

“Behavioral Data” is data generated by observing the behavior of a Contact.

“Contact” means a single individual whose Contact Data and Survey Response Data is stored by the Refiner Solution on behalf of the Company.

“Contact Data” means the name, email address, phone number, online user name(s), telephone number, and similar information provided by the Company and uploaded by the Company to the Refiner Solution. Contact Data does not include Survey Response Data.

“Company” means the individual or legal entity, professional only, with whom REFINER entered into the Agreement and whose name and address appear on the Account. The Company and REFINER are hereinafter collectively referred to as the “Parties” or individually as a “Party”.

“Company Data” means any information stored by REFINER related to a Company, their Account, its Personnel as well as the User Data they provided.

“Company Staff Data” means any personal information stored by REFINER related to a Company’s personnel.

“Personal Data” means any information relating to a natural person who is or can be identified, directly or indirectly and further defined in the Privacy Policy.

“Privacy Policy” means the document drawn up by REFINER presenting how it processes Company Data and User Data (https://refiner.io/legal/privacy-policy);

“Refiner Solution” means the Refiner software, as well as any related applications, developed and published by REFINER.

“Service” means the grant of access to the Refiner Solution by REFINER and the use of the Refiner Solution in SaaS mode by the Company, under the terms and conditions set out in the Agreement.

“Subscribed Plan” means the fee-based plan subscribed by the Company for a fixed monthly or an annual period, which appears on the Account (and then possibly modified by the Company). The Service is provided through separate offers, which functionalities are described on the Website, or through specific tailored offer(s).

“Survey” means a collection of questions created by the Company while using the Refiner Solution. The purpose of Surveys are to capture Contact Data from Contacts on behalf of the Company.

“Survey Response Data” means data linked to a Contact which is collected by REFINER through a Survey on behalf of the Company.

“Third Party API” means an external web service to the Refiner Solution to which the Company may send User Data.

“Team Members” means the Company’s employees, representatives, consultants, contractors or agents who are authorized to use the Service for the benefit of the Company and have unique user identifications and passwords for the Service.

“User Data” means Contact Data, Behavioral Data and Survey Response Data. User Data does not include Company Staff Data.

“Website” means the REFINER website accessible at www.refiner.io and presenting the Refiner Solution.

2. Purpose of the Terms of Service

The purpose of the Terms of Service is to set out the conditions under which REFINER provides the Service to the Company, who accepts it, a nonexclusive and nontransferable right to use the Refiner Solution in SaaS mode. In exchange, the Company agrees to pay the contractual fee and to comply with all requirements set out in the Agreement, including the Terms of Service.

3. Service description, access and availability

3.1. Description of the Service

The Refiner Solution is a hosted cloud software, which enables a Company to manage and process Contacts. Amongst other functionalities, the Refiner Solution allows a Company, under the Company’s responsibility and liability, to import Contacts and Contact Data, create Surveys, capture Survey Response Data, download their Contact Data and Survey Response Data, or send Contact Data and Survey Response Data to Third Party APIs.

The Service does not include any long-term storage and backup of User data (see 3.3. Availability).

3.2. Access

The Company’s Account may be used by one or multiple Team Members. The Team Members access the Service through their own and personal access credentials (email and password). The Company bears all liability as to the access and the use of the Account. The Account requires the Company to provide each and all Team Members’ legal full name, a valid email address, and any other information requested in order to complete the registration process.

3.3. Availability

The Service is available to the Company 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement.

The Service does not include any long-term storage and backup of Company data. The Company understands that it has the sole responsibility to ensure that all User Data and Company Data are backed up and stored long-term outside the Refiner Solution.

REFINER disclaims all liability in the event of Company Data loss. It is therefore the sole responsibility of the Company to take all necessary steps to back up and preserve, by its own means and outside the Refiner Solution, all its data, whether User Data or Company Data. REFINER does not in any way guarantee the long-term storage or backup of data transmitted or processed through the Service. Consequently, the Company acknowledges that it alone bears the risks associated with the loss, deletion, or alteration of its data, and no claim can be made against REFINER in this regard. This exclusion of liability applies in particular to any incident, technical failure, maintenance operation, or any other event that may result in temporary or permanent unavailability of the data.

3.4. Support

Support for the Services is only available in English, via email (contact@refiner.io).

At the Company’s request, REFINER may, with or without a fee, through its dedicated Company Support Department, assist the Company with identifying its needs with regard to the Refiner Solution and train the Team Members to optimize the use of the Service.

3.5. Security

REFINER implements appropriate technical and organizational measures designed to protect the Service and the Company Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. The Company acknowledges that security is a shared responsibility and undertakes to (i) keep its credentials confidential, (ii) apply appropriate access control and password practices, and (iii) ensure the security of its own systems and networks. The Company is solely responsible for the configuration choices it makes in the Service (including Surveys, data fields and integrations) and for the content of Company Data it uploads or collects.

In the event of a Personal Data Breach affecting Company Data, REFINER shall notify the Company without undue delay and, in any event, no later than seventy-two (72) hours after becoming aware of such breach. Such notification shall include, to the extent available at the time of notification:

a description of the nature of the Personal Data Breach, including where possible the categories and approximate number of data subjects and records concerned;
the contact details of a point of contact from whom further information can be obtained;
the likely consequences of the Personal Data Breach; and
the measures taken or proposed to address the breach, including measures to mitigate its possible adverse effects.

Where all information cannot be provided at the same time, it shall be communicated in phases without undue delay. The detailed procedure governing Personal Data Breach notification is set out in the DPA, which prevails in the event of any conflict with these Terms of Service.

3.6. Maintenance – no SLA unless agreed

Unless otherwise agreed in writing, REFINER does not provide any service level agreement (SLA) or guaranteed uptime. REFINER may perform maintenance operations that may temporarily affect availability. REFINER will use commercially reasonable efforts to schedule maintenance outside peak usage and, where reasonably practicable, to inform the Company in advance. Support is provided on a best-efforts basis (Section 3.4) and is limited to the English language.

Various questions and concerns of the Company may find a quick answer by reading the documentation of the Refiner Solution.

4. Pricing, invoicing and penalties

4.1. Pricing

A specific pricing applies to any monthly or annual subscription plan, which are detailed under the page “Pricing”, except for the free Account for a limited trial period. The pricing are in Euros, British Pounds or in US Dollars and all tax excluded, except when expressed otherwise. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Company shall be responsible for payment of all such taxes, levies, or duties in its jurisdiction.

The Company may have access to a free Account, during which the Company uses the Service free of charge. Each Company may subscribe only once to a free Account and shall not maintain more than one free Account. At any time while using the free Account, the Company may opt for a Subscribed Plan, which will be charged automatically.

For any upgrade or downgrade of the Subscribed Plan, the new price will apply as of the day following the date of the change in the Subscribed Plan. The billing cycle remains unchanged and the invoicing will include the details as to the pro rata. In the event of an amendment of the Company’s Subscribed Plan or a change from the Subscribed Plan to a free Account, the Company shall not be entitled to a refund.

4.2. Payment and Invoicing

By default, all Subscribed Plans must be paid, through REFINER payment service provider (Stripe Payments Europe Ltd), for in full using a credit card, exclusively with one of the following credit cards: Visa, Mastercard, Amex. The Company must enter valid credit card information.

Company can request to pay for the Refiner Solution through payment methods (DACH, wire transfer, SEPA, …) other than credit cards. It is in the sole discretion of REFINER to accept payment methods other than credit cards and additional terms might apply.

The Service is billed in advance on a monthly or annual basis, irrespective of the use of the Service made by the Company. The amount already paid is neither fully or partially refundable. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever. REFINER will provide no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

REFINER shall automatically send the Company an email receipt for each payment. In addition, the Company may also download a PDF version of the invoice including the Company’s details in his/her/its Account.

4.3. Penalties

In case of late payment, any sums due shall bear, automatically and without prior notice, late-payment interest equal to three (3) times the legal interest rate, calculated from the day following the due date until full payment. The Company shall also be liable for the statutory fixed recovery costs indemnity of forty (40) euros, in accordance with Article L. 441-10 of the French Commercial Code, without prejudice to REFINER’s right to claim additional compensation if the recovery costs actually incurred exceed this amount.

5. Modification/Suspension of Service and Pricing

REFINER reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.

REFINER may also temporarily suspend access to the Service, in whole or in part, without liability to the Company, if: (i) any undisputed amount due by the Company remains unpaid 14 days after the due date and after one reminder; or (ii) REFINER reasonably believes that the Company’s use of the Service threatens the security, integrity or availability of the Service or of any third party systems; or (iii) Refiner is required to do so by applicable law or by a competent authority.

REFINER shall use commercially reasonable efforts to give prior notice of any suspension and to limit the suspension in time and scope to what is strictly necessary. Access to the Service shall be restored as soon as the underlying cause of suspension has been remedied, including full payment of any overdue amounts where applicable. Any suspension under this clause shall not relieve the Company of its obligation to pay the applicable Fees for the Subscription Term.

Prices of all Services, for the monthly or annual subscription plan to the Service, are subject to changes at any time. Such notice may be provided at any time by posting the changes on the Website, or the Refiner Solution itself. Such changes shall not apply for the ongoing Subscribed Plans and shall only apply for the Subscribed Plans entered after the modification of pricing.

6. Terms

The Agreement becomes effective upon creation of an Account by the Company (including a free Account) and remains in force for the term of the applicable Subscribed Plan, unless terminated earlier in accordance with the Agreement. The minimum duration is one (1) month for monthly Subscribed Plans and one (1) year for annual Subscribed Plans.

Subscribed Plans renew automatically for successive periods of the same duration unless either Party gives written notice of non-renewal at least seven (7) working days before the end of the then-current Subscribed Plan. It is the Company’s sole responsibility to anticipate the end of the Subscribed Plan. No amounts received in advance are refundable.

Upon termination or expiry of the Agreement, the Company will no longer have access to the Service. During the term of an active paid Subscription, User Data is generally retained by REFINER for as long as reasonably necessary to provide the Service, unless the Company deletes such User Data, configures shorter retention settings in its Account, or unless earlier deletion is required by the Agreement, applicable law, or the Company’s documented instructions. Following termination or expiry, and subject to applicable law and legitimate retention needs (e.g., security, dispute, accounting), REFINER may make Company Data available for export for a period of one hundred and eighty (180) calendar days from the termination/expiry date (the “Retrieval Period”). After the Retrieval Period, REFINER shall, within ten (10) Business Days, either delete all copies of Company Data or return them to the Company and delete existing copies thereafter, and shall provide written certification of such deletion to the Company, unless Union or applicable national law requires further retention. The Company remains solely responsible for exporting and archiving its Company Data prior to termination/expiry. The detailed procedure governing deletion and return of Company Data is set out in the DPA, which prevails in the event of any conflict with these Terms of Service.

Any assistance requested by the Company for data export beyond the standard tools made available in the Service may be provided by REFINER, at its sole discretion, and shall be subject to additional fees on a time‑and‑materials basis.

7. Granting and undertaking of REFINER

REFINER undertakes to use all reasonable and human resources to provide the Service, subject to (i) the full payment by the Company of the contractual fees and (ii) interruptions, suspension or discontinuance of all or any portion of the Service due to maintenance, service disruption or failure external to REFINER. For maintenance operations, REFINER will endeavour to inform the Company in advance by email or via the Website or the Refiner Solution. The temporary interruptions of the Service, of any kind, will under no circumstances give rise to indemnification of any kind to the Company’s benefit. Any service not expressly provided for in the Agreement, such as training, support, etc., shall be subject to a separate agreement, based on a quotation established according to REFINER’s applicable rates.

8. Granting and undertaking of the Company

The Company, who enters into the Agreement on behalf of a company or other legal entity, grants that he/she/it has the authority to bind such entity and its affiliates. The Company grants to be a natural or a legal entity, acting as a professional, excluding any robots. Accounts registered by “bots” or other automated methods – including AI agents - are not permitted.

The Company undertakes to:

acquire the necessary hardware and software, and to subscribe to telecommunications services (internet access) required to remotely use the Service. The costs for such equipment and for Internet access services are exclusively borne by the Company;
ensure that the Company and its Team Members are trained to use the Service and Internet based technologies;
maintain the security of the Account and the related password;
accurately transmit, under his/her/its sole responsibility, all information required for the performance of the Agreement and warrants the accuracy of such information. The Company hence commits to report any change to these information;
pay the contractual fees under the conditions set out in the Agreement;
respect REFINER’s intellectual property rights;
refrain from using the Service in conditions that may impair the functioning or safety of the Service;
refrain from modifying, adapting or hacking the Service or modify another website so as to falsely imply that it is associated with the Service, or with REFINER;
refrain from uploading, or transmitting unsolicited email or “spam” messages;
refrain from reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the written permission by REFINER;
refrain from transferring to Company’s Account data that may:
- impair the functioning of the Service;
- contain or be likely to contain viruses or any code of a destructive nature;
- be of an illegal nature, contrary to the laws or regulations in force, contrary to morality (pornography, violence, etc.) or infringing third parties’ rights, including (without limitation) intellectual property rights and the right to privacy.
not, and ensure that its Users do not, access or use the Service by means of any automated tools, scripts, software robots, crawlers, “AI agents” or similar technologies, except through the API and within the technical and usage limits expressly documented by REFINER. Where Company decides to use any third party artificial intelligence tools or automation to interact with the Service (for example by generating prompts, scripts or API calls), Company remains solely responsible for (i) the configuration and outputs of such tools, (ii) any decisions or actions taken on the basis of data or insights obtained through the Service, and (iii) compliance of such use with this Agreement and applicable law.

Accordingly, the Company is responsible for any damages such data could cause to REFINER, to a third party, to the Service and will hold REFINER harmless against any claims that may be brought against REFINER by a third party because of such data and, more generally, the Company’s use of the Service. The Company understands and agrees that REFINER cannot be held responsible for the data submitted to the Service. The Company therefore agrees to use the Service at his/her/its own risk.

REFINER may remove Accounts and all associated Company Data that contains data that REFINER considers in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any Party’s intellectual property right(s) or the Agreement.

9. Liability

The Service is provided on an “as is” basis and “as available” basis. The Service shall not substitute any other function in the Company’s organization. The information given by REFINER is provided solely for the use of the Service but not for the Company’s organization. REFINER has an obligation of means and does not provide any implicit or explicit warranty as to the use of the Service.

The use of the Service is provided at the Company’s sole risk. The Company understands that the technical processing and transmission of User Data and Company Data may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

REFINER does not warrant that (i) the Service will meet the specific requirements of the Company, (ii) the Service will be uninterrupted, timely, secure, or errorfree, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by the Company through the Service will meet the Company’s expectations, and (v) any errors in the Service will be corrected.

During the term of the Agreement, User Data is retained by REFINER for a period of up to one hundred and eighty (180) calendar days by default for operational purposes. It is therefore the Company’s responsibility to ensure the backup and long-term storage of its User Data and Company Data outside the Service. Upon termination or expiry of the Agreement, the deletion and return of Company Data are governed by Article 6 of these Terms of Service and the DPA, which prevails in the event of any conflict. REFINER shall not be held responsible for any loss of Company Data occurring after the applicable retention period has elapsed.

REFINER might block the Company’s Account in the event that the Company went over the limit of the Subscribed Plan. REFINER excludes any liability for the suspension of the Account.

The Company understands that REFINER uses third party vendors and hosting partners (“Sub-processors”) to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the Service. The list of Sub-processors currently authorised by the Company is set out in Appendix B of the Data Processing Agreement (DPA). REFINER shall inform the Company in writing of any intended addition or replacement of Sub-processors at least fourteen (14) days in advance, giving the Company sufficient time to object to such changes prior to the engagement of the relevant Sub-processor. The Company may exercise its right to object by written notice to REFINER within that period. Where no objection is raised within the notice period, the new or replacement Sub-processor shall be deemed authorised.

The Company also understands that, while the Refiner Solution offers tools to easily set up a connection with such systems, APIs (Application Programming Interfaces) are published and maintained by independent providers other than REFINER. The Company is therefore solely liable as to the transfer, the download or any use of the data sent to or through an API, excluding any liability of REFINER. The Company is aware that it may have to enter into a specific and separate agreement as to the use of any such API. REFINER remains fully liable to the Company for the performance of each Sub-processor’s obligations under the DPA. Where a Sub-processor is established outside the European Economic Area, the applicable transfer safeguard (standard contractual clauses, EU-U.S. Data Privacy Framework certification, or adequacy decision) is identified in Appendix B of the DPA.

REFINER excludes any liability in the events of:

a downgrading of the Service;
loss of Company Data, features, or capacity of the Company’s Account;
a modification, price change, suspension or discontinuance of the Service;
a loss or damage from Company’s failure to comply with the Company’s undertakings, including his/her/its security obligation;
concerning use of Company Data.

To the maximum extent permitted by applicable law, REFINER shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including (without limitation) loss of profits, revenue, goodwill, data, business opportunities, anticipated savings, or business interruption, arising out of or in connection with the Agreement or the use of (or inability to use) the Service, even if advised of the possibility of such damages.

In any event, and to the maximum extent permitted by applicable law, REFINER’s aggregate liability arising out of or in connection with the Agreement (all causes of action combined) is strictly limited to the fees actually paid by the Company for the Subscribed Plan giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability. Nothing in the Agreement excludes or limits liability that cannot be excluded or limited under French law, including liability for death or personal injury caused by negligence, or for fraud, willful misconduct or gross negligence (faute lourde/dolosive).

10. International Sanctions

Company represents and warrants, on an ongoing basis, that neither it nor any of its directors, officers, employees, affiliates, agents or ultimate beneficial owners is (i) a person or entity that is the target of, or owned or controlled (directly or indirectly) by a person or entity that is the target of, any applicable economic or financial sanctions, asset-freeze measures or restrictive measures, or (ii) located, organized, resident or ordinarily resident in, or acting on behalf of, any country, region or territory that is the target of comprehensive sanctions or embargoes (collectively, “Sanctions”).

For the purposes of this Section, “Sanctions” includes any applicable sanctions, embargoes and restrictive measures administered, adopted or enforced by the United Nations, the European Union, France, the United States (including OFAC) and the United Kingdom (including OFSI), as amended from time to time.

Company shall not (and shall ensure that its Team Members do not) use, access, export, re-export, transfer or otherwise make available the Service, the Refiner Solution or any related technology or data (including by providing access credentials) in any manner that would cause REFINER to be in violation of Sanctions or of applicable anti-money laundering and counter-terrorist financing laws and regulations (including French “LCB-FT” requirements) (together, “AML/CFT Laws”).

Company shall forthwith notify REFINER in writing of any actual or suspected breach of this Section or any change that would make the above representations inaccurate, and shall provide REFINER with reasonable information and cooperation (including, where appropriate, information on beneficial ownership and intended use) to enable REFINER to comply with applicable legal obligations. REFINER may suspend access to the Service and/or terminate the Agreement with immediate effect upon notice if REFINER reasonably believes that the Company’s use of the Service may violate Sanctions or AML/CFT Laws, or if required by a competent authority, without liability to the extent permitted by applicable law.

11. Termination for breach

Breach(es) of any of the terms and conditions of the Agreement by the Company will result in the termination of the Agreement and the closing of the Company’s Account. Should the Company fail to remedy the said breach within seven (7) days from the suspension of his/her/its access to the Service, REFINER shall be fully entitled to terminate the Agreement with immediate effect and without prior notice. From the termination date, the Company will no longer be able to use the Service. User Data relating to the Company’s Account will be deleted without the Company being entitled to any compensation. The Company shall be solely responsible for the consequences of the termination of the Agreement, in particular in terms of continuity of its internal management and commercial activities.

No amount received in advance by REFINER for the Subscribed Plan will be refunded and the Company shall not be entitled to any compensation whatsoever.

Suspension of the Service and/or termination of this Agreement shall not prevent or otherwise impede the claim(s) REFINER may present as a result of the Company’s breach(es).

12. Intellectual property rights

12.1. REFINER ownership and undertakings

All intellectual property rights on the Refiner Solution and all content available on the Website remain the sole property of REFINER. REFINER warrants that it has developed the Refiner Solution and owns the intellectual property rights to the Refiner Solution and all elements used to provide the Service.

REFINER undertakes not to claim any ownership on the User Data processed through the Service, which remains the sole property of the Company.

12.2. The Company’s ownership and undertakings

The Company remains the owner of all User Data provided by the Company, as well as all Survey Response Data captured by REFINER on behalf of the Company.

The Company undertakes to refrain from any act or behavior that may directly or indirectly affect the intellectual property rights owned by REFINER, such as but not limited to, the intellectual property rights owned on the Refiner Solution, the related trademark and logo used by REFINER.

The Company warrants and will hold harmless REFINER against any claim, demand, suit or proceedings made or brought against REFINER by a third party alleging that the Company Data, the use of the Service in violation of the Agreement, infringes, misappropriates the intellectual property rights of a third party or violates applicable law and regulation. The Company undertakes to indemnify REFINER for any damages awarded against, and for reasonable legal fees (including attorney’s fees) incurred by REFINER in connection with any such claim, demand, suit or proceedings, provided that REFINER (i) promptly informs the Company in writing of the claim, demand, suit or proceeding, (ii) gives the Company the sole control of the defense and settlement of the claim, demand, suit or proceedings (such settlement may be entered to the extend that said settlement releases unconditionally REFINER of its liability) and (iii) provides the Company with all reasonable assistance. All fees incurred will be borne exclusively by the Company.

13. Privacy

To the extent REFINER processes Personal Data on behalf of the Company as part of the Service, the Parties acknowledge and agree that, for all processing operations carried out through the Service, the Company acts as data controller and REFINER acts as data processor within the meaning of Regulation (EU) 2016/679 (GDPR). The Company is solely responsible for (i) determining the purposes and means of the processing carried out using the Service, (ii) providing all required information notices to data subjects, (iii) collecting any required consents and ensuring a valid legal basis for each processing activity, and (iv) ensuring that any Personal Data uploaded or collected through the Service is processed in compliance with applicable data protection law.

The processing of Personal Data carried out in connection with the Service, including the security commitments, the use of sub-processors, data subject rights assistance, Personal Data Breach notification, and international transfers, is governed by the Data Processing Agreement (DPA) made available by REFINER, which forms an integral part of the Agreement. In the event of any conflict or inconsistency between these Terms of Service and the DPA with respect to data protection matters, the DPA shall prevail. The Company is encouraged to review the DPA prior to using the Service. Where no DPA has been separately executed, the standard DPA made available by REFINER at https://refiner.io/legal/dpa shall apply. In its capacity as data processor, REFINER shall assist the Company in fulfilling its obligations to respond to requests from data subjects exercising their rights under applicable data protection law (including rights of access, rectification, erasure, restriction of processing, data portability, and objection), by implementing appropriate technical and organizational measures, taking into account the nature of the processing. If REFINER receives a request directly from a data subject in respect of Company Data, REFINER shall promptly notify the Company and shall not respond to such request except on the documented instructions of the Company, or as required by applicable law. REFINER shall further assist the Company, to the extent possible and taking into account the information available to REFINER, in conducting data protection impact assessments and in carrying out prior consultations with competent supervisory authorities where required. The detailed modalities of such assistance are set out in the DPA.

14. Confidentiality

REFINER and the Company undertake to keep confidential all information and documents concerning each Party, of any nature whatsoever, to which the relevant Party may have referred to, or provided, during the performance of the Agreement. The above shall not prevent REFINER to mention its commercial relationship with the Company, as provided below.

15. Force majeure

REFINER uses all technical means which may be reasonably used for the performance of the Service. REFINER shall therefore not be held liable in the event that the Service is not available in the case of force majeure, including but not limited to, network failure, strike, natural disaster, earthquake, public telecommunication network failure, failure of Internet connection due to private or public agents to which REFINER relies upon.

The Company waives any right to indemnity of any nature whatsoever in the event of force majeure and REFINER shall not be held liable for any cost incurred due to the impossibility to use the Service.

16. Miscellaneous

At any time and at its own discretion, REFINER reserves the right to assign, subcontract, transfer and / or provide all or part of the rights and obligations subject of the Agreement to a third party in any form whatsoever.

This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof. It supersedes all prior negotiations, contracts, and undertakings between the Parties with respect to such matter.

The fact that one of the Parties did not request the application of any provision of this Agreement shall in no event be deemed or interpreted as a waiver of the right that Party has under this provision.

Unless the Company notifies REFINER in writing of its objection, REFINER may mention the existence of the commercial relationship with the Company (company name) for its internal records and for external marketing purposes (e.g., client list). Any use of the Company’s logos or trademarks (other than the company name in plain text) shall be subject to the Company’s prior approval.

17. Choice of law and jurisdiction

The Agreement is subject to the laws of France. Any dispute shall be referred to and finally determined by the competent courts of Paris (France).