EN FR DE ES PL

End User License Agreement (EULA) — Orbiter

Version 1.1 — effective on June 12, 2026
The French version of this EULA is authoritative. Translations are provided for informational purposes only.

Publisher: D4.FR — A French simplified joint-stock company (SAS) with share capital of €4,000, registered with the Paris Trade and Companies Register under number 801 303 496 (head office SIRET: 801 303 496 00013), intra-Community VAT number FR46 801 303 496, APE code 6311Z (data processing, hosting and related activities), incorporated on 28 March 2014. Registered office: 21 bis rue du Simplon, 75018 Paris, France. Website: https://orbiter.systems — Contact: support@orbiter.systems.

Preamble

This End User License Agreement ("EULA" or "Agreement") constitutes a legal agreement between D4.FR, a French simplified joint-stock company with share capital of €4,000, registered with the Paris Trade and Companies Register under number 801 303 496, whose registered office is located at 21 bis rue du Simplon, 75018 Paris, France (the "Publisher"), and any individual or legal entity (the "User" or "You") who installs, accesses or uses the Orbiter software (the "Software"). D4.FR is the official and exclusive publisher of Orbiter and is solely responsible for its development, support and commercialization. By installing or using the Software, the User acknowledges having read, understood and accepted the terms of this EULA. If the User does not accept these terms, the User must refrain from installing or using the Software and must uninstall it without delay.

If You accept this Agreement on behalf of an entity (employer, company, organization), You represent that You have the authority to bind such entity, and any reference to "You" then designates both You and such entity.

§1 — Definitions

§2 — Purpose and Acceptance

The purpose of this Agreement is to define the conditions under which the Publisher grants the User a right to use the Software. Acceptance results from the installation, access or use of the Software, or from the express validation of these terms during installation.

§3 — Account and Registration

Access to certain features or to the License may require the creation of an account. You undertake to provide accurate, complete and up-to-date information, to preserve the confidentiality of your credentials and to assume responsibility for any activity carried out via your account. You shall notify the Publisher without delay of any unauthorized use of your account.

§4 — Grant of License

Subject to compliance with this Agreement and, where applicable, payment of the fees due, the Publisher grants the User a personal, non-exclusive, non-transferable and non-sublicensable license to use the Software in object code only, for the User's own needs.

The authorized use is strictly limited to running the Software for purposes of containerization, isolation and supervision of websites on the User's Server(s), within the limits of the subscribed Plan, in particular the maximum number of domains it authorizes. Exceeding the Plan's limits requires subscribing to a higher Plan. The Publisher may implement technical means of metering and capping corresponding to the Plan.

The license does not entail any transfer of ownership or any right to the source code of the Software.

§5 — Use Restrictions

Save where mandatory law provides otherwise (in particular, for interoperability purposes, Article L. 122-6-1 of the French Intellectual Property Code) or with the prior written authorization of the Publisher, You shall not, and shall not allow a third party to:

§6 — Prohibited Uses

You undertake not to use the Software to:

§7 — Financial Conditions

Where the Software is subject to a paid License, You shall pay all applicable fees as well as any taxes, duties or levies legally due. The terms of pricing, billing, renewal and commercial termination are, where applicable, set out in separate general terms of sale, which supplement this Agreement.

§8 — Acquisition Channels and Distributors

The License may be acquired (i) directly from the Publisher or (ii) via an Authorized Distributor. This EULA applies identically regardless of the acquisition channel.

The terms of order, pricing, billing, renewal, withdrawal and refund are governed by the channel of purchase: the Publisher's general terms of sale for direct purchases; the Authorized Distributor's terms for purchases made from it.

The Authorized Distributor is not a party to this EULA. It grants no license on the Software and makes no warranty or commitment of its own relating to the Software, support being provided exclusively by the Publisher in accordance with §12.

In the event of acquisition via an Authorized Distributor, the suspension or termination of the subscription by that Distributor (in particular for non-payment) entails the corresponding suspension or extinction of the rights of use conferred by the License, without prejudice to the provisions of §16.

§9 — Intellectual Property

The Software, its Documentation and all their components (source code, interfaces, graphics, trademarks, logos, databases) are protected by intellectual property law and remain the exclusive property of the Publisher or its licensors. This Agreement does not confer any rights to such elements, other than the license expressly granted in §4.

The "Orbiter" name, logos and other distinctive signs are the exclusive property of the Publisher. Any use requires its prior written consent and must not create confusion or suggest a partnership, affiliation or sponsorship that does not exist. Third-party trademarks possibly mentioned in the Documentation belong to their respective owners and are cited for information purposes only, without this implying any link between the Publisher and such third parties.

Third-party components. The Software incorporates third-party components under permissive licenses (MIT, ISC, SIL Open Font License 1.1) as well as companion CMS plugin templates distributed under the GPL-2.0-or-later license, limited to those files only. The list of such components and the full text of their licenses are set out in the THIRD-PARTY-LICENSES document, available at https://orbiter.systems/legal/third-party-licenses and at the root of the Software distribution. These components remain governed by their respective licenses, which prevail over this EULA as regards them.

§10 — Data, Telemetry and Personal Data Protection

Data processed locally. To ensure the supervision and operation of Containers, the Software processes technical data on the User's Server: status and metrics of Containers, resource consumption (CPU, memory, disk), software versions, error logs and diagnostic data. This data remains on the User's Server and is not transmitted to the Publisher.

Data transmitted to the Publisher. The Software transmits to the Publisher: (i) limited telemetry events upon installation, update or uninstallation (event type, Software version, Plesk and PHP version, operating system, server identifier (hostname), timestamp); and (ii) where a support request is made at the User's initiative only (opt-in), the content of the request and the technical metadata useful for diagnosis, as well as the contact details provided by the User.

Data not collected. The Publisher does not collect: domain names or site content; database credentials or content; personal data of the end users of hosted sites; IP addresses beyond standard HTTP logging; detailed Container configurations.

Purposes and legal basis. The transmitted data is used solely for product improvement, anomaly tracking, usage statistics and License compliance verification (the Publisher's legitimate interest), and for handling support requests (contract performance / consent).

The processing of personal data is governed by the Privacy Policy (https://orbiter.systems/privacy) and, where the Publisher acts as a processor on behalf of the User, by a separate Data Processing Agreement (DPA) compliant with Regulation (EU) 2016/679 (GDPR). In the event of conflict, the DPA prevails as regards personal data. Each party undertakes to comply with the applicable data protection regulations.

§11 — Confidentiality

The Software, its non-public components and any information identified as confidential constitute confidential information and trade secrets of the Publisher. You undertake to protect them, not to disclose them and to use them only for the purposes provided for in this Agreement, during the term of this Agreement and for three (3) years after its termination, with no time limit as regards the source code and trade secrets. In the event of a legal injunction to disclose, You shall inform the Publisher in advance, to the extent permitted by law, in order to allow the Publisher to oppose it or limit its scope.

§12 — Updates and Support

The Publisher may make available updates, patches or new versions, without being required to do so. Support conditions are, where applicable, specified in a dedicated offer or documentation. Updates are governed by this Agreement, unless specific conditions are notified upon their release.

Support relating to the Software is provided exclusively by the Publisher, to the exclusion of any Authorized Distributor. Support requests may be directed to support@orbiter.systems or submitted directly from the Orbiter interface within Plesk.

§13 — Availability

The Publisher implements reasonable means to ensure the proper operation of the Software. Save for a separately subscribed service level agreement (SLA), the Software is provided without any guarantee of uninterrupted availability, the Publisher being entitled to carry out maintenance operations.

§14 — Warranty and Disclaimer

Towards Professionals. The Software is provided "as is" and "as available". To the extent permitted by law, the Publisher disclaims any implied warranty, in particular of merchantability, fitness for a particular purpose and non-infringement. The Publisher does not warrant that the Software will be error-free or will meet specific needs.

Towards Consumers. The above exclusions do not apply. The Consumer fully benefits from the statutory warranty of conformity (Articles L. 217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), which remain in full effect.

§15 — Limitation of Liability

Towards Professionals. To the extent permitted by law, the Publisher is not liable for indirect or intangible damages (loss of business, revenue, data or image). The Publisher's aggregate liability, all triggering events combined, is limited to the amount of fees actually paid for the Software during the twelve (12) months preceding the triggering event.

Towards Consumers. The limitations and exclusions in this article do not apply to the extent that they would be contrary to mandatory provisions protecting the Consumer; would constitute unfair terms deemed unwritten; or would seek to exclude liability in the event of personal injury, gross negligence or wilful misconduct.

§16 — Term and Termination

This Agreement takes effect upon acceptance and remains in force for the duration of use of the Software or the License. In the event of breach by the User, and after a formal notice that has remained ineffective within a reasonable period (save for serious breach making continuation impossible), the Publisher may suspend or terminate the License. Upon termination, You shall cease all use and uninstall the Software. Articles §5, §9, §11, §15 and §21 survive termination. The Consumer's commercial termination rights remain governed by the applicable terms of sale and the law.

§17 — Audit and Compliance Verification

A clause primarily relevant to Professionals and paid Licenses. At the Publisher's reasonable request, You shall certify in writing compliance with this Agreement, in particular use of the Software within the limits of your Plan (in particular the number of managed domains). The Publisher may verify such compliance by technical license-metering means or, at most once per year, with reasonable prior notice and without disrupting your activity, by an audit whose scope is limited to such verification.

§18 — Export Control and Sanctions

You undertake to comply with applicable regulations on export control and economic sanctions, in particular those of the European Union, as well as, where applicable, of the United Kingdom and the United States. You shall not give access to the Software to a person or entity subject to an asset freeze or sanction measure, and shall not use the Software in an embargoed territory in violation of such rules.

§19 — Resellers, Hosters and Intermediaries

If You make the Software available to your own clients or end users (as a hoster, reseller or intermediary), You guarantee that each end user is bound by these terms, or by terms at least as protective, before any installation, access or use. You shall not modify or alter the terms of this Agreement and shall make no representation or warranty about the Software inconsistent with this Agreement. Commercial resale or redistribution is only permitted under a separate written agreement with the Publisher.

§20 — Force Majeure

No party is liable for a breach resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code and applicable case law.

§21 — Miscellaneous

Entire agreement. This Agreement, together with the Privacy Policy, the DPA and, where applicable, the terms of sale, constitutes the agreement between the parties relating to its subject matter.

Assignment. You may not assign this Agreement without the Publisher's written consent. The Publisher may assign it in the context of a transaction affecting its business, subject to the preservation of your rights.

Severability. If a provision is held invalid, it shall be deemed unwritten and the other provisions shall remain in force.

No waiver. Failure to enforce a right shall not constitute a waiver of that right.

Notifications. Notifications are validly given in writing, including by electronic means with proof of transmission, or by publication on the Publisher's website or within the Software, deemed received on the date of availability.

§22 — Changes to the EULA

The Publisher may publish new versions of this EULA for future versions of the Software. The applicable version is the one in force at the time of acceptance by the User, unless otherwise indicated upon an update. In the event of a modification substantially affecting your rights, the Publisher shall inform the User by a reasonable and prior means; continued use after entry into force shall constitute acceptance. Previous versions remain accessible via the published history.

§23 — Governing Law and Jurisdiction

This EULA is governed by French law. For disputes between Professionals arising from this Agreement or in connection with it, jurisdiction is granted to the competent courts of Paris. With regard to Consumers, the legally protective rules of public-policy jurisdiction remain applicable, the Consumer retaining in particular the right to bring proceedings before the court of his or her place of domicile.

§24 — Contact

For any question regarding this EULA: support@orbiter.systems.

Publisher: D4.FR — French SAS with share capital of €4,000 — Paris Trade and Companies Register 801 303 496 — SIRET 801 303 496 00013 — intra-Community VAT FR46 801 303 496 — APE code 6311Z — registered office: 21 bis rue du Simplon, 75018 Paris, France — https://orbiter.systems.

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