General Terms of Subscription to Mendo Modules and Services

This English version is provided for information purposes only. In the event of any discrepancy or difference in interpretation, the French version of these General Terms of Subscription shall prevail.

Preamble

MENDO has developed a software solution designed to support organisations in the adoption, management, governance and upskilling of their Users in generative artificial intelligence.

The Mendo Solution may be used in connection with Generative AI Services, as defined in the Contract, whether provided by third parties or operated by the CLIENT, within the scope set out in the Special Terms.

Depending on the Modules subscribed, the Mendo Solution includes features for digital support, training, learning paths, User management, usage analysis, KPI tracking, reporting, governance and assistance in identifying business use cases.

It may also include Modules analysing the adoption and impact of generative artificial intelligence, providing the CLIENT with aggregated information on usage, engagement levels, learning paths followed, skills acquired and use cases identified.

In addition to access to the Solution, MENDO provides Support Services aimed at facilitating the deployment, take-up and use of the Solution by Users, including in particular onboarding, training, community engagement, project governance, usage KPI tracking and adoption support services.

The purpose of the Mendo Solution and the Support Services is to help the CLIENT structure, roll out and manage the use of generative artificial intelligence within its teams.

They do not replace the Generative AI Services used by the CLIENT, nor the CLIENT’s internal obligations relating to change management, the training of its Users, the security of its IT environment and the validation of business uses of artificial intelligence.

Signature of the Special Terms of Subscription entails unreserved acceptance of these General Terms of Subscription and of the other contractual documents forming the Contract, which govern the relationship between the Parties.

1. Definitions

In these terms and in all the Contractual Documents, the terms defined below shall have the meanings given to them below:

“Subscription” means the subscription to Mendo’s Module(s) and Services, the scope of use, term and financial conditions of which are described in the Special Terms.

“General Terms of Subscription” means this document.

“Special Terms of Subscription” means the proposed special terms attached to the quotation and signed by the CLIENT.

“Contract” means all the Contractual Documents.

“Data” means any data, information, content, document, prompt, instruction or output processed, transmitted, imported or used in connection with the Solution, the Modules or the Services.

“Generative AI Services” means the generative artificial intelligence services, platforms, applications, assistants or interfaces used by the CLIENT or made available to it by third parties, in particular those enabling users to generate, analyse, summarise, transform or process content by means of artificial intelligence models.

“Modules” means the functional modules of the Mendo Solution to which the CLIENT subscribes under a Subscription, as specified in the Special Terms, which may in particular cover digital support, training, learning paths, User management, usage analysis, reporting, governance, assistance in identifying business use cases and analysis of the adoption or impact of Generative AI Services.

“Services” means the Services provided by MENDO, including the Support Services for the adoption of Generative AI Services, as described in the Special Terms.

“Solution” means the SaaS solution operated by MENDO through which Users benefit from the Services and the Modules.

“User” means any member of the CLIENT’s staff granted a right to use the Services and the Modules.

2. Purpose and contractual documents

The purpose of the General Terms is to set out the conditions under which MENDO provides the Modules and the Services via the Solution.

The specific conditions relating to the provision of the Modules and Services are described in the Special Terms.

These terms apply in performance of the Special Terms signed by the CLIENT.

The Subscription grants the CLIENT a right to use the Solution, the Modules and the Services, to the exclusion of any transfer of intellectual property or similar rights.

The term and financial conditions of the Subscription are set out in the Special Terms of Subscription.

The contractual documents (together and hereinafter the “Contractual Documents”) are ranked in decreasing order of precedence as follows:

• The Special Terms of Subscription (STS)
• The General Terms of Subscription (GTS)
• The Description of the Mendo Modules and Services
• The Data Processing Agreement (DPA)
• The Security Assurance Plan (SAP)
• The Service Level Agreement (SLA)

In the event of a conflict between one or more provisions contained in any of these documents, the higher-ranking document shall prevail. The Contractual Documents constitute the entire agreement between the Parties. Accordingly, the Parties expressly agree that any general terms and conditions of the CLIENT or any other similar document issued or customarily used by the CLIENT are not enforceable and are expressly excluded from the scope of the Contractual Documents. The Contractual Documents cancel and supersede any oral or written communication between the Parties prior to the signature of the STS.

3. Term

The Subscription is entered into for the period specified in the STS and shall be tacitly renewed for successive periods of one (1) year, unless terminated by either Party by registered letter with acknowledgement of receipt three (3) months before the end of the annual term (anniversary date).

4. Financial terms

4.1 Prices and invoicing terms

The prices and invoicing terms applicable to the Subscription are set out in the STS.

Prices depend on the Modules subscribed by the CLIENT.

Prices are exclusive of tax and expressed in euros. They are subject to VAT at the rate in force on the invoice date.

Invoices are payable thirty (30) days net from their date of issue, unless otherwise provided in the STS.

By express agreement and unless MENDO grants an extension, failure to pay by the due date shall automatically and without prior formal notice give rise to interest equal to three (3) times the French statutory interest rate, in addition to a fixed recovery indemnity of forty euros (€40), payable automatically in accordance with the French Commercial Code.

In the event of non-payment of an invoice that has fallen due and is not disputed in good faith, MENDO may, after a formal notice that has remained unheeded for fifteen (15) calendar days, suspend the CLIENT’s access in accordance with the article “Suspension or restriction of access to the Solution”.

4.2 Price revision

Prices may change under the conditions set out in the STS.

To this end, the ORDER FORM may provide for:

• an annual price revision according to a specified formula and terms, on the anniversary of the Subscription’s effective date;
• as well as an exceptional revision where particular circumstances so justify.

The calculation and notification terms applicable to such revisions are set out exclusively in the STS, which shall prevail in the event of conflict.

5. Obligations of the CLIENT

The CLIENT undertakes to use the Modules and the Services in compliance with applicable laws and regulations and assumes full responsibility for its use of them.

The CLIENT is responsible for the content, quality, reliability, updating and lawfulness of the Data it provides in connection with its use of the Modules and the Services, and shall hold MENDO harmless against any action or claim in this respect.

The CLIENT undertakes to cooperate actively with MENDO throughout the performance of the Contract.

6. Warning to the CLIENT

The purpose of the Modules and the Support Services is to assist the CLIENT in the adoption, management and use of Generative AI Services. They are tools for assistance, analysis, training, monitoring or recommendation, and do not replace the judgement, control and decisions of the CLIENT or its Users.

The actions, alerts, recommendations, workflows, analyses, rankings, indicators or automated processing implemented within the Modules are configured according to the features subscribed and the scope defined in the Special Terms. Their use remains the responsibility of the CLIENT and the Users.

MENDO does not guarantee the accuracy, completeness or currency of the information, data, content, outputs, suggestions or answers produced by the Generative AI Services used by the CLIENT, in particular where they are based on data provided by the CLIENT, the Users, third parties or the said Generative AI Services.

Nor does MENDO guarantee the availability, quality, continuity, performance or error-free operation of the Generative AI Services, tools, models, platforms or third-party environments used by the CLIENT.

The CLIENT remains solely responsible for:

• the choice, configuration and use of the Generative AI Services;
• the use of the Modules by its Users;
• the Data entered, imported, injected or processed by the Users;
• the interpretation of outputs, analyses, recommendations or indicators;
• the decisions, actions or omissions taken on the basis thereof;
• verifying that the uses of generative artificial intelligence are suited to its needs, internal constraints and legal or regulatory obligations.

The CLIENT and the Users are responsible for carrying out any appropriate verification of the Data, content, outputs, recommendations, answers or information produced by the Modules or the Generative AI Services before any operational use, dissemination or decision-making.

The specific conditions, functional limitations, technical prerequisites and any restrictions applicable to each Module are set out in the Special Terms or the applicable contractual documentation. The terms of use, limitations, restrictions and responsibilities applicable to the Generative AI Services used by the CLIENT are governed by the contractual documents, policies or terms applicable to those Generative AI Services.

7. Obligations of MENDO

7.1 Operation of MENDO’s technical environment

MENDO undertakes to maintain the technical environment under its control that is necessary for the operation of the Solution, by implementing appropriate technical and organisational measures, in accordance with the provisions of the applicable SLA and Security Assurance Plan.

MENDO is not responsible for the CLIENT’s IT environment, the Generative AI Services used by the CLIENT, or any third-party services, networks, tools, platforms, models, infrastructure or components that are not provided or controlled by MENDO.

7.2 Quality of service

MENDO is responsible for the technical means, processes and methods it implements to provide the Solution, the Modules and the Support Services, within the limits of the scope defined in the Contract.

MENDO is bound by an obligation to achieve a specific result limited to compliance with the service level commitments expressly set out in the applicable SLA, within the limits, exclusions and conditions defined therein.

For all other obligations, and in particular the Support Services, MENDO is bound by a best-efforts obligation.

Given the nature of the technologies used, the CLIENT acknowledges that the Solution, the Modules and the Support Services may be affected by technical constraints beyond MENDO’s control, in particular relating to electronic communication networks, the CLIENT’s IT environment, Generative AI Services, third-party services, technical prerequisites or automated processing.

MENDO may interrupt all or part of the Solution or the Modules for maintenance purposes, including scheduled maintenance, without incurring liability, provided that it informs the CLIENT under reasonable conditions, except in the event of an emergency, a security incident or an intervention necessary for the continuity, integrity or security of the Solution.

7.3 Data security

MENDO implements appropriate technical and organisational measures to preserve the security, confidentiality, integrity, availability and resilience of the Solution and of the Data processed under the Contract, in accordance with the Security Assurance Plan.

Depending on the scope of the Modules and Services subscribed, these measures may in particular include access control, authentication, permission management, logging, encryption, backup, monitoring, environment segregation, incident detection and protection against unauthorised access.

The CLIENT acknowledges that it has been informed of the security measures implemented by MENDO and remains responsible for the security of its own IT environment, the management of its access rights, devices and user accounts, and the Generative AI Services it uses.

7.4 Changes to the Solution, the Modules and the Services

The features of the Solution, the Modules and the Support Services may change in order to improve their performance, security, usability, reliability or functionality, and to take account of technical, regulatory and technological developments or market needs.

Accordingly, MENDO may change the Solution, the Modules and the Support Services, in particular from a technical, functional, ergonomic, graphic or organisational standpoint.

Such changes may not have the effect of removing or substantially altering the essential features of the Modules subscribed by the CLIENT, unless the change is made necessary by a legal or regulatory requirement, a security constraint, or a change to a third-party service, a Generative AI Service or a technical environment not controlled by MENDO.

The CLIENT is informed of changes by any appropriate means, in particular via the Solution, by email or in the applicable documentation.

Minor changes that do not substantially affect the essential features may be implemented without notice.

In the event of a change likely to significantly affect the conditions of use of the Solution or the Modules, MENDO shall inform the CLIENT within a reasonable time.

7.5 Data quality

The CLIENT is solely responsible for the quality, accuracy, relevance, completeness and lawfulness of the Data it enters, imports, transmits, configures or makes available in connection with its use of the Solution, the Modules and the Generative AI Services.

The CLIENT is also responsible for compliance with applicable regulations when collecting, processing, storing and using such Data.

The operation of the Modules may rely, in whole or in part, on Data, content, information or outputs originating from:

• the CLIENT or its Users;
• Generative AI Services;
• third-party suppliers or partners;
• or any other source outside MENDO’s control.

The CLIENT acknowledges that MENDO does not exercise exhaustive control over these elements and cannot guarantee their accuracy, completeness, relevance, consistency or currency.

MENDO processes such Data and information as received and may implement automated processing, analysis, classification, recommendation or reporting mechanisms, or artificial intelligence technologies, in order to provide the features of the Solution and the Modules.

Accordingly, MENDO shall not be liable for:

• errors, omissions, inconsistencies or inaccuracies affecting the Data or information used, whatever their origin;
• biases, limitations, inaccuracies, unavailability or uncertainties inherent in automated processing, artificial intelligence models or Generative AI Services;
• content, answers, recommendations, analyses, classifications, suggestions or outputs generated by Generative AI Services;
• the interpretation by the CLIENT or the Users of the information, analyses, indicators or outputs provided;
• decisions, actions or omissions taken on the basis of information or outputs from the Solution, the Modules or the Generative AI Services.

The CLIENT and the Users remain solely responsible for validating Data, information, analyses, recommendations and outputs before any operational use, dissemination or decision-making.

8. Intellectual property

8.1 Rights in the Modules

MENDO owns or holds the necessary rights to the Solution, the Modules and their components, interfaces, documentation, content, methods, know-how and associated technical elements.

Access to the Solution or use of the Modules does not confer on the CLIENT any intellectual property right in these elements, other than a right of use strictly limited to the scope of the Subscription.

8.2 Warranty against eviction

MENDO guarantees the CLIENT quiet enjoyment of the Solution and the Modules, provided they are used in accordance with the Contract.

MENDO shall defend the CLIENT, at its own expense, against any third-party action alleging that the Solution or the Modules infringe its intellectual property rights, provided that the CLIENT informs MENDO without delay, cooperates in the defence, does not settle without MENDO’s consent and leaves MENDO in control of the defence.

This warranty does not apply where the claim results from non-compliant use, an unauthorised modification, the CLIENT’s Data or content, a Generative AI Service, a third-party tool, or a combination with elements not provided by MENDO where the claim would not have arisen without that combination.

In the event of a well-founded or foreseeable claim, MENDO may obtain the right to continue using the element concerned, modify or replace it, or terminate access to the Module concerned under the conditions set out in the Contract.

9. Liability

9.1 Liability of MENDO

MENDO uses reasonable means to ensure the availability, proper operation and security of the Solution, the Modules and the Support Services, under the conditions set out in the Contract.

The Modules and Support Services are tools for assistance, analysis, training, management or recommendation.

MENDO shall not be liable for:

• the Data, documents, content, prompts, instructions or information provided or used by the CLIENT, the Users or third parties;
• the usage choices made by the CLIENT or the Users;
• the content, answers, recommendations, analyses, indicators or outputs generated by Generative AI Services;
• decisions made by the CLIENT or the Users on the basis of information or outputs from the Solution, the Modules or the Generative AI Services;
• malfunctions, unavailability, limitations or changes attributable to the CLIENT’s IT environment, to Generative AI Services or to any third-party service, software, network, platform, model or component not provided or controlled by MENDO;
• any failure to perform attributable to the CLIENT, a User, a third party or a force majeure event;
• errors, biases, hallucinations, approximations or inaccurate content generated by a Generative AI Service;
• the unavailability, suspension, degradation, limitation or interruption of a Generative AI Service or a third-party service used by the CLIENT;
• any modification, restriction, removal or change of an API, connector, feature, interface, model, service or usage policy of a third-party provider;
• the removal, modification, limitation or unavailability of a feature of a third-party environment, in particular an AI assistant, office suite, cloud platform or generative AI tool;
• any change in commercial, technical, security, compliance, data access or usage policy decided by a provider of a Generative AI Service or third-party service.

MENDO may only be held liable in the event of a proven breach of contract directly attributable to MENDO.

Only direct and foreseeable damage may give rise to compensation, to the exclusion of any indirect damage, including loss of revenue, loss of profit, operating loss, loss of customers, loss of opportunity, loss of data, damage to reputation, business disruption or replacement costs.

MENDO’s total aggregate liability, for all causes combined, is limited to the total amount actually received by MENDO under the Subscription concerned during the twelve (12) months preceding the event giving rise to liability.

This limitation does not apply in the event of fraud, gross negligence or wilful misconduct on the part of MENDO.

9.2 Liability of the CLIENT

The CLIENT undertakes to use the Solution, the Modules, the Support Services and the Generative AI Services in accordance with their intended purpose, the Contract, the applicable documentation and the regulations in force.

The CLIENT shall refrain from any use likely to disrupt the operation, security, integrity or availability of the Solution, any unauthorised access, any unlawful or fraudulent use, any transmission of unlawful content or content infringing third-party rights, any introduction of malicious software, and any unauthorised mass or automated extraction.

The CLIENT is solely responsible for:

• the Data, documents, content, prompts, instructions and information it transmits, imports, configures or uses via the Solution;
• the use of the Solution, the Modules and the Generative AI Services by its Users;
• the choice, administration, configuration and security of its IT environment and of the Generative AI Services it uses;
• compliance with the regulations applicable to its uses of generative artificial intelligence;
• decisions made on the basis of outputs from the Solution, the Modules or the Generative AI Services.

The CLIENT shall indemnify MENDO against any claim, action, penalty, recourse or demand by third parties resulting from use of the Solution, the Modules or the Generative AI Services in breach of the Contract, applicable regulations or third-party rights.

9.3 Suspension or restriction of access to the Solution

MENDO may suspend or restrict the CLIENT’s access to all or part of the Solution in the event of a breach by the CLIENT of its contractual obligations, in particular in the event of non-payment, non-compliant use of the Solution, the Modules or the Services, or breach of the Contract.

Except in an emergency or where there is a risk to the security, integrity or availability of the Solution or the Data, such suspension or restriction shall take place after a formal notice that has remained unheeded.

MENDO may also suspend or restrict access to the Solution:

• for maintenance, upgrade or improvement operations;
• in the event of an actual or suspected risk to the security, integrity or availability of the Solution or the Data;
• in the event of use likely to give rise to MENDO’s liability or to infringe third-party rights.

MENDO shall inform the CLIENT, where possible, of any suspension or restriction of access.

Scheduled maintenance is notified in advance within a reasonable time. Urgent interventions may take place without notice.

Suspension or restriction of access carried out under the conditions of this article shall not give rise to any liability on the part of MENDO and does not release the CLIENT from its payment obligations.

10. Insurance

MENDO declares that it has taken out a policy with a reputable insurance company covering the professional civil liability risks of its business.

11. Force majeure

Neither Party may be held liable for any delay or failure resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, including in particular major network outages, failures of hosting or cloud providers, cyberattacks, widespread outages of third-party services, administrative decisions or events reasonably beyond the control of the Party concerned.

The obligations affected are suspended for the duration of the event. If the event continues for more than thirty (30) days, either Party may terminate the Contract without compensation.

12. Termination

Either Party may terminate the Contract and the Subscription in the event of a breach by the other Party, thirty (30) days after sending a formal notice by registered letter with acknowledgement of receipt that has remained unheeded.

13. End of the contractual relationship

Upon termination of the contractual relationship, for whatever reason:

• MENDO shall discontinue access to the Solution, the Modules and the Services on the effective date of termination, unless otherwise agreed between the Parties;
• the CLIENT shall be responsible for informing its Users;
• all sums owed by the CLIENT shall become immediately due and payable;
• the provisions relating to data protection and liability and, more generally, those intended to survive the end of the contractual relationship, shall remain in force.

The terms for the return and deletion of Data are set out in the article “Reversibility”.

14. Reversibility

At the end of the Contract, for whatever reason, MENDO undertakes to return free of charge all the data and documents in its possession, collected on behalf of the CLIENT or directly transmitted by the SUBSCRIBER, in a standard usable format, at no additional cost for a simple return.

The reversibility request must be made within thirty (30) days following the end of the Contract.

The data will be made available for a period of thirty (30) days from the end of the Contract.

Any other request relating to a specific format or an additional service may be invoiced separately on the basis of the daily rates applicable at the time of the request.

At the end of the reversibility period, MENDO shall delete the CLIENT’s Data, unless otherwise required by law or regulation.

15. Subcontracting

MENDO may use subcontractors to perform all or part of the Contract, which the CLIENT accepts. MENDO remains in any event responsible for the proper performance of the subcontracted obligations.

MENDO undertakes to select its subcontractors with due diligence and to impose on them obligations consistent with those incumbent upon it under the Contractual Documents.

Where such subcontractors are involved in processing personal data on behalf of the CLIENT, they are governed by the conditions set out in the Data Processing Agreement (DPA).

16. Non-solicitation

Each Party undertakes, for the term of the Contract and for a period of twelve (12) months after its termination, not to hire or solicit, directly or indirectly, any employee of the other Party who has been involved in the performance of the Contract, without the prior written consent of the latter.

In the event of breach, the defaulting Party undertakes to pay the other Party a lump-sum indemnity equal to twelve (12) months of the gross salary of the employee concerned, without prejudice to any additional damages.

17. Confidentiality

All Confidential Information exchanged between the Parties in the performance of the Contract, whatever its nature, form or medium, is subject to a strict obligation of confidentiality. This obligation applies for the entire term of the Contract and for a period of five (5) years after its expiry, for whatever reason.

“Confidential Information” means data, documents, know-how or technical, commercial, financial or organisational elements; any information not available to the public, communicated by one Party to the other in connection with the Contract.

Exclusions: this obligation does not cover information that is:

• already lawfully known to the public before its disclosure;
• lawfully obtained from a third party not bound by an obligation of confidentiality towards the disclosing Party;
• independently developed by the receiving Party without use of the Confidential Information.

18. Personal data

18.1 Legal framework

The Parties undertake to comply with their obligations regarding the processing and protection of personal data and, in particular, the provisions of French Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties and those of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as any applicable personal data protection regulations (hereinafter the “Applicable Regulations”). Any change to the Applicable Regulations resulting in stricter obligations shall be implemented by the Parties as soon as possible.

18.2 Roles of the Parties

Under the Contract, MENDO acts, depending on the nature and purpose of the processing concerned, as a processor on behalf of the SUBSCRIBER.

MENDO acts as a processor when it processes personal data on behalf of the CLIENT.

The nature of the processing, its qualification and the respective obligations of the Parties are set out in the Data Processing Agreement (DPA), which governs the processing carried out on behalf of the CLIENT.

Each Party remains responsible for the processing for which it determines the purposes and means, in accordance with applicable regulations.

18.3 Processing related to Generative AI Services

MENDO determines neither the purposes nor the means of the processing carried out within the Generative AI Services used by the CLIENT.

The CLIENT remains solely responsible for the choice, configuration, administration and use of the Generative AI Services it uses, as well as for the data, content, prompts, instructions or information it decides to enter, transmit or import into them, or to have processed by its Users.

MENDO does not act as a controller or processor with respect to processing carried out directly by the Generative AI Services used by the CLIENT, where such services are provided by third parties or operated under the CLIENT’s responsibility.

Where the Solution interacts with Generative AI Services, MENDO acts solely within the scope of the processing it actually carries out to provide the Solution, the Modules and the Support Services, under the conditions set out in the DPA.

The CLIENT warrants that the data, prompts, content or instructions transmitted to the Generative AI Services are transmitted in compliance with applicable regulations, the CLIENT’s internal policies and the contractual terms applicable to those Generative AI Services.

18.4 Security of personal data processing carried out by MENDO

MENDO undertakes to maintain a level of security and compliance with regard to the protection of personal data and confidential information that meets the requirements of applicable regulations, in particular Regulation (EU) 2016/679 (GDPR).

The detailed conditions relating to data protection are set out in the Security Assurance Plan.

19. Audit

Subject to at least thirty (30) days’ prior written notice, the CLIENT may request, once a year, the information reasonably necessary to verify MENDO’s compliance with its contractual security and data protection obligations.

This audit is carried out primarily on a documentary basis, in particular by means of available certifications, reports, attestations, questionnaires or compliance documents. Any on-site or technical audit is subject to MENDO’s prior consent, may not compromise the security, confidentiality, third-party rights or operation of the Solution, and shall be borne exclusively by the CLIENT.

MENDO may refuse or adjust any audit request that is excessive, disproportionate, redundant or likely to compromise the security or confidentiality of its systems, its other clients or its sensitive information.

20. Miscellaneous

Neither Party shall be deemed to have waived any provision of these terms by reason of its non-enforcement or tolerance, whether temporary or permanent.

If any provision of these terms is declared null, unlawful or unenforceable, it shall be deemed unwritten without affecting the validity of the other provisions, unless that provision is essential.

Each Party acts in its own name and on its own behalf. It may in no case bind the other Party in any capacity whatsoever. Each Party remains solely responsible for its own acts, commitments, services, products and personnel.

Any amendment to these terms may only be made by a written amendment signed by the authorised representatives of the Parties. Clause headings are for reference only and shall not affect interpretation.

MENDO is authorised to refer to the CLIENT’s name and to the existence of the contractual relationship for communication purposes, unless the SUBSCRIBER expressly objects.

MENDO declares that it complies with the legal and regulatory obligations applicable to its personnel, in particular with regard to employment law and social security declarations.

21. Governing law and jurisdiction

In the event of a dispute relating to their validity, interpretation or performance, the Parties undertake to seek an amicable solution first, within a maximum period of two (2) months from written notification of the dispute by either of them.

Failing agreement within that period, the Paris Economic Activities Court (Tribunal des activités économiques de Paris) shall have sole jurisdiction to settle the dispute, including in the event of multiple defendants, third-party warranty claims, or any emergency, protective or summary proceedings.