General conditions of use

Malou - Food Marketing

RCS Créteil under number 832 965 25535 avenue du Maréchal de Lattre de Tassigny, 94220 Charenton-le-Pont

1. Purpose
The company Malou-Food Marketing (“Malou”) operates an application accessible from the https://app.malou.io website (the “Application”), through which it offers its customers (the “Customers”) an optimized management solution for all the accounts they have opened on third-party applications (the “MalouApp Services”). Malou also offers a digital marketing support activity using the Application (the “MaloucoPilot Services”).

The MalouApp Services and the MaloucoPilot Services together constitute the “Services”. The purpose of these general conditions (“the General Conditions”) is to define the terms and conditions of use of the Services offered by Malou as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time on the Customer's Personal Space accessible on the Application. They may be supplemented by special conditions (the “Quotation”), including the duration of its contractual commitment, the list of Services subscribed as well as their financial conditions, which, in case of contradiction, prevail over the General Conditions, and together form the contract.

2. Operator of the Application and Services, contact
The Application and the Services are operated by the company Malou-Food Marketing, SAS
registered with the Créteil Trade and Companies Register under number 832 965 255, whose head office is located 35, avenue du Maréchal de Lattre in Charenton-le-Pont (94220).

Malou can be contacted at the following address: contact@malou.io

3. Access to the Application and Services
3.1 Legal capacity
The Application and the Services are accessible:
- To any natural person with full legal capacity to engage in
title of these General Terms and Conditions. A natural person who does not have full legal capacity can access the Application and the Services only with the agreement.
of its legal representative.
- To any legal person acting through a natural person who has
legal capacity to contract in the name and on behalf of the person
moral.
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3.2 Application and Services for professionals
The Application and the Services are intended exclusively for professionals, understood as
all natural or legal persons exercising a paid activity in a non-remunerated manner
occasional in all sectors of activity in industry and commerce.
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4. Acceptance of the Quotation and the General Conditions
4.1 Acceptance of the Quotation
Prior to any provision of Services, it is the Customer's responsibility to provide Malou with
useful information and documents to enable him to identify his needs and expectations.
On this basis, Malou will draw up a Quotation that she will send him by email, indicating in particular the duration of the Contract, the content of the Services, and their price.
The Customer who wishes to use the Services must validate the Quotation, within the period specified in it, by any useful written means and in particular by email. At the end of this period, the Quotation will be void.
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4.2 Acceptance of the General Conditions
Acceptance of these General Terms and Conditions by the Customer is evidenced by the signature of the Quotation to which they are attached.
This acceptance can only be full and complete. All memberships subject to reservation are
considered null and void. The Customer who does not agree to be bound by the
These General Terms and Conditions must not access the Application or use the Services.
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5. Registration on the Application and Services‍
5.1 The use of the Services requires the Customer to register on the Application. The Customer must provide all the information marked as mandatory, in particular his name, first name, professional email address and password. The Customer acknowledges and accepts that the email address entered on the registration form constitutes his login ID.

As part of the MaloucoPilot Services, the Customer's registration on the Application will be
made directly by Malou.
Any incomplete registration will not be validated.

Registration leads to the opening of an account in the name of the Customer (the “Account”),
giving access to a personal space (the “Personal Space”) which allows him to manage his use of the Services in a form and according to the technical means that Malou considers most appropriate to provide these Services.

5.2 The Customer guarantees that all the information he gives in the registration form is accurate, up to date and truthful and is not misleading.
He undertakes to update this information in his Personal Space in the event of
modifications, so that they always correspond to the above criteria.
The Customer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Customer is binding upon validation.

5.3 The Customer can access his Personal Space at any time after having identified himself using his login ID and password.
The Customer undertakes to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility for them.

He is also responsible for maintaining the confidentiality and security of his username and password, any access to the Application using these being deemed to be carried out by the Customer. He must immediately contact Malou if he notices that his Account has been used without his knowledge. It recognizes Malou's right to take all appropriate measures in such cases.

6. Specific procedures for registering for MaloucoPilot Services.‍
Registration for MaloucoPilot Services requires the Customer to:
- Either registered on the Application in accordance with the article “Registration on the Application”,
- Accept these General Conditions, acceptance materialized by the signature of the Quotation to which they are attached.

7. Duration
The Services provided for herein are subscribed by the Customer in the form of a subscription (the “Subscription”), the effective date and duration of which are indicated in the Quotation (the “Initial Period”).

This Subscription will then be renewed tacitly for periods of the same duration as the Initial Period, unless terminated by either party sent to the other party by registered letter with acknowledgement of receipt at least three months before the expiry of the Initial Period.

Once the Subscription is renewed, it may be cancelled by either party,
subject to a notice of at least three months before the expiry of the period in question, without prejudice to the other methods of cancellation provided for in the General Conditions.

In any case, the cancellation of the Subscription is made by email and takes effect at the end of the Subscription period during which the request is sent. In the event of a modification by the Customer of the offer subscribed during the Subscription, under the conditions described in the article “Modification of the Subscription”, the effective date and the duration of the new Subscription will be indicated in the new Quotation accepted by the Customer.

8. Services‍
8.1 Description of the MalouApp Services
The MalouApp Services offered by Malou and subscribed by the Customer are defined in the Quotation. Their purpose is to provide an optimized management solution for their accounts on various third-party applications.

In particular, Malou undertakes to provide the Customer with a personalized assessment of its
online performance and its gain in visibility every 4 weeks from the date of registration, and throughout its duration, subject to having previously received from the Customer all the documents requested by it, and in particular its identifiers and access codes to the various platforms necessary for the proper implementation of the Services.

During the contractual relationship, Malou may offer the Customer functionalities
additional features, in particular in the form of a pack, subject to these General Terms and Conditions (the “Additional Features”). The Customer must accept by any written means, in particular by email, the addition of these Additional Features. In case of acceptance, the price of the Additional Features will be added to the price of the Services as provided in the Quotation.

8.2 Description and methods of carrying out the MaloucoPilot Services
8.2.1 Description of MaloucoPilot Services
The MaloucoPilot Services offered by Malou and subscribed by the Customer are defined in the Quotation.
Their purpose is to manage both internally and externally the Customer's digital marketing, who will delegate his referencing, e-reputation and communication on social networks to Malou experts, while himself participating in the improvement of said digital marketing through the Application.

In particular, and according to the conditions set out in the Quotation, Malou undertakes to:
- Define with the Customer a method of local referencing, e-reputation and
communication on social networks,
- Execute the local referencing method,
- Build a social media method with the Customer,
- Animate the Customer's social networks,
- Retroschedule 4 posts per month on Google My Business,
- Retroschedule 10 publications per month on Instagram and Facebook (the “Social Networks”),
- Respond to 4 and 5 star reviews posted by third parties on platforms connected to the Application (the “Platforms”),
- Carry out a photo shoot according to the deadline referred to in the Quote,
- Conduct a personalized assessment of the Customer's online performance and its gain in visibility every 4 weeks from registration, and throughout the
duration of the Subscription, subject to having previously received from the Customer all the documents requested by Malou, and in particular its identifiers and access codes to the various platforms necessary for the proper implementation of the MaloucoPilot Services.
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As part of the MaloucoPilot Service, the Customer entrusts Malou with carrying out actions on his Instagram account (s). The Customer therefore undertakes not to use any third-party application or service that may interfere with the Instagram network, such as statistical or audience measurement tools.

Le Client s’engage à ne pas se connecter sur son ou ses compte(s) Instagram à partir de plus d'un accès mobile afin d’éviter le blocage ou la suspension de son ou ses compte(s). Le Client reconnaît et accepte que les actions mises en place par Malou dans le cadre du Service sont optimisées et maximisées de façon à servir l’intérêt du Client même si elles peuvent être susceptibles, notamment en cas de non-respect par le Client des engagements précités (tel que ne pas réaliser d’actions de son côté), d’entrainer la suspension ou le blocage parInstagram de son ou ses compte(s).

8.2.2 Specific methods of carrying out MaloucoPilot Services
All the methods of carrying out the MaloucoPilot Services are defined in the Quotation.

However, the following has already been agreed upon:
Following the Customer's registration for MaloucoPilot Services:
- The Customer will be put in touch with the Malou onboarding team in order to put
place the MaloucoPilot Services, and in particular to check the Customer's registration for
platforms necessary for the implementation of the MaloucoPilot Services and for the configuration of these platforms as referred to in the Quotation;
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- The Customer will then be assigned an account manager with whom he will define in
Common the method of referencing, e-reputation and communication on
social networks to be run under MaloucoPilot Services. This bet
in relation to the account manager will be made during two separate telephone calls entitled “mission 1 launch” and “mission 2 launch”.

As part of the implementation of the MaloucoPilot Services, Malou will in particular be required to manage the Customer's social networks, and in particular to write and publish publications (the “Publications”):
- Malou will send draft Publications to the Client no later than 72 hours before the date scheduled for their online publication;
- The Customer may indicate to Malou any changes that it considers necessary up to 24 hours before the scheduled date for putting the Publications online, within the limit of 2 round trips between the Customer and Malou;
- After this period, the draft Publications will be considered to have been validated and accepted by the Customer;
- Malou will thus be able to put the Publications online on the scheduled date.As part of the implementation of the Malou Copilot Services, Malou will also be required, according to the deadline referred to in the Quotation, to carry out a photo shoot for the Customer for the purpose of creating content for (the “Shooting”):

Dans le cadre de la réalisation des Services Malou Copilot, Malou sera également amenée, selon l’échéance visée dans le Devis, à réaliser pour le Client un shooting photo aux fins de création de contenus pour (le « Shooting ») :
- The date of the first Shooting will be fixed during the onboarding phase, and the Shootings
The following will be decided in consultation between the Customer and the account manager of
Malou during the Subscription according to the deadline referred to in the Quotation,
- Malou will send a Brief Shooting to the Customer no later than 24 hours before said
Shooting;
- In case of disagreement with the Shooting brief, the Customer must inform Malou
imperatively before the start of the Shooting;
- During the Shooting, the Customer must respect the instructions contained in this brief and
the photographer's instructions. In the absence of compliance by the Customer with these instructions,
Malou cannot be held responsible for the Customer's dissatisfaction with
Shooting result;
- Following this Shooting, Malou will send the Customer within 72 hours, the
number of photos taken as indicated in the Quotation (the “Photos”). These photos
will be available for download directly in the “Gallery” tab of
the Application;
- Within 10 days from the transmission of the Photos to the Customer, the Customer may ask Malou for the necessary modifications and/or retouching of the Photos within the limit of 2 requests for retouching a maximum of 2 requests for retouching;
- If the Shooting does not suit the Customer in its entirety, after having indicated the
reasons by email to Malou within 10 days, Malou can suggest again to
Customer the holding of a new Shooting. No shooting can be granted in the event of non-compliance by the Customer with the instructions of the brief and the photographer;
- After the above deadline, the Photos will be considered to have been validated and
accepted by the Customer;
- Malou will thus be able to use the Photos for the purposes of creating
Services.
In case of cancellation of the Shooting by the Customer:
- Less than 24 hours before the Shooting:
▪ Cancellation fees will be invoiced on a fixed and final basis, at
height of:
- in case of cancellation between 24 and 12 hours before the Shooting: €180 excluding VAT;
- in case of cancellation less than 12 hours before the Shooting: €250 excluding VAT;
▪ The customer will have to book and reschedule a new shooting as soon as possible
as soon as possible according to the conditions communicated to him by Malou; - More than 24 hours before the Shooting:
- Plus de 24 heures avant le Shooting :
▪ The Customer will be able to reprogram a new Shooting within the limit of a single
rescheduling by period as referred to in the Question.In the event of cancellation of the Shooting by Malou, Malou must offer the Customer the holding of a
En cas d’annulation du Shooting par Malou, Malou devra proposer au Client la tenue d’un nouveau Shooting dans les meilleurs délais.
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8.3 Hosting the Application
Malou undertakes to ensure, in accordance with an obligation of means, the hosting of the Accounts and any content published by the Customer on his Account in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting provider, exercising its activity in accordance with the practices of the profession and the state of the art. In this context, Malou undertakes to provide the Customer with storage and processing capacities.

8.4 Technical Support
Malou offers the Customer technical assistance accessible by email at the following address: contact@malou.io, allowing him to declare any difficulty encountered when using the Services.

8.5 Other Services
Malou reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it considers most appropriate to provide these Services.

9. Financial conditions
9.1 Prices and terms of payment
In return for the Services provided for herein, the Customer undertakes to pay Malou the subscription price indicated on the Application when registering, or in the Quotation as well as, where applicable, the price of the Additional Features that have been the subject of a written agreement (the “Price”).

The Customer is informed and accepts that the first month of subscription will be charged as soon as the confirmation of the creation of his Account.
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Other payments will take place by automatic debit, every 4 weeks from the date of the subscription.
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Any Subscription period started is due in full.
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The Price of the Services is paid to Malou by SEPA direct debit, through a secure payment provider who alone keeps the Customer's bank details for this purpose.
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The Prices referred to above are the subject of invoices communicated to the Customer by any written means, and in particular by email.Malou reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose to the Customer promotional offers or price reductions, which may appear in the Quotation.

Malou se réserve la possibilité, à sa libre discrétion et selon des modalités dont elle sera seule juge, de proposer au Client des offres promotionnelles ou des réductions de prix, qui pourront figurer dans le Devis.
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9.2 Currency and exchange rates
Unless otherwise stated, the Prices are expressed in euros and excluding taxes.
When the calculation of the Price requires the application of an exchange rate, the applicable rate is that of the date of payment of the Price, the Customer must bear all possible applicable exchange costs.
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9.3 Price Review
The Price of the Services may be revised by Malou, applicable as of the tacit renewal of the Subscription in accordance with the terms and conditions provided for in the “Duration” article.

Malou undertakes to inform the Customer of the modification of the Prices by any written means at least 2 months before the entry into force of the new rates.
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If the Customer does not accept the new Prices, he must cancel his Subscription in accordance with the terms and conditions provided for in the “Duration” article in order to prevent its tacit renewal.
The Customer is deemed to have accepted the new Prices if, after their entry into force, he uses the Services.
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9.4 Modifying the Subscription
The Customer can make a request to change their Subscription by contacting MALOU at the following address: compta@malou.io.
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- Modification to subscribe to MaloucoPilot Services
This upward modification of the Subscription is effective the month following the month
Subscription during which the modification request is made by the Customer and will be the subject of a new Quotation as described in the article “Acceptance of the Quotation”.
The price of the MaloucoPilot Subscription indicated in the new Quotation, for the portion corresponding to the unexpired Subscription period, is paid as of the monthly deadlines following the acceptance of said Quotation.
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- Modification to subscribe to MalouApp Services
The Customer acknowledges and accepts that he can modify his MaloucoPilot Subscription by
MalouApp subscription exclusively subject to subscribing to the Subscription
MalouApp for a new period allowing MALOU to bill the Customer for the remaining amount of the initial MaloucoPilot Subscription to which the Customer was committed. This new Subscription period for the MalouApp Services will be indicated in the new Quotation, as described below.
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With regard to the services provided by MALOU as part of the MaloucoPilot Services, the Customer acknowledges and accepts that he can only change his MaloucoPilot Subscription into a MalouApp Subscription at the end of a period of 4 months from the date of the last Shooting organized as part of the MaloucoPilot Services (the “Shooting Date”).

Thus, if the Customer wishes to change his MaloucoPilot Subscription for the Subscription
MalouApp, this change (i) will only be effective at the end of the 4 months following the Shooting Date and (ii) will be the subject of a new Quote as described in the article “Accepting the Quote”.
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The price of the MalouApp Subscription indicated in the new Quotation will therefore be paid monthly by the Customer at the end of the period of 4 months following the Shooting Date.
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9.5 Delays and defaults in payments
By express agreement between the parties, any delay in payment of all or part of an amount due to Malou on its due date under its Subscription, understood as a failure of its SEPA direct debit, will automatically result, without prejudice to the provisions of the article “Sanction for breaches” and as early as the day following the payment date on the invoice:
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- The forfeiture of the term of all amounts due by the Customer and their
due immediately, regardless of the payment terms that had been
planned;
- The immediate suspension of his Subscription until full payment of
all amounts due;
- The invoicing in favor of Malou of late interest, due solely to the fact of
the maturity of the contractual term, at the rate of 3 times the legal interest rate, based on the
amount of the debt not paid by the due date and a fixed compensation of €40 for recovery costs, without prejudice to compensation
additional if the recovery costs actually incurred exceed this amount.

The Customer will have a period of one month to update his bank details in the event of expiration of his payment method. Otherwise, Malou will be entitled to terminate its Subscription and/or to enforce this clause.

10. Proof agreement
The Customer acknowledges and expressly accepts:
- that the data collected on the Application and the computer equipment of
Malou attest to the reality of the transactions carried out hereunder,
- that these data constitute the main form of proof admitted between the parties,
in particular for the calculation of the amounts due to Malou.
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11. Malou's obligations and responsibilities
Without prejudice to the other obligations provided for in the General Conditions, Malou undertakes to comply with the following obligations: - Malou undertakes to perform its obligations diligently and according to the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Customer expressly recognizes and accepts.

- Malou s’engage à exécuter ses obligations avec diligence et selon les règles de l’art, étant précisé qu’il pèse sur elle une obligation de moyens, à l’exclusion de toute obligation de résultat, ce que le Client reconnaît et accepte expressément.
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- Malou undertakes to use the information, documents, data and more generally all the elements that may be transmitted to it by the Customer only for the purposes of carrying out these terms and not to disseminate or share them with any third party whatsoever, unless requested or expressly agreed by the Customer.
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- Malou undertakes to provide the Customer with competent staff and to provide him with the advice, warnings and information necessary for the proper execution of the Services. It also undertakes to inform the Customer of any foreseeable difficulty, in particular as regards a difficulty in carrying out the Services.
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- Malou certifies that she holds an insurance policy guaranteeing her professional civil liability. It undertakes to maintain this insurance policy in force for the duration of the Services.
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- Malou's intervention is limited to the sole provision of the Services, to the exclusion of all others. As such, the Customer acknowledges and accepts that the Services are provided to him.
personally, Malou does not intervene in any way in the relationships between the Customer and his own customers, or any other third party, does not maintain any relationship with them and does not provide them with any service.
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The Customer undertakes to put Malou out of the way in any disputes or disputes between these persons and to make it his personal responsibility to resolve them.
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- The services defined herein are provided by Malou as is and without warranty of any kind, express or implied. In particular, Malou does not guarantee to the Customer (i) that the Services, subject to constant research to improve their performance and progress in particular, will be completely free of errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole purpose of the Customer and in no way offered for the sole purpose of the Customer according to his own personal constraints, will specifically meet his needs and expectations.
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- In any event, Malou does not offer any guarantee as to any volume of business that would be generated by the Customer thanks to the Services.
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In any event, the liability that may be incurred by Malou hereunder is expressly limited to the sole direct damage suffered by the Customer and to the annual amount of his current Subscription.
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12. Customer obligations and guarantees
The Customer undertakes, in its use of the Services, to respect these General Conditions as well as the laws and regulations in force, and not to infringe the rights of third parties or public order. The Customer undertakes to provide Malou with all the documents, elements, data and information necessary to fulfill Malou's obligations, and in particular its identifiers and

Le Client s’engage à fournir à Malou tous les documents, éléments, données et informations nécessaires à la réalisation des obligations de cette dernière, et notamment ses identifiants et mots de passe de connexion aux plateformes nécessaires à la bonne réalisation des Services.

Plus généralement le Client s’engage à coopérer activement avec Malou en vue de la bonne exécution des Services, à respecter les délais visés dans le Devis, les délais relatifs aux Publications, au Shooting et aux Photos, ainsi que les présentes Conditions Générales, et à l’informer dans les plus brefs délais de toutes difficultés liées à cette exécution. Tout retard imputable au Client décalera d’autant l’éventuel calendrier de réalisation des Services.

The Customer declares to have received from Malou, prior to the signing of these terms and conditions, all advice, instructions and details necessary for him to take out his Subscription in full knowledge of the facts, that he thus has sufficient knowledge of his Services, as they appear on the Application and in the Quotation, and that he has, prior to the signing of these terms and conditions, and that he has, prior to the signing of this Agreement, sufficiently communicated with Malou to ensure that his Services correspond to his expectations, needs and constraints.

The Customer acknowledges that the Services offer him an additional, non-alternative, commercial and marketing development solution and that this solution cannot be a substitute for the other means that he may have elsewhere to achieve the same objective.

The Customer is solely responsible for content of any kind (editorial, graphic, graphic, audio, audiovisual or other), and in particular for Publications and Photos, that it publishes, directly or through Malou, on the Application and/or on the Platforms and/or on the Platforms and/or Social Networks (the “Contents”) and for any resulting consequences. The Customer is thus alone
responsible for any request for the withdrawal of these Publications and/or Photos from third parties.

The Customer accepts that the Content published on the Application is made public by default and is likely to be seen by other users of the Application.
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The Customer guarantees Malou that it has all the rights and authorizations necessary for the distribution of this Content. He undertakes that said Content is lawful, does not infringe public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way likely to bring into play Malou's civil or criminal liability.
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The Customer is thus prohibited from distributing, in particular and without this list being exhaustive:
- paedopornographic, pornographic, defamatory, defamatory, offensive, racist content,
- infringing Content,
- Content that is harmful to the image of a third party,
- Content that is false, misleading or offering or promoting illegal, fraudulent or deceptive activities,
- and more generally Content that may infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

The Customer guarantees Malou against any complaints, claims, actions and/or claims of any kind that it may suffer as a result of the violation, by the Customer, of any of its obligations under the General Conditions. The Customer undertakes to pay Malou all costs, charges and/or sentences that it may have to bear as a result.

13. Reciprocal information between the parties
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The parties undertake, during the term of this Agreement, to cooperate actively and in good faith in order to perform the Services and to keep each other informed of any difficulties related to this execution.
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14. Penalties for breaches
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In the event of a breach of any of the provisions of the General Conditions, or more generally, of a violation of laws and regulations by the Customer, Malou reserves the right to take any appropriate measure and in particular to:
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- suspend, delete or prevent access to the Application and to the Customer Services,
who committed or participated in the breach or offense,
- remove any Content in connection with the breach or offense in question, by
- take all appropriate measures and take legal action,
- notify the competent authorities, cooperate with them and provide them with
all information useful in the investigation and suppression of illegal activities or
illicit. The Customer is informed and accepts that any breach of his obligations may result, in addition to the consequences provided for above, in the immediate resolution of his Subscription by Malou by any written means.

Le Client est informé et accepte que tout manquement à ses obligations pourra entraîner, outre les conséquences prévues ci-dessus, la résolution immédiate de son Abonnement par Malou par tout moyen écrit.
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15. Confidentiality
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Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party to which it would be a recipient, which will be expressly identified by the other party as being confidential. With regard to Malou, the parties already expressly agree that this confidentiality obligation covers the personal data that it will be required to process for the Customer as part of the Services.

All of this information is referred to hereinafter as “Confidential Information”. The party that receives Confidential Information undertakes not to disclose it without the prior agreement of the other party, for a period of 3 years from the end of the execution of the Services concerned. It will not be able to transmit them to employees, collaborators, interns or

La partie qui reçoit des Informations Confidentielles s’engage à ne pas les divulguer sans accord préalable de l’autre partie, pendant une durée de 3 ans à compter de la fin de l’exécution des Services concernés. Elle ne pourra les transmettre à des employés, collaborateurs, stagiaires ou conseils que s’ils sont tenus à la même obligation de confidentialité que celle prévue aux présentes.

This obligation does not extend to documents, items, data and information:
(i) of which the receiving party was already aware;
(ii) already public at the time of their communication or that would become public without violating the General Conditions;
(iii) that would have been lawfully received from a third party;
(iv) whose communication would be required by the judicial authorities, in accordance with the laws
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Confidential Information, as well as identifiers and access codes to Platforms and/or Social Networks, may be transmitted to employees, collaborators, interns, agents and co-contractors of Malou, provided that they are subject to the same confidentiality obligation.
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16. Intellectual property
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16.1 The systems, software, structures, infrastructures, infrastructures, databases and content of any kind (templates, texts, texts, texts, images, visuals, music, logos, brands, databases, etc...) operated by Malou on its Site and its Application are protected by all intellectual property rights or rights of database producers in force. All disassembling, decompiling, decrypting, extractions, extractions, re-uses, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Malou are strictly prohibited and may be subject to legal proceedings.
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16.2 As part of the execution of the Services, MALOU will be required to provide the Customer with deliverables and in particular Publications, Photos and documents that may be protected by copyright (the “Creations”).
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The Creations provided by MALOU as part of the provision of the Services are protected by all intellectual property rights in force and remain the exclusive property of MALOU.

Under these terms, the Customer only benefits from a simple license to use the
Creations transmitted by MALOU, for the entire legal period of copyright protection and for the entire world and for the sole purpose of carrying out these terms and conditions.
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Therefore, the Customer is authorized to use the Creations only on the website and social networks as referred to in the Quotation, for exclusively professional use.

Any other use must be subject to the prior written agreement of MALOU through the signing of a Quotation separate from that relating to the Services.
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16.3 For the purpose of performing the Services and for a period limited to their duration, the Customer grants Malou a free, non-exclusive and non-transferable right to use its previous rights, and in particular on its brands and logos, for the whole world.

The Customer is informed that this license is essential for the proper execution of
Services.

17. Authorization to broadcast Customer testimonies
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During the duration of his Subscription, the Customer authorizes Malou to use the testimonies that he publishes on the Site, on the Application, his social networks or Malou's social networks (the “Testimonies”) for the promotion of the Services and the Application, in accordance with the following modalities:

- He agrees that his Testimonies may be distributed free of charge by Malou on his social networks and/or on his Site, as well as on any other French or foreign websites, published by all companies with which Malou has agreements,
- He agrees that his Testimonies may be disseminated by Malou by any means and on any medium for the purposes of promoting the Site and the Application, - He accepts that his Testimonies be translated into all languages,
- Il accepte que ses Témoignages soient traduits en toutes langues,
- He acknowledges and accepts that his Testimonies may be subject to changes,
in particular as regards their framing, format and colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Site,
- He renounces asking Malou for any remuneration, royalties, compensation or

18. Données à caractère personnel

Dans le cadre de l’exécution de ses obligations, Malou peut être amenée à traiter des données à caractère personnel.

La manière dont Malou traite les données à caractère personnel est décrite dans la Politique de Protection des données personnelles.
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19. Force majeure
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The parties expressly and mutually authorize each other to use their respective names, brands and logos as well as references from their websites, as commercial references, on any medium and in any form whatsoever, during the duration of the Subscription and 3 years after its term.

20. Références commerciales

Les parties s’autorisent expressément et mutuellement à faire usage de leurs noms, marques et logos respectifs ainsi que des références de leurs sites internet, à titre de références commerciales, sur tout support et sous quelque forme que ce soit, pendant la durée de l’Abonnement et 3 ans après son terme.

21. Third-party links and sites
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Malou can in no way be held responsible for the technical availability of websites operated by third parties (including any partners) that the Customer would access through the Application.

Malou n'endosse aucune responsabilité au titre des contenus, publicités, produits et/ou services disponibles sur de tels sites tiers dont il est rappelé qu’ils sont régis par leurs propres conditions d’utilisation.

Malou n'est pas non plus responsable des transactions intervenues entre le Client et un quelconque annonceur, professionnel ou commerçant (y compris ses éventuels partenaires) vers lequel le Client serait orienté par l'intermédiaire de l’ Application et ne saurait en aucun cas être partie à quelques litiges éventuels que ce soit avec ces tiers concernant notamment l’achat de produits et/ou services, les garanties, déclarations et autres obligations quelconques auxquelles ces tiers sont tenus.

22. Publicity
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Malou reserves the right to insert on any page of the Application and in any communication to Customers any advertising or promotional messages in a form and under conditions of which it will be the sole judge.

23. Subcontracting
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Malou reserves the right to use subcontractors in order to provide the Services. In this case, Malou undertakes to ensure that its subcontractors comply with the same contractual obligations as those to which it is subject under these General Terms and Conditions.

The parties acknowledge and expressly accept that, in the event that these subcontractors are required to process personal data, the provisions of article « Données à caractère personnel »“Personal Data” will apply.
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24. Social regulations
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Malou declares to comply with the tax and social legislation in force, to be up to date with the payment of social security contributions and to be in a position to provide proof of compliance with the various obligations applicable in this area, at the request of the Customer. Malou must provide the Customer, at the Customer's request and as often as necessary, until the end of his Subscription, with the following documents: (i) an identification card justifying registration in the trade register or an extract from the registration in the Trade and Companies Register dated less than 3 months (K or KBIS extract), or equivalent for a foreign company,
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Malou devra obligatoirement fournir au Client, sur demande de celui-ci et aussi souvent que nécessaire, jusqu’à la fin de son Abonnement, les documents suivants :

(i) une carte d’identification justifiant de l’immatriculation au registre des métiers ou un extrait de l’inscription au registre du Commerce et des Sociétés daté de moins de 3 mois (extrait K ou KBIS), ou équivalent pour une société étrangère,
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(ii) a certificate of provision of social declarations from the organization of
social protection responsible for the collection of contributions and social contributions incumbent on Malou, (iii) a sworn certificate, under which Malou certifies that, on the date of the certificate, all mandatory tax declarations have been filed with the tax authorities, and that the work will be carried out with employees regularly employed under the Labour Code.25. Modifications Malou reserves the right to modify these General Conditions at any time.

(iii) une attestation sur l’honneur, en vertu de laquelle Malou certifie avoir déposé auprès de l’administration fiscale, à la date de l’attestation, l’ensemble des déclarations fiscales obligatoires, et que le travail sera réalisé avec des salariés régulièrement employés au regard du Code du travail.

25. Modifications

Malou se réserve la faculté de modifier à tout moment les présentes Conditions Générales.
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The Customer will be informed of these changes by any useful means.
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The Customer who does not accept the amended terms and conditions must cancel their Subscription under the terms of the “Duration” article.

Any Customer who uses the Application or the Services after the entry into force of the amended terms and conditions is deemed to have accepted these changes.

26. Applicable law and jurisdiction

Les Conditions Générales sont soumises au droit français et seront régies et interprétées selon ce droit. En cas de litige entre les parties concernant leur validité, leur interprétation ou leur exécution, les parties s’efforceront de régler leur différend à l’amiable.

A défaut d’accord amiable dans le mois suivant la première notification adressée par une partie à l’autre concernant le différend concerné, par tout moyen écrit, celui-ci sera soumis à la compétence exclusive des tribunaux deParis (France), sauf règle de procédure impérative contraire.