Last updated: 2026-09-30
Preamble
RACKSLAB is an open-source software company specializing in solutions that help organizations manage High-Performance Computing (HPC) activities.
RACKSLAB may offer sponsorship packages allowing business customers to support the development, improvement and maintenance of RACKSLAB’s open-source Software and to benefit from certain sponsorship advantages.
These Sponsorship Terms define the conditions under which the Client may subscribe to a sponsorship package and benefit from the corresponding Sponsorship Benefits.
These Sponsorship Terms supplement the General Terms and Conditions accepted by the Client. Unless otherwise defined herein, capitalized terms shall have the meaning given to them in the General Terms and Conditions.
The Client acknowledges that Sponsorship Benefits are commercial, visibility, community and promotional benefits, and do not grant the Client any ownership, governance, decision-making or control rights over RACKSLAB, the Software, the roadmap or the open-source community.
Definitions
For the purposes of these Sponsorship Terms, the following terms shall have the meaning set out below, whether used in the singular or plural form:
General Terms and Conditions or GTC: means RACKSLAB’s general terms and conditions accepted by the Client.
Goodies: means physical promotional items associated with the Software or RACKSLAB, such as stickers, t-shirts or other items, where included in the applicable Sponsorship Level.
Roadmap Ballots: means the ballots, voting rights, consultation rights or similar mechanisms made available to the Client, where applicable, allowing the Client to express non-binding preferences regarding potential future features or roadmap priorities.
Software: means the open-source software solution edited, developed, distributed or made available by RACKSLAB and concerned by the Sponsorship.
Social Media Mentions: means posts, announcements, mentions or other communications that may be published by RACKSLAB on social media channels, where included in the applicable Sponsorship Level.
Sponsor Materials: means the Client’s name, business name, logo, trademark, sign, website link, public description, visual identity elements and any other materials provided by the Client to RACKSLAB for the purposes of the Sponsorship Benefits.
Sponsorship: means the sponsorship package subscribed to by the Client under these Sponsorship Terms, as specified in the applicable Order or Quote.
Sponsorship Benefits: means the advantages associated with the Sponsorship Level subscribed to by the Client, as displayed on the Platform or specified in the applicable Order or Quote, including, where applicable, Roadmap Ballots, Website Visibility, Social Media Mentions and Goodies.
Sponsorship Level: means the level of Sponsorship selected by the Client, such as Bronze, Silver, Gold or any other level made available by RACKSLAB from time to time.
Sponsorship Period: means the agreed fixed term of the Sponsorship specified in the applicable Order or Quote, independently of the payment schedule.
Website Visibility: means the display of the Client’s name, logo, trademark, link or public description on RACKSLAB’s website, the Software website or any other online page operated by RACKSLAB, where included in the applicable Sponsorship Level.
Contractual documents
The Sponsorship is governed by the following contractual documents:
- The applicable Order or Quote accepted by the Client;
- These Sponsorship Terms;
- The General Terms and Conditions;
- Any sponsorship page, commercial description or documentation displayed on the Platform, solely to the extent it does not contradict the above documents.
In case of conflict between these documents, the document listed first shall prevail over the following documents, but only with respect to the subject matter of the conflict.
The Client’s purchase terms, procurement terms, purchase order terms or any other terms issued by the Client shall not apply, unless expressly accepted in writing by RACKSLAB.
Subscription to Sponsorship
The Client may subscribe to Sponsorship through the Platform, either separately or together with other Services, including Software licenses.
The Client may also subscribe to Sponsorship on the basis of a Quote issued by RACKSLAB.
The contract relating to the Sponsorship is formed when the Client accepts the applicable Order or Quote and accepts these Sponsorship Terms and the General Terms and Conditions, in accordance with the ordering and acceptance provisions of the General Terms and Conditions.
Payment and the commencement of Sponsorship Benefits are governed separately by the applicable payment schedule and contractual terms.
The Client acknowledges and agrees that ticking the relevant acceptance box, clicking on any button such as “Order”, “Confirm”, “Accept Quote”, “Sign”, “Pay” or any equivalent button displayed on the Platform, and completing the online acceptance or ordering process, shall constitute the Client’s full and binding acceptance of the applicable contractual documents.
RACKSLAB may rely on electronic records, logs, timestamps, identifiers, IP addresses, Account information, Order records, Quote acceptance records, version numbers of accepted contractual documents, payment records and any other electronic evidence in accordance with the General Terms and Conditions.
Sponsorship Levels and Benefits
The applicable Sponsorship Level, Sponsorship Period, Fees and Sponsorship Benefits are those displayed on the Platform at the time of the Order or specified in the applicable Order or Quote.
Sponsorship Benefits may include, depending on the Sponsorship Level subscribed to by the Client:
- Roadmap Ballots;
- Website Visibility;
- Social Media Mentions;
- Goodies;
- Any other benefit specified on the Platform, in the Order or in the Quote.
The detailed content, quantity, frequency, format and conditions of the Sponsorship Benefits depend on the Sponsorship Level subscribed to by the Client.
Unless expressly stated otherwise in the applicable Order or Quote, Sponsorship Benefits are provided only during the Sponsorship Period and subject to payment of the applicable Fees in accordance with the agreed payment schedule.
Sponsorship Benefits are personal to the Client and may not be assigned, transferred, resold or made available to any third party without RACKSLAB’s prior written consent.
Roadmap Ballots and Feature Votes
Where included in the applicable Sponsorship Level, Roadmap Ballots allow the Client to express preferences regarding potential future features, improvements or roadmap priorities relating to the Software.
Roadmap Ballots are consultative only.
Roadmap Ballots do not grant the Client any decision-making right, governance right, veto right, priority right, ownership right, exclusivity right or control over RACKSLAB, the Software, the roadmap, development priorities, release schedule or open-source community.
RACKSLAB remains solely responsible for determining whether, when and how any feature, improvement, correction or development may be analyzed, prioritized, developed, released, modified, delayed or abandoned.
The Client acknowledges that Roadmap Ballots do not guarantee that any voted feature or improvement will be developed, prioritized, released, maintained or made available within any specific timeframe.
RACKSLAB may disregard, postpone, modify or reject any voted feature or improvement for technical, legal, security, licensing, community, strategic, financial, resource-related or product reasons.
Website Visibility and Sponsor Materials
Where included in the applicable Sponsorship Level, RACKSLAB may display the Client’s Sponsor Materials on RACKSLAB’s website, the Software website or any other online page operated by RACKSLAB.
The format, size, position, ranking, duration and display conditions of Website Visibility shall depend on the applicable Sponsorship Level and the technical and editorial choices made by RACKSLAB.
The Client grants RACKSLAB a non-exclusive, worldwide, royalty-free, revocable license to use, reproduce, display and communicate the Sponsor Materials solely for the purpose of providing the Sponsorship Benefits during the Sponsorship Period and for a reasonable period thereafter for archiving, reporting or historical reference purposes.
The Client represents and warrants that it owns or has all necessary rights, authorizations and licenses to provide the Sponsor Materials to RACKSLAB and to authorize their use under these Sponsorship Terms.
The Client shall provide Sponsor Materials in the format reasonably requested by RACKSLAB and shall ensure that such materials are accurate, up to date, lawful and not misleading.
RACKSLAB may refuse, suspend, remove or request modification of any Sponsor Materials that RACKSLAB reasonably considers unlawful, misleading, infringing, offensive, harmful to RACKSLAB’s reputation, inconsistent with the Software’s community standards, technically unsuitable or contrary to applicable law.
Social Media Mentions
Where included in the applicable Sponsorship Level, RACKSLAB may publish Social Media Mentions relating to the Client’s Sponsorship.
Unless otherwise specified in the applicable Order or Quote, RACKSLAB shall determine the wording, format, timing, frequency, channel and editorial presentation of Social Media Mentions, taking into account the Sponsorship Level and RACKSLAB’s editorial policy.
The Client may provide reasonable information or materials to RACKSLAB for the preparation of Social Media Mentions.
RACKSLAB does not guarantee any specific audience, number of views, impressions, clicks, interactions, engagement rate, leads, customers, commercial opportunities, ranking, reputation effect or other result arising from Social Media Mentions.
RACKSLAB may refuse or postpone any Social Media Mention where the Client has not provided the necessary information or materials, or where publication would be unlawful, misleading, inappropriate, technically impossible, inconsistent with RACKSLAB’s editorial policy or harmful to RACKSLAB’s reputation.
Goodies
Where included in the applicable Sponsorship Level, RACKSLAB may provide Goodies to the Client.
The type, quantity and frequency of Goodies shall depend on the applicable Sponsorship Level and on availability.
Goodies are provided subject to availability, production constraints, stock levels, delivery constraints and any applicable legal or logistical restrictions.
RACKSLAB may replace any Goodies with equivalent or reasonably comparable promotional items where the initially planned items are unavailable, discontinued, delayed or unsuitable.
The Client shall provide accurate delivery information where Goodies are to be shipped.
RACKSLAB shall not be responsible for any delay, loss, customs issue, import duty, tax, delivery failure or additional cost resulting from inaccurate delivery information, carrier issues, customs procedures, import restrictions or circumstances outside RACKSLAB’s control.
Goodies have no cash value and may not be exchanged for cash, credit or refund unless expressly agreed otherwise by RACKSLAB.
Client Obligations
The Client shall:
- Provide accurate, complete and up-to-date information to RACKSLAB;
- Provide Sponsor Materials in a timely manner and in a technically suitable format;
- Ensure that the Sponsor Materials are lawful, accurate, non-misleading and do not infringe any third-party rights;
- Ensure that it has all rights and authorizations required for RACKSLAB to use the Sponsor Materials;
- Comply with applicable law, the General Terms and Conditions and these Sponsorship Terms;
- Refrain from using the Sponsorship in any unlawful, misleading, harmful, defamatory, fraudulent or abusive manner;
- Refrain from suggesting that RACKSLAB endorses, certifies, guarantees, sponsors, recommends or approves the Client’s products, services or activities, unless expressly agreed in writing by RACKSLAB;
- Refrain from using RACKSLAB’s name, logo, trademarks, Software names or other distinctive signs without RACKSLAB’s prior written consent, except as strictly necessary to refer factually to the Sponsorship.
The Client shall promptly notify RACKSLAB of any change affecting its Sponsor Materials, legal status, rights, authorizations or ability to benefit from the Sponsorship.
No Partnership, no endorsement and no governance rights
The Sponsorship does not create any partnership, joint venture, agency, franchise, distribution relationship, reseller relationship, employment relationship, mandate, corporate relationship, certification, endorsement or recommendation between the Parties.
Neither Party is authorized to bind the other Party or act in the name or on behalf of the other Party, unless expressly agreed in writing.
The Sponsorship does not grant the Client any exclusivity, governance right, voting right in RACKSLAB, decision-making right, veto right, priority right, right to influence RACKSLAB’s corporate decisions, right to control the roadmap, or right to require the development, release, maintenance or modification of any Software feature.
The Client shall not present itself as an official partner, reseller, distributor, representative, agent, certified provider or endorsed entity of RACKSLAB.
Intellectual Property
Each Party retains all rights, title and interest in and to its own trademarks, logos, trade names, domain names, copyrights, know-how, materials, content, documentation and other intellectual property rights.
Except for the limited license granted to RACKSLAB over the Sponsor Materials under article 6, nothing in these Sponsorship Terms transfers or assigns any intellectual property right from one Party to the other.
The Sponsorship does not grant the Client any ownership right or intellectual property right in or to the Software, RACKSLAB’s trademarks, RACKSLAB’s logos, RACKSLAB’s websites, RACKSLAB’s documentation, RACKSLAB’s roadmap, RACKSLAB’s content, RACKSLAB’s community materials, RACKSLAB’s source code, RACKSLAB’s know-how or any other element owned or controlled by RACKSLAB.
Any rights granted to the Client in relation to the Software remain governed by the applicable open-source licenses and, where applicable, the General Terms and Conditions or any separate license terms accepted by the Client.
Changes to Sponsorship Benefits
RACKSLAB may modify, improve, replace, reorganize or update the Sponsorship Benefits, Sponsorship Levels, website presentation, roadmap voting mechanism, communication channels, social media policy, Goodies, Platform workflows or related documentation from time to time.
During an ongoing Sponsorship Period for which the Client has paid the Fees due under the agreed payment schedule, RACKSLAB shall use reasonable efforts to ensure that such changes do not materially reduce the essential Sponsorship Benefits associated with the Sponsorship Level subscribed to by the Client.
RACKSLAB may make any change required to comply with applicable law, technical constraints, security requirements, third-party platform rules, social media platform rules, open-source community considerations, brand guidelines, availability constraints or changes affecting the Software or Platform.
Any change to the Sponsorship Benefits shall apply to future Orders, renewals or Sponsorship Periods, unless otherwise required by applicable law or expressly accepted by the Client.
Fees and Payment
The Fees applicable to the Sponsorship are specified in the applicable Order or Quote.
Fees are payable according to the payment schedule selected in the Order or specified in the Quote: one-time payment, monthly billing where available, or, for a Quote, a deposit followed by payment of the balance.
The Client's commitment to the agreed fixed term and Fees is subject to the cancellation and termination provisions of the General Terms and Conditions.
Payment, invoicing, electronic invoicing, taxes, late payment interest, recovery fees and payment-related suspension rights are governed by the General Terms and Conditions.
RACKSLAB may suspend the Sponsorship Benefits in case of late payment, non-payment, expired payment method or failure to comply with payment instructions, without prejudice to any other right or remedy.
No refund shall be due for any Sponsorship Period already started, except in the event of termination resulting from a material breach by RACKSLAB, where expressly agreed otherwise by RACKSLAB or where required by applicable law.
Term, Renewal, Suspension and Termination
The Sponsorship shall be concluded for the fixed term specified in the applicable Order or Quote.
Except where cancellation is accepted by RACKSLAB, in the event of termination resulting from a material breach by RACKSLAB, where required by applicable law or where expressly agreed otherwise, ceasing use, stopping monthly payments, suspension or early termination does not release the Client from the Fees payable for the agreed Sponsorship Period.
The initial Sponsorship term may range from six (6) to forty-eight (48) months, as specified in the applicable Order or Quote.
During the Sponsorship Terms, the Client may extend the Sponsorship by placing a new Order or accepting a new Quote. Any such extension may be agreed for an additional period ranging from one (1) to forty-eight (48) months.
Upon expiry of the applicable Sponsorship Terms, the Sponsorship shall automatically cease without notice and without automatic renewal.
Following expiry, the Client may renew the Sponsorship by placing a new Order or accepting a new Quote, for a period ranging from one (1) to forty-eight (48) months.
RACKSLAB may suspend or terminate all or part of the Sponsorship Benefits, without liability, in the event of:
- Late payment or non-payment;
- Breach of the General Terms and Conditions or these Sponsorship Terms;
- Unlawful, misleading, infringing, harmful or abusive use of the Sponsorship;
- Sponsor Materials that are unlawful, misleading, infringing, offensive, harmful to RACKSLAB’s reputation or contrary to applicable law;
- Use likely to affect RACKSLAB’s reputation, the Software, the Platform or the open-source community;
- Breach of applicable anti-corruption, sanctions, export control or compliance rules;
- Misuse of RACKSLAB’s name, trademarks, logos, Software names or other distinctive signs.
Either Party may terminate the Sponsorship in case of material breach by the other Party, in accordance with the termination provisions of the General Terms and Conditions.
Subject to any cancellation accepted by RACKSLAB, upon expiry or termination of the Sponsorship:
- RACKSLAB shall no longer be required to provide Sponsorship Benefits;
- RACKSLAB may remove the Client’s Sponsor Materials from its website, Software website, Platform or other communication channels;
- All Roadmap Ballots allocated to the Sponsor shall expire and shall cease to be counted, whether or not they were previously exercised;
- No further Goodies, Social Media Mentions or Website Visibility shall be due;
- All outstanding Fees shall become immediately payable;
- Expiry or termination shall not affect rights and obligations accrued before termination.
Expiry or termination of the Sponsorship shall not affect the rights granted to the Client under applicable open-source licenses, to the extent such rights arise independently from the Contract.
Compliance
Each Party shall comply with applicable laws and regulations in connection with the Sponsorship.
The Client represents and warrants that the Sponsorship is not subscribed to, and shall not be used, for any unlawful, corrupt, fraudulent, misleading or improper purpose.
The Client shall not use the Sponsorship Benefits, Goodies, visibility, votes, mentions or any other advantage provided by RACKSLAB to obtain or attempt to obtain an undue advantage, influence a public official, influence a procurement process, breach internal compliance rules or violate applicable anti-corruption, sanctions, export control or public procurement rules.
RACKSLAB may refuse, suspend or terminate any Sponsorship Benefit where RACKSLAB reasonably considers that providing such benefit could breach applicable law, internal compliance rules, public procurement rules, anti-corruption rules, sanctions, export control rules or the reputation of RACKSLAB or the open-source community.
Warranties
RACKSLAB shall provide the Sponsorship Benefits with reasonable professional skill and care and in accordance with an obligation of means.
RACKSLAB does not warrant that the Sponsorship will:
- Generate any specific visibility, traffic, audience, number of views, clicks, interactions, leads, customers, revenue or commercial opportunities;
- Improve the Client’s reputation, ranking, visibility or market position;
- Result in the development, prioritization, release or maintenance of any Software feature;
- Influence RACKSLAB’s roadmap, development priorities, product strategy or release schedule in any binding manner;
- Create any partnership, certification, endorsement, recommendation, exclusivity or privileged commercial relationship.
RACKSLAB shall not be responsible for changes to social media algorithms, third-party platform rules, search engine ranking, website traffic, audience behavior, community decisions, open-source contribution dynamics or other circumstances outside RACKSLAB’s control.
Except as expressly provided in these Sponsorship Terms, the applicable Order or Quote, or the General Terms and Conditions, all warranties are excluded to the maximum extent permitted by applicable law.
Liability
The liability provisions of the General Terms and Conditions apply to the Sponsorship.
Without prejudice to any limitation or exclusion set out in the General Terms and Conditions, RACKSLAB’s aggregate liability arising out of or in connection with the Sponsorship shall not exceed the Fees actually paid by the Client to RACKSLAB for the Sponsorship concerned during the twelve (12) months preceding the event giving rise to liability.
Where the Sponsorship concerned has been provided for less than twelve (12) months, the cap shall be calculated on the Fees actually paid by the Client for that Sponsorship.
RACKSLAB shall not be liable for any indirect, consequential, special or unforeseeable damages, including loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, loss of goodwill, reputational harm, loss of audience, loss of visibility, business interruption, cost of substitute services or claims brought by third parties, except where such limitation is not permitted under applicable law.
Miscellaneous
The provisions of the General Terms and Conditions relating to electronic communications, acceptance and evidence, confidentiality, subcontracting, force majeure, assignment, notices, partial invalidity, no waiver, language and miscellaneous matters apply to these Sponsorship Terms.
RACKSLAB may subcontract all or part of the Sponsorship-related services in accordance with the General Terms and Conditions.
No provision of these Sponsorship Terms shall be construed as granting the Client any ownership right, exclusivity, governance right, roadmap control, priority right, decision-making right or guarantee over the Software.
Applicable Law and Jurisdiction
These Sponsorship Terms and the relationship between the Parties are governed by French law.
In the event of any dispute arising out of or in connection with these Sponsorship Terms, including their validity, interpretation, performance, termination or consequences, the Parties submit to the jurisdiction set out in the General Terms and Conditions.