Terms of Service

Dernière mise à jour : February 13, 2026

1. Legal Information

These Terms of Service (the “Terms”) govern your use of Index 10, operated by MEGAMOUNT, a French single-member limited liability company (EURL) with share capital of €1,000.

  • SIRET: 944 778 984 00012
  • R.C.S: 944 778 984 Paris
  • EU VAT: FR68944778984
  • Registered office: 30 BOULEVARD DE SEBASTOPOL, 75004 PARIS, France
  • Managing Director: Adam Fontaine
  • Contact: info@index10.com

Definitions

  • "Services": the Index 10 platform, its modules, APIs, AI tools, hosting and all associated features provided by MEGAMOUNT.
  • "Customer Data": content, files, prompts, applications generated or imported by the user through the Services, excluding Usage Data.
  • "Usage Data": logs, metrics and other technical data produced by the platform during use of the Services.
  • "AI Content": outputs generated by artificial intelligence models (code, text, media, etc.).
  • "Third-Party Providers": external service providers involved in delivering the Services (hosting, databases, AI models, payment, etc.).
  • "Index10 Cloud": the optional managed cloud hosting service offered by MEGAMOUNT, including database, authentication, file storage, edge functions and realtime, provisioned on the infrastructure of a third-party Backend Provider.
  • "Backend Provider": the third-party provider(s) supplying the backend services used by Index10 Cloud, including database, authentication, file storage and edge functions (currently Supabase, Inc. via the Supabase for Platforms programme).
  • "Cloud Credits": units of value used to measure and bill consumption of Index10 Cloud resources, distinct from AI Credits.

MEGAMOUNT may remove without prior notice any manifestly unlawful content reported in accordance with applicable law. You agree to cooperate with us when handling takedown requests or information requests from competent authorities.

2. Description of the Service

Index 10 is a SaaS platform that generates production-ready web applications using artificial intelligence. You can describe your product, configure modules, deploy to managed hosting, export the generated code, and optionally benefit from a managed cloud backend via Index10 Cloud.

3. Acceptance of the Terms

By creating an account or using Index 10 you agree to these Terms. If you do not agree, do not access the platform.

These Terms apply to all users, including free trial accounts and paying subscribers.

4. Eligibility and Account Security

The Services are available to individuals and legal entities who:

  • Are at least 18 years old (or have the required parental authorisation)
  • Have the legal capacity to enter into contracts
  • Provide accurate information during registration

You are responsible for the confidentiality of your credentials and for all activity on your account. The Services are not intended for minors under 16 years of age; you agree to notify us without delay of any unauthorised use by a minor.

5. Acceptable Use

When using Index 10 you agree not to:

  • Violate applicable laws, including privacy, consumer and export regulations
  • Upload or generate unlawful, discriminatory, hateful or infringing content
  • Probe, scan or exploit vulnerabilities within the platform
  • Distribute malware, spam or malicious automations
  • Misrepresent AI-generated output as human-authored where disclosure is required
  • Neglect to maintain your own backups, business continuity and disaster recovery procedures
  • Operate without appropriate insurance coverage for your activities and those of your end customers
  • Deploy or operate solutions in high-risk environments (including aviation, medical devices, critical infrastructure, transportation systems, nuclear, security or defense)
  • Offer regulated services (legal, medical, financial, insurance, accounting, etc.) without holding the required professional licences or authorisations
  • Implement large-scale surveillance, sensitive profiling or automated decision-making without human oversight, risk assessments and compliance safeguards
  • Circumvent usage limits through multiple accounts, unapproved integrations or techniques designed to conceal your identity or consumption volume
  • Use the Services to develop, train or operate weapons, lethal autonomous systems or other purposes that contravene human rights
  • Use the Services as a service bureau or to provide outsourced services to third parties without MEGAMOUNT's prior written consent
  • Develop, train or improve any product or service that directly competes with the Services, using insights or outputs derived from the Services
  • Conduct comparative testing or performance benchmarking of the Services, or publish results thereof, without MEGAMOUNT's prior written consent
  • Place disproportionate or unreasonable load on the platform's infrastructure
  • Remove, obscure or alter any notices, branding or attributions of MEGAMOUNT within the Services
  • Use the platform or AI Content to send unsolicited commercial communications

MEGAMOUNT may remove or disable access to any content that is manifestly unlawful or violates these Terms upon notice under applicable law. You agree to cooperate with our team when handling takedown requests or lawful inquiries from competent authorities.

Use in heavily regulated industries (healthcare, finance, energy, transportation, utilities, etc.) requires additional controls, documented human review and appropriate insurance. We may request evidence of such safeguards and suspend any project that presents a material legal or operational risk.

6. Workspace Management

Workspace owners may invite collaborators and remain responsible for their actions. We may suspend or terminate access that threatens the security or integrity of the platform.

7. Plans, Billing and Credits

7.1 Subscriptions and Payments

Certain features require a paid monthly or annual subscription. Fees are charged in euros, billed in advance and renew automatically each period unless you cancel.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period, with no pro-rata refund except where required by mandatory law. Any price changes will be announced with at least thirty (30) days' prior notice.

The applicable amounts are those displayed on our pricing page at the time of subscription. Applicable taxes (including VAT) are calculated and added automatically at checkout, based on your status and location. By subscribing to the Services, you authorize our payment processors (Stripe or any other designated provider) to automatically charge the amounts due, including taxes, and update your payment methods as necessary.

7.2 AI Credits: Nature and Purchase

Using certain features (code generation, AI queries, deployments) consumes AI credits. These credits may be included in your subscription or purchased separately in packs.

Credits constitute a limited license to access the Services and do not represent monetary value, a deposit, a financial instrument or a transferable claim. They are prepaid, non-refundable, non-exchangeable for money and do not generate interest. Credits cannot be transferred to another account or user.

You may enable the auto-reload option to have your balance automatically replenished when it falls below a threshold you define. This option can be disabled at any time from your account.

7.3 Free and Promotional Credits

MEGAMOUNT may grant daily or promotional free credits based on your plan or as part of special offers. These free credits:

  • are granted at MEGAMOUNT's sole discretion and may be modified or withdrawn at any time;
  • expire according to the terms specified when granted (daily, monthly or otherwise);
  • do not accumulate from one period to another unless otherwise stated;
  • may be revoked immediately in case of fraudulent, abusive or non-compliant use.

7.4 Rollover and Expiration of Paid Credits

Unused paid credits during a billing cycle may be rolled over to subsequent cycles, within the following limits:

  • Monthly plans: rollover capped at one (1) times the monthly allocation. Any credits exceeding this cap are forfeited.
  • Annual plans: rollover capped at twelve (12) times the monthly allocation. Any credits exceeding this cap are forfeited.

Rolled-over credits are consumed first, before current cycle credits. In case of plan change, downgrade, cancellation or suspension, rolled-over credits may be forfeited as specified in Section 11.

7.5 Consumption Metering

Credit consumption is measured by our systems and those of our payment and billing providers. These measurements are authoritative and final, except in case of manifest and proven error. We do not guarantee absolute accuracy of measurement in case of third-party system failures.

7.6 No Refunds

Except where required by mandatory law (including consumer withdrawal rights under European or French regulations), no refunds will be granted for:

  • subscriptions cancelled mid-period;
  • unused, expired or forfeited credits;
  • credits lost following suspension or termination for violation of these Terms;
  • any dissatisfaction regarding the quality, relevance or results of the Services.

7bis. Index10 Cloud

7bis.1 Description of the Service

Index10 Cloud is an optional managed cloud hosting service that provides users with a complete backend (PostgreSQL database, authentication, file storage, edge functions and realtime) for applications generated through Index 10.

Index10 Cloud is provisioned and operated on the infrastructure of a third-party Backend Provider (currently Supabase, Inc., via the Supabase for Platforms programme). MEGAMOUNT acts as a technical intermediary and does not directly provide the backend infrastructure. The performance, availability and security of the underlying backend are subject to the Backend Provider's terms.

7bis.2 Cloud Credits

Consumption of Index10 Cloud resources is measured and billed via Cloud Credits, distinct from AI Credits described in Section 7.2. Cloud Credits operate under the same principles as AI Credits (prepayment, non-refundability, non-exchangeability, non-transferability), except as specifically provided below.

Cloud Credits are consumed as you use the service. They do not constitute a deposit, stored value or financial instrument. They represent only a limited licence to access Index10 Cloud resources.

7bis.3 Free Cloud Credits

MEGAMOUNT may grant free monthly Cloud Credits to each workspace. These free credits:

  • are a promotional initiative by MEGAMOUNT, which reserves the right, at its sole discretion, to adjust the amount, reduce the duration, suspend or discontinue eligibility without prior notice;
  • expire at the end of each monthly cycle (the 1st of the month at 00:00 UTC) and do not roll over;
  • create no obligation on MEGAMOUNT to continue the offer over time;
  • may be revoked immediately in case of fraudulent, abusive or non-compliant use.

7bis.4 Top-up and Spending Caps

When the Cloud Credits balance falls below a user-defined threshold, an automatic top-up may be triggered via the registered payment method. The user may set a monthly top-up cap to control spending. This cap is a cost-control tool, not a guarantee against overspending in case of technical failure.

7bis.5 Suspension of Cloud Resources

When a workspace's Cloud Credits balance (free and paid) is exhausted, the backend components of applications hosted on Index10 Cloud (database, authentication, storage, API) may be suspended until credits are added or free credits reset at the start of the following month.

The frontend (user interface) of deployed applications is not affected by this suspension and continues to function normally. Only features relying on the Cloud backend will be temporarily unavailable.

No data is deleted during a suspension due to credit exhaustion. Data is retained for a reasonable period (minimum 30 days) to allow the user to top up their balance.

7bis.6 Inactivity and Hibernation

Standard Cloud instances are designed to hibernate automatically after a period of inactivity and reactivate upon the next interaction. This behaviour is normal and does not affect stored data. A startup delay of a few seconds may occur upon reactivation.

The Backend Provider may pause projects that remain inactive for an extended period. Reactivation can be performed by the user from their workspace.

7bis.7 Instances and Upgrades

By default, Index10 Cloud projects are provisioned on a standard instance (auto-hibernation, usage-based billing). Users may upgrade to a larger instance for increased performance and always-on availability, at a higher monthly cost.

7bis.8 Project Transfer (Claim)

Users may request the transfer of their Index10 Cloud project to their own account with the Backend Provider, subject to the following conditions:

  • all outstanding payments are up to date;
  • the user has an active account with the Backend Provider with a sufficient plan;
  • the user accepts that the transfer is final and that MEGAMOUNT does not guarantee service continuity after the transfer.

The transfer is final. MEGAMOUNT provides no management, billing or security for the project after the transfer. The user assumes full responsibility for their project directly with the Backend Provider.

7bis.9 Data and Ownership

The user retains ownership of all source code, database schemas, files and content stored via Index10 Cloud. The Cloud infrastructure is operated by MEGAMOUNT as a technical intermediary and remains under MEGAMOUNT's management until any transfer (claim).

7bis.10 Specific Liability Limitation for Index10 Cloud

In addition to Section 12, MEGAMOUNT specifically disclaims any liability for:

  • outages, failures, performance degradation or unavailability caused by the Backend Provider;
  • data loss resulting from Backend Provider failures or suspension due to credit exhaustion;
  • pricing, terms or feature changes imposed by the Backend Provider;
  • startup delays of auto-hibernating instances.

Use of Index10 Cloud involves data processing by the Backend Provider, which may collect and use technical data under its own terms and conditions. Users are encouraged to review the Backend Provider's terms, identified in our Privacy Policy.

7bis.11 Cloud Pricing Changes

MEGAMOUNT reserves the right to modify Index10 Cloud pricing and Credit consumption rules at any time. Significant changes (price increases, removal of free credits) will be communicated with at least thirty (30) days' prior notice. Your continued use of the Services after the notice period constitutes acceptance of the new pricing. If you do not accept the new pricing, you may either stop using Index10 Cloud or cancel your subscription in accordance with Section 11, before the changes take effect. In either case, you have the notice period to export your source code via the export feature or request project transfer in accordance with Section 7bis.8.

7bis.12 Consumption Records

Consumption and billing records established by MEGAMOUNT constitute the contractual reference between the parties, absent manifest error. The user acknowledges that consumption calculations rely on data transmitted by third-party providers and accepts any variations inherent to this measurement method.

7bis.13 Restrictions on Hosted Data

Index10 Cloud is intended for hosting general-purpose web applications. It is prohibited to store data subject to specific sectoral regulations, including but not limited to: protected health information, bank account or payment card numbers, government-issued identifiers, or biometric data. The user bears sole responsibility for ensuring regulatory compliance with respect to any data they host.

8. Ownership of Generated Content

You own the code, designs and data generated through Index 10. MEGAMOUNT retains ownership of the platform, its underlying technology and all pre-existing intellectual property.

MEGAMOUNT claims no intellectual-property rights over Generated Output produced for the Client.

The Client acknowledges that AI-generated content is not necessarily unique. Other users providing similar instructions may receive comparable or identical outputs; this does not constitute an infringement of the Client's rights.

You grant MEGAMOUNT a non-exclusive, worldwide, royalty-free licence, sublicensable solely to technical subprocessors required to provide the Services, to host, process, display and reproduce your projects, strictly to the extent necessary to provide, maintain and improve the Services. This licence is granted for the duration of the agreement and terminates upon deletion of your account or the relevant projects. This licence does not authorise MEGAMOUNT to use the content of user projects to train third-party artificial intelligence models.

MEGAMOUNT grants you a personal, non-exclusive, non-transferable and revocable licence to access and use the Services in accordance with these Terms. This licence covers the use of the platform, including the creation, deployment and operation of applications intended for third parties. Any use contrary to these Terms automatically terminates this licence.

Restrictions:

  • You may not resell, lease or sublicence the Services without written consent
  • You may not reverse-engineer or attempt to access the underlying models
  • You may not circumvent security, billing or usage-limitation mechanisms
  • You may not automate access (bots, scrapers, etc.) without written authorisation
  • You may not use AI Content to train competing solutions without MEGAMOUNT's consent

By submitting suggestions, ideas, feature requests or other feedback ("Feedback"), you assign to MEGAMOUNT all intellectual-property rights therein. Feedback is not considered Customer Data. MEGAMOUNT is under no obligation to use, implement or compensate any Feedback received. Where such assignment is unenforceable under applicable law, you grant MEGAMOUNT an exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use and exploit such Feedback without restriction.

9. Data Protection

Index 10 processes personal data in accordance with its Privacy Policy and its Data Processing Agreement (DPA). This DPA applies to all users of the Services, whether they use a free or paid plan. We act as a processor for project data stored in your generated applications and as a controller for account and billing data.

You remain solely responsible for determining the purposes and lawful basis for processing any data you ingest or generate through the platform. You undertake to obtain the necessary consents, provide all required notices to your end users and document the written instructions supplied to MEGAMOUNT.

For the avoidance of doubt: with respect to end users of applications generated using the Services, the Client acts as the sole data controller. MEGAMOUNT does not determine the purposes or means of such processing.

You must not use Index 10 to host or process sensitive or highly regulated categories of data, including:

  • Health information, biometric or genetic data, data relating to minors
  • Payment card details, regulated financial data (PCI-DSS, full IBAN or bank credentials)
  • Information protected by professional secrecy (attorney–client privilege, notaries, chartered accountants, etc.)
  • Defense secrets, classified information or state confidential material

MEGAMOUNT may suspend or delete, without prior notice, any content that breaches these restrictions and disclaims liability for violations arising from prohibited use.

10. Service Availability

We aim for high availability but the service may be unavailable for maintenance or events beyond our control. Unless a separate written SLA applies, no uptime commitment is guaranteed. You must maintain your own business continuity measures (backups, redundancy, contingency plans) to limit the impact of outages.

We may suspend access temporarily for security reasons, emergency maintenance or to comply with legal obligations. In such cases we will communicate through our usual channels and use reasonable efforts to restore the service promptly.

Certain capabilities depend on third-party providers (hosting, databases, APIs, AI models). Failures originating from those providers may degrade the service and MEGAMOUNT is not liable for the resulting damages.

Any backups we perform are solely for the continuity of the platform and do not constitute a guaranteed restoration service. You remain fully responsible for safeguarding the content you host through Index 10.

Subdomains or URLs provided by Index 10 remain the property of MEGAMOUNT. We may reassign, suspend or remove them at any time (including in cases of inactivity, legal risk or abuse) without compensation. For any critical project, use a custom domain under your own control.

11. Suspension and Termination

MEGAMOUNT may suspend or terminate your access to the Services if we have reasonable grounds to believe that you have breached these Terms, in case of non-payment, or if we reasonably believe that your use exposes the platform or other users to risk.

MEGAMOUNT also reserves the right to suspend or terminate your access to the Services, in whole or in part, for strategic, economic, technical, regulatory or risk management reasons, subject to reasonable prior notice, except in cases of urgency or legal obligation. Such termination shall not entitle you to any indemnity, refund or compensation, subject to mandatory provisions of applicable law.

In the event of termination of your account, you can request an export of your project data within 30 days. After this period, data may be permanently deleted without further notice.

Upon termination, applications hosted on Index10 Cloud (backend, database, authentication, storage) will be deactivated on the effective termination date. You have the 30-day export period to retrieve your source code via the export feature or request project transfer in accordance with Section 7bis.8.

MEGAMOUNT may also discontinue the Index 10 service entirely for strategic, economic or regulatory reasons. When doing so we will provide reasonable notice through our usual channels so that customers can export their projects before the announced shutdown date.

After that date your access may be disabled without further obligation. It is your sole responsibility to safeguard and export your data prior to the termination; MEGAMOUNT incurs no additional liability once the shutdown is effective.

Any export made available excludes system logs, internal metadata, security information or other technical data owned exclusively by MEGAMOUNT.

The Client acknowledges that it is their responsibility to anticipate and manage any operational or economic dependence on the Services, and that MEGAMOUNT shall not be held liable for the consequences of such dependence.

Credit Forfeiture upon Termination

In the event of termination or suspension of your access to the Services, for any reason whatsoever (breach of these Terms, voluntary cancellation, termination by MEGAMOUNT, plan change, downgrade or temporary suspension):

  • All unused credits (free, promotional and paid, including rolled-over credits) expire on the effective date of termination or suspension;
  • No refund is due, except where required by applicable mandatory law;
  • Fees owed through the termination date remain payable.

Commercial discretion: At our sole discretion and without any contractual obligation, we may, in certain cases (particularly in case of voluntary cancellation without breach), allow the use of paid credits until the end of the current billing period. This possibility constitutes a commercial gesture that creates no vested right and cannot be invoked contractually.

Effect of Termination

Termination of your account or these Terms immediately ends your right to access the Services. However, the following provisions continue to apply after termination:

  • Intellectual property rights (Section 8)
  • Payment obligations and fees incurred up to the date of termination
  • Confidentiality and data protection clauses (Section 9)
  • Warranty disclaimers and exclusions (Sections 12.1 to 12.5)
  • Limitations of liability (Section 12.6)
  • Secrets management (Section 12.7), responsibility for generated applications (Section 12.8) and Client obligations (Section 12.9)
  • Indemnification obligations (Section 12bis)
  • Governing law and jurisdiction provisions (Section 14)
  • Arbitration, dispute resolution and class action waiver (Section 15)
  • Infringement notification procedure (Section 17)
  • Confidentiality obligations (Section 16.2), for three (3) years after termination
  • Export control and sanctions representations and warranties (Section 16.3)
  • Independence of the parties and no third-party beneficiary (Section 16.9)
  • Entire agreement (Section 16.10)
  • Any other provisions that by their nature should survive termination

You remain responsible for all amounts due and all obligations incurred before the effective date of termination.

12. Warranties and Liability

12.1 No Warranties

To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", without warranty of any kind, express or implied.

MEGAMOUNT does not warrant that:

  • the Services will be uninterrupted, error-free or available at all times;
  • the Services will meet the Client's specific needs, constraints or objectives;
  • generated content, code, configurations, exports or AI Content will be accurate, complete, secure, compliant or usable without prior validation;
  • generated code will be free from errors, vulnerabilities or compliant with all sector-specific regulations;
  • the Services will be suitable for production use, commercial deployment or compliant with legal, regulatory or contractual requirements specific to any sector (finance, healthcare, consumer protection, etc.);
  • use of the Services will achieve any particular result.

No implied warranty of merchantability, fitness for a particular purpose, non-infringement or compliance is given. The Client is solely responsible for all testing, validation and compliance checks required before any deployment or production use.

12.2 Security

MEGAMOUNT implements reasonable technical and organisational measures consistent with industry standards to protect the Services.

However, the Client acknowledges that no information system is entirely free from vulnerabilities and that MEGAMOUNT does not guarantee absolute security or a complete absence of flaws, intrusions or incidents.

12.3 Downloads, Exports and Execution

Any file, source code, dependency, template, export, configuration or content obtained through the Services, including AI Content, is provided under the Client's sole responsibility.

The Client is solely responsible for the use, execution, integration, deployment and operation of such elements, as well as for any consequences that may result, including any data loss, unavailability, malfunction, security breach or damage affecting their systems, equipment, environments or infrastructure.

12.4 No Warranty Created by Communications

No advice, information, exchange, assistance or communication, whether oral or written, including via support, documentation, messages, demonstrations, recommendations or content accessible through the Services, shall constitute or create any warranty, contractual commitment or obligation of result not expressly provided for in these Terms or in a specific written agreement signed by MEGAMOUNT.

12.5 Use at Your Own Risk

The Client acknowledges using the Services, AI Content, exports, deployments and any information provided through the platform at their own risk and under their sole responsibility.

12.6 Limitation of Liability

To the maximum extent permitted by applicable law, the liability of MEGAMOUNT, its officers, employees, partners, suppliers and service providers, for any damage arising from or related to the use of the Services, shall in no event exceed the total amount actually paid by the Client during the 12 months preceding the event giving rise to liability.

To the maximum extent permitted by applicable law, in no event shall MEGAMOUNT be liable for any indirect, consequential, incidental, special, exemplary or punitive damages, including but not limited to:

  • loss of profits, revenue, turnover, anticipated savings or business opportunities;
  • loss of data, information or files;
  • business interruption, loss of use or operations;
  • damage to reputation, image, goodwill or brand;
  • costs of replacement, substitution or compliance;
  • damages resulting from unauthorised access, hacking, intrusion, malicious alteration or any fraudulent use by third parties;
  • any moral harm or infringement of personality rights,

even if MEGAMOUNT has been advised of the possibility of such damages and regardless of the legal basis invoked (contractual, tortious, warranty, strict liability or otherwise).

To the maximum extent permitted by applicable law, the Client expressly and irrevocably waives any claim, demand for indemnification, refund or financial compensation beyond the limits expressly set out in these Terms. The only remedies and reparations available are those expressly and in writing set out in these Terms or in a separate agreement signed by MEGAMOUNT.

These limitations of liability apply to the fullest extent permitted by applicable law, including in cases of negligence (excluding gross negligence or wilful misconduct), breach of contract or any other cause of action, and remain applicable even if a limited remedy fails of its essential purpose.

In all events, MEGAMOUNT's total liability to the Client, for all causes of action and under all theories of liability, shall not exceed the total amount paid by the Client to MEGAMOUNT during the twelve (12) months preceding the event giving rise to the claim. Certain liability limitations may not apply if prohibited by applicable law.

You agree to take reasonable steps to mitigate damages following an incident and to indemnify MEGAMOUNT from third-party claims, including those from end users of the Client's applications, the Client's customers, partners and any authority, arising from content, applications or activities you generate or host through the platform, including excessive, abusive or unauthorised use of Index10 Cloud resources.

The Services may include open-source components, third-party SDKs or AI models operated by our providers. You are solely responsible for reviewing and complying with the licences attached to any generated output (including open source libraries referenced in the code) and for implementing your own compliance, security and quality controls.

MEGAMOUNT does not continuously monitor AI-generated responses or external services. You must ensure systematic human review, document your validations and deploy compensating controls (testing, security scanning, regulatory assessments) whenever required.

Third-party providers may modify or discontinue their services without notice. MEGAMOUNT is not liable for outages, data loss, errors or licence breaches attributable to those external providers.

MEGAMOUNT does not warrant the security of applications or services operated by the Client's end users. The Client is solely responsible for implementing appropriate security measures for applications deployed to third parties.

The Client is solely responsible for regularly backing up Customer Data. MEGAMOUNT is not liable for any loss or corruption of data attributable to the Client's failure, negligence or omission.

The availability, integration or mention of third-party services, content or products through the Services does not constitute a recommendation, endorsement or approval by MEGAMOUNT.

MEGAMOUNT is not liable for delays, failures or interruptions related to hosting, storage or data transmission over the Internet.

12.7 Secrets Management

The Client undertakes never to include API keys, passwords, secrets or sensitive information in prompts, messages, text fields, configuration files, source code, frontend code or any content that may be publicly accessible or stored in plain text.

Where the platform provides dedicated mechanisms for managing sensitive variables, these are offered as an ancillary technical feature, without any warranty as to their suitability for any particular use or specific security level.

The Client remains solely responsible for the selection, use, configuration, rotation, revocation and confidentiality of their secrets, as well as for the consequences of any disclosure, compromise or misuse.

Technical logs and telemetry collected for security and observability are stored within the European Union and retained for up to 90 days unless a longer period is legally required. Any security incident must be reported immediately to security@index10.com.

12.8 Responsibility for Generated Applications

You are solely responsible for the security, testing, validation and regulatory compliance of applications generated by Index 10.

MEGAMOUNT does not guarantee the absence of vulnerabilities, bugs, performance issues or non-compliance with specific regulations (GDPR, PCI-DSS, accessibility, etc.) in AI-generated code. The Client acknowledges that AI-generated outputs may contain errors, vulnerabilities, or incomplete logic, and must be reviewed and validated prior to any use in production.

MEGAMOUNT does not audit, review or validate the security, compliance or correctness of applications generated or deployed using the Services, unless expressly agreed in writing. You must implement your own security testing, code review, penetration testing and quality assurance processes before deploying any generated application to production.

The Services do not constitute legal, security, compliance or professional advice, and should not be relied upon as such.

Any security controls, scans or alerts implemented by MEGAMOUNT serve an exclusively technical purpose and do not constitute any validation, approval or warranty regarding the content, compliance or final security of the Client's applications.

12.9 Client Obligations and Responsibility

Without prejudice to the specific obligations set out elsewhere in these Terms, the Client is solely responsible, on a general and non-exhaustive basis, for:

  • the legality of all content, data, files, media, functionality, processing and configurations created, imported, displayed, stored, published, transmitted or operated by the Client, its users or its generated applications through the Services. The Client represents and warrants that such content does not violate any law, regulation or third-party right;
  • the Client's Internet connection, devices, browsers and any access means required to use the Services, as well as any third-party accounts, services or integrations the Client chooses to incorporate into its generated applications;
  • the security, testing, validation, auditing and compliance of any application, code, database or configuration generated or deployed through the Services, in accordance with Section 12.8;
  • compliance with all laws, regulations, industry standards, contractual obligations or licensing requirements (including open-source licences) applicable to the Client's business, sector, jurisdiction and use of the Services and generated content;
  • data protection: the Client acts as the sole data controller within the meaning of the GDPR for all personal data collected, stored or processed by its generated applications. The Client must implement appropriate technical and organisational measures, provide required legal notices to end users and fulfil all data protection obligations, in accordance with Section 9 and the Data Processing Agreement (DPA);
  • the acts and omissions of its users, collaborators, subcontractors and any person accessing the Services through the Client's account or workspace;
  • any claim, demand or action by end users of the Client's applications, customers, partners, authorities or any third party;
  • the confidentiality of credentials, passwords, API keys and secrets, in accordance with Section 12.7;
  • regular and independent backup of Customer Data and the implementation of its own business continuity measures (redundancy, failover solutions) to mitigate the impact of any Service unavailability;
  • systematic human oversight of all AI-generated content and applications before any production deployment, and transparency towards end users regarding the use of artificial intelligence, in compliance with applicable regulations;
  • promptly reporting to MEGAMOUNT any vulnerability, security incident or abusive use observed on the Services, via security@index10.com or abuse@index10.com as appropriate.

The above list is provided for illustrative purposes and is in no way exhaustive. The Client assumes full responsibility for any use of the Services, whether direct or indirect, anticipated or not by these Terms. This section supplements the Responsible Use Policy, compliance with which constitutes a binding contractual obligation.

MEGAMOUNT acts as a technical intermediary and hosting provider within the meaning of applicable law (notably French Law No. 2004-575 of 21 June 2004 and Regulation (EU) 2022/2065 — DSA). As such, MEGAMOUNT is not subject to a general obligation to monitor hosted content.

12bis. Indemnification

Without prejudice to MEGAMOUNT's other rights under these Terms and applicable law, you agree to defend, indemnify and hold harmless MEGAMOUNT, its officers, directors, employees, agents and providers against any and all claims, actions, demands, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to:

  • your use of the Services, or use by your users or any third party acting on your behalf;
  • Customer Data, Input Data or Generated Output, including any allegation of infringement, privacy violation, defamation or breach of third-party intellectual property rights;
  • any breach of these Terms, the Responsible Use Policy or applicable law by you or your users;
  • any claim by end users of your applications or any third party relating to applications generated, hosted or deployed through the Services;
  • excessive, abusive or unauthorised use of Index10 Cloud resources.

You will notify MEGAMOUNT without undue delay of any claim covered by this section and cooperate fully in the defence. MEGAMOUNT reserves the right, at its own expense, to assume exclusive control of the defence of any claim subject to indemnification.

13. Changes to the Terms

We may update these Terms at any time to reflect legal, technical or business developments. Updates take effect upon publication on this page. You are responsible for reviewing the Terms periodically to stay informed of changes.

14. Governing Law and Jurisdiction

Before initiating litigation, each party agrees to provide written notice of the dispute and to engage in good-faith negotiations for at least thirty (30) days in an effort to resolve the matter amicably.

These Terms are governed by French law. Any dispute shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal after attempts at amicable resolution.

Unless otherwise required by mandatory law, any action or claim relating to the Services must be brought individually by the Client, without prejudice to any rights they may have under applicable law.

Consumers may refer to consumer mediation: mediation-conso.fr

15. Dispute Resolution, Arbitration and Class Action Waiver

If a dispute arises, the parties will first attempt in good faith to resolve it through the amicable notice process described in Section 14. Except where prohibited by applicable law, any dispute, controversy or claim that remains unresolved shall be finally settled by binding arbitration administered by the Centre de Médiation et d'Arbitrage de Paris (CMAP) under its rules in effect on the date of the request for arbitration. The arbitration shall take place in Paris, France, before a single arbitrator, in French, and the award may be enforced in any court of competent jurisdiction.

You may opt out of this arbitration clause by sending an email to legal@index10.com within thirty (30) days of the earlier of (i) your initial acceptance of these Terms or (ii) the effective date of this clause. Your opt-out notice must include your full name, workspace name, account email address and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms.

Arbitration proceedings must be conducted solely on an individual basis. You and MEGAMOUNT waive any right to participate in a class, collective, consolidated or representative proceeding. Mass arbitration filings (ten or more substantially similar demands filed by the same counsel or coordinated counsel) may, at MEGAMOUNT's election, be resolved through a special protocol consolidating threshold issues or be stayed pending individual resolution. If a court determines that the class action waiver is unenforceable for a particular claim, the arbitration agreement will not apply to that claim and it must be brought in the competent courts located in Paris, France.

Nothing in this section prevents either party from seeking interim or injunctive relief from a court of competent jurisdiction to protect confidential information, intellectual property rights or to preserve the status quo while arbitration is pending. Consumers located in the European Union retain any non-waivable rights to refer disputes to a competent consumer mediation body.

16. General Provisions

16.1 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control ("Force Majeure"), including but not limited to: denial-of-service attacks, cyberattacks, Internet or power outages, failures of third-party hosting or infrastructure services, natural disasters, fires, floods, earthquakes, epidemics or pandemics, strikes, shortages, riots, acts of war, terrorism, governmental or regulatory action, or any other force majeure event within the meaning of Article 1218 of the French Civil Code.

The affected party shall notify the other party as soon as practicable and take all reasonable steps to mitigate the effects of the event. If the Force Majeure event continues for more than ninety (90) days, either party may terminate the affected Services by written notice.

This clause does not relieve the Client of any payment obligations and does not affect the ordinary termination rights provided in Section 11.

16.2 Confidentiality

Each party undertakes to treat as confidential all non-public information disclosed by the other party in connection with these Terms ("Confidential Information"), including technical, commercial, financial and strategic data, API keys, database schemas, unpublished source code, non-public pricing and any information identified as confidential.

Information shall not be considered Confidential Information if it: (a) is or becomes public through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) was lawfully obtained from a third party without restriction; or (d) was independently developed by the receiving party.

Confidential Information shall only be disclosed to personnel or service providers with a legitimate need to know, bound by confidentiality obligations at least as protective as these Terms. The confidentiality obligation survives for three (3) years after termination of the contract. Upon request, the receiving party shall return or destroy the Confidential Information within a reasonable timeframe.

Disclosure is permitted where required by law, court order or competent authority, provided the disclosing party gives prior notice (unless legally prohibited) and limits disclosure to what is strictly necessary.

16.3 Export Controls and Sanctions

The Services may be subject to French, European and US export control laws and regulations, as well as international sanctions regimes (EU regulations, OFAC, UN consolidated sanctions lists).

You represent and warrant that: (a) you are not located in, and will not use the Services from, any country or territory subject to a comprehensive embargo; (b) you are not listed on any sanctions list (EU asset freeze lists, OFAC SDN List, UN consolidated sanctions lists); (c) you will not use the Services for the benefit of any sanctioned person, entity or country; and (d) you will comply with all export control laws applicable to your use of the Services.

Any breach of this clause shall constitute grounds for immediate termination without notice.

16.4 Customer Reference

During the Subscription Term, you authorise MEGAMOUNT to reference your name and logo as a customer on MEGAMOUNT's website, marketing materials and public communications.

Publication of additional content relating to your use of the Services (case studies, detailed testimonials, etc.) requires your prior written consent, which shall not be unreasonably withheld. You may withdraw this authorisation at any time by written notice to info@index10.com.

16.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.6 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.7 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. MEGAMOUNT may assign these Terms at any time to an affiliate or acquirer without further formality.

16.8 Beta Services

Features identified as beta, pre-release or experimental are provided "as is", may be modified or withdrawn without notice and may be subject to specific terms.

16.9 Independence of the Parties; No Third-Party Beneficiary

These Terms do not create any partnership, franchise, joint venture, agency, employment or subordination relationship between MEGAMOUNT and the Client. Each party acts as an independent contractor.

No third party — including users of generated applications and the Client's end customers — acquires any rights under these Terms.

16.10 Entire Agreement

These Terms, together with all policies, agreements and conditions published on index10.com and incorporated by reference, constitute the entire agreement between the parties and supersede all prior commitments, communications, proposals or agreements, whether oral or written, relating to the same subject matter.

17. Infringement Notices

Notices alleging intellectual property infringement must be sent to abuse@index10.com and include the following information:

  • Your full name, contact details and, where applicable, the entity on whose behalf you act
  • Identification of the work or right claimed to have been infringed, together with supporting documentation
  • The URL or detailed description of the allegedly infringing content hosted on Index 10
  • A statement made under penalty of perjury that the disputed use is not authorised by the rights holder, its agent or the law
  • A statement confirming that the information provided is accurate and that you are authorised to act on behalf of the rights holder
  • Your physical or electronic signature

Counter-Notification

If you believe your content was removed or disabled in error following an infringement notice, you may submit a counter-notification to abuse@index10.com including:

  • Your full name and contact details
  • Identification of the content that was removed or disabled and its location on the platform before removal
  • A statement under penalty of perjury that you have a good-faith belief the content was removed or disabled as a result of mistake or misidentification
  • Your consent to the jurisdiction of the Paris Judicial Court for any dispute relating to this counter-notification
  • Your physical or electronic signature

Upon receipt of a valid counter-notification, MEGAMOUNT will forward a copy to the original complainant and may reinstate the content within a reasonable timeframe, unless the complainant initiates legal proceedings.

Repeat Infringer Policy

MEGAMOUNT maintains a repeat infringer policy. Accounts that are the subject of repeated and substantiated infringement notices may be temporarily or permanently suspended at MEGAMOUNT's sole discretion.

18. Contact

Questions about these Terms can be sent to:

Email: info@index10.com
Address: MEGAMOUNT, 30 BOULEVARD DE SEBASTOPOL, 75004 PARIS, France