This EULA applies to the Customer and to every Authorized User who accesses or uses the Solution, whatever the access channel (web browser, mobile device, shared workshop screen or API).

By accessing or using the Solution, the Authorized User accepts this EULA on his or her own behalf and acknowledges that the Customer has accepted it on behalf of the organisation. A person who does not accept this EULA must not use the Solution.

If Shizen and the Customer have entered into a written subscription, license or services agreement, including any appendices, data processing agreement or purchase order terms expressly accepted by Shizen (the “Agreement”), the Agreement prevails over this EULA in the event of any conflict or inconsistency. This EULA then applies only to matters not addressed by the Agreement.

Any general terms of purchase of the Customer that have not been expressly accepted in writing by Shizen do not apply.

Subject to compliance with this EULA and payment of the applicable fees, Shizen grants the Customer, for the duration of its subscription, a personal, non-exclusive, non-transferable and non-sublicensable right to access and use the Solution for its internal business purposes, for the sites and number of users covered by its subscription.

The Customer may allow its Authorized Users to exercise this right on its behalf. The Customer remains responsible for their compliance with this EULA.

The Solution is licensed, not sold. No right is granted other than those expressly set out in this EULA or the Agreement. In particular, no right to receive, access or use the source code is granted.

Each Authorized User receives personal credentials, or accesses the Solution through the Customer’s single sign-on (SSO) where configured using SAML or OpenID Connect. Credentials are strictly personal and confidential and must not be shared, except as provided in section 4.3.

The Customer is responsible for managing its users, roles and access rights, for the configuration of its identity provider, and for any activity carried out using the credentials of its Authorized Users. The Customer must promptly revoke access for any person who is no longer authorised, and must notify Shizen without delay of any suspected unauthorised access.

The Customer may create generic team accounts for shared devices such as workshop screens or shared terminals. The Customer decides whether to use such accounts in accordance with its own security policies and is solely responsible for their use, physical access to the relevant devices and the confidentiality of the associated passwords.

The Solution is accessible over the internet through a supported web browser on desktop computers, tablets and mobile devices, and, where made available, through Shizen mobile applications. The Customer is responsible for its equipment, networks and internet connections.

Where a mobile application is downloaded from a third-party app store, the terms of that store also apply to the download. This EULA is entered into with Shizen only, and the app store operator has no responsibility for the Solution.

The Solution provides an API allowing the Customer to connect it to its own information systems (such as ERP, MES, CMMS or business intelligence tools). Use of the API is subject to this EULA, the Documentation, the use of access tokens issued to the Customer, and rate limits.

API tokens are confidential. The Customer is responsible for their storage, for restricting them to the integrations it needs and for any call made with them. Shizen may revoke inactive or compromised tokens.

The Solution may display or exchange data with third-party services chosen by the Customer, for example by embedding reports from business intelligence tools, spreadsheets or other web pages. Such third-party services are governed by the Customer’s own agreements with their providers. Shizen is not responsible for their availability, content or security, nor for data transferred to them at the Customer’s request.

The Solution includes features based on artificial intelligence techniques, such as semantic search for similar or recurring problems and a contextual assistant providing configuration recommendations. Some of these features can be deactivated by the Customer.

These features are designed to assist users, not to replace their judgment. Their outputs may be incomplete or inaccurate. Authorized Users remain responsible for reviewing outputs and for all decisions and actions taken on the basis of them, in particular regarding safety, quality and compliance.

Customer Content processed by these features is processed only to provide the Solution to the Customer, in accordance with section 11.

The Customer retains all rights in its Customer Content. The Customer warrants that it holds the rights necessary to enter the Customer Content in the Solution and is solely responsible for its accuracy, legality and use.

The Customer grants Shizen, for the duration of the subscription, a non-exclusive right to host, reproduce, process and display the Customer Content solely to the extent necessary to provide, support, secure and maintain the Solution.

Shizen may compile aggregated technical and usage statistics that do not identify the Customer, any Authorized User or any Customer Content, in order to operate, secure and improve the Solution.

The Solution allows authorised administrators to export Customer Content in standard formats. At the end of the subscription, Customer Content is returned or deleted in accordance with the Agreement or, failing that, the applicable data processing terms.

Shizen and its licensors own all intellectual property rights in the Solution, including its software, interfaces, databases, templates, methodologies, trademarks and Documentation. Nothing in this EULA transfers any such rights to the Customer or its Authorized Users.

Shizen may freely use any suggestions or feedback relating to the Solution, without obligation to the Customer, provided that no Customer Content or confidential information of the Customer is disclosed.

For personal data contained in Customer Content and in user accounts, the Customer acts as data controller and Shizen as data processor, within the meaning of the EU General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”).

Shizen processes such personal data only on the documented instructions of the Customer and for the purpose of providing the Solution, in accordance with the data processing agreement entered into with the Customer, or, failing that, with Article 28 of the GDPR.

The Solution is hosted in France, within the European Union. The Customer is responsible for informing its Authorized Users about the processing of their personal data and for handling their requests to exercise their rights, with Shizen’s reasonable assistance.

Shizen implements appropriate technical and organisational measures to protect the Solution and Customer Content, in line with industry standards. Shizen’s information security management system is certified to ISO/IEC 27001:2022.

Security features available to the Customer include encrypted connections (HTTPS), single sign-on, configurable password policies, IP address restrictions, administrator activity logs and API token management. The Customer is responsible for configuring these features in accordance with its own policies.

The Customer must inform Shizen promptly of any vulnerability or security incident it detects. Shizen may temporarily suspend access where necessary to address a threat to the security or integrity of the Solution.

Shizen uses reasonable efforts to keep the Solution available, subject to planned maintenance, which Shizen notifies in advance where reasonably possible, and to events beyond its reasonable control. Any service level commitments are exclusively those set out in the Agreement.

Support is provided to the Customer as described in the Agreement. Shizen may update and improve the Solution at any time, provided that updates do not materially reduce its core functionality during the subscription term.

Shizen warrants that it has the right to grant the rights set out in this EULA. Any further warranties are exclusively those set out in the Agreement.

To the extent permitted by law, and except as provided in the Agreement, the Solution is provided “as is”. Shizen does not warrant that the Solution will be uninterrupted or error-free, or that it will meet the Customer’s specific requirements. The Customer is responsible for verifying that the Solution is suitable for its needs.

Shizen’s obligations are obligations of means (obligations de moyens). Shizen is liable only for direct damage resulting from a proven breach of its obligations.

Shizen is not liable for any indirect damage, including loss of profit, revenue, business, production or data, business interruption or damage to reputation.

Unless otherwise provided in the Agreement, Shizen’s total liability for all claims arising out of or in connection with the Solution is limited to the amounts actually paid by the Customer for the Solution in the twelve (12) months preceding the event giving rise to the claim.

Authorized Users have no claim against Shizen other than through the Customer. Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or gross negligence.

The rights granted under this EULA end automatically when the Customer’s subscription ends, for whatever reason.

Shizen may suspend the access of an Authorized User or of the Customer in the event of a serious breach of this EULA, a threat to the security of the Solution, or non-payment as provided in the Agreement. Except in urgent cases, Shizen will notify the Customer beforehand and give it a reasonable opportunity to remedy the situation.

Sections 9.4, 10, 11, 16, 20 and 21 survive the end of this EULA.

If any provision of this EULA is held invalid, the remaining provisions remain in full force, and the invalid provision is replaced by a valid provision as close as possible to its original intent.

The Customer may not assign its rights under this EULA without Shizen’s prior written consent. Shizen’s failure to enforce any provision is not a waiver of it.

This EULA is drafted in English. Any translation is provided for convenience only, and the English version prevails in case of discrepancy.