ATAKO

Terms of Use and Sale

Version 1 — effective September 24, 2026

Preamble. Atako is a service intended for professionals, published by AIYBIZ. Atako makes available images of artificial intelligence agents, which it instantiates in virtual machines. The Customer alone defines the role, instructions, permissions and uses of its Agents, and is responsible for them. Atako is responsible for the Platform it provides, not for the use made of it by means of the Agents.

Article 1 — Purpose, Publisher and Definitions

1.1 These Terms govern access to and use of the Atako platform, accessible at atako.ai. The platform is published by AIYBIZ, a simplified joint-stock company (société par actions simplifiée) with share capital of €100, registered with the Paris Trade and Companies Register under number 105 452 585, whose registered office is located at 47 rue Vivienne, 75002 Paris, France, and which operates it under the trade name Atako ("Atako"). Chairman (Président): Charlie Debuyser; Chief Executive Officer (Directeur général): Romain Laodicina-Levy.

1.2 The Service is intended for professionals. It is not offered to consumers and may not be subscribed to for personal use.

1.3 Definitions:

  • Agent: a persistent software entity that Atako instantiates from an Image in a dedicated virtual machine, whose role, instructions and permissions are defined by the Customer, and which operates by means of a Harness and a Model.
  • Image: an agent template prepared, tested and maintained by Atako, which incorporates a Harness.
  • Active Agent: an Agent that has been created and not archived. An Agent is either active or archived; it cannot be paused.
  • Archived Agent: an Agent whose execution has been stopped and which consumes no License.
  • License: a right of use conferring entitlement to one (1) Active Agent during the Subscription Period.
  • Harness: the open source runtime software on which an Agent operates: Hermes Agent, OpenClaw, OpenCode or any equivalent software notified by Atako.
  • Model: an artificial intelligence model provided by a third party, which an Agent accesses through Atako Inference or through a Customer Key.
  • Atako Inference: access to Models provided by Atako and paid for by means of Credits.
  • Credits: prepaid units purchased on the Platform in order to consume Atako Inference.
  • Customer Key: an API key that the Customer obtains from the Model provider of its choice and registers on the Platform.
  • Platform or Service: the Atako platform (application, Human Notices, projects, company context layer, Images, instantiation and technical operation of Agents), in its cloud or on-premise version, excluding Open Source Components, Models and Third-Party Services.
  • Customer: a legal entity, or a natural person acting in the course of their professional activity, that has subscribed to the Service.
  • User: a person authorized by the Customer to access the Platform, under the Customer's responsibility.
  • Customer Data: the data, content, instructions, files, access credentials, memories, acquired skills and Outputs processed by the Platform or the Agents on behalf of the Customer, including the company context layer.
  • Outputs: the content produced and actions performed by an Agent.
  • Human Notice: a request sent by an Agent to a User to obtain information, an approval or a decision.
  • Third-Party Services: tools not provided by Atako to which the Customer connects an Agent.
  • Technical Secrets: the items defined in Article 7.6.
  • Trial Period: the period defined in Article 5.1.
  • Subscription Period: the monthly, semi-annual (six months) or annual period chosen by the Customer upon subscription.

Article 2 — Contractual Documents

2.1 Acceptance of these Terms upon registration forms the contract between the parties. No other contractual document is drawn up, except for special terms signed between the parties.

2.2 Where such documents exist, the order of precedence, from highest to lowest, is as follows: (i) the signed special terms; (ii) the purchase order; (iii) the data processing agreement annexed to these Terms; (iv) these Terms; (v) the Service documentation.

2.3 The Customer's general purchasing conditions apply only if Atako has accepted them in writing.

2.4 Atako retains the version of these Terms accepted by the Customer as well as the date of such acceptance.

Article 3 — Registration, Eligibility and Account

3.1 The Customer accepts these Terms by checking the box provided upon registration.

3.2 The Customer is a legal entity or a natural person of legal age acting in the course of their professional activity. By registering, the Customer warrants that it is acting for that purpose.

3.3 Registration requires accurate and complete information. The Customer shall keep its login credentials confidential and is responsible for all actions performed from its account. Any suspicious use must be reported without delay to support@atako.ai.

3.4 The Customer appoints one or more administrators and is responsible for its Users' compliance with these Terms.

Article 4 — Description of the Service: Three Distinct Layers

4.1 The Atako Platform. Atako develops and operates the Platform: provision of Images, instantiation of Agents in dedicated virtual machines, technical operation and maintenance, Human Notices, projects, company context layer. The Customer alone defines the role, instructions, permissions and access rights of each of its Agents. Atako exercises no control over these configurations, does not approve them and does not act as a safeguard.

4.2 The Harnesses. Each Agent runs on an open source Harness that Atako did not develop. Atako selects, integrates, isolates and updates these Harnesses. It may change the version of a Harness or replace it with equivalent software, without reducing the essential features of the Service.

4.3 The Models. Agents access Models in two ways, at the Customer's choice: (i) through Atako Inference, paid for by means of Credits; (ii) through a Customer Key, in which case the Customer contracts directly with the Model provider, pays the price thereof and complies with its terms. In both cases, the terms of the provider of each Model are accessible via a link displayed in the Platform at the time the Model is chosen; the Customer reviews them before selecting a Model. Atako never uses Customer Data to train a model; Model providers, for their part, process the data transmitted to them in accordance with their own terms, which may permit the use of such data for training purposes. Models may produce inaccurate, incomplete or unsuitable Outputs.

4.4 Third-Party Services. An Agent connects to a Third-Party Service only with the Customer's authorization, given for each connection. The terms of those services govern their use.

4.5 On-premise version. Offered on a quotation basis by Atako's sales team, it is subject to special terms. The Customer is responsible for hosting it and for the security of the infrastructure; Atako provides the software, its updates and the agreed support.

4.6 Availability and changes. The Platform is accessible on a continuous basis, subject to maintenance operations and events beyond Atako's control. Atako may change the Service and shall inform the Customer, with reasonable prior notice, of any change that reduces an essential feature.

Article 5 — Trial Period, Licenses and Active Agents

5.1 Trial Period. Registration opens a free Trial Period of no more than fourteen (14) days, running from registration. At the end of this period, if no License has been subscribed to, the Agents become inaccessible for a further fourteen (14) days. During these fourteen days, they can be reactivated by purchasing a License. On the twenty-eighth (28th) day following registration, i.e., fourteen days after the end of the Trial Period, the Agents and their data are permanently deleted.

5.2 Each License confers entitlement to one Active Agent. The number of Active Agents may not exceed the number of Licenses subscribed to.

5.3 To create an Agent beyond this number, the Customer may either subscribe to an additional License, available immediately and invoiced pro rata for the remainder of the Subscription Period, or archive or delete an Active Agent.

5.4 Archiving. Archiving an Agent stops its execution and immediately releases its License. The Archived Agent's data is retained so that the Customer can retrieve it at any time; the Agent can be reactivated as soon as a License is available.

5.5 Deletion and erasure. Deleting an Agent removes it from the Platform and destroys its virtual machine. The associated data is retained in archive for the benefit of the Customer, who may export it upon request. Upon the Customer's request for erasure, such data is erased within thirty (30) days, except where a legal retention obligation applies. Article 5.1 applies to Agents deleted at the end of the Trial Period.

5.6 Reduction in the number of Licenses. The Customer may reduce the number of its Licenses only after archiving or deleting the corresponding Agents. The reduction takes effect upon the next renewal.

5.7 Licenses are attached to the Customer and may not be assigned without Atako's written consent.

Article 6 — Prices, Credits, Invoicing and Payment

6.1 The prices of Licenses and Credits are displayed in the Platform, on the Billing page of the Customer's account. They are stated exclusive of taxes, with applicable taxes being added at the time of payment.

6.2 Licenses are subscribed to for a monthly, semi-annual or annual Subscription Period, chosen by the Customer. They are invoiced in advance for each Subscription Period and renewed automatically, unless terminated in accordance with Article 16. Additional Licenses are invoiced pro rata for the current Subscription Period.

6.3 Credits. Credits are purchased on the Platform and are payable upon order. They are debited as Atako Inference is used. They do not expire. They are non-refundable, except as otherwise required by mandatory law.

6.4 Payment. All payments are debited immediately and processed by Stripe; payment by bank transfer is not offered. Atako does not store complete payment card data. Invoices are issued through Stripe and made available in the Customer's account.

6.5 In the event of a rejected payment or non-payment, Atako may, after a notice that has remained without effect for seven (7) days, suspend access to the Service and then terminate the contract under the conditions of Article 16.2.

6.6 Atako may change its prices for the following Subscription Period, subject to thirty (30) days' prior notice. The Customer may terminate before the new prices take effect.

Article 7 — Intellectual Property

7.1 With the exception of the components referred to in Article 7 bis, all elements of the Platform — interface, design, code, Images, orchestration architecture, content, trademarks (including Atako), logos — are the exclusive property of AIYBIZ or its licensors and are protected by the French Intellectual Property Code.

7.2 Atako grants the Customer, for the term of the contract and within the limit of the Licenses subscribed to, a personal, non-exclusive, non-transferable and non-sublicensable right to use the Platform in accordance with these Terms.

7.3 Subject to Article 7 bis and to the rights granted by Article L.122-6-1 of the French Intellectual Property Code, the Customer shall not reproduce, modify, decompile or resell the Platform, circumvent the License count, or use the Platform to develop a competing service.

7.4 Customer Data and Outputs. The Customer retains all its rights in the Customer Data and the Outputs. It grants Atako only the right to host and process them in order to provide the Service. Atako acquires no other right in them. As the legal status of content generated by artificial intelligence is evolving, Atako does not warrant that the Outputs are protectable or free of third-party rights; the Customer shall verify them before any use.

7.5 Memories and acquired skills. The memories, skills and procedures that an Agent builds while working for the Customer are Customer Data. They are returned to the Customer in accordance with Article 16.

7.6 Technical Secrets. The system prompts, internal configuration parameters and orchestration architectures designed by Atako, as well as the credentials, API keys, authentication tokens and other technical secrets used by Atako or its suppliers to operate the Platform, constitute confidential information and trade secrets of AIYBIZ within the meaning of Article L.151-1 of the French Commercial Code. Items published by their authors under an open source license, in particular the code and default instructions of the Harnesses, are excluded. The Customer shall refrain from any attempt to access, extract, reconstruct or disclose the Technical Secrets.

7.7 Atako may freely use the Customer's suggestions and feedback to improve the Service.

7.8 Commercial reference. Atako mentions the Customer's name and logo in its communications only with the Customer's prior written consent, which may be revoked at any time.

Article 7 bis — Open Source Components

The Service incorporates third-party software distributed under open source licenses, including Hermes Agent (© Nous Research), OpenClaw (© OpenClaw Foundation) and OpenCode (© opencode), under the MIT License. These components remain the property of their authors and are governed by their respective licenses, which are provided upon request sent to support@atako.ai. No provision of these Terms restricts the rights conferred on the Customer by those licenses.

The copyright notices and license texts of these components and their dependencies are provided upon request and are included with any copy of the Platform delivered to the Customer, in particular in the on-premise version.

These licenses confer no rights in their authors' trademarks. The mention of these components does not imply any partnership with, or endorsement by, their authors.

The authors of these components are not parties to the contract. Atako remains responsible, under the conditions of these Terms, for the Platform it provides, including where the Platform incorporates these components.

Article 8 — Use of the Service and Customer Responsibility

8.1 The Customer alone determines the uses it makes of the Service and the Agents. It warrants that such uses comply with applicable laws and regulations, in particular Regulation (EU) 2024/1689 (AI Act), the GDPR and the rights of third parties. Atako exercises no control over these uses, grants no authorization for any use and is not responsible for them.

8.2 It is prohibited to use the Platform or the Agents to:

  • generate or disseminate content that is unlawful, hateful, defamatory or obscene, or that infringes the rights of third parties, in particular their privacy or their intellectual property rights;
  • circumvent the security mechanisms of the Platform or the safeguards of the Agents and the Models;
  • distribute malware, carry out intrusions, unauthorized penetration tests or denial-of-service attacks;
  • send unsolicited messages in breach of Article L.34-5 of the French Postal and Electronic Communications Code;
  • use the virtual machines for purposes unrelated to the operation of the Agents, in particular cryptocurrency mining;
  • implement a practice prohibited by Article 5 of the AI Act, in particular manipulation, exploitation of vulnerabilities, social scoring or emotion recognition in the workplace;
  • impersonate a third party;
  • attempt to extract or reconstruct Technical Secrets, or to cause the Agents to disclose them, in particular through prompt injection or conversational reverse engineering;
  • use, transfer or share outside the Platform any credential, API key or token belonging to Atako or its suppliers, including where it was obtained in the course of using the Service;
  • make automated, mass or abusive use of the Platform (scraping, requests intended to exhaust quotas, reverse engineering through the accumulation of responses).

8.3 High-risk uses. The Platform is a general-purpose tool with no predetermined purpose. A Customer that assigns an Agent to a use falling within Annex III of the AI Act — in particular recruitment, decisions relating to promotion or dismissal, task allocation, the evaluation or monitoring of workers, the granting of credit or insurance — alone assumes the obligations arising therefrom, including those incumbent upon the provider under Article 25 of the AI Act. The Customer shall indemnify Atako against any consequences of such uses.

8.4 Employee representatives. Where required by law, the Customer shall inform and consult its employee representative bodies before deploying Agents that affect working conditions (Article L.2312-8 of the French Labor Code). It shall inform its employees of any system that collects information about them (Article L.1222-4 of the same Code).

8.5 Good-faith reporting. The above prohibitions do not apply to any person who identifies a vulnerability in good faith and reports it without delay to support@atako.ai, without exploiting it beyond what is strictly necessary to demonstrate it, without deriving any benefit from it and without disclosing it before it has been remedied.

8.6 Reporting of illegal content. Any illegal content hosted on the Platform may be reported to dsa@atako.ai. Atako processes reports diligently. Where it removes content or restricts an Agent, it provides the Customer concerned with a statement of the reasons.

8.7 Logging. Atako may log technical events, including the attempts referred to in this Article, for security, fraud detection and compliance purposes, in accordance with its Privacy Policy.

8.8 In the event of a breach, Atako may suspend or terminate the access concerned under the conditions of Articles 16 and 17.

Article 9 — Extraction or Misappropriation of Technical Secrets

9.1 Where there are serious indications of extraction of Technical Secrets or misappropriation of keys, Atako may immediately suspend the access concerned for the duration of the investigation. It shall inform the Customer thereof without delay and shall restore access if the suspicions are not confirmed.

9.2 Atako invoices the Customer for the consumption generated by the use, outside the Platform, of any key, credential or token belonging to Atako or to its suppliers, whether such use is made by the Customer or by a third party that obtained them through the Customer. Such consumption is invoiced at the Credit price applicable to the Customer's account, increased by one hundred percent (100%) as a penalty clause.

9.3 The Customer shall indemnify Atako against any damage, cost or penalty resulting from such use, including penalties owed by Atako to its suppliers.

9.4 This Article does not apply to Customer Keys, over which the Customer retains control and responsibility.

Article 10 — Autonomous Agents: Configuration, Supervision and Attribution

10.1 The Customer defines the role, instructions, permissions, access rights and level of autonomy of each Agent. It itself defines, in those instructions, the actions it considers sensitive and those that must be subject to prior human approval. It is the Customer's responsibility to configure its Agents accordingly.

10.2 Human Notices. Human Notices are a collaboration feature intended to streamline exchanges between Agents and Users. They constitute neither a security mechanism nor a safeguard. Atako does not guarantee that any given action will be submitted for human approval.

10.3 Attribution. As between the parties, acts performed by an Agent by means of the access rights that the Customer has entrusted to it are attributable to the Customer, including where the Agent deviates from the instructions it has received.

10.4 The Customer shall grant each Agent only the access rights strictly necessary for its mission and shall protect the access secrets it entrusts to it.

10.5 The Customer shall verify the Outputs before basing on them any decision that produces legal or significant effects for a person. Such a decision may be based solely on automated processing only in the cases permitted by Article 22 of the GDPR.

10.6 Atako keeps a log of each Agent's actions, accessible to the Customer for twelve (12) months.

Article 11 — Artificial Intelligence: Roles and Transparency

11.1 Atako provides Images, which are general-purpose artificial intelligence systems with no predetermined purpose. The Customer, which determines the purpose of its Agents and their instructions, acts as deployer and, where it assigns an Agent to a high-risk use, as provider within the meaning of Article 25 of the AI Act.

11.2 It is the Customer's responsibility to inform persons interacting with its Agents that they are communicating with an artificial intelligence system, and to comply with the transparency obligations incumbent upon it, in particular the disclosure of generated content that it publishes.

11.3 Atako does not produce content and does not train any model. Machine-readable marking of synthetic content is the responsibility of the Model providers; Atako does not carry it out.

11.4 The Customer shall inform its Users and its employees of the use of the Agents.

Article 12 — Hosting and Location

12.1 Platform data. User accounts, Agent names, messages exchanged between Users and Agents or between Agents, session messages and settings are hosted in the European Union.

12.2 Agent virtual machines. Agents run in virtual machines provided by Microsoft Azure, Scaleway, Google Cloud Platform, OVHcloud or Cisco. Atako freely chooses the provider and the region of each virtual machine; that region is not guaranteed and may be located outside the European Union. The Customer is informed of this and accepts it. The resulting transfers of personal data are governed by the safeguards provided for in Chapter V of the GDPR, under the conditions of the processing agreement annexed to these Terms.

12.3 Jurisdiction and access by foreign authorities. Microsoft, Google and Cisco belong to groups whose parent company is established in the United States; their subsidiaries may be subject to U.S. laws allowing authorities to request access to data. Scaleway and OVH are French companies. Upon request, Atako informs the Customer of the jurisdiction to which the infrastructure used is subject and of the measures taken against unlawful international governmental access, in accordance with Article 28 of the Data Act. A Customer wishing to control the hosting of its Agents may subscribe to the on-premise offering through Atako's sales team.

Article 13 — Customer Data and Personal Data

13.1 Atako processes personal data as controller for the management of accounts, invoicing, customer relations and security, in accordance with its Privacy Policy. It processes personal data as processor in respect of Customer Data, in accordance with the processing agreement annexed to these Terms.

13.2 The Customer, as controller, warrants the lawfulness of the processing operations entrusted to its Agents, informs the data subjects and carries out an impact assessment where necessary.

13.3 Atako accesses Customer Data only to provide the Service, ensure its security or comply with a legal obligation. It does not sell Customer Data and does not use it to train models. Model providers process the data transmitted to them in accordance with their own terms, which are accessible in the Platform at the time the Model is chosen; where the Customer uses a Customer Key, that provider processes such data under its own contract with the Customer.

Article 14 — Security, Availability and Support

14.1 Atako implements the security measures of the Platform: isolation of each Agent in a dedicated virtual machine, encryption of data in transit and at rest, access control, logging of sensitive events and vulnerability management. The security of the uses, instructions and access rights entrusted to the Agents is the Customer's responsibility.

14.2 Atako targets a monthly availability of 99.5%, excluding scheduled maintenance. Service level commitments, if any, are set out in the special terms.

14.3 Atako notifies the Customer of any security incident affecting its data within the time limits set out in the processing agreement.

14.4 Upon request, Atako makes available to Customers subject to NIS 2 or the DORA Regulation an annex covering their specific requirements.

Article 15 — Liability

15.1 Atako provides the Platform with due care, in accordance with good industry practice, and is liable for direct damages caused by its failure to fulfill this obligation. It does not guarantee uninterrupted access.

15.2 Atako is not liable for the use of the Service, and in particular for: the instructions, configurations and permissions defined by the Customer; the acts performed by an Agent, including where it deviates from those instructions; the Outputs and the decisions made on the basis thereof; the content processed or produced by means of the Agents; uses contrary to Article 8; the Models, their providers and their terms; the Third-Party Services and any changes or interruptions decided by their publishers.

15.3 Except in the event of bodily injury, gross negligence or willful misconduct, Atako's total liability is limited to the amounts paid by the Customer during the twelve (12) months preceding the triggering event. Loss of profit, business interruption loss and reputational harm are excluded. Amounts owed by the Customer under Article 9 are not capped. The limitation period for any action is one year from the day on which the Customer became aware of the triggering event (Article 2254 of the French Civil Code).

15.4 The limitations set out in this Article apply to the extent permitted by law.

15.5 The Customer shall indemnify Atako against any third-party claim arising from the Customer Data, the content produced by its Agents, any use contrary to Article 8 or any Agent action referred to in Article 10.3.

Article 16 — Term, Termination and Reversibility

16.1 The contract is entered into for the Subscription Period chosen and is tacitly renewed for an identical period. The Customer may terminate at any time from its account area; termination takes effect at the end of the current Subscription Period, without any pro rata refund.

16.2 In the event of a serious breach not remedied within thirty (30) days of a formal notice, or of non-payment under the conditions of Article 6.5, either party may terminate the contract by written notice.

16.3 Switching providers. The Customer may at any time request to migrate to another provider or to its own infrastructure, or to terminate and have its data erased, subject to a notice period of no more than two months. A transition period of no more than thirty (30) days then begins, during which Atako assists the Customer and the third parties it authorizes, maintains the continuity and security of the Service, and informs the Customer of known risks. If this time frame is technically unfeasible, Atako shall give notice thereof within fourteen (14) business days, with a justification, and shall propose a period not exceeding seven months. The Customer may extend the transition period once.

16.4 Exportable data. The following are exportable, in a structured, commonly used and machine-readable format: the configuration of each Agent (role, instructions, permissions), its memories, its acquired skills, its files, the projects and the company context layer, as well as the action logs. The items referred to in Article 7.1 and the Technical Secrets are not exportable. The interfaces necessary for switching providers are provided free of charge.

16.5 At the end of the contract, the Customer has at least thirty (30) days to export its data. The data is then erased at the Customer's request within thirty (30) days, except where a legal retention obligation applies; absent such a request, the data is retained in archive so that the Customer may retrieve it, under the conditions of the Privacy Policy. A certificate of erasure is issued upon request.

16.6 No fees are charged for switching providers.

Article 17 — Suspension

17.1 Atako may suspend an Agent or an access, in a proportionate manner, in the event of a risk to the security of the Platform, a breach of Article 8, non-payment or an order from an authority.

17.2 Except in an emergency, Atako shall give the Customer prior notice. It shall inform the Customer of the reasons for the suspension and shall lift it as soon as its cause has ceased to exist. The suspended Agent's data is retained. In the event of a serious breach, Atako may terminate the contract without notice or refund.

Article 18 — Amendment of These Terms

18.1 Atako may amend these Terms. It shall notify the Customer of any amendment, by email or via the Platform, at least thirty (30) days before it takes effect. A Customer that refuses the amendment may terminate without charge before that date.

18.2 Amendments required by law or by an authority apply as of the required date.

Article 19 — Confidentiality

Each party shall keep the non-public information of the other party confidential during the term of the contract and for five years after its end. Technical Secrets remain confidential for as long as they retain that status.

Article 20 — Force Majeure

Neither party is liable for any failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than thirty (30) days, either party may terminate the contract.

Article 21 — Language, Governing Law and Disputes

21.1 These Terms are drafted in French. They may be translated; in the event of any discrepancy, only the French version shall be authoritative.

21.2 These Terms are governed by French law.

21.3 Between merchants, any dispute shall first be the subject of an attempt at amicable settlement for thirty (30) days; failing such settlement, it shall fall within the exclusive jurisdiction of the courts of Paris.

21.4 In all other cases, the dispute falls within the jurisdiction of the competent court under the ordinary rules of law.

Annex — Data Processing Agreement

This Annex applies where Atako processes personal data on behalf of the Customer, within the meaning of Article 28 of the GDPR. It prevails over these Terms in matters of data protection.

1. Description of the processing

Item Description
Subject matter Hosting and execution of the Customer's Agents, and Platform features
Duration Term of the contract, followed by return, archiving or erasure in accordance with Article 16.5
Nature Hosting, storage, execution of Agents, transmission to Model providers, logging, backup
Data Determined by the Customer: identification data, contact details, professional data, content of communications, documents, data from connected Third-Party Services
Data subjects Users, employees, customers, prospects and contacts of the Customer, and any person whose data is processed by the Agents

2. Atako's commitments. Atako: (a) processes the data on the documented instructions of the Customer and informs the Customer if an instruction appears to it to be unlawful; (b) subjects its personnel to a duty of confidentiality; (c) implements the security measures set out in Article 14.1; (d) gives at least thirty (30) days' prior notice of any new sub-processor, the Customer being entitled to object on reasonable grounds and, failing a solution, to terminate the service concerned without charge; (e) assists the Customer in responding to requests to exercise rights and in complying with its obligations relating to security, notification and impact assessments; (f) notifies any data breach without undue delay and no later than forty-eight (48) hours after becoming aware of it; (g) returns, archives or erases the data at the end of the contract in accordance with Article 16.5; (h) permits one audit per year, on thirty (30) days' notice, by an independent auditor bound by secrecy; (i) subjects transfers outside the European Union to the safeguards of Chapter V of the GDPR; (j) does not use the data for its own account or to train models.

3. Location and transfers. Platform data is hosted in the European Union. The virtual machines in which the Agents run may be located outside the European Union, Atako remaining free to choose the provider and the region; the corresponding transfers are covered by the European Commission's Standard Contractual Clauses or, where applicable, by an adequacy decision.

4. Authorized sub-processors

Sub-processor Service Location Transfer safeguards
Microsoft Ireland Operations Limited Virtual machines (Azure) European Union or outside the European Union, depending on the region selected Standard Contractual Clauses; Data Privacy Framework
Scaleway SAS Virtual machines France or other available region Standard Contractual Clauses in the event of transfer
Google Cloud EMEA Limited Website, Platform data and virtual machines European Union for Platform data; European Union or outside the European Union for virtual machines Standard Contractual Clauses; Data Privacy Framework
OVH SAS Virtual machines France or other available region Standard Contractual Clauses in the event of transfer
Cisco Systems International B.V. Virtual machines European Union or outside the European Union, depending on the region selected Standard Contractual Clauses; Data Privacy Framework
Model providers for Atako Inference Inference of the Models selected by the Customer As indicated by the provider in its terms, accessible in the Platform Standard Contractual Clauses or adequacy decision

5. Third parties chosen by the Customer. The Third-Party Services that the Customer connects to its Agents and the Model provider from which it has obtained a Customer Key are chosen and contracted by the Customer; they are not sub-processors of Atako, which transmits the data to them on the Customer's instructions.

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