Scality ARTESCA
Subscription Terms

Effective date: 22 June 2026 · Version 1.0

This is an English translation provided for convenience. In the event of any discrepancy, the Polish-language version of these Terms prevails.

§ 1. General provisions

  1. These Terms set out the conditions on which Viability Sp. z o.o. provides the Scality ARTESCA Subscription, together with ancillary activities, and form an integral part of the Agreement concluded between Viability and the Client.
  2. The following terms have the meanings given below:
    • Viability – Viability Sp. z o.o. with its registered office in Wrocław (ul. Krupnicza 2/4, 50-075 Wrocław, Poland), entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0000525760, NIP (tax ID) 5213679828; contact e-mail: care@viability.pl. Viability acts as an authorised Scality partner (Scality Cloud & Service Provider and Scality Elite Partner).
    • Scality – Scality SA / Scality, Inc., the manufacturer of the Scality ARTESCA software.
    • Client – an entrepreneur (a natural person conducting business activity, a legal person, or an organisational unit without legal personality) concluding the Agreement in connection with its business activity.
    • Subscription – access, provided by Viability on a subscription basis, to an immutable (S3-compatible) object storage repository for backups, delivered using the Scality ARTESCA software running on the Client's hardware, together with the ancillary activities set out in these Terms and the Agreement. The Subscription is provided on the basis of a license (subscription) held solely by Viability with Scality; the Client does not acquire any license or sublicense to the Scality software, but solely access to the Subscription on the terms set out in these Terms and the Agreement.
    • Software / ARTESCA – the Scality ARTESCA software used by Viability to provide the Subscription, running on the Client's hardware. Legal title and the license to the Software belong solely to Viability (acting towards Scality as the end customer) and are not transferred to the Client. The Client obtains solely access to the Subscription, to the extent and for the period defined therein.
    • Deployment model (Subscription type) – the way of deploying the Software chosen by the Client: ARTESCA Software Appliance, ARTESCA+ Veeam all-in-one, or Virtual Appliance (VMware).
    • Capacity – the ordered usable repository capacity, expressed in terabytes (TB).
    • Billing period – the time interval chosen by the Client (monthly, semi-annual, annual or two-year) for which the Client pays the fee.
    • Remote installation – an optional, one-time paid remote deployment and start-up of the Software on the Client's hardware, performed by Viability's engineers.
    • Order – an electronic form completed by the Client on Viability's website, constituting an invitation to conclude the Agreement.
    • Agreement – the agreement for the provision of the Subscription concluded between Viability and the Client in the manner set out in § 5.
  3. These Terms apply solely to business-to-business (B2B) relationships. The Client is not entitled to consumer rights under the Polish Act of 30 May 2014 on Consumer Rights.
  4. These Terms are made available to the Client before the conclusion of the Agreement and form an integral part thereof.

§ 2. Subject and scope of the Subscription

  1. The subject of the Subscription is to provide the Client, on a subscription basis, with access to an immutable (S3-compatible) object storage repository for backups, delivered using the Scality ARTESCA Software running on the Client's hardware. The Client does not acquire any license or sublicense to the Scality Software – it obtains access to the Subscription.
  2. Within the Subscription, the Software protects backups against modification and premature deletion in accordance with the S3 Object Lock mechanism (WORM – Write Once, Read Many) for the duration of the configured retention period.
  3. Scope of use. The Subscription is provided as a backup repository for backup software: Veeam Backup & Replication, Veeam Backup for Microsoft 365, and Veeam Kasten (container data protection). Use of the Software for any other purpose (in particular as general-purpose object storage unrelated to backup protection) requires separate arrangements confirmed in the Agreement.
  4. The Client selects the Deployment model (Subscription type) from:
    • ARTESCA Software Appliance – Software installed on the Client's dedicated hardware (1-, 3- or 6-node configurations), with a hardened operating system managed and updated by Scality;
    • ARTESCA+ Veeam all-in-one – Object Storage and Veeam Backup & Replication on a single appliance;
    • Virtual Appliance (VMware) – Software running as a virtual machine in a VMware vSphere environment (with a maximum usable capacity limit according to the model specification).
  5. The hardware (servers, disks, network infrastructure) on which the Software runs is not part of the Subscription and remains the Client's responsibility. The Client's requirements and obligations in this respect are set out in § 3.
  6. The manufacturer's guarantee regarding protection against cyberattacks (Scality Cyber Guarantee), where applicable, is granted directly by Scality on terms defined by Scality and does not constitute an obligation of Viability.
  7. The Client acknowledges that:
    • the Subscription constitutes a backup protection layer and does not replace the Client's primary production data,
    • immutability covers only data successfully written to the ARTESCA repository; data not copied to the repository is not protected,
    • the Client bears sole responsibility for correctly designing the retention policy and backup schedule; setting excessively long retention times affects the required Capacity and therefore the cost of the repository.

§ 3. Client requirements and obligations

  1. A condition for the proper provision of the Subscription is that the Client provides hardware meeting the technical requirements appropriate for the chosen Deployment model and for the ordered Capacity and reliability level. The final hardware configuration is determined individually and confirmed before the conclusion of the Agreement; the hardware must comply with the Software manufacturer's guidelines (sizing).
  2. Throughout the term of the Subscription, the Client ensures:
    • continuous Internet connectivity for the installation, enabling uninterrupted service connectivity of the Software with the manufacturer's services,
    • that telemetry and the Call Home Service, as well as the management interface (Federated UI), remain enabled at all times. The Software manufacturer requires active telemetry and Call Home connectivity for every installation; disabling, blocking or limiting them may prevent the provision of the Subscription and the maintenance of support and the guarantee,
    • the technical and environmental conditions (power, cooling, network) necessary for the uninterrupted operation of the hardware and Software,
    • that the Software is kept on a supported version and that updates can be performed in line with the manufacturer's recommendations.
  3. The Client provides, at its own expense, the backup software (Veeam Backup & Replication, Veeam Backup for Microsoft 365 or Veeam Kasten) together with valid licenses entitling it to use object storage.
  4. The Client is solely responsible for the hardware on which the Software runs, including its operability, physical security, configuration backups, and for the production data whose backups are stored in the repository.

§ 4. Installation and start-up

  1. Deployment of the Software may be carried out by the Client itself or – at its request – as part of the optional, one-time paid Remote installation performed by Viability's engineers.
  2. The Remote installation covers the remote start-up and initial configuration of the Software on the hardware prepared by the Client. The scope and cost of the Remote installation depend on the ordered Capacity (number of nodes) and are indicated in the calculator and confirmed in the Agreement.
  3. The Remote installation is carried out remotely, under the control and with the participation of the Client's representative. Viability does not obtain independent, uncontrolled access to the Client's infrastructure.
  4. The Client undertakes to provide the cooperation necessary to carry out the Remote installation, in particular to: prepare and make available functional, compliant hardware, ensure network connectivity, and involve a person with knowledge of the Client's environment. A lack of cooperation may make it impossible to carry out the Remote installation by the agreed date; in such a case the Parties agree on a new date.
  5. Determining the detailed hardware requirements for the usable capacity indicated by the Client (sizing) is performed individually and does not constitute an audit or a technical design of the Client's infrastructure.

§ 5. Placing orders and concluding the Agreement

  1. An Order may be placed solely by an entrepreneur holding an active:
    • NIP number – for entities established in Poland,
    • EU VAT number – for entities established in other European Union member states,
    • an appropriate tax identifier (Tax ID) – for entities established outside the EU.
  2. The Order is placed via an electronic form available on Viability's website. When placing the Order, the Client:
    • provides company data (for Polish entities, identification data is verified automatically in the GUS register based on the NIP),
    • selects the Deployment model (Subscription type), Capacity, Billing period, and any Remote installation,
    • accepts these Terms and the Privacy Policy available at https://viability.pl/en/privacy-policy.html.
  3. Completing and submitting the form constitutes only an invitation to conclude the Agreement within the meaning of Article 71 of the Polish Civil Code and is not equivalent to concluding the Agreement or to Viability making an offer within the meaning of Article 66 of the Polish Civil Code.
  4. Upon receipt of the Order, the system automatically sends the Client a confirmation that the Order has been received for review, together with an Order number (Order ID). This confirmation does not constitute acceptance of an offer or the conclusion of the Agreement.
  5. Viability contacts the Client to confirm the data and agree the details (including the hardware configuration and the date and scope of the Remote installation) on the same business day on which the Order was received, or on the next business day.
  6. The Agreement is concluded in written (electronic) form: Viability sends a PDF document signed with the qualified electronic signature of its representative, and the Agreement is deemed concluded upon the Client returning a copy signed electronically (with a qualified signature).
  7. After the Agreement is concluded, Viability initiates the Subscription activation procedure. Activation takes place within at most 3 business days of receiving the signed Agreement, and the activation data is sent to the e-mail address specified in the Agreement.

§ 6. Prices and payments

  1. All prices shown in the Subscription calculator on Viability's website are net prices in PLN, applicable on the date the Order is placed, and do not include hardware.
  2. The subscription fee for the Subscription is charged for the chosen Billing period. The following discounts off the monthly price apply for a longer Billing period:
    • monthly – no discount,
    • semi-annual – 2% discount,
    • annual – 5% discount,
    • two-year – 10% discount.
  3. The fee for the Remote installation, if selected, is a one-time fee, independent of the subscription fee.
  4. The base price list of the Subscription is maintained in EUR; the prices presented to the Client in PLN result from conversion at the rate set in the calculator configuration. In the case of invoicing in EUR, the EUR/PLN exchange rate is based on the average rate of the National Bank of Poland (Table A) on the invoice date, unless the Parties agree otherwise in the Agreement.
  5. The invoice is issued in:
    • PLN + 23% VAT – for Clients established in Poland,
    • EUR or PLN – for Clients established in other EU states (with the reverse-charge VAT mechanism applied in accordance with Article 196 of Directive 2006/112/EC) or outside the EU; the currency and conversion rate are set in the Agreement.
  6. The detailed payment terms and deadlines are set out in the Agreement.
  7. The price applies throughout the paid Billing period. Upon renewal for a subsequent Billing period, Viability is entitled to adjust the PLN price if the average NBP EUR/PLN rate (Table A) on the date of the renewal invoice has risen by more than 5% compared with the rate on the date of the previous invoice (or, on the first renewal, the date of the original Order). Viability notifies the Client of a planned price adjustment at least 14 days before issuing the renewal invoice. A Client who does not accept the changed price may decline renewal in accordance with § 9(3).
  8. The Subscription is not renewed automatically. Before the end of the current Billing period, Viability asks the Client whether it wishes to continue the Subscription. If the Client does not confirm renewal, the Subscription expires at the end of the paid Billing period.

§ 7. Technical support

  1. First- and second-line technical support (L1/L2) for the Subscription is provided to the Client by Viability. Where escalation to the Software manufacturer is necessary, the request is handled through Viability; the Client does not contact Scality directly.
  2. The Client sends service requests to the e-mail address specified in the Agreement. Detailed support rules and response times may be specified in the Agreement.

§ 8. Complaints

  1. The Client may submit a complaint regarding non-performance or improper performance of the Subscription within 7 days of discovering the defect, by sending an e-mail to help@viability.pl. The complaint should include:
    • the Order or Agreement number,
    • a description of the defect or irregularity found,
    • the Client's expectation.
  2. Viability examines the complaint and provides the Client with a response within 7 business days of receiving it.
  3. The response to the complaint is sent to the Client's e-mail address specified in the Order or Agreement.
  4. Submitting a complaint does not release the Client from the obligation to pay the Subscription fees on time.

§ 9. Termination and cancellation

  1. The Agreement is concluded for the Billing period chosen by the Client. The minimum Billing period is 1 month.
  2. The Client is not entitled to withdraw from the Agreement under the provisions of the Consumer Rights Act, as the Agreement is concluded solely between entrepreneurs and is directly related to the Client's business activity.
  3. The Client may decline renewal of the Subscription for a subsequent Billing period by notifying Viability by e-mail at care@viability.pl at the latest 7 days before the end of the current Billing period. The fee paid for the current Billing period is non-refundable.
  4. Viability may terminate the Agreement with immediate effect in the event of:
    • a material breach by the Client of the provisions of these Terms or the Agreement,
    • failure to pay an invoice for the Subscription by the due date,
    • use of the Subscription or the Software for purposes that are unlawful or inconsistent with the scope of the Subscription.
  5. Upon expiry or termination of the Agreement, the Client's right to use the Subscription – and thereby the Software – ceases, and access is deactivated. The Client is obliged to stop using the Software.
  6. Data written to the repository remains physically on the Client's hardware. The Client is responsible, at its own expense and risk, for migrating, securing or deleting such data after the end of the Subscription. Viability may, under separate arrangements, assist the Client with these activities.

§ 10. Liability

  1. Viability is responsible for properly providing the Subscription in accordance with the parameters set out in the Agreement and these Terms.
  2. Viability's total liability towards the Client for any claims related to the Subscription, regardless of the legal basis of the claim, is limited to the net fee paid by the Client for the current Billing period in which the damage arose.
  3. Viability is not liable for:
    • indirect damage, lost profits, loss of revenue or interruptions to the Client's operational activity,
    • loss of or damage to data on the Client's side before it is successfully written to the repository,
    • the consequences of the Client incorrectly configuring the retention policy, backup schedule or backup software,
    • the consequences of an improper condition, failure or non-compliance with requirements of the Client's hardware on which the Software runs, including the lack of required network connectivity,
    • acts or omissions of the Software manufacturer (Scality) beyond the scope of claims available to Viability against the manufacturer,
    • damage resulting from force majeure, including: natural disasters, acts of terrorism, failures of third-party network infrastructure, decisions of public authorities.
  4. The Software protects data against modification and premature deletion provided that it has been successfully written to the repository. Backups that have not been fully copied to the repository are not protected.

§ 11. Personal data

  1. The controller of the personal data of persons representing the Client or designated as contact persons is Viability Sp. z o.o.
  2. Personal data is processed for the purpose of concluding and performing the Agreement, on the basis of Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
  3. The Client acknowledges that, in connection with Viability's participation in the Scality partner programme, Viability transfers to the Software manufacturer (Scality) the data necessary to bill and manage the subscription, including the Client's identification and contact data and information about the scope and usage of the ordered Capacity. This data is transferred on the basis of Article 6(1)(b) and (f) GDPR (legitimate interest related to the provision of the Subscription and the requirements of the partner programme).
  4. Detailed information on the processing of personal data, including categories of recipients, any transfers of data outside the European Economic Area, and the rights of data subjects, is set out in Viability's Privacy Policy available at: https://viability.pl/en/privacy-policy.html.

§ 12. Final provisions

  1. In matters not regulated by these Terms, Polish law applies, in particular the Civil Code.
  2. Any disputes arising from or in connection with the performance of the Agreement will be settled by the common court having local jurisdiction over Viability's registered office (Wrocław). The Parties may agree on a different competent court in the Agreement.
  3. Viability reserves the right to amend these Terms. Viability notifies the Client of planned changes by e-mail at least 30 days in advance. If the Client does not accept the changes, it has the right to terminate the Agreement with effect at the end of the current Billing period by sending an appropriate statement by e-mail before the changes take effect. The absence of objection within this period means acceptance of the amended Terms.
  4. All communication between the Parties takes place electronically (by e-mail). Messages sent to the addresses specified in the Agreement are deemed delivered.

Effective date: 22 June 2026 · Version: 1.0