These General Terms and Conditions of Sale and Services (GTS) apply to all orders placed with NextCube.IO – XDI Europe.

Article 1. DEFINITIONS

“Administrator(s)” refers to persons having administration rights on Dassault Systèmes tools consumed for use through NextCube.IO – XDI Europe.

“Assistance” refers to the assistance service provided to the Customer under this Agreement, as described in Article 4.

“Contract” means this document and any subsequent amendments, to the exclusion of any other document, in particular the Customer’s general terms and conditions of purchase.

“Software Services” means the tool(s), software package(s) or solution(s) in SaaS mode published by third-party publishers and marketed by NextCube.IO.

“Service(s)” refers to the service(s) provided by NextCube.IO – XDI Europe to the Customer, as described in the sales proposal or quotation issued by NextCube.IO – XDI Europe. More specifically, the Services may relate to the provision of software Services published by Dassault Systèmes, or associated additional services such as installation or start-up assistance, where applicable.

“User(s)” refers to natural persons, employees or agents of the Customer.

Article 2. SCOPE AND PURPOSE

All orders accepted by NextCube.IO – XDI Europe, a société par actions simplifiée (simplified joint stock company), registered in the Versailles Trade and Companies Register, with its registered office at 41 avenue des trois Peuples 78180 Montigny le Bretonneux, hereinafter referred to as “NextCube.IO”, are final and imply the latter’s unreserved acceptance of the present General Terms and Conditions, regardless of any clauses appearing on documents issued by the Customer, it being specified that the Customer’s General Terms and Conditions of Purchase are not applicable.

The purpose of this Agreement is to define the conditions under which NextCube.IO – XDI Europe provides the Customer, through its supplier, Dassault Systèmes, with subscriptions to Dassault Systèmes services and, where applicable, its own services (installation, configuration, training….).

Article 3. DURATION

This Contract comes into force on the date of acceptance by the Customer of the quotation issued by NextCube.IO – XDI Europe, for a period specified in the quotation. Each Service ordered may be subject to its own duration, which is specified in the quotation.

At the end of this period, they will be renewed by tacit agreement for successive periods of the same duration, unless terminated by either party by email (orders@ohmycad.com with confirmation of receipt), or registered letter with acknowledgement of receipt, at any time, subject to a notice period of 15 Days before the end date of the subscription. In the event of termination by the Customer, the Customer assumes full responsibility for the consequences of the termination of the Contract, particularly in terms of continuity of its internal management.

The contract is applied under the same conditions as those imposed by Dassault Systèmes in the contract for the product(s) ordered https://www.3ds.com/terms/lpt/ .

NextCube.IO – XDI Europe may, for the duration of the Contract and subject to one month’s notice, inform the Customer in writing of the deletion of a Software Product from the catalog of Services and, consequently, of the end of the provision of services for the Software Product concerned. Such events do not entail the termination of other Services currently provided to the Customer.

Article 4. SERVICES

4.1. Services provided by NextCube.IO – XDI Europe

The Customer declares that, prior to entering into the Contract, he has been able to ascertain that the Services offered by NextCube.IO – XDI Europe meet his expectations. Any services not expressly provided for in this Agreement are excluded from the scope of this Agreement and shall be the subject of a separate agreement. These services are provided exclusively remotely, with a common control of the administrators’ workstations if the customer’s infrastructure allows it. NextCube.IO – XDI Europe provides administrators with telephone and video support for Dassault Systèmes solutions. In this respect, NextCube.IO – XDI Europe endeavours to remotely resolve problems and questions relating exclusively to the Software Services ordered under this contract, which are submitted to it by the Administrators.

The Help Desk is available Monday to Friday from 9:00 am to 6:00 pm, except on public holidays, by sending an e-mail to support@ohmycad.com and/or calling support on +331 89 71 33 15.

Incidents and questions are handled by NextCube support. If they cannot be resolved by the Help Desk, an escalation procedure is set up with the publisher.

Publishers have their own support procedures. NextCube.IO – XDI Europe is not responsible for any difficulties in the operation of the software itself.

The Customer is responsible for selecting the Software Services. The Customer declares that it has freely ascertained, in particular through demonstrations and tests prior to the conclusion of the Contract, that the Software Services meet its requirements and that it has the IT environment required for their use. No claim or request for reimbursement may be made by the Customer on the grounds that one or more Software Services are unsatisfactory, nor in the event of termination or cessation, for any reason whatsoever, of the subscription taken out by the Customer with the software publisher(s). The Services are provided by NextCube.IO – XDI Europe exclusively for the Software Services subscribed to under this Agreement.

4.2. Customer obligations

The Customer undertakes to collaborate actively, whenever necessary, in carrying out the Services entrusted to NextCube.IO – XDI Europe, in particular by defining its needs precisely. It undertakes to provide NextCube.IO – XDI Europe with all the information required to carry out the Services and to inform NextCube.IO – XDI Europe of any difficulties of which it may be aware or which its knowledge of its field of activity would enable it to foresee, as and when the Services are carried out. To this end, the Customer undertakes to appoint one or more contact persons from among its staff, who must have the skills required for effective collaboration throughout the duration of the contract. In particular, the Customer undertakes to define its requirements precisely, exhaustively and in writing.

Article 5. INTELLECTUAL PROPERTY

The Contract does not transfer or grant any intellectual property rights between the Customer and NextCube.IO – XDI Europe. The Software Services are and remain the property of their respective publishers. The Customer is responsible for the respect of the intellectual property rights of the aforementioned publishers by the Users and releases NextCube.IO – XDI Europe from any liability in this respect.

5.1. Installation

Unless expressly provided otherwise, the price of Software supplied by NextCube.IO – XDI Europe does not include the price of services required for installation, parameterization or configuration, nor the price of user training.

5.2. Right of use

Software published by third parties and distributed by NextCube.IO – XDI Europe is provided under non-exclusive, non-assignable and non-transferable user licenses. They remain the property of their respective publishers. The terms and conditions of the user licenses are defined by the aforementioned publishers and apply to the Customer.

The Customer undertakes to comply with them and not to infringe the intellectual property rights of the publishers. In particular, it undertakes not to reproduce the Software or associated documentation unless otherwise stipulated or under specific license agreements, and not to exceed the limitations, in particular in terms of the number of users or workstations authorized, defined by the publisher’s license and/or in the order, and to use it only on the Customer’s site authorized under the terms of the license. It also ensures that its users comply with the license conditions defined by the Software publisher.

The Customer undertakes to use the Software only on the site of the geographical territory granted to it under the terms of the aforementioned license, in accordance with its documentation and solely for the needs of its business. It is forbidden to make them available to third parties, in any form whatsoever, and to have them used in the form of an application hosted by a third party. It is forbidden to decompile or attempt to decompile the Software, or to remove the mentions relating to the trademarks or property of the publisher of the Software.

5.3. Warranties

The Software supplied by NextCube.IO – XDI Europe to the Customer is freely chosen by the Customer. He/she declares that he/she is familiar with their functionalities and technical conditions of use. The Customer acknowledges that the Software supplied by NextCube.IO – XDI Europe is “packaged software”, i.e. standard software designed to meet the needs of the greatest number of customers, and that it is therefore the Customer’s responsibility :

(i) ensure, prior to the order and under its own responsibility, that the software meets its own requirements, by reading the software documentation and requesting any additional information from NextCube.IO – XDI Europe, and

(ii) adapt its organization and processes to the Software.

Consequently, no returns or returns will be accepted. NextCube.IO – XDI Europe in no way guarantees the suitability of the Software supplied to the Customer’s needs, nor its compatibility with other elements, hardware or software, of the Customer’s computer system, whether or not these elements have been supplied by NextCube.IO – XDI Europe. Software published by third parties is supplied without any warranty other than those granted by their publisher in accordance with the terms of the license subscribed to by the Customer.

Article 6. FINANCIAL CONDITIONS

The prices invo