Digital Test Center

Terms of Use – Clients of the Digital Test Center Platform

Preamble

The Digital Test Center platform (hereinafter the “Platform”), published by (Nineteen)², is a SaaS solution dedicated to the management of events and product testing.
These Terms of Use (“ToU”) define the contractual rights and obligations between (Nineteen)² (hereinafter the “Provider”) and the Client in connection with the use of the Platform.
Any use of the Platform implies full and unconditional acceptance of these ToU.

Definitions

  • Provider: (Nineteen)², publisher and operator of the Digital Test Center Platform.
  • Client: the contracting entity that has subscribed to a right to use the Platform. This term includes, where contractually agreed, its subsidiaries, brands, or affiliated entities belonging to the same group.
  • User: any individual authorized by the Client to access the Platform, including internal collaborators (administrators, technicians, sales staff, logistics staff, marketing or support teams) as well as external service providers or partners associated with the Client’s activities.
  • Participant: any individual registered on the Platform to take part in an activity organized by the Client, whether an external event (product test, brand activation, professional or public event) or an internal use (borrowing, lending, or renting equipment, daily management).
  • Event: any use of the Platform by the Client, including the management of external operations (product tests, brand activations, professional or public events) as well as internal uses (daily management, activity tracking, lending or rental operations).
  • Personal Data: any information allowing the identification of a Participant or a User, collected or processed through the Platform.

Purpose

These ToU define the conditions under which the Provider grants the Client a license to use the Platform.
This license covers all uses enabled by the Platform, including the management of external events (product tests, brand activations, professional or public operations) and internal Client uses (daily management, activity tracking, lending or rental operations), as well as, where applicable, e-commerce functionalities (paid registrations, ticketing, bookings) and the collection of reviews.
Some functionalities may not be activated for all Clients and depend on the license subscribed by the Client with the Provider.
The scope of the license and the usage limits are defined in the commercial proposal or master agreement concluded between the Client and the Provider.

License and Access

  • The Provider grants the Client a non-exclusive, non-transferable license limited to the contractually defined scope.
  • This license covers all uses of the Platform, including:
    • the management of external events (product tests, brand activations, professional or public operations),
    • internal Client uses (daily management, activity tracking, lending or rental operations),
    • e-commerce functionalities (paid registrations, ticketing, bookings),
    • the collection, management, and use of reviews or feedback from Participants.
  • Some functionalities may not be activated for all Clients and depend on the license subscribed by the Client.
  • The Client receives an administrator account allowing it to create and manage User accounts as needed.
  • Sharing credentials between Users is prohibited.
  • The Client remains responsible for the management and security of all accounts created under its organization.

Financial Terms

  • Use of the Platform is subject to the payment of a fee.
  • The amount, billing frequency, and payment terms are defined in the commercial proposal or master agreement concluded between the Client and the Provider.
  • In the event of late payment, and after a written notice of default remains unheeded, the Provider may suspend access to the Platform. The suspension will not occur before a period of 15 days following the written notice of default.

Data Ownership

  • All data collected or generated through the Platform in the course of the Client’s use remain the exclusive property of the Client.
  • The Provider accesses such data only for the purposes necessary to provide the service, including maintenance, technical support, incident resolution, or performance improvement of the Platform.
  • The Client’s data are not commercially exploited or transmitted to unauthorized third parties.
  • Upon expiration or termination of the contract, the Client may request the return of its data free of charge, in a standard format, within 30 days. After this period, all data will be permanently deleted, unless legal retention obligations apply.
  • The Provider implements all appropriate technical and organizational measures to ensure the security and confidentiality of the data during their hosting on the Platform.

Personal Data Protection

  • In the context of using the Platform, the Client acts as the Data Controller within the meaning of the GDPR, and the Provider acts as the Processor.
  • As Data Controller, the Client undertakes to:
    • determine the purposes and means of processing,
    • provide Participants with the legally required information (GDPR notices, participation conditions, privacy policy),
    • obtain valid consent from Participants where required,
    • ensure that the instructions given to the Provider comply with applicable regulations.
  • As Processor, the Provider undertakes to:
    • process Personal Data only on documented instructions from the Client,
    • implement appropriate technical and organizational security measures,
    • ensure the confidentiality of processed data,
    • notify the Client in case of a personal data breach,
    • use only authorized subprocessors, listed below:
      • AWS (Amazon Web Services): hosting and storage,
      • OVH: hosting and storage,
      • Sparkpost: messaging service,
      • MessageBird: messaging service,
      • BugSnag: bug and performance monitoring.
  • The Provider will notify the Client of any addition or replacement of a subprocessor at least 15 days prior to its implementation. The Client may raise a justified objection within this period. In case of an unjustified objection, the Provider may, at its discretion, maintain the subprocessor or propose early termination of the contract.
  • At the end of the contract, Personal Data will be deleted or returned to the Client, unless legal retention obligations apply, in accordance with the Data Ownership section.
  • This section constitutes, between the Provider and the Client, the written agreement required under Article 28 of the GDPR regarding data processing.
    It serves as a Data Processing Agreement (DPA) and defines the minimum obligations of each party in this respect.

Availability and SLA

  • The Provider uses reasonable efforts to ensure an annual availability of the Platform of 99.9%.
  • This availability rate excludes:
    • scheduled maintenance operations announced to the Client,
    • interruptions resulting from failures of networks or services external to the Provider,
    • force majeure events under French law.
  • The Provider provides the Client with an online status tool (https://status.digitaltestcenter.com/) allowing real-time access to the Platform’s availability and any reported incidents.
  • In case the guaranteed availability rate is not met, the Client may request a credit on the annual fee.
    This credit is calculated as 1% of the annual fee per 0.1% of missing availability, up to a maximum of 10% of the annual fee.
  • To benefit from this credit, the Client must submit a written request to the Provider within 30 days following the incident or the observation of a level of availability below the guaranteed threshold.
    No automatic compensation will be granted without an explicit request from the Client.
  • The Provider ensures maintenance and support of the Platform. Incidents are handled according to their severity:
    • critical incidents affecting global availability: priority correction,
    • major incidents affecting an essential functionality: correction within a reasonable timeframe,
    • minor incidents: correction included in subsequent updates.
  • The Provider shall not be held liable for unavailability or slowdowns of the Platform resulting from:
    • non-compliant use by the Client or its Users,
    • scheduled maintenance or upgrades,
    • events beyond its control, including force majeure or failures of third-party infrastructures.

Client Obligations

  • The Client is solely responsible for compliance with applicable laws, particularly regarding personal data protection (GDPR for European Clients).
  • The Client must provide Participants with the required legal information, including:
    • participation conditions for events or activities,
    • methods of data collection,
    • purposes and processing carried out with the data collected through the Platform,
    • and, where applicable, consent or opt-out mechanisms.
  • The Client is also responsible for the use of the data collected. The Provider cannot be held liable for any breach of legal or contractual obligations by the Client in this respect.
  • The Client must manage and secure the User accounts it creates on the Platform. This includes:
    • assigning strictly personal and non-shared credentials,
    • applying good security practices (e.g. sufficiently complex passwords),
    • deactivating or deleting inactive accounts or accounts linked to individuals who have left the organization,
    • limiting access to only those Users whose role requires it.
  • The Client is prohibited from using the Platform beyond the agreed scope or attempting to bypass security measures.

Warranties and Liability

  • The Platform is provided “as is” by the Provider, which uses reasonable efforts to ensure its proper operation, security, and availability, in accordance with the level of service defined in the Availability and SLA section.
  • The Provider does not guarantee the complete absence of errors, interruptions, or defects, nor that the Platform will fully meet the specific needs of the Client.
  • The Provider shall not, under any circumstances, be held liable for:
    • indirect losses or damages suffered by the Client (loss of revenue, customers, data, reputation, or business interruption),
    • consequences of misuse of the Platform by the Client or its Users,
    • failures resulting from events beyond its control, including force majeure, network outages, or failures of third-party providers.
  • In any event, the Provider’s total aggregate liability, all causes combined, is limited to the total amount of the annual fee actually paid by the Client under the current contract.
  • This amount constitutes the Provider’s maximum liability, including in the event of a personal data breach, unless otherwise agreed in writing between the Parties.
  • Neither Party shall be held liable for a failure to perform its contractual obligations where such failure results from an event of force majeure as defined under French law and jurisprudence.

Term and Termination

  • These ToU take effect from the Client’s subscription date and remain in force for the initial period defined in the commercial proposal or master agreement.
  • At the end of this initial period, the contract automatically renews for successive one-year terms, unless terminated by either Party by written notice 90 days before the end of the current term.
  • During the notice period, the Client retains access to the Platform and remains liable for the applicable fees until the effective expiration date of the contract.
  • Either Party may terminate the contract without compensation in case of a material breach by the other Party, not remedied within 30 days of written notice.
  • Termination or expiration of the contract results in the deletion or return of the Client’s data in accordance with the Data Ownership section.
    In this regard, the Client may request the return of its data free of charge, in a standard format, within 30 days of the contract’s expiration date. After this period, the data will be permanently deleted, unless legal obligations require otherwise.

Amendments to the ToU

  • These ToU are accessible at any time by the Client from the Platform.
  • The Provider reserves the right to amend the ToU to reflect legal, technical, or functional developments of the Platform, or any changes necessary for the quality and security of the service.
  • Minor amendments, such as editorial corrections or mandatory legal updates without functional impact, take effect immediately upon publication.
  • Substantial amendments take effect 30 days after publication on the Platform.
    The Client will be informed by any appropriate means, including notification within the Platform or by email.
  • In case of disagreement with a substantial amendment not imposed by law, the Client may notify its refusal to the Provider and terminate the contract without penalty before the amendment takes effect.
    Failure to notify such refusal within this period will constitute acceptance of the amended ToU.

Governing Law and Jurisdiction

  • These ToU are governed by French law.
  • Any dispute relating to their validity, interpretation, or performance shall fall under the exclusive jurisdiction of the courts of Grenoble, notwithstanding multiple defendants or third-party proceedings.
  • In the case of a Client established outside French territory, these ToU shall remain governed by French law.
v2025-10-07 - October 7, 2025