Last update on 2024-09-04

Terms and Conditions

Service AB Tasty – Service Flagship by AB Tasty – Service Epoq by AB Tasty

Whereas, AB Tasty (as defined below) is the owner, developer and provider of optimization solutions for websites and connected tools and makes these solutions available for its customers to use on a Software-as-a-Service basis (“Service” or “Services”). “AB Tasty” is defined as the signatory of the Order Form (as defined in Section 2 “The Service”) along with any AB Tasty Affiliates (as defined below) as necessary for the provision of the Services; and

Whereas, Customer wishes to: (i) subscribe to, access and use the Service; and (ii) permit its employees (including its Affiliates’ (as defined below) employees) and/or other users to access and use the Service, in accordance with the terms of this Agreement (as defined below) (the “Users”). “Affiliate” means a current or future entity of a Party that controls, is controlled by, or is under common control with either Party. As used in this definition, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise. The direct or indirect ownership of more than 50% of (i) the voting securities or (ii) an interest in the assets, profits, or earnings of an entity being  deemed to constitute “control” of the entity. “Agreement” means these terms and conditions along with any and all annexes and the relevant Order Form(s) (as defined below). 

Now, Therefore, in consideration of the mutual promises contained in this Agreement, the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Right to Use.

Subject to the terms and conditions of this Agreement, AB Tasty hereby grants Customer a limited, non-exclusive, non-sublicensable, non-assignable and non-transferable right during the Subscription Term to (i) access and use the Service, via its Users, in Customer’s internal operations, on its websites or other connected tools; and (ii) as applicable, to create and edit Customer Data, and to access or edit Customer Data created, uploaded, posted, or published on Customer’s Account (as such capitalized terms are defined in Section 3 “Customer Account”).

2. The Service.

The provision of the Services by AB Tasty shall be governed by the execution of an order form or by the press of clickwrap/clickthrough button (both an “Order Form”). AB Tasty provides the functionalities described under annex “Service Description”. AB Tasty may add other functionalities and/or modify and/or discontinue some of the functionalities in its own discretion and without further notice to the extent they shall not result in a degradation of the Service.  

If Customer receives access to use the Service on a proof of value basis, or on a beta or early access offering (“POV and Betas”), use is permitted i) for Customer’s internal evaluation; ii) during the period set forth in the Order Form (or if not designated, 30 days); and iii) at the Fee set forth in the Order Form. POV and Betas are subject to this Agreement, except that they are provided with no indemnification obligation by AB Tasty (as set forth under Section 18 “Indemnification”) and no SLA. Customer acknowledges that POV and Betas may be inoperable, incomplete or include features that AB Tasty may never release. Features and performance information in relation with POV and Betas are AB Tasty’s Confidential Information.

3. Customer Account.

A Customer account will be created by Customer (“Account”) and access to the Account may be provided by the Customer to each of its Users, subject to: (i) any limitations or Restricted Use (as defined in Section 5 “Restricted Use”) set forth in this Agreement or the separate mutually agreed Order Form; and (ii) the access rights available to each User as determined by the Customer at its sole discretion ((i) to (ii) above, collectively, the “Limitations”). Customer is solely responsible for the content and any activity that occurs in each Account, including without limitation, any activity performed in the Account by Customer’s Users and compliance by its Users with this Agreement. Customer shall: (a) not allow anyone other than Users to access and use the Account; (b) keep and ensure that Users keep all Account login details and passwords secure at all times; and (c) promptly notify AB Tasty in writing if Customer becomes aware of any unauthorized access or use of an Account. Users are deemed to be Representatives (as defined in Section 7 “Confidentiality”) of the Customer, and any decision, omission or action made by any User, is deemed as an authorized decision or action on behalf of Customer.

4. Technical Support and Committed Uptime.

Customer shall be entitled to technical support and an uptime commitment in accordance with the “Service Level Agreement” or “SLA” attached to this Agreement. 

5. Restricted Use.

Except as specifically permitted in this Agreement, Customer shall not, and shall not allow any User to:(i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, display, transmit, broadcast, transfer or distribute any portion of the Service to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, decompile, disassemble, decrypt or attempt to derive the source code of the Service, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Service for any purpose; (vi) take any action that imposes or will likely impose an unreasonable or disproportionately large load on the AB Tasty infrastructure or infrastructure which supports the Service; (vii) use the Service in breach of the Limitations; (viii) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (ix) remove, deface, obscure, or alter AB Tasty’s or any third party’s identification, attribution, copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service, or use or display logos of the Service without AB Tasty’s prior written approval; (x) use the Service to develop a competing service or product;  and/or (xi) use the Service in any unlawful manner, for any harmful or inappropriate purpose, or in breach of this Agreement. 

6. Customer Data.

6.1. The Service allows Customer, via its Users, to create, upload, extract, post, and publish certain content on its websites or other connected tools, such as (i) results of marketing campaign or product use cases, including analysis, reporting and submissions; (ii) images and/or text and/or videos used in creating content through the Service or retrieved from third parties in such content; and/or (iii) description, text and information processed through the Service or made through the use of the Service (“Customer Data”). Customer Data includes, as applicable, Customer personal data. Customer Data are Confidential Information (as defined under Section 7 “Confidentiality”).

6.2. Customer hereby represents and warrants that

1. it and/or its Users own or have the necessary rights and permissions to use and authorize AB Tasty to use all intellectual property rights in and to their Customer Data, and to enable inclusion in the Service and use thereof in the Service as contemplated by this Agreement; and

2. the Customer Data it submits, its use of such Customer Data, and AB Tasty’s use of such Customer Data, as set forth in this Agreement, does not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy or publicity rights of any third party; (b) violate any applicable law, including data protection legislation; and/or (c) be offensive, threatening, pornographic, defamatory, libelous, harassing, hateful, malicious, fraudulent or encourages conduct that would be considered a criminal offense, gives rise to civil liability; and

3. the Service is not intended for any High-Risk Activities (as defined below) and to meet any legal obligations for these uses, including HIPAA requirements, and that AB Tasty is not a Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, “High Risk Activities” means activities where use or failure of the Service could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.

6.3. To the extent that any intellectual property rights are contained in the Customer Data and for the sole purpose of operating and providing the Services to the Customer, Customer and/or its Users hereby grant AB Tasty a worldwide, irrevocable (during the Subscription Term), non-exclusive and royalty-free license to use, reproduce and prepare derivative works of  such Customer Data.

6.4. Other than AB Tasty’s security obligations expressly set forth in this Agreement, AB Tasty assumes no responsibility or liability for Customer Data. Customer shall be solely responsible for Customer Data and the consequences of using, submitting, disclosing, storing, or transmitting it, including without limitation, for any errors or omissions therein, or for any infringement of third-party rights. It is hereby clarified that AB Tasty shall not monitor and/or moderate the Customer Data and there shall be no claim against AB Tasty of not acting so.

7. Confidentiality.

All information disclosed by a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), during the Subscription Term of this Agreement, whether in writing, orally or which might reasonably be assumed to be confidential given its nature or circumstances of disclosure (“Confidential Information”), shall be held in absolute confidence, and the Receiving Party shall take all reasonable and necessary safeguards (affording the Confidential Information at least the same level of protection that it affords its own information of similar importance) to prevent the disclosure of such Confidential Information to third parties. Confidential Information shall not include  information that (i) has become available to the public through no fault of the Receiving Party or its Representatives; or (ii) was available to or is already known by the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or (iii) was, is or becomes available to the Receiving Party on a non-confidential basis from a third-party who, to the Receiving Party’s knowledge, is not bound by a confidentiality agreement with the Disclosing Party or otherwise prohibited from disclosing the information to the Receiving Party; or iv) is independently developed by or for the Receiving Party and/or its Representatives without access to the information disclosed by the Disclosing Party; or v) the Parties agree in writing is not confidential or may be disclosed. In addition, the Receiving Party will limit its disclosure of the Confidential Information to its Affiliates and its respective directors, officers, employees, agents, shareholders advisors, partners, providers and consultants (collectively, “Representatives”) with a “need to know” basis, and further provided that such Representatives have a signed confidentiality agreement with the Receiving Party (or are bound by professional obligations of confidentiality) with terms and conditions no less protective of the Confidential Information than the terms under this Agreement, and that the Receiving Party shall remain responsible for any breach of the terms herein by any of its Representatives. It is further agreed that the Receiving Party may disclose any information pursuant to applicable law or a court order or governmental request, provided the Receiving Party, to the extent legally permissible, notifies the Disclosing Party of such requirement and uses reasonable efforts to limit such disclosure to the maximum extent permitted and to obtain assurances that confidential treatment will be accorded to such Confidential Information to the extent such assurances are available.

8. Personal Data protection.

Subject to the definitions and terms and conditions of any Applicable Personal Data Protection Law (as defined in the annex “DPA”),Customer acknowledges and agrees that AB Tasty (acting as data processor) processes personal data on behalf by the Customer (acting as data controller) as stated under the data processing agreement attached to this Agreement under annex “DPA”. The Customer acknowledges that no other personal data is needed by AB Tasty for the purposes of providing the Services and that AB Tasty shall have no liability whatsoever to the Customer except for the personal data described in the DPA.

9. Anonymous Information.

AB Tasty generates, uses and owns aggregated, statistical and analytics information and technical data (such as any browsing information of a behavioral and statistical nature), which does not and cannot be used to enable identification of the Customer, of a visitor or of an individual.

10. Suggestions and Feedback.

Customer and its Users, may, at their sole discretion, provide AB Tasty with suggestions, enhancement requests and/or comments with respect to the Service (“Feedback”). Customer further acknowledges that AB Tasty fully owns the Feedback and may use the Feedback at its discretion, without limitation, and without being obliged to make any payment or give credit to the Customer and its Users.

11. Security. 

AB Tasty agrees during the Subscription Term to implement reasonable industry-standard, technical, and organizational security measures designed to protect the Services and Customer Data and will, at a minimum, utilize industry standard security procedures (including protection against unauthorized or unlawful processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Customer Data  designed to protect the confidentiality and integrity of such Customer Data, as set forth in annex “Security Certificate”.

12. Intellectual Property Rights, Title and Ownership in the Service. 

AB Tasty, its Affiliates and its licensors retain all rights, title and interest in and to (i) the Service (excluding Customer Data), any enhancements or derivatives thereof, any and all related or underlying technology and modifications thereto, including associated intellectual property rights (including, without limitation, patents, copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or related to the Service; (ii) and the AB Tasty names, logos, trademarks and services marks and other materials, such as software, application programming interface, design, text, editorial materials, informational text. Any rights not explicitly granted to Customer hereunder, are reserved to and shall remain solely and exclusively proprietary of AB Tasty (or its third-party providers).This Agreement does not convey to Customer an interest in or to the Service, but only a limited revocable right of use in accordance with the terms herein. Nothing in this Agreement constitutes a waiver of AB Tasty’s intellectual property rights under any law.

13. Third Party Services. 

Customer may elect to (i) integrate or otherwise use in conjunction with the Service, any third-party services, products, apps and tools, including, without limitation, third party applications and widgets; and (ii) access to third party websites and third party tools that are not owned or controlled by AB Tasty (“Third-Party Services”). Customer’s use of such Third-Party Services, including without limitation, the collection, processing and use of Customer’s Data by such Third-Party Services, is governed by the separate contractual arrangement between Customer and the provider of such Third-Party Services. AB Tasty bears no responsibility and/or liability for any Third-Party Services, including without limitation, such Third-Party Services’ operability or interoperability with the Service

Should Customer claim any discrepancy between the calculations originating from the use of the Services and the use of Third Party Services, Customer shall give AB Tasty access to the relevant Third Party Product to allow AB Tasty to assess its calculations. 

14. Additional Services.

14.1. Professional Services. If specifically subscribed to in the Order Form, AB Tasty shall perform professional services through qualified skilled and experienced employees or authorized subcontractors of AB Tasty in accordance with the terms and conditions of the Agreement and with Good Industry Practice (as defined below). Except as otherwise set forth in the Order Form, unused Professional Services are not extendable to the following year.

14.2. Customer agrees to provide the timely and adequate assistance and cooperation reasonably requested by AB Tasty and other resources to enable the performance of the professional services. AB Tasty will not be liable for any deficiency in the performance of such Professional Services to the extent it can justify that such deficiency results from Customer’s failure to provide timely and adequate assistance or resources.

14.3. Nothing in this Agreement and nothing in AB Tasty’s statements to Customer can or shall be construed as a guarantee about the successful outcome of the Services or professional services to be provided under this Agreement; Customer shall be the sole and final decision-maker. “Good Industry Practices” are defined as the standards, practices, methods and procedures conforming to the law and the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances.

14.4. Training. Training sessions might be purchased by the Customer under conditions to be described in the Order Form. Except as otherwise agreed upon by the Parties, training is performed remotely. In the event that training takes place at the Customer’s premises, the Customer shall (i) provide to AB Tasty an access to its premises with working tools in order for the training to be carry out under normal conditions; (ii) AB Tasty will comply with any health and safety rules and procedures of the Customer, provided that these rules and procedures have been provided to AB Tasty in advance by the Customer; and (iii) reimburse AB Tasty of any pre-approved  travel expenses.

14.5. AB Tasty may subcontract parts of its obligations under this Section, provided AB Tasty remains fully liable towards the Customer for any and all acts and omissions of such sub-contractors, and provided all subcontractors are subject to the same obligations hereunder as is AB Tasty.

15. Payments.

15.1. Subscription Fees. Customer’s access to the Services is subject to Customer’s payment of the subscription fees (the “Fees” or “Price”) set forth in the Order Form for the relevant Subscription Term (as defined in Section 19 “Term and Termination”). 

The Fees are fixed for the Initial Term (as defined in Section 19 “Term and Termination”). Any exceptional discounts, rebates or reductions granted to the Customer are valid for the first year of the Initial Term.

The Fees are based on the number of Unique Visitors (UV) or Monthly Active Users (MAU) declared by the Customer in the Order Form (“Declared Number”); at the anniversary date of the Effective Date, if a Declared Number has increased, the Fees for the following year might be updated on a prorated basis, except as otherwise mutually agreed upon by the Parties. “Monthly Active Users” or “Unique Visitor” means each unique visitor of the website or of the connected tool of the Customer, identified by a visitor ID. 

15.2. Payment processing. Customer agrees to provide AB Tasty updated, accurate and complete billing information, and authorizes AB Tasty (either directly by AB Tasty or through its Affiliates) to charge, request and collect payment from Customer’s payment method or designated banking account for all applicable Fees. 

15.3. All amounts are stated and shall be paid in the currency set forth in the Order Form and are payable within thirty (30) days from the date of the invoice. Unless otherwise specified in the Order Form, the Fees shall be billed on an annual basis for the respective Subscription Term. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. In the event of non-payment or late payment of the Fees, the Customer will automatically be liable from the due date for (i) late penalties equal to the refinancing rate of the European Central Bank plus 10 points, until full payment; (ii) a lump-sum compensation as might be mandatory under applicable law; and (iii) the recovery costs for amounts greater than the amount of the fixed compensation mentioned above. The Customer may not invoke any compensation or deduction mechanisms or withhold any amount owing to AB Tasty under the Agreement.

15.4. Taxes. All Fees set forth in the Order Form are exclusive of applicable taxes (including without limitation VAT, withholdings or duties) and are the net amounts which AB Tasty shall be paid by Customer. Customer shall be responsible for the payment of all taxes, withholdings and duties of any kind payable with respect to its subscription to the Service arising out of or in connection with this Agreement. In the event that Customer is required by applicable law to withhold taxes imposed upon Customer for any payment under this Agreement, the amounts due to AB Tasty shall be increased by the amount necessary so that AB Tasty receives an amount equal to the sum it would have received had Customer not made any withholding. 

15.5. Indexation. The Fees are subject to an annual indexation of 5% (five percent). 

16. Warranty Disclaimer.

16.1. AB TASTY WARRANTS THAT DURING THE SUBSCRIPTION TERM I) IT WILL PROVIDE THE SERVICES USING REASONABLE SKILL AND CARE AND IN A MANNER CONSISTENT WITH GENERALLY ACCEPTED  GOOD INDUSTRY PRACTICES FOR SUCH SERVICES; AND II) THAT UNDER NORMAL USE THE SERVICES WILL FUNCTION MATERIALLY IN ACCORDANCE WITH THE SERVICE DESCRIPTION AND THE SERVICE LEVEL AGREEMENT.

16.2. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. SERVICES MAY BE AMENDED FROM TIME TO TIME AT AB TASTY’S OPTION.

16.3. AB TASTY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR CONCERNING NON INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY. 

16.4. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AB TASTY DOES NOT WARRANT OR REPRESENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION 

(I) THAT THE SERVICES (OR ANY PORTION THEREOF) ARE COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH ANY DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS OR ANY LAW OR REGULATION SPECIFICALLY APPLICABLE TO THE CUSTOMER; 

AND 

(II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT CUSTOMER OBTAINS FROM USING THE SERVICES IN ANY WAY;

AND

(III) FOR ANY ISSUE CONCERNING THE FUNCTIONING OF THE SERVICES THAT IS ATTRIBUTABLE TO ANY THIRD PARTY OR TECHNICAL PROBLEMS THAT AB TASTY HAS NO CONTROL OVER, INCLUDING WITHOUT LIMITATION CUSTOMER’S HARDWARE, WEBSITES OR NETWORK SERVICES, CUSTOMER’S INTERNET (SUCH AS SLOW INTERNET CONNECTION OR NETWORK OUTAGES) OR DATA SERVICES (WHICH INCLUDES ANY OUTSOURCED SERVICES PROVIDED TO CUSTOMER BY ANY THIRD PARTY, FOR EXAMPLE, DATA HOSTING OR WEB SERVICES).

17. Limitation of Liability.

17.1. IN NO EVENT SHALL A PARTY BE LIABLE FOR: 

ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSSES; 

ANY LOSS OF ANTICIPATED PROFITS OR SAVINGS, INCREASED COSTS, LOSS OF ANTICIPATED BUSINESS BENEFITS; 

ANY LOSS OF, OR DAMAGE TO DATA INCLUDING WITHOUT LIMITATION THE COST OF RECONSTRUCTING DATA, ANY LOSS OR DAMAGE TO REPUTATION OR TO GOODWILL;

THE CONSEQUENCES OF ANY FAILURE OF REASONABLE NETWORK SECURITY SYSTEMS, MEASURES AND PROTECTIONS.

17.2. EXCEPT AS PROVIDED IN CLAUSE 17.3, A PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER FOR ALL AND ANY LOSSES, CLAIMS AND DAMAGES OF ANY NATURE AND UNDER WHATEVER LEGAL THEORY AND HOWSOEVER ARISING UNDER, IN CONNECTION WITH OR RELATED TO THIS AGREEMENT SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT  OF THE FEES PAID OR PAYABLE BY CUSTOMER TO AB TASTY WITHIN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR EVENTS GIVING RISE TO ANY CLAIM (INCLUDING IN CASE OF POV AND BETAS).

17.3. THE FOLLOWING CLAIMS ARE EXCLUDED FROM THE LIMITATION OF LIABILITY SET OUT IN CLAUSE 17.2: 

ANY CLAIM FOR DEATH OR PERSONAL INJURY ARISING FROM USE OF THE SERVICES;

PARTY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; 

ANY AMOUNT PAYABLE TO A THIRD PARTY UNDER THE INDEMNIFYING PARTY’S INDEMNIFICATION OBLIGATIONS SET OUT IN CLAUSE 18 “INDEMNIFICATION”;

BREACH BY A PARTY OF ITS OBLIGATIONS UNDER APPLICABLE PERSONAL DATA PROTECTION LAW; AND

CLAIMS WHICH CANNOT BE LIMITED AS A MATTER OF MANDATORY APPLICABLE LAW FOR THE PURPOSE OF THIS CLAUSE 17.3.

“WILLFUL MISCONDUCT” MEANS ANY ACT OR FAILURE TO ACT WHICH WAS DELIBERATE AND WRONGFUL WHICH WAS DONE OR OMITTED WITH THE MALICIOUS INTENT TO CAUSE HARM TO THE OTHER PARTY; AND “GROSS NEGLIGENCE” MEANS A PARTY’S FAILURE TO PERFORM A MANIFEST AND MANDATORY DUTY UNDER APPLICABLE LAW (NOT BEING A CONTRACTUAL BREACH ALONE) WITH WANTON AND RECKLESS DISREGARD FOR THE CONSEQUENCES ON THE LIFE OR PROPERTY OF THE OTHER PARTY.

17.4. THE PARTIES EXPRESSLY AGREE THAT EACH AND EVERY EXCLUSION AND LIMITATION OF LIABILITY IN THE AGREEMENT REFLECTS AN ECONOMIC BALANCE FOLLOWING NEGOTIATIONS BETWEEN THE PARTIES AND ARE FREELY ENTERED INTO WITH FULL UNDERSTANDING OF THE EFFECT OF SUCH EXCLUSIONS AND LIMITATIONS  IN CIRCUMSTANCES GIVING RISE TO ANY LOSS OR CLAIM.

18. Indemnification.

By AB Tasty. AB Tasty hereby agrees to defend, indemnify and hold Customer harmless against damages awarded against Customer by a court of competent jurisdiction, or paid in settlement (where such settlement is pre-approved by AB Tasty), directly resulting from the Court’s judgment that a third-party claim, suit or proceeding that Customer’s use of the Service in accordance with this Agreement infringes any registered intellectual property right of a third party. 

AB Tasty shall have no obligation or liability under this clause 18.1 to the extent that any (i) alleged infringement is based on use of Customer Data and any other content provided by Customer and or its Users or to any events giving rise to Customer’s indemnity obligations (ii) the Services (or any portion thereof) were modified by Customer and or any of its Users and or any third party to the extent that the indemnified obligation would have been avoided by not doing such modification; (iii) the Services are used in combination with any other service, device, software or products, including, without limitation, Third Party Services to the extent that the indemnified obligation would have been avoided without such combination; and/or (iv) the Services were provided for “POV and Betas” or without charge or for evaluation purposes. 

If AB Tasty believes that the Services, or any part thereof, may infringe third party registered intellectual property, then AB Tasty may in its sole discretion: (a) obtain (at no additional cost to Customer) the right or rights to be able to continue to use the Service; (b) replace or modify the Services or any party thereof so that they or it becomes non-infringing; or (c) at AB Tasty’s option, AB Tasty may require that use of any (allegedly) infringing Services (or part thereof) shall cease and in such an event Customer shall receive a prorated refund of any Fees paid for the unused and unexpired portion of the subscription period for the functionality which is no longer available.This Section states AB Tasty’s entire liability and Customer’s exclusive remedy for any actual or alleged third party intellectual property infringement. 

By Customer. Customer hereby agrees to defend, indemnify and hold AB Tasty harmless against any damages awarded against AB Tasty by a court of competent jurisdiction, or paid in settlement, in connection with a third-party claim, suit or proceeding alleging that Customer Data or any other content provided by Customer and/or its Users, infringes any intellectual property rights of a third party.

General. The defense and indemnification obligations of the indemnifying Party under this Section are subject to: (i) the indemnified Party making every reasonable effort to mitigate its damages and losses; (ii) the indemnified Party giving prompt written notice of the claim with reasonable details of the allegations and or claim made; (iii) the indemnifying Party may at its option by written notice to the indemnified Party take over control over the defense of the claim, and may settle or compromise any claim; and (iv) the indemnified Party providing full cooperation and assistance in preparing and conducting the defense and/or settlement of any claim and (v) the indemnified Party not taking any action that might prejudice the indemnifying Party’s defense of, or response to, such claim.

19. Term and Termination.

• Term. Access to the Service is provided on a subscription basis, effective upon the date mentioned on the Order Form (“Effective Date”) and by default upon its signature date, and for a duration that consists of the subscription term specified in the Order Form (the “Initial Term”). 

Unless otherwise provided under the Order Form, at the end of the Initial Term, the Agreement shall automatically renew following the Initial Term for periods equal to the duration of the Initial Term (each a “Renewal Term”, and together with the Initial Term, collectively, the “Subscription Term”), unless either Party gives the other, before the end of the relevant Subscription Term(s), a ninety (90) day prior written notice of non-renewal of all or part of the Agreement.

• Termination for breach. Either Party may terminate this Agreement if the other Party materially breaches this Agreement and such breach remains uncured (to the extent that the breach can be cured) thirty (30) days after having received written notice thereof. Termination for shall apply to the Service(s) affected by the breach.
• Suspension. If AB Tasty reasonably determines that Customer is using the Service in a manner that violates laws, rules or regulations or Section 5 “Restricted Use” of this Agreement, imposes a security risk, or takes any action that impairs or will likely impair AB Tasty’s ability to provide or support the Service, AB Tasty may suspend Customer’s access to and use of, the Service until such time as the issue has been resolved. 
• Effect of Termination.
  • Upon termination of this Agreement, any right granted under this Agreement, including but not limited to, under Section 1 “Right to Use”, will terminate and Customer shall, and shall cause its Users to immediately cease all access to and use of the Service.
  • Deletion of Customer Data and Confidential Information. It is Customer’s responsibility to export or delete the Customer Data prior to such termination or expiration. AB Tasty shall permanently delete any Customer Data that may be contained in Customer’s Account at the latest sixty (60) days following such termination or expiration. Customer acknowledges that such deletion will be made in good faith, using commercially reasonable procedure and may not concern i) information AB Tasty is legally bound to keep; nor ii) electronically stored information from sources that are not reasonably accessible because of undue burden or cost (in particular electronically stored information on back-ups made primarily for disaster recovery and maintained in the ordinary course of business will not be considered reasonably accessible). 

Customer shall promptly destroy any and all AB Tasty Confidential Information, and, upon AB Tasty’s request, have an officer of Customer confirm the same in writing.

• Obligation to Pay. Customer shall be entitled to a prorated refund of any prepaid Fees in case of termination of this Agreement by Customer for material breach by AB Tasty in accordance with Section 19.2. Termination or cancellation of this Agreement for any other reason shall not relieve Customer from its obligation to pay any outstanding payments due under this Agreement and Customer’s obligation to pay the Fees throughout the end of the applicable Subscription Term shall remain in full force and effect.

20. Force Majeure.

Each Party will be excused from liability in the event of a Force Majeure Event (as defined below), subject to the impacted Party taking all reasonable steps (including implementing commercially reasonable workarounds) to mitigate and/or minimize the scope and period of delay, to the extent that i) the force majeure event invoked by a Party is an unforeseeable and irresistible event or circumstance beyond such Party’s reasonable control, including but not limited to (a) natural phenomena, such as storms, hurricanes, floods, lightning and earthquakes; (b) explosions or fires arising from lightning or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance ; (c) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts, or rebellion; (d) strikes or labor disputes; and/or (e) action by a Governmental Authority, including a moratorium on any activities related to this Agreement (“Force Majeure Event”); and ii) immediate notice of any Force Majeure Event has been given by the impacted Party to the other. The impacted Party may  terminate the part of the Agreement affected by the Force Majeure Event, if the Force Majeure Event endures for a longer period than thirty (30) days following the aforementioned notice.

21. Reference Customer.

AB Tasty may use Customer’s name and logo on its website and in its promotional materials to state that Customer is a customer of AB Tasty and its Service.

22. Independent Contractors.

The Parties are independent contractors. Nothing in this Agreement shall create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party may make, or undertake, any commitments or obligations on behalf of the other.

23. Notice.

Except as otherwise stated in this Agreement, all notices or reports required under this Agreement shall be made by personal delivery, by express courier service that requires proof of delivery, certified or by registered mail with a return receipt requested, or by electronic mail. Copy of the notice or report from Customer must be sent to legal@abtasty.com.

24. Dispute Resolution.

In the event of any claim, dispute, controversy, or other matter in question between the Parties arising out of or relating to this Agreement or the breach hereof (“Dispute”), such Dispute shall be notified in the first instance to the Parties’ contract owner for discussion and resolution. If the Dispute is not resolved by the relevant contract owners within ten (10) business days from its notification date, the Dispute will be referred to C-level of management for each Party who shall use good faith efforts to resolve the Dispute between them. If the Parties are unable to resolve the Dispute between them within another ten (10) business days period starting from the notification date of the Dispute to the C-level of management for each Party, the Dispute shall be resolved in accordance with Section 25 “Governing Law and Disputes”. 

25. Governing Law and Disputes. 

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the country where the AB Tasty entity signatory of this Agreement is registered. Each party irrevocably agrees that the courts of the city where such AB Tasty entity is registered shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

26. Order of Precedence. 

In the event of any conflict or discrepancy by and among this Agreement, its Annexes and any other document referred to herein, such conflict or inconsistency shall be resolved by giving precedence in the following order, unless explicitly indicated otherwise in writing by the Parties: 

• The Order Form 
• DPA
• These Terms and Conditions
• The Annexes (other than the DPA)
• Any other online document incorporated into this Agreement.

27. General.

• The headings used in this Agreement are for convenience only and shall in no case be considered in construing this Agreement. 
• Any Order Form entered into between the Parties shall be deemed to incorporate the terms of this Agreement. 
• This Agreement: (i) comprises the entire agreement between the Parties and supersedes and merges all prior understandings, oral and written, between the Parties relating to the subject matter of this Agreement (including any former confidentiality agreement if any); and (ii) may only be modified by a separate stand-alone, dedicated, express writing that is mutually signed by both Parties except as otherwise stated in this Agreement. 
• If any part of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
• No failure or delay in exercising any right hereunder by either Party shall operate as a waiver thereof, nor will any partial exercise of any right hereunder preclude further exercise. 
• This Agreement may be executed: (a) in counterparts, both of which taken together shall constitute one single Agreement between the Parties; and (b) via facsimile or electronic copy, and a facsimile or electronic copy of either Party’s signature shall be deemed and be enforceable as an original thereof.

Data Processing Agreement (DPA)

1. Definitions and interpretation

Applicable Personal Data Protection Law means all applicable regulations and laws relating to the protection of data subjects’ personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), the Data Protection Act 2018 (UK GDPR) and the California Consumer Privacy Act (CCPA), ineach case as subsequently amended, repealed, consolidated or replaced.

The terms used in the DPA are defined by the Applicable Personal Data Protection Law. 

Capitalized terms not defined in the DPA shall have the meaning ascribed to them in the Agreement.

2. Data controller and Data processor

The Customer is the data controller and AB Tasty is the data processor.

3. Description of the processing subject to the processing

Categories of data subjects	Visitors to the Customer’s website or other connected tools
Categories of personal data	IP address
Nature of the processing	Reading and extraction of the city-wide location of the visitor
Purpose	Provision of AB Tasty Services in accordance with the Agreement
Storage Duration	Immediate erasure (no storage)
Processing Period	Duration of the Agreement

4. AB Tasty’s obligations

AB Tasty is committed to: 

AB Tasty shall: 

4.1. process personal data only for the purpose defined in Article 3;

4.2. process personal data in accordance with the Applicable Personal Data Protection Law, the Agreement (which includes this DPA) and reasonable and documented instructions from the Customer, provided that such requests are in accordance with the terms of the Agreement. If AB Tasty considers such an instruction to be a violation of the Applicable Personal Data Protection Law, AB Tasty shall immediately inform the Customer and may, without liability to the Customer, temporarily cease all processing of the personal data concerned. If the Parties do not agree on a resolution of the problem and associated costs, the Customer may, as a sole remedy, terminate the Agreement;

4.3. ensure the security of personal data, by ensuring that each member of its staff authorized to process personal data is subject to non-disclosure agreements or professional or legal obligations of confidentiality and is trained in the relevant data security and protection requirements.

In addition, if AB Tasty is required to transfer data to a third country or to an international organization under the law of the European Union or the law of the Member State to which it is subject, AB Tasty will inform the Customer of this legal obligation prior to processing, unless the law concerned prohibits such information on important public interest grounds. 

5. Information and rights of the data subjects

The Customer is responsible for, at the time of collection of the personal data referred to in Article 3, informing the data subjects of the two processing operations carried out by AB Tasty.

AB Tasty will assist the Customer in fulfilling its obligation to respond to requests for the exercise of rights by the data subject.

6. Security

AB Tasty processing of personal data is limited to the only reading of the IP address of the visitors of the Customer’s websites and connected tools as part of the TCP/IP protocol.

AB Tasty implements the technical and organizational measures specified in Appendix I. 

AB Tasty is ISO 27001 certified and this certification is attached to this DPA in Appendix III.

7. Violation of personal data 

AB Tasty shall notify the Customer, via the e-mail address provided by the Customer to AB Tasty, of any breach of personal data as soon as possible and no later than seventy-two (72) hours after becoming aware of it.

8. Assistance

In any case, AB Tasty undertakes to actively collaborate with the Customer so that it is able to meet its regulatory and contractual obligations, at no additional cost to the Customer.

9. Control and audit

• Internal monitoring

AB Tasty undertakes to regularly test and monitor the security measures implemented in accordance with Article 6 above. The reports and results of these tests and evaluations are recorded in a register. 

If the Customer requires additional information to comply with its own obligations or a request from a supervisory authority, the Customer shall inform AB Tasty in writing.

• Audit

AB Tasty undertakes to make available to the Customer the necessary and reasonable information to demonstrate compliance with the obligations under the Applicable Personal Data Protection Law and to allow audits to be carried out by the Customer or an auditor appointed by it, and to contribute to such audits, provided that: 

9.1. the auditor is not a direct competitor of AB Tasty and signs a confidentiality agreement.

9.2. the scope of the audit is limited to AB Tasty’s facilities and systems used to process the Customer’s personal data.

9.3. the number of audits is limited to one (1) per year. 

9.4. a minimum of thirty (30) business days’ notice is given in writing to AB Tasty. 

9.5. the conduct of the audits does not disrupt AB Tasty’s business, as the audits take place during AB Tasty’s working hours.

9.6. the costs and expenses of such audits shall be incurred by the Customer; it being understood that if the findings of the audit indicate non-compliance of the AB Tasty Service with the Applicable Personal Data Protection Law and such findings are not contested by AB Tasty, AB Tasty will bear the costs. AB Tasty undertakes to take all necessary corrective measures. The Customer is entitled, at its discretion, either to await compliance or to terminate the Agreement.

All the AB Tasty’s information collected during audit or control operations and disclosed to the Customer are confidential information; it may only be used for the purposes of the audit and the necessary corrective actions, to the exclusion of any other use by the Customer.

10. Subsequent processing

• Authorized subsequent processors

A list of AB Tasty’s authorized subsequent processors is included in Appendix II of the DPA. 

AB Tasty guarantees that its processors provide sufficient guarantees of compliance. A DPA will be signed with any subsequent processor, providing for obligations at least equivalent to this DPA. 

If the subsequent processor does not fulfill its obligations regarding personal data’s protection, AB Tasty remains fully responsible to the Customer for the subsequent Processor’s performance of its obligations.

• Changes to the list of authorized subsequent processors. 

The Customer grants AB Tasty a general authorization to processing. 

In this context, AB Tasty will inform the Customer of any changes concerning the addition or replacement of any processors at least ten (10) working days prior to the change, in order to give the Customer the opportunity to object to such changes. This information will clearly indicate the outsourced processing activities and the identity and contact details of the subsequent processor. Customer will have ten (10) business days from the date of receipt of such information to file its objections. If the Customer has a legitimate objection to the addition of a processor and AB Tasty cannot reasonably find an alternative, it will notify the Customer. The parties will cooperate to find a satisfactory solution. If no solution is found, the Customer is entitled to terminate the services concerned. If the Customer does not object within the said period, the relevant processor may be commissioned to process the Customer’s personal data.

11. Transfer of personal data

No personal data of the Customer may be transferred by AB Tasty outside the European Economic Area to third countries that do not offer an adequate level of data protection under the adequacy decisions issued by the European Commission.

12. Obligations of the Customer

The Customer shall comply with the Applicable Personal Data Protection Law, both when using the Services and when instructing AB Tasty. In particular, the Customer shall:

12.1. establish and maintain all legal grounds required to authorize the processing of personal data by AB Tasty on its behalf;

12.2. informing data subjects of the processing of their personal data; 

12.3. obtain, where appropriate, the required consents from the data subjects;

12.4. in the event that it generates ID Visitors, ensure that they do not contain any personal data in compliance with the principle of minimization of personal data.

13. Retention of personal data

AB Tasty does not retain the personal data referred to in Section 3, which are read without being stored.

14. Data Protection Officer 

The contact details of AB Tasty’s Data Protection Officer are as follows: dpo@abtasty.com.

APPENDIX I

TECHNICAL AND ORGANIZATIONAL MEASURES

AB Tasty has put in place several measures to ensure the confidentiality, integrity, availability and resilience of systems and services related to the processing of personal data. These technical and organizational measures reduce the risk to a level that is consistent with best practices. AB Tasty conducts regular internal and external audits to ensure that all these concepts and rules are implemented and adhered to. The security processes referred to in this appendix are continuously improved to be in line with best practices.

• AB Tasty is ISO 27001 certified.
• Regular security audits are carried out, both internally and externally. 

Information security organization 

An Information Systems Security Policy (ISSP) is in place and approved by AB Tasty management. 

Responsibilities for information security have been defined and assigned. 

An Information Systems Security Manager (ISSM) has been appointed.

Human resources

Each employee is subject to a confidentiality agreement, which is appended to their contract. 

Training sessions in best IT security practices are regularly organized. 

A charter for the proper use of IT resources is shared with all employees.  

Processes are put in place to manage entries, exits and movement within AB Tasty.

Authorization management

• Access rights to resources are managed according to the following principles:
  • Need to access: each User may only access the resources needed to carry out their assignment;
  • Least privilege: each User has access to the resources with only the minimum privileges needed to carry out the actions required for their assignments. 
• Passwords are stored in a hashed and salted format, i.e. AB Tasty does not store the password in clear text. 
• Private keys linked to certificates are stored so that only authorized Users can access them.

• There are a number of ways for Users to verify their identity:
  • Simple authentication: The User verifies their identity with a login/password pair. The password must meet the following complexity requirements:
    – Include at least 12 characters;
    – Contain at least 1 upper case, 1 lower case, 1 number or special character
    – Be changed when first logging on;
  • Multi-factor authentication: In addition to the login/password pair, the User can activate a multi-factor authentication (SMS or TOTP);
  • Identity federation: The Services are SAML v2 compliant, which enables the Customer to use their own identity federation solution to authenticate their Users;
• All privileged access given internally to AB Tasty employees is enforced by a two-factor authentication method.
• Each access given to AB Tasty employees is created with a unique and random initial password. This password must be changed during the initial login.
• All accesses granted to AB Tasty employees are nominative, so that each action can be assigned to a specific person.
• When creating User accounts, the Customer assigns access rights according to the RBAC (Role Based Access Control) authorisation model, enabling each access decision to be based upon a role with which the User is associated. The type and granularity of roles vary from product to product.

Physical Security 

• Access to offices is strictly limited to employees with an electronic name badge. 
• Physical access is regularly monitored. 
• No physical media (paper, removable drives, printouts) are stored in the offices.  
• Alarms and firefighting equipment have been visibly implemented. 
• An anti-intrusion system is in place and a guard is present.  
• The IT infrastructure (applications, network and storage) is hosted in a secure private cloud that meets ISO 27001 and SOC 2 certifications.

System operation

• All systems, applications or new services rolled out are minimally exposed, allowing access only to the intended audience.
• Operational documentation has been developed and is updated whenever significant changes are made. 
• Basic security protections are in place for all equipment under AB Tasty’s responsibility:
  • An antivirus is active and up to date on all AB Tasty employees’ workstations;
  • The patches made available by the various suppliers are installed.
• All workstations have a version of the operating system maintained by the publishers and are regularly updated,
• All employee workstations are securely erased before being reassigned. 
• All flows over the Internet are encrypted (HTTPS TLS 1.2 and VPN IPSEC).
• Best practices, such as those of the Center for Information Security (CIS) are applied.

Availability and backup

• A formal business continuity plan (BCP) is in place. 
• This plan is regularly reviewed and updated to ensure that systems and services remain available in the event of failure. 
• Regular tests are carried out annually to assess the effectiveness of this  continuity plans.
• The use of a distribution network (CDN) ensures the replication and accessibility of critical elements.
• Data is replicated and backed up to ensure availability in the event of a disaster.

Logging and monitoring

• A logging system is in place within AB Tasty to ensure its monitoring. 
• Alerts are set up, along with a 24/7 on-call service to respond as quickly as possible in the event of a security incident.
• The various audit logs cannot be modified, even by AB Tasty administrators.

Management of technical vulnerabilities

• A security watch is in place to identify the various security flaws in the system.
• A vulnerability scanner is also in place. 
• In the event of an emergency (virus attack, critical flaw or any remotely exploitable vulnerability), AB Tasty will provide:
  • a patch to be applied ; or
  • a temporary workaround. 

Security of developments

• The various environments are logically isolated (production and development/staging, etc).
• A development policy and a secure development policy are in place within AB Tasty.
• Code reviews are carried out for each new deployment.

Incident management

• An incident management procedure is in place within AB Tasty to detect, classify and process security incidents. 
• This includes communicating major or critical incidents to our customers as soon as possible.
• All resolved incidents are analyzed after the incident to determine their cause, to prevent symptoms from recurring and to strengthen security systems. 

APPENDIX II

LIST OF AUTHORIZED PROCESSORS

Subsequent processor	Address	Place of processing	Storage location
Google Ireland (GCP)	Barrow Street, 99132 Dublin, Ireland	Belgique	N/A (no storage)

APPENDIX III

ISO 27001 CERTIFICATION

AB Tasty Service (Client Side)

Service Description

Web Experimentation & Personalization

Mode of operation

Installation of the AB Tasty JS Tag by the Customer – Management of the JS Tag

The Service is based on the installation by the Customer of a tag (“JavaScript Tag” or “JS Tag”) on its website(s) and on the ability of said JS Tag to collect a certain amount of information on the behaviour and browsing mode of the visitors to the website in question.

To activate the AB Tasty Service, the Customer must install the JS Tag on the website where it wishes to conduct a marketing campaign.

Each time a visitor visits said Customer’s website, the JS Tag is activated, downloads a JavaScript (list of HTML modifications) generated by the Customer and hosted by AB Tasty, and allows for the remote collection of behavioural data.

Said installation must be done as follows:

• Synchronous placement of the Tag 
• Deposit of the Tag in the page header and insertion between the tags of the web page subjected to campaigns
• Placement of the tag before any other script
• Placement of the Tag directly in the source code of the web page (and not in a Tag Management System)

The Customer is responsible for adjusting the implementation according to its needs and specific requirements. Configuration by the Customer of the JS Tag, its weight, or its position in the HTML pages of the website(s) or the Customer’s other connected media may impact the download time of the JS Tag on the terminal used by the visitor(s) and may possibly affect the visual quality of the test requested by the Customer. The JS Tag is about 40 kB in size: the number of tests launched simultaneously has a direct impact on the JS Tag (approximately 70 KB in total for 10 ongoing tests). The Customer acknowledges that it is aware that any implementation that deviates from the instructions given above may result in degraded performance once in production and non-application of the Service Quality Levels.

The Customer is forbidden from inserting any script aimed at spying, collecting, deleting or modifying data on the visitor’s browser and device, and must not damage in any way other services or the visitor’s browser and device during use of the AB Tasty Service.

The JS tag shall be installed throughout the entire duration of the Contract. 

The JS Tag i) may be uninstalled or deactivated remotely via the dedicated feature on the AB Tasty platform at any time by the Customer, rendering the AB Tasty Service inaccessible to any of the Customer’s connected media, and ii) must be uninstalled or deactivated if the Customer suspects or becomes aware of a failure or major event likely to affect any connected media.

The Customer undertakes not to condition the functioning/running of its website on the presence of all or part of the JS Tag. Failing this, AB Tasty cannot be held responsible for the consequences of any malfunctioning of the said website resulting from the modification or update of the JS Tag carried out by AB Tasty. 

AB Tasty regularly deploys functional updates such as security updates or bug fixes, which are automatically integrated into the JS Tag.

At the end of the Agreement, the JS Tag shall be disabled by AB Tasty.

Management of cookies by the Customer

The AB Tasty Service requires that two cookies be placed on the visitor’s device by the Customer’s website(s) or other connected media.

These two cookies are issued by the URL of the Customer’s website:

• AB Tasty Session Cookie

This cookie is used to identify a unique session, i.e., each ‘visit + the actions performed’ by the visitor during the visit to the site. This cookie is used to recognise the browser via the IP address associated with it. 

The lifetime of this cookie is limited to the duration of the session.

• AB Tasty Cookie

This cookie transmits all behavioural information required for preparation of the Campaign Results 

All the Campaign Results obtained are compiled and totally anonymous. They provide information on visitors’ browsing and behaviour, including the number of visitors, number of visits, number of pages viewed, information needed to measure the performance of each page version during a test (including URL, Visitor ID generated by AB Tasty, total number of sessions, number of pages viewed in the current session, referrer, 3 timestamps over the life of the session, Test ID pairs, active and past Variation IDs, etc.).  

The lifetime of this cookie is thirteen months.

The Customer is responsible for informing visitors that these two cookies may be placed on their browser, for obtaining these visitors’ consent for collecting information via these cookies, and for providing them with the information necessary for the placement of these cookies. 

In any event, the Customer may not activate the AB Tasty Service until the consent of visitors has been duly obtained by the Customer by following the configuration instructions. Only visitors who have accepted the cookies will be subjected to the tests proposed by the AB TASTY Service.

Management of Visitor IDs by the Customer

To activate the AB Tasty Service, the Customer may: 

• either ask AB Tasty to generate a unique ID for each user (“Visitor  ID”). AB Tasty warrants to the Customer that this Visitor ID is anonymous;
• or choose to generate the Visitor ID. The Customer acknowledges that AB Tasty has no way of checking the Visitor IDs generated by the Customer, which may choose, in particular, to associate said Visitor ID with a user context. The Customer is responsible for ensuring that all Visitor IDs generated in this manner are anonymous and do not contain any personal or sensitive data. The Customer hereby relieves AB Tasty from all prejudicial consequences likely to arise from non-compliance with this obligation, both with regard to the persons in question and to the supervisory authorities or any third parties. 

Management of Customer accounts

There are 4 different levels of platform access and accreditation, all of which are at the sole discretion and responsibility of the Customer. They can be configured through the Customer’s AB Tasty account.

• Viewer – this role allows the following actions:

• View the list of tests or customisations and organise them in folders without modifying or editing them,
• View test reports or customisations without modifying them or creating objectives,
• Access personal information and modify it through the Settings
• Creator – this role allows the following actions:

• Create and edit a test or a customisation and copy it without starting, pausing, or deleting it,
• Create and manage folders to organise tests and customisations,
• Assign a tag to, or delete a tag from, a test or a customisation,  
• Access reports and all available options for creating, modifying, or deleting (except for modifying/deleting an objective and deleting data),
• Access information and modify it; display and copy the 3 types of tags through the Settings.
• User – this role allows the following actions:

• Create and manage tests or customisations (including copying, starting, pausing, deleting, and organising them in folders),
• Access reports and manage all available options,
• Access information and modify it; display and copy the 3 types of tags through the Settings.
• Admin – this role grants all rights to

• Create and manage tests or customisations (including organising them in folders),
• Access reports and manage all available options,
• Access and manage all configuration options.

Password confidentiality

The Customer acknowledges that the passwords attributed to it are personal and confidential. The Customer is responsible for ensuring that passwords are kept confidential. AB Tasty can in no way be held liable for damage resulting from the loss or illicit or fraudulent use of a Customer’s passwords.

Description of Modules 

The modules supplied to the Customer are those indicated on the Order Form according to the Package chosen by the Customer. The following list is provided for information purposes only.

• Campaign Dashboard
  Module for displaying the list and dashboard of campaigns in order to list, view, filter, organise, and archive the list of Campaign Results.
  
• Web test campaigns
  Module used to create and configure optimisation campaigns using various test methods including A/B tests, redirection tests, and multivariate tests.

• Web customisation campaigns
  Module for creating and configuring customisation campaigns in order to display digital content specific to a target audience as defined by the Customer.

• Editor
  Module for preparing modifications of the display of one or more pages through the AB Tasty Solution ‘Editor’ tool. Some modifications may be applied visually, and others will require the  development of code through AB Tasty, depending on the complexity of the Customer’s website or other connected media.

• Targeting engine
  Module for defining which portion of traffic must be allocated to a given marketing campaign and for segmenting the audience according to a certain number of attributes defined by the Customer.
  
• Reporting
  AB Tasty collects events triggered by visitors on the Customer’s websites or other connected media for the purpose of analysing Campaign Results, according to objectives defined by the Customer; AB Tasty also enables its Customers to export each campaign from the platform in order to analyse or share its Campaign Results. AB Tasty also offers native connectors with partner analytics tools.
  
• Third Party Tools
  This feature can be used to link the Campaign Results generated by the AB Tasty Solution with other third party data belonging to the Customer, such as those from the Customer’s Data Management Platforms (DMPs). 
  
• Widgets
  Widgets are turnkey modules that can be fully customised by the Customer using the visual editor. They enable the rapid addition and optimization of content on the pages and media of the Customer’s websites or other connected tools, which otherwise could not have been generated without the addition of code; they therefore give the Customer greater autonomy in terms of his ability to push innovative and dynamic content. All Widgets can be customised via a configurator. They are made available to the Customer in a library that can be accessed through the platform on which they can be activated. Some Widgets are only available to Customers who have subscribed to a certain plan.

Custom Widgets 

Custom Widgets are : 

• created by the Customer via AB Tasty’s Custom Widget creation module. The Customer is responsible for the proper functioning of its Custom Widgets. Custom Widgets are not maintained by AB Tasty and the Service Level Agreement does not apply to them; or
• created by AB Tasty as part of the Professional Services. AB Tasty is the owner of said Custom Widgets, which do not benefit from progressive maintenance, but do benefit from AB Tasty’s corrective maintenance and AB Tasty’s Service Level Agreement.

• Emotions AI
  This module enables visitors to be grouped into a number of categories. These groups are based on an algorithmic approach and interpretation of behavioural data analysed from an emotional point of view. They correspond to specific typologies of expectations in terms of user experience: for example, the group with “Security” type expectations, the group with “Comprehension” type expectations, the group with “Immediacy” type expectations, etc… This classification makes it possible to offer visitors user experiences that are better adapted to their specific expectations.
  
  This module enables customers to carry out innovative analysis of the performance of their sites and test campaigns, and to define targeted audiences for their personalization campaigns.
  
• Reco & Merch
  This module allows Customer to optimise the presentation and order of products displayed, particularly on list pages or in product recommendation blocks in customer applications.

Service Levels

Web Experimentation & Personalization

Definitions

AB Tasty APP (APP): interface allowing access to the AB Tasty Service.

Incident(s): incident declared by the Customer.

Service Credits : amount due by AB Tasty to the Customer in case of non-compliance with the Service Levels.

Percentage of Monthly Usable Time (PMUT): percentage of Service availability, calculated per 5-minute period, on a monthly basis, excluding scheduled maintenance.

Javascript Tag (JS Tag): tag deposited by the Customer on his website.

Response Time (RT): time elapsed between the declaration of the Incident by the Customer and the response date.

Call Response Time (CRT): time elapsed between the arrival of calls from the Visitor terminal and the sending of responses by AB Tasty’s infrastructure.

Universal Collect: API called by the Customer allowing AB Tasty’s infrastructure to collect raw behavioural data from the Client’s Visitors.

AB Tasty Service Levels

JS Tag

• The PMUT is 99.99% which corresponds to an unavailability of :
  • per day, 8s
  • per week, 1mn
  • per month, 4mn 22s
  • per year, 52mn 35s

• The CRT is calculated on the default basis of a 33.3kB JS Tag and with a base connection of the Visitor’s terminal as follows:
  • Ping latency: 2 milliseconds
  • Download speed: 30Mbps
  • Upload speed: 15Mbps

For JS Tags up to 40kB,

• The average monthly CRT does not exceed 200 milliseconds
• The CRT may not exceed 500 milliseconds for more than 3% of calls.

For JS Tag between 41kB and 125kB, the average monthly CRT does not exceed 250 milliseconds. 

No CRT is guaranteed for JS Tag above 125kB.

APP

• The PMUT is 99.90% which corresponds to an unavailability of:
  • per day, 1 mn 26s
  • per week, 10mn 4s
  • per month, 43mn 49s
  • per year, 8h 45mn 56s

Universal Collect 

• The PMUT is 99.95% which corresponds to an unavailability of:
  • per day, 43s
  • per week, 5m 2s
  • per month, 21m 54
  • per year, 4h 22m 58s

Incident Report

In the event of an Incident, Customer should contact:

• The Customer Success Manager dedicated to the Customer (for customers who have one) or,
• AB Tasty support, by sending an email to the following address: support@abtasty.com

AB Tasty acknowledges receipt of the Customer’s Incident report by email. The correction period starts as soon as AB Tasty acknowledges receipt. A dedicated AB Tasty team is automatically informed of all Incidents that occur in the infrastructure and a DevOps is on call 24/7.

Service Credits 

JS Tag

• PMUT:

PMUT minimum Cumulative minutes / month	Maximum PMUT Cumulative minutes / month	Service Credits (% of service credits / month)
> 5 mins	<= 8 mins	5% of the licence fee of use/month
> 8 mins	<= 12 mins	10%
> 12 mins	<= 16 mins	15%
> 16 mins	<= 20 mins	20%
> 20 mins	<= 40 mins	25%
> 40 mins	<= 60 mins	30%
> 60 mins		35% maximum

• CRT:

Minimum CRT Tag AVG 40kB response time	Maximum CRT Cumulative minutes / month	Service Credits (% of service credits / month)
> 200 ms	<= 225 ms	5% of the licence fee of use / month
> 225 ms	<= 250 ms	10%
> 250 ms	<= 275 ms	15%
> 275 ms	<= 300 ms	20%
> 300 ms		25% maximum

• CRT if the 3% threshold referred to in clause 1.1.b) is exceeded:

Minimum % ofrequests exceeding 500ms	Maximum % of requests exceeding 500ms	Service Credits (% of service credits/ month)
> 3%	<= 4%	5% of the license fee of use / month
> 4%	<= 5%	10%
> 6%	<= 7%	15%
> 8%+		20% maximum

• RT: 3 working days.

APP

a) PMUT:

PMUT minimum Cumulative minutes / month	Maximum PMUTCumulative minutes / month	Service Credits(% of service credits/ month)
> 45 mins	<= 90 mins	5% of the amount of theuser licence / month
> 90 mins	<= 120 mins	10%
> 120 mins	<= 240 mins	15%
> 240 mins		20% maximum

b) RT: 3 working days.

Universal Collect by AB Tasty

PMUT

PMUT minimum Cumulative minutes / month	Maximum PMUTCumulative minutes / month	Service Credits(% of service credits/ month)
> 22 mins	<= 30 mins	5% of the licence fee / month
> 30 mins	<= 60 mins	10%
> 60 mins	<= 120 mins	15%
> 120 mins	<= 240 mins	20%
> 240 mins		25% maximum

RT : 2 working days.

Conditions of application

• The commitments made by AB Tasty under these Service Levels are result-based commitments.
• These Service Levels have been established on an annual basis and must, where necessary, be prorated (e.g. in the event of monthly or half-yearly billing by the Customer).
• In any given month, if more than one Service Credit is incurred, only the highest Service Credit will be due.
• The Service Credit shall be the sole remedy available to Customer for failure to comply with these Service Levels, up to a maximum of ten percent (10%) of the total amount paid or payable by Customer under the Agreement; provided, however, that in the event of failure to comply with these Service Levels for a period of three (3) consecutive months, Customer shall have the right to either claim the Service Credits, or terminate the Agreement.
• Scheduled maintenance is excluded from the calculation of Service Levels. The Customer will be notified seven (7) days prior to the Service interruption for scheduled maintenance.
• These Service Levels are not applicable to Custom Widgets which are developed by Customer.
• These Service Levels are not applicable to the Service Recommandation & Merchandising (Reco&Merch).