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GENERAL TERMS AND CONDITIONS OF SALE (GTCS) OSTRAL

1. Purpose

These General Terms and Conditions of Sale (“GTCS”) set out the terms under which OBSAM,
a simplified joint-stock company (SAS) with a share capital of €15,879, registered with the
Saint-Malo Trade and Companies Register under number 817 448 558, and having its registered
office at 119 rue de Brest, 22100 Dinan, France (“OBSAM”), provides its OSTRAL and
BOREAL services (the “Services”) to its clients on a Software-as-a-Service (SaaS) basis.
The Services are intended solely for professional use. Any misuse or use outside the intended
scope is strictly prohibited.

2. Services and Subscription Plans

The services provided by OBSAM are structured around the OSTRAL platform and the BOREAL tool.
OSTRAL is a platform designed to manage industrial data, anticipate obsolescence risks, and
connect industrial needs with available solutions within a network of stakeholders.
The subscription offers are as follows:

  • OSTRAL Essentiel: subscription intended for companies wishing to access data, monitor their references, and identify solutions to their industrial challenges.
  • OSTRAL Solution: subscription intended for companies wishing to promote their solutions, respond to industrial needs, and develop business opportunities.

These subscriptions may be supplemented by additional modules, including but not limited to
reference extensions, solution activation, and technical integrations.
The detailed features of each offer, as well as the applicable pricing conditions, are specified
in the subscription form and/or related commercial documents

3. Term and Renewal

The agreement shall take effect from the date of service activation.
It is entered into for an initial fixed term of twelve (12) months.
Unless terminated by either party, with notice given in writing (by registered letter or email with acknowledgment of receipt) at least two (2) months prior to the expiry date, the agreement shall be automatically renewed for successive periods of twelve (12) months.
By way of exception, certain offers may include specific early termination conditions, particularly in the case of monthly payments. These conditions are detailed in the subscription form.
OBSAM may, on a non-binding basis, notify the client of the upcoming renewal date of their subscription.

4. Payment Terms

Payment of subscriptions shall be made by bank transfer to OBSAM’s account (bank details
provided).
Depending on the subscribed offer, payment may be made:

  • either in full upon order, and upon each annual renewal;
  • or on a monthly basis, under the conditions specified in the subscription form.

Additional modules shall be invoiced on a monthly basis, based on the services effectively performed during the previous month.
In the event of renewal or monthly payment, any delay in payment exceeding thirty (30) calendar days from the due date shall result in:

  • suspension of access to the services, following prior notice remaining without effect;
  • the application of late payment interest in accordance with Article L441-10 of the
    French Commercial Code;
  • the application of a fixed recovery fee of €40.

OBSAM reserves the right to require immediate payment of any outstanding amounts in the
event of non-compliance with the payment terms.

5. Subscription Requirements

The Client shall provide the following valid and up-to-date documents:

  • Signed subscription form;
  • Completed client information sheet;
    GENERAL TERMS AND CONDITIONS OF SALE (GTCS) OSTRAL
  • Extract from the Trade Register (Kbis) dated less than three (3) months;
  • Valid professional certifications and accreditations.

OBSAM reserves the right to refuse access to the Services if such documents are not provided.

6. Acceptable Use

The Client agrees to:

  • Use the Services strictly for its internal business purposes;
  • Keep all login credentials confidential and secure;
  • Refrain from copying, distributing, sublicensing, or otherwise making the Services available to any third party.


Any breach may result in immediate suspension or termination of the Agreement, without refund or compensation, and may give rise to legal action.

7. Service Levels and Support

OBSAM shall:

  • Use commercially reasonable efforts to ensure availability of the Services Monday to
    Friday, 9:00 a.m. to 5:00 p.m. (excluding French public holidays);
  • Provide updates and improvements at no additional cost;
  • Offer technical support via email during business hours;
  • Implement appropriate technical and organizational measures to ensure data security. 

8. Data Protection (GDPR)

OBSAM complies with the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
In particular:

  • Client data is hosted exclusively within the European Union;
  • No personal data is sold or shared with third parties for commercial purposes;
  • Clients may exercise their rights (access, rectification, erasure) by contacting: rgpd@obsam.com

9. Intellectual Property

All intellectual property rights relating to the Services, including software, platforms, docu-mentation, and content, remain the exclusive property of OBSAM.

No rights are granted to the Client other than a limited, non-exclusive, non-transferable right to use the Services for the duration of the Agreement.

10. Liability and Force Majeure

OBSAM shall provide the Services in accordance with industry standards but shall not be liable for:

  • Any indirect, incidental, or consequential damages, including loss of profit, revenue, or data;
  • Service interruptions due to maintenance, technical issues, or events beyond its reaso-nable control (including force majeure events such as fire, strikes, floods, or cyberat-tacks).

In any event, OBSAM’s total liability shall not exceed the total amount paid by the Client for the Services during the preceding twelve (12) months.

11. Termination for Breach

Either party may terminate the Agreement in the event of a material breach by the other party, if such breach remains uncured thirty (30) days after written notice.

Upon termination:

  • Access to the Services will be suspended;
  • Client data will remain available for thirty (30) days, except in cases of serious miscon-duct.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with French law.

The parties shall seek to resolve any dispute amicably. Failing such resolution, the Commercial Court of Saint-Malo shall have exclusive jurisdiction, unless otherwise required by mandatory legal provisions.