Terms of Service Agreement

levv cloud is a service of zero.brussels SRL, BCE n°0785.572.811, with registered office 101, Avenue Paul Deschanel, 1030 Schaerbeek (Tél : +32 484 18 80 92 ; email : luis@levv.io), represented by Luis AKAKPO, administrator,

By using our product, the user agrees upon our terms and conditions.

1. Framework - Touchstone

Vision: bring lightness to the digital world

Data storage and processing (cloud services) are crucial to the functioning of today's world. Today, these digital resources are so accessible and ubiquitous that we are no longer aware of how precious and exceptional they are.

The current way of digital production and consumption is making the demand for cloud services ever greater, even though this implies massive exploitation in terms of both natural resources and energy. We observe a kind of perversion of a magnificent tool when its environmental and social impacts are totally invisible.

To make cloud services more virtuous, we offer a holistic solution made up of technical and social innovations. For example, data centers are designed to reuse server heat to produce hot water. Together, these innovations help to reduce the environmental footprint of cloud services and instill a more intentional and calmer dimension to the use of digital resources.

By renting cloud spaces configured in this way, users contribute to making the digital world more virtuous.

Through our business, we commit to honoring the following values:

2. Terms and Conditions

Billing and payment

Containers are billed by the hour with a minimum charge of one hour. The hourly price depends on the container size, the pricing is available on the product page.

Object Storage and Block Storage are billed based on the allocated capacity. The pricing is available on each product page.

Total usage is invoiced at the end of each month.

Backup

Customers are responsible for proper backup of their sensitive or critical data.

Intellectual Property

All software and data of the user remain their exclusive property.

Good Practice and Liability

Zero.brussels shall not be held accountable for any misuse of our servers by customers.

Nevertheless, we expect our customers to comply with all applicable laws (national or international) regarding:

• Anti-terrorism activities
• Safeguarding vulnerable customers
• Export control
• Prohibition of doing business with restricted persons or in certain business fields

Wrongdoing or failure to comply with such rules of conduct can justify immediate termination of the contract.

Data Management

Our services fall under the GDPR EU Regulation n°2016/679 issued by the European Parliament and the European Council on 27th April 2016. (Full text: GDPR Info)

Zero.brussels SRL, represented by Luis AKAKPO, is responsible for data protection and processing.

We do not share or access user data without authorization unless we show a legitimate interest.

User data shall be used to ensure our services are technically efficient and comply with legal requirements:

• We use Personal Data to comply with our legal obligations related to accounting, billing, and tax requirements.
• We use Personal Data to meet contractual and legal obligations related to anti-money laundering, Know-Your-Customer ("KYC") laws, anti-terrorism activities, safeguarding vulnerable customers, export control, and prohibition of doing business with restricted persons or in certain business fields, among other legal obligations.

Data is located in Brussels (Belgium), unless otherwise specified.

Termination

This agreement may be terminated at any time by deleting your account. Account deletion is only permitted when all outstanding bills and payments have been paid in full. Upon account deletion, you will no longer have access to the services provided, and all associated data may be permanently removed. In case of disagreement, the process described under Section 3 (Addressing Change and Engaging Disagreement) shall be followed.

Security

Zero.brussels takes all reasonable steps to protect from cyber threats. However, Zero.brussels cannot guarantee the removal of all malware and viruses, as some attacks are more complex than a simple scan.

Zero.brussels’ liability is limited to a best-effort obligation, not a result obligation.

3. Addressing Change & Engaging Disagreement

We acknowledge that unexpected situations and disagreements may arise. If so, both parties commit to avoiding adversarial proceedings and collaborating to cocreate whatever transformation will best serve the needs of all.

Informal Conversation

Accordingly, if we find ourselves in disagreement, we each commit to dedicating our efforts towards bringing ourselves back into agreement as quickly as possible by talking together (in person or by videoconference) honestly, openly, in good faith, and with a commitment to finding a way forward that accords with and is in service of the Touchstone we’ve stated above.

The party who feels the need to call an informal conversation for this purpose will begin by providing to the other party a brief statement of the event/action/inaction that has triggered the request for the conversation, a statement of whether (and why) the event/action/inaction appears to be out of alignment with our Touchstone or other terms of this Terms of Service Agreement, and suggest a time for the conversation.

We’ll open any such conversation by first reading the following reminder

The Touchstone statement is meant to serve as a reference point to orient and focus our conversations in support of creative, productive, and collaborative problem solving should we find ourselves in disagreement during our relationship and work together.

We will then reread together the Touchstone (section 1).

We will focus our dialogue on brainstorming ways to bring ourselves and our actions back into alignment with the stated Touchstone that work for both of us, beginning by asking ourselves the following questions:

We will focus on solutions by asking:

1. What do we most appreciate about the work we have done together so far?
2. Are there outside influences (like money?) affecting how we are working together?
3. Does each of us feel we are getting what we anticipated? Is there something that is no longer working for one or both of us?
4. What has really worked well for us so far? How can we expand on it?
5. Is it time to redefine or redirect our work together?
6. Is there something difficult we are avoiding saying or doing?
7. What do we gain by continuing/ending this work together?

Mediation

If after one month since the beginning of our conversation, we find that we are unable to design resolution among ourselves by informal discussion conducted in accordance with the Touchstone (section 1), then we agree to attempt to resolve any dispute, claim or controversy by mediation, which shall be conducted under the then current mediation procedures of B-mediation (https://www.bmediation.eu/jentame-une-mediation-2/) or any other joint-session mediation procedure upon which we may agree at that time.

We further agree that our respective good faith participation in mediation (or collaborative-style dispute resolution) is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Any one of us may commence the mediation/collaborative process by providing to the other written notice, setting forth the subject of the dispute, claim, or controversy and the relief requested. Within ten (10) calendar days after the receipt of the foregoing notice, each recipient shall deliver a written response to the sender. The initial mediation/collaborative session shall be held within thirty (30) calendar days after the initial notice.

We agree to share equally the costs and expenses of the mediation / collaborative process (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation).

We further acknowledge and agree that mediation / collaborative proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties or our agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence, which is otherwise admissible or discoverable, shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation/collaborative process.

The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.

We acknowledge that we prevent ourselves from litigation unless we have been through the above process.

4. Applicable Law and Jurisdiction

This contract is governed by Belgian law.

The French-speaking courts of Brussels shall have exclusive jurisdiction.