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GENERAL TERMS AND CONDITIONS OF SALE

appaloosa.io

Last updated: 16 December 2025

1. PREAMBLE

These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the contractual relationship between OB2J, a société par actions simplifiée with a share capital of 1,010.50 euros, registered with the Trade and Companies Register of Bayonne under number 901 232 520 R.C.S. Bayonne, whose registered office is located at 9 impasse Rolland, 64200 Biarritz, France (hereinafter "appaloosa.io" or "the Provider"), and any legal entity subscribing to the services offered by appaloosa.io (hereinafter "the Customer").

The appaloosa.io brand markets a SaaS (Software as a Service) mobile fleet management solution enabling corporate IT administrators to deploy applications and configurations on computers, smartphones and tablets.

2. DEFINITIONS

Service: means the appaloosa.io SaaS platform, accessible online, enabling mobile fleet management.

Device: means any computer, smartphone or tablet enrolled and managed through the appaloosa.io platform.

Subscription: means the Customer's subscription to the Service under the pricing terms selected.

Options: means the additional paid features offered by appaloosa.io, either on a recurring basis or as a one-off payment for integrations.

Trial period: means the free period of at least 14 days allowing the Customer to test the Service.

Customer Account: means the Customer's personal area accessible through the appaloosa.io interface.

3. PURPOSE

The purpose of these GTCS is to define the conditions under which appaloosa.io provides its services to the Customer, as well as the rights and obligations of the parties in this respect.

4. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

Acceptance of these GTCS is evidenced by subscribing to a Subscription or by using the Service. The Customer acknowledges having read these GTCS and accepts them without reservation.

These GTCS are available at all times on the appaloosa.io website and shall prevail over any other version or any other conflicting document.

5. SUBSCRIBING TO THE SERVICE

5.1 Eligibility

The appaloosa.io Service is intended exclusively for professionals (legal entities). Any subscription by a natural person acting in a personal capacity shall be deemed null and void.

5.2 Account creation

In order to subscribe to the Service, the Customer must create a Customer Account by providing the following information:

  • Company name
  • Address of the registered office
  • SIRET number or equivalent
  • Contact details of the legal representative
  • Business email address
  • Billing information

The Customer warrants the accuracy and the updating of the information provided.

5.3 Trial period

Appaloosa.io offers a free trial period of at least 14 days. During this period, the Customer may test all the features of the Service without any financial commitment.

At the end of the trial period, the Subscription automatically becomes chargeable under the pricing terms selected by the Customer, unless expressly terminated before the end of the trial period.

6. PRICES AND PAYMENT TERMS

6.1 Pricing

The Service is billed on a per device per month pricing model. The prices in force may be consulted on the appaloosa.io website or provided by quotation.

Minimum quantity: Every Subscription requires a minimum of 50 devices.

Volume discounts: Where a discount is granted on the basis of the number of devices, a minimum commitment of one year is required.

6.2 Billing terms

The Customer may choose between three billing modes:

  • Monthly billing
  • Annual billing
  • Multi-year billing

Billing is carried out in advance for the period selected.

6.3 Paid Options

The Customer may subscribe to additional Options, billed:

  • On a recurring basis (monthly or annually), or
  • As a one-off payment for specific integrations

6.4 Means of payment

The accepted means of payment are:

  • Credit card for self-service subscriptions
  • Bank transfer for subscriptions based on a quotation
  • SEPA direct debit for recurring subscriptions

6.5 Late payment

In the event of late payment, the following provisions shall apply:

  • Application of the statutory interest rate in force
  • Suspension of access to the Service until full payment has been regularised
  • Charging of late payment penalties in accordance with the French legislation in force
  • Possibility for appaloosa.io to terminate the contract after a formal notice has remained without effect for 15 days

6.6 Price changes

Appaloosa.io reserves the right to amend its prices at any time. However:

  • The prices applicable to Subscriptions in progress remain unchanged for the entire duration of the commitment
  • For Subscriptions renewed by tacit agreement, any price change will be notified to the Customer with one month's prior notice before it takes effect
  • The Customer may terminate its Subscription under the conditions set out in article 9 if it refuses the new pricing

7. TERM AND RENEWAL

7.1 Term of the Subscription

The Subscription is taken out for the term chosen by the Customer (monthly, annual or multi-year).

7.2 Tacit renewal

Unless terminated under the conditions set out in article 9, the Subscription is tacitly renewed for a term equivalent to the initial period.

8. CHANGES TO THE SERVICE

8.1 Development of features

Appaloosa.io reserves the right, at any time, to:

  • Add new features to the Service at no additional cost to the Customer
  • Develop new optional paid features
  • Modify or improve existing features for technical, security or regulatory reasons

The Customer will be informed of any substantial change to the Service by notification in its Customer Account or by email.

8.2 Maintenance

Appaloosa.io may carry out scheduled maintenance operations that may result in a temporary interruption of the Service. Such maintenance will be announced at least 48 hours in advance through the Customer Account or by email.

9. TERMINATION

9.1 Termination by the Customer

The Customer may terminate its Subscription subject to the following notice periods:

  • Monthly Subscription: termination possible at any time, taking effect at the end of the month
  • Annual Subscription: one month's notice before the annual renewal date
  • Multi-year Subscription: three months' notice before the renewal date

The termination request must be made in writing (email or registered letter with acknowledgement of receipt) to support@appaloosa.io.

9.2 Termination by appaloosa.io

Appaloosa.io may terminate the Subscription in the following cases:

  • Serious breach by the Customer of its contractual obligations, after a formal notice has remained without effect for 15 days
  • Non-payment of the sums due after formal notice
  • Fraudulent or abusive use of the Service
  • Breach of the terms of use

9.3 Effects of termination

On the effective date of termination:

  • Access to the Service is immediately suspended
  • The Customer loses all rights of access to its Customer Account
  • No pro rata refund is made for the unused period, unless otherwise provided by law
  • The sums due remain immediately payable

10. DATA AND INTELLECTUAL PROPERTY

10.1 Ownership of the Customer's data

The Customer remains the owner of all the data it creates, uploads or generates on the appaloosa.io platform, in particular:

  • The user accounts created
  • The applications deployed
  • The configurations carried out
  • Any other data entered into the Service

10.2 Licence to use the data

The Customer grants appaloosa.io a non-exclusive licence to use its data, solely for the purposes of providing the Service and for the term of the Subscription. This licence includes the hosting, processing, backup and reproduction rights necessary for the operation of the Service.

10.3 Intellectual property of appaloosa.io

Appaloosa.io retains full ownership of:

  • The platform and its technology
  • The source code and the algorithms
  • The appaloosa.io brand and all graphic elements
  • The documentation and training materials
  • Any innovation or improvement developed

No licence or transfer of intellectual property is granted to the Customer, other than the right to use the Service within the framework of the Subscription.

10.4 Return and deletion of data

During the termination notice period: The Customer may request the return of its data in a usable format. This request must be made in writing before the expiry of the notice period.

As from the effective date of termination: The Customer's data is retained for a maximum period of 30 calendar days, unless otherwise requested by the Customer or required by a legal retention obligation. During this period, the Customer may:

  • request the return of its data;
  • request the early deletion of all or part of its data.

At the end of this period, or upon the Customer's express request before its expiry, the data is permanently and irreversibly deleted, including in backup systems, subject to the technical time required. Appaloosa.io may retain certain data in anonymised form for statistical purposes or for the purposes of improving the Service. Appaloosa.io may not be held liable for the loss of data if the Customer has not requested its return within the allotted time.

11. SERVICE LEVEL COMMITMENTS (SLA)

11.1 Availability rate

Appaloosa.io undertakes to maintain a monthly availability of the Service of 99.98%, corresponding to a maximum downtime of 8 minutes per month.

11.2 SLA exclusions

The availability rate does not take into account:

  • Scheduled interruptions and preventive maintenance announced at least 48 hours in advance
  • Unavailability resulting from an event of force majeure
  • Problems related to the Internet infrastructure of the Customer or of third parties
  • Malfunctions caused by use of the Service by the Customer that does not comply with these terms
  • Interruptions resulting from an act or omission of the Customer

11.3 Customer support

Customer support is available:

  • Hours: Monday to Friday, from 9:00 a.m. to 6:00 p.m. (Paris time), excluding French public holidays
  • Contact channels:

11.4 Incident classification

Incidents are categorised according to three levels of severity:

Critical incident: total unavailability of the Service or of an essential feature affecting all users.

  • Response commitment: within 1 business hour
  • Estimated resolution time: 4 business hours

Major incident: partially degraded feature impacting several users, but with a workaround available.

  • Response commitment: within 4 business hours
  • Estimated resolution time: 1 business day

Low incident: minor problem affecting a limited number of users or having no blocking functional impact.

  • Response commitment: within 1 business day
  • Estimated resolution time: 5 business days

11.5 Service credits

In the event of failure to meet the guaranteed monthly availability rate, the following credits are applied as a reduction on the next monthly invoice:

Monthly availability Credit granted
Between 99.98% and 99.90% 5%
Between 99.90% and 99.50% 10%
Below 99.50% 25%

Conditions of application:

  • The Customer must report the unavailability within 5 business days following the end of the month concerned
  • The credits constitute the Customer's sole and exclusive remedy in the event of failure to meet the SLA
  • The credits may not be carried over from one month to another
  • The credits may not give rise to a refund in cash

12. OBLIGATIONS AND LIABILITIES

12.1 Obligations of appaloosa.io

Appaloosa.io undertakes to:

  • Provide the Service with due care and professionalism
  • Ensure the maintenance and development of the Service
  • Implement the measures necessary to guarantee the security and confidentiality of the data
  • Comply with the service level commitments set out in article 11
  • Inform the Customer of any substantial change to the Service

12.2 Obligations of the Customer

The Customer undertakes to:

  • Use the Service in accordance with its intended purpose and with these GTCS
  • Not attempt to undermine the integrity or the security of the Service
  • Respect the intellectual property rights of appaloosa.io
  • Maintain the confidentiality of its login credentials
  • Provide accurate and up-to-date information
  • Pay the sums due on the agreed due dates
  • Not use the Service for unlawful purposes or purposes contrary to public decency

12.3 Limitation of liability

Appaloosa.io may only be held liable for proven direct damage suffered by the Customer and resulting from a breach of its contractual obligations.

The following are in particular excluded from the liability of appaloosa.io:

  • Indirect damage such as loss of turnover, loss of customers, loss of opportunity, commercial harm, loss of data (other than the return obligation provided for), damage to reputation
  • Damage resulting from abnormal or non-compliant use of the Service
  • Damage caused by an event of force majeure or by the act of a third party
  • Malfunctions due to the Customer's Internet infrastructure

Cap: In any event, the total liability of appaloosa.io is capped at the total amount of the sums actually paid by the Customer during the 12 months preceding the occurrence of the damage.

13. CONFIDENTIALITY AND DATA PROTECTION

13.1 Confidentiality

Each party undertakes to keep strictly confidential all information of a confidential nature belonging to the other party of which it may become aware in the course of the performance of the contract.

13.2 Protection of personal data

The processing of personal data within the framework of the Service is governed by the appaloosa.io Privacy Policy, available on the appaloosa.io website and compliant with the General Data Protection Regulation (GDPR).

Appaloosa.io acts as a processor within the meaning of the GDPR for the personal data processed on behalf of the Customer. A data processing agreement compliant with article 28 of the GDPR may be put in place at the Customer's request.

14. FORCE MAJEURE

Neither party may be held liable for a delay in or a failure to perform its obligations resulting from an event of force majeure as defined by French case law.

Events of force majeure include in particular: natural disasters, fires, strikes, industrial disputes, epidemics, pandemics, acts of terrorism, wars, failure of telecommunications or electricity networks, legislative or regulatory changes.

If the force majeure situation continues for more than 60 days, either party may terminate the contract as of right.

15. ASSIGNMENT OF THE CONTRACT

The Customer may not assign, transfer or subcontract all or part of its rights or obligations under these GTCS without the prior written consent of appaloosa.io.

Appaloosa.io may freely assign or transfer all or part of its rights and obligations, in particular in the event of a restructuring, merger, acquisition or transfer of business.

16. AMENDMENTS TO THE GTCS

Appaloosa.io reserves the right to amend these GTCS at any time. The amendments take effect upon their publication on the appaloosa.io website.

The Customer will be informed of any substantial change by notification in its Customer Account or by email at least 30 days before it takes effect.

Continued use of the Service after the new GTCS take effect constitutes acceptance thereof. If the Customer refuses the amendments, it may terminate its Subscription under the conditions set out in article 9.

17. SEVERABILITY OF CLAUSES

If one or more provisions of these GTCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect.

18. COMPLAINTS

Any complaint relating to the performance of the contract must be sent in writing to:

Email: support@appaloosa.io

Post: OB2J SAS - Service Réclamations, 9 impasse Rolland, 64200 Biarritz, France

Appaloosa.io undertakes to acknowledge receipt of any complaint within 5 business days and to provide a reply within 30 days.

19. MEDIATOR

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes (applicable to contracts concluded with professionals), in the event of a dispute the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method.

20. GOVERNING LAW AND COMPETENT JURISDICTION

These GTCS are governed by French law.

In the event of a dispute relating to the interpretation, performance or termination of these GTCS, and failing an amicable agreement, the dispute shall be brought before the courts having jurisdiction within the territory of the Cour d'Appel de Pau, notwithstanding multiple defendants or third-party proceedings.

Where the Customer is a public entity, the dispute shall fall within the jurisdiction of the competent administrative court.

APPENDIX: CONTACT DETAILS

OB2J

Trade name: appaloosa.io

Registered office: 9 impasse Rolland, 64200 Biarritz, France

SIRET: 901 232 520 R.C.S. Bayonne

Intra-community VAT number: FR82901232520

Share capital: 1,010.50 Euros

Sales contact: sales@appaloosa.io / +33 5 18 25 12 52

Technical support: support@appaloosa.io

Website: https://www.appaloosa.io

Document applicable as from 1 October 2025 - Version 1.0