General conditions of use

Malou - Food Marketing

Commercial Register of Créteil under the n°832 965 25535 avenue du Maréchal de Lattre de Tassigny, 94220 Charenton-le-Pont

Entry into force: December 2025
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1. Object
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The company Malou-Food Marketing ("Malou") operates an application accessible from thewebsite https://app.malou.io ("the Application"), through which it offers its clients ("Clients") anoptimized management solution for all accounts they have opened on third-party applications("MalouApp Services"). Malou also offers digital marketing support using the Application("MalouCopilot Services"). The MalouApp Services and the MalouCopilot Services together constitute the "Services."

These general terms and conditions ("the General Conditions") aim to define the terms and conditions of use of the Services offered by Malou and to establish the rights and obligations of the parties in this context.

They are accessible and printable at any time on the Client's Personal Space accessible on theApplication. They may be supplemented by specific conditions (the "Quote"), including the duration of its contractual commitment, the list of subscribed Services, and their financial conditions, which, in case of contradiction, prevail over the General Conditions and together formthe contract.

2. Operator of the Application and Services, Contact
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The Application and Services are operated by the company Malou-Food Marketing, a simplified joint-stock company registered with the Commercial Register of Créteil under number 832 965255, with its registered office located at 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
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3.1 Legal capacity
The Application and the Services are accessible:
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-To any natural person with full legal capacity to commit under these General Conditions. A natural person who does not have full legal capacity can only access the Application and Services with the agreement of their legal representative.

-To any legal entity acting through a natural person with the legal capacity to contract on behalf and for the account of the legal entity
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3.2 Application and Services intended for Professionals
The Application and Services are exclusively intended for professionals, defined as any natural or legal persons engaged in a remunerated activity on a non-occasional basis in all sectors of industry and commerce.
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4. Acceptance of the Quote and the General Conditions
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4.1 Acceptance of the Quote
Prior to the provision of any Services, it is the responsibility of the Client to provide Malou with the necessary information and documents to enable the identification of their needs and expectations.

Based on this information, Malou will prepare a Quote, which will be sent to the Client by email, specifying the duration of the Contract, the content of the Services, and their price.

The Client wishing to use the Services must validate the Quote within the specified time frame, using any useful written means, including email. Upon expiration of this period, the Quote will be void.
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4.2 Acceptance of the General Conditions
The Client's acceptance of these General Conditions is materialized by the signature of the Quote to which they are attached. This acceptance can only be full and complete. Any conditional acceptance is considered null and void.

The Client who does not agree to be bound by these General Conditions should not access the Application or use the Services.
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5. Registration on the Application and for the Services
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5.1 The use of the Services requires the Client to register on the Application. The Client must provide all information marked as mandatory, including their name, first name, professional email address, and password. The Client acknowledges and accepts that the email address entered in the registration form constitutes their login identifier.

In the context of MalouCopilot Services, the Client's registration on the Application will be carried out directly by Malou.

Any incomplete registration will not be validated.

Registration results in the opening of an account in the Client's name (the "Account"), providing access to a personal space (the "Personal Space") that allows them to manage their use of the Services in a form and through technical means that Malou deems most appropriate to provide said Services.

5.2 The Client guarantees that all the information provided in the registration form is accurate, up-to-date, and sincere and is not characterized by any deceptive nature.

They commit to updating this information in their Personal Space in case of any changes, ensuring that it always meets the aforementioned criteria.

The Client is informed and accepts that the information entered for the creation or update of their Account serves as evidence of their identity. The information entered by the Client commits them upon validation.

5.3 The Client can access their Personal Space at any time after identifying themselves using their login identifier and password.

The Client undertakes to personally use the Services and not allow any third party to use them on their behalf or for their account, except at their own full responsibility.

They are also responsible for maintaining the confidentiality and security of their login identifier and password, with any access to the Application using these credentials being deemed to be made by the Client. The Client must immediately contact Malou if they notice that their Account has been used without their knowledge. They acknowledge Malou's right to take appropriate measures in such cases.

6. Specific Registration Terms for MaloucoPilot Services
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Enrollment in MalouCopilot Services requires that the Client:
-Be registered on the Application in accordance with the "Registration on the Application"article,
-Accept these General Conditions, acceptance materialized by the signature of the Quoteto which they are attached.

7. Duration
The Services provided herein are subscribed to by the Client in the form of a subscription (the "Subscription"), the effective date and duration of which are indicated in the Quote (the "Initial Period").

This Subscription will then automatically renew for periods of the same duration as the Initial Period, unless terminated by either party giving written notice to the other party by registered letter with acknowledgment of receipt at least three months before the expiration of the InitialPeriod.

The Subscription is automatically renewed for periods of the same duration as the Initial Period. The Subscription may be terminated at the end of each period. Notice of termination must be given by registered letter with acknowledgment of receipt at least three (3) months before the expiry date of the current period.

In any case, the termination of the Subscription is done 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 Client of the subscribed offer during the Subscription, as described in the "Modification of the Subscription" article, the effective date and duration of the new Subscription will be indicated in the new Quote accepted by the Client.

8. Service
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8.1 Description of MalouApp Services
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The MalouApp Services offered by Malou and subscribed to by the Client are defined in the Quote.

They aim to provide an optimized management solution for the Client's accounts on various third-party applications.

Malou undertakes, in particular, to provide the Client with a personalized assessment of their online performance and visibility gain every 4 weeks from the date of their registration and throughout its duration, provided that Malou has previously received all the documents requested by the Client, including their credentials and access codes to the various platforms necessary for the proper provision of the Services.

During the contractual relationship, Malou may offer the Client additional features, in particular in the form of a pack, subject to these General Conditions (the "Additional Features"). The Client must accept the addition of these Additional Features by any written means. In the event of acceptance, the price of the Additional Features will be added to the price of the Services paid by the Client under the conditions initially stipulated.

8.2 Description and methods of carrying out the MaloucoPilot Services
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8.2.1 Description of MaloucoPilot Services

The MalouCopilot Services offered by Malou and subscribed to by the Client are defined in the Quote.

They aim to manage both the internal and external aspects of the Client's digital marketing, where the Client delegates their SEO, online reputation, and social media communication to Malou's experts while actively participating in the improvement of digital marketing through the Application.

Malou undertakes, particularly, and according to the conditions specified in the Quote, to:
-Define with the Client a method for local SEO, online reputation, and social media communication.
-Implement the local SEO method.
-Collaborate with the Client to create a social media method.
-Manage the Client's social media presence.
-Create a schedule for 4 posts per month on Google My Business.
-Create a schedule for 10 posts per month on Instagram and Facebook (the "Social Media").
-Respond to 4 and 5-star reviews posted by third parties on platforms connected tothe Application (the "Platforms").
-Conduct a photo shoot as per the specified timeframe in the Quote.
-Provide a personalized assessment of the Client's online performance and visibility gain every 4 weeks from the date of registration and throughout the Subscription, provided that Malou has previously received all the documents requested by the Client, including their credentials and access codes to the various platforms necessary for the proper provision of MalouCopilot Services.

As part of the MalouCopilot Service, the Client entrusts Malou with the execution of actions on their Instagram account(s). Consequently, the Client agrees not to use third-party applications or services that may interfere with the Instagram network, such as statistical or audience measurement tools.

The Client also commits, during the term of these conditions, not to take any action on their Instagram account(s) (follow, like, etc.) to avoid exceeding the limits set by the Instagram network. The Client agrees not to log into their Instagram account(s) from more than one mobile access point to prevent the blocking or suspension of their account(s). The Client acknowledges and accepts that the actions implemented by Malou as part of the Service are optimized and maximized to serve the Client's interest, even if they may lead to the suspension or blocking of the Client's account(s) by Instagram, particularly in the event of theClient's non-compliance with the aforementioned commitments (such as not taking actions on their side).

8.2.2 Specific methods of carrying out MaloucoPilot Services
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All the details regarding the execution of MalouCopilot Services are defined in the Quote.

However, it is already agreed as follows:

Following the Client's registration for MalouCopilot Services:
-The Client will be connected with Malou's onboarding team to set up MalouCopilotServices. This includes verifying the Client's registration on platforms necessary for the provision of MalouCopilot Services and configuring these platforms as specified in the Quote.
-Subsequently, the Client will be assigned an account manager with whom they will jointly define the method for SEO, online reputation, and social media communication to be executed under MalouCopilot Services. This connection with the account manager will take place during two separate phone calls titled "mission launch 1" and "mission launch 2."

In the course of providing MalouCopilot Services, Malou will, among other things, manage the Client's social media presence and create and publish posts ("Publications"):
-Malou will send draft Publication projects to the Client no later than 72 hours before the scheduled publication date.
-The Client can suggest any modifications they consider necessary to Malou up to 24 hours before the scheduled publication date, with a limit of 2 rounds of feedback between the Client and Malou.
-After this period, the draft Publications will be considered as validated and accepted by the Client.
-Malou can then proceed with the online publication of the Posts on the scheduled date.

As part of the MalouCopilot Services, Malou will also, as per the specified timeframe in theQuote, conduct a photo shoot for the creation of content ("Shooting"):

-The date of the first Shooting will be determined during onboarding, and subsequent Shootings will be decided in consultation between the Client and Malou's account manager during the Subscription as per the specified timeframe in the Quote.
-Malou will send a Shooting brief to the Client no later than 24 hours before theShooting.
-In the event of disagreement with the Shooting brief, the Client must inform Malou before the start of the Shooting.
-During the Shooting, the Client must adhere to the instructions in the brief and those of the photographer. Failure by the Client to follow these instructions will mean that Malou cannot be held responsible for the Client's dissatisfaction with the outcome of the Shooting.
-Following the Shooting, Malou will send the Client the number of photos specified in the Quote (the "Photos") within 72 hours. These Photos will be available for direct download in the "Gallery" tab of the Application.
-Within 10 days from the transmission of the Photos to the Client, the Client may request modifications and/or retouching to the Photos, with a limit of 2 revision requests
-If the entire Shooting is not satisfactory to the Client, after indicating the reasons by email to Malou within 10 days, Malou may propose to the Client to conduct a new Shooting. No new shooting will be granted in case of the Client's non-compliance with the brief and photographer's instructions.
-After the aforementioned period, the Photos will be considered as validated and accepted by the Client.
-Malou can then proceed to use the Photos for the provision of Services.

In case of Shooting cancellation by the Client:
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-Less than 24 hours before the Shooting:
▪cancellation fees will be invoiced on a flat-rate and definitive basis, for an amount depending on:
-for cancellations between 24 hours and 12 hours before the Shooting: €180 excluding VAT, excluding for the United States, where the fee will be $360(excluding VAT);
-in the event of cancellation less than 12 hours before the Shooting: €250 excluding VAT, excluding for the United States, where the fee will be $500(excluding VAT);
▪The Client must then book and reschedule a new shooting as soon as possible according to the conditions communicated by Malou.

-More than 24 hours before the Shooting:
▪The Client can reschedule a new Shooting once within the specified period in the Quote.
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In case of Shooting cancellation by Malou, Malou must propose to the Client to conduct anew Shooting as soon as possible.
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8.3 Application Hosting

Malou commits to ensuring, within the terms of an obligation of means, the hosting of the Accounts and any content published by the Client on their Account in accordance with professional standards and state-of-the-art practices. This will be done either on Malou's own servers or through a professional hosting service provider operating in accordance with professional standards and state-of-the-art practices.

Within this framework, Malou pledges to provide the Client with sufficient storage and processing capabilities as part of the Services, in line with professional standards and state-of-the-art practices.

Malou undertakes to implement all technical means, in line with state-of-the-art practices, necessary to ensure the security and access to the Services. This includes the protection and monitoring of infrastructures, control of physical and/or immaterial access to said infrastructures, as well as the implementation of detection, prevention, and recovery measures to protect servers from malicious acts.

Malou also commits to taking all necessary precautions, considering the nature of the data and the risks posed by the automated data processing carried out for the needs of theServices, to preserve the security of the data. This includes preventing data from being distorted, damaged, or accessed by unauthorized third parties.

8.4 Technical Assistance
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Malou offers the Client technical assistance accessible via email at the following address: contact@malou.io. This allows the Client to report any difficulties encountered during the use of the Services..

8.5 Other Services
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Malou reserves the right to offer any other Services that it deems useful, in a form and with features and technical means that it considers most appropriate for the provision of saidServices.

9. Financial conditions
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9.1 Pricing and Payment Terms
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In consideration of the Services provided herein, the Client undertakes to pay Malou the subscription fee indicated on the Application during their registration or in the Quote as well as the price of any Additional Features that have been agreed in writing (the "Price").

The Client is informed and agrees that the first month's subscription will be debited upon the confirmation of the creation of their Account.

Subsequent payments will occur through automatic debit every 4 weeks from the subscription of their Subscription.

Any started Subscription period is due in full.

The Price for the Services is paid to Malou via SEPA direct debit through a secure payment service provider, which alone retains the Client's banking details for this purpose.

The Prices mentioned above are subject to invoices communicated to the Client through any written means, including email.

Malou reserves the right, at its sole discretion and in a manner it deems appropriate, to offer the Client promotional offers or price reductions, which may be included in the Quote.
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9.2 Currency and exchange rates
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Unless otherwise stated, the Prices are expressed in euros and excluding taxes.
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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, with the Client bearing all applicable exchange fees.

9.3 Price Revision

The Price of the Services may be subject to a revision by Malou, applicable from the tacit renewal of the Subscription according to the terms outlined in the "Duration" article.

Malou undertakes to inform the Client of the modification of Prices through any written means at least 4 months before the new rates come into effect.

If the Client does not accept the new Prices, they must terminate their Subscription according to the terms outlined in the "Duration" article to prevent its automatic renewal.

The Client is deemed to have accepted the new Prices if, subsequent to their entry into force, they continue to use the Services.
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9.4 Modification of the Subscription
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The Client has the option to request a modification of their Subscription by contacting MALOU at the following address: compta@malou.io.

- Modification to subscribe to MalouCopilot Services

This upward modification of the Subscription is effective from the month following the month in which the modification request is made by the Client and will be subject to a new Quote as described in the "Acceptance of the Quote" article.The price of the MalouCopilot Subscription indicated in the new Quote, for the portion corresponding to the unexpired Subscription period, is paid from the monthly due dates following the acceptance of said Quote.

- Modification to subscribe to MalouApp Services

The Client acknowledges and agrees that they can change their MalouCopilot Subscription to a MalouApp Subscription exclusively by subscribing to the MalouApp Subscription for a new duration, allowing MALOU to invoice the Client for the remaining amount of the initial MalouCopilot Subscription to which the Client had committed. This new duration for MalouApp Services will be indicated in the new Quote, as described below.

Considering the services provided by MALOU in the context of MalouCopilot Services, the Client acknowledges and accepts that they can only change their MalouCopilot Subscription to a MalouApp Subscription after 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 Client wishes to change their MalouCopilot Subscription to the MalouApp Subscription, this change (i) will only be effective after the 4 months following the ShootingDate and (ii) will be subject to a new Quote as described in the "Acceptance of the Quote"article.

The price of the MalouApp Subscription indicated in the new Quote will consequently be paid monthly by the Client at the end of the 4-month period following the Shooting Date.
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9.5 Delays and defaults in payments
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By express agreement between the parties, any delay in the payment of all or part of a sum due to Malou at its maturity under its Subscription, understood as a failure of its SEPA direct debit, will automatically result, without prejudice to the provisions of the "Sanction forBreaches" article and from the day following the payment date shown on the invoice:

-The forfeiture of the term for all sums due by the Client and their immediate enforceability, regardless of the payment terms that had been provided;

-The immediate suspension of their Subscription until the full payment of all sums  due;

-The billing for the benefit of Malou of late payment interest, due solely by the expiration of the contractual term, at a rate of 3 times the legal interest rate, based on the amount of the unpaid debt at maturity, and a lump-sum indemnity of €40 for collection costs, without prejudice to additional compensation if the actual collection costs incurred exceed this amount.

The Client will have a one-month period to update their banking details in case of expiration of their payment method. Otherwise, Malou will be entitled to terminate their Subscription and/or enforce this clause.

10. Evidence Agreement
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The Customer acknowledges and expressly accepts:
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-That the data collected on the Application and Malou's computer equipment shall serve as evidence of the reality of the transactions carried out under these terms,

-That this data constitutes the primary means of proof accepted between the parties, particularly for the calculation of sums due to Malou.
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11. Malou's Obligations and Liability
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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 commits to using the information, documents, data, and generally all elements that may be transmitted by the Client only for the purpose of executing these terms and not to disclose or share them with any third party without the express request or agreement of theClient.
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-Malou undertakes to provide the Client with competent personnel and to provide the necessary advice, warnings, and information for the proper execution of the Services. It also undertakes to inform the Client of any foreseeable difficulties, particularly in terms of the difficulty of carrying out the Services.
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- Malou certifies that it has professional liability insurance and undertakes to maintain this insurance during the duration of the Services.
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- Malou's intervention is limited to the sole provision of Services, excluding all others. In this regard, the Client acknowledges and accepts that the Services are provided to him personally, and Malou does not intervene in any way in the relationship between the Client and its own customers or any other third party, does not maintain any relationship with them, and does not provide them with any services.
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The Client undertakes to indemnify Malou in all disputes or disputes between said personsand 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 any warranty of any kind, express or implied. Malou does not guarantee, in particular, (i) that the Services, subject to constant research to improve their performance and progress, will be completely free of errors, defects, or faults, (ii) that the Services, being standard and not offered solely for theClient's personal constraints, will specifically meet its needs and expectations.

-Malou offers no guarantee whatsoever regarding any business volume that may be generated by the Client through the Services.

In any case, the liability that may be incurred by Malou under these terms is expressly limited to the direct damages suffered by the Client and the annual amount of its current Subscription.
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12. Client's Obligations and Warranties

The Client undertakes, in their use of the Services, to comply with these General Conditions as well as the laws and regulations in force and not to infringe on the rights of third parties or public order.

The Client agrees to provide Malou with all the documents, elements, data, and information necessary for the fulfillment of its obligations, including its login credentials and passwords for platforms necessary for the proper execution of the Services.

In general, the Client agrees to actively cooperate with Malou for the proper execution of theServices, adhere to the deadlines specified in the Quote, the deadlines for Publications, Shooting, and Photos, as well as these General Conditions, and promptly inform Malou of any difficulties related to this execution. Any delay attributable to the Client will accordingly shift the possible schedule for the completion of the Services.

The Client declares that they have received from Malou, prior to signing these, all necessary advice, instructions, and clarifications to subscribe to their Subscription with full knowledge, that they have sufficient knowledge of the Services, as presented on the Application and in the Quote, and that they have sufficiently exchanged with Malou beforehand to ensure that the Services meet their expectations, needs, and constraints.

The Client acknowledges that the Services offer them an additional, non-alternative solution for commercial and marketing development, and that this solution cannot replace other means they may have elsewhere to achieve the same objective.

The Client accepts that Content published on the Application is made public by default and maybe viewed by other users of the Application.

The Client guarantees to Malou that they have all the necessary rights and authorizations for the dissemination of this Content. They undertake to ensure that said Content is lawful, does not in fringe on public order, good morals, or the rights of third parties, does not violate any legislative or regulatory provisions, and, more generally, is not likely to incur Malou's civil or criminalliability.

The Client is solely responsible for content of any kind (editorial, graphic, audio, audiovisual, or other), including Publications and Photos, that they publish, directly or through Malou, on theApplication and/or on Platforms and/or Social Networks ("Content") and for any consequences that may arise from it. The Client is solely responsible for any third-party requests for the removal of such Publications and/or Photos.

The Client thus refrains from disseminating, including but not limited to:

-Pedopornographic, pornographic, defamatory, injurious, racist, obscene, indecent, shocking, violent, xenophobic, or revisionist Content,
-Counterfeit Content,
-Content that undermines the image of a third party,
-Misleading, deceptive, or Content proposing or promoting illicit, fraudulent, or deceptive activities,
-and, more generally, Content that may infringe on the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.
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The Client indemnifies Malou against any complaints, claims, actions, and/or demands that Malou may suffer due to the violation by the Client of any of its obligations under the GeneralConditions. The Client undertakes to pay Malou all fees, charges, and/or convictions that it mayhave to bear as a result.

13. Mutual Information between the Parties
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The parties undertake, during the term of these agreements, to actively and in good faith cooperate for the execution of 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 case of breach of any provision of the General Terms and Conditions, or more generally, violation of laws and regulations by the Client, Malou reserves the right to take any appropriate measure, including:
-Suspend, delete, or prevent access to the Application and Services for the Client who committed the breach or participated in the offense,
-Remove any Content related to the considered breach or offense, in whole or in part,
-Take all appropriate measures and initiate any legal action,
-Notify, if necessary, the competent authorities, cooperate with them, and provide them with all relevant information for the investigation and repression of illegal or illicit activities.

The Client is informed and agrees that any failure to meet its obligations may result, in addition to the consequences mentioned above, in the immediate termination of its Subscription by Malou through any written means.
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15. Confidentiality
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Each party commits to keeping strictly confidential the documents, elements, data, and information from the other party that are expressly identified by the other party as confidential.Regarding the company Malou, the parties expressly agree that this obligation of confidentiality already covers the personal data that Malou will process for the Client as part of the Services.

All such information is hereinafter referred to as "Confidential Information".The receiving party undertakes not to disclose them without the prior agreement of the other party, for a period of 3 years from the end of the execution of the relevant Services. The receiving party may only transmit them to employees, collaborators, interns, or advisors if they are subject to the same confidentiality obligation as provided herein. This obligation does not extend to documents, elements, data, and information:
(v) Of which the receiving party was already aware;
(vi) Already public at the time of their communication or which would become public without a violation of the General Terms and Conditions;
(vii) Received from a third party lawfully;
(viii) Whose communication is required by judicial authorities, in accordance with laws and regulations, or to establish the rights of a party under these General Terms and Conditions.

Confidential Information, as well as identifiers and access codes to Platforms and/or Social Networks, may be transmitted to employees, collaborators, interns, agents, and contractors of Malou, provided that they are subject to the same confidentiality obligation.

16. Intellectual Property

16.1 The systems, software, structures, infrastructures, databases, and content of any kind (templates, texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Malou on its Website and Application are protected by all intellectual property rights or rights of database producers in force. Any disassembling, decompilation, decryption, extraction, reuse, copying, and more generally, any acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of Malou arestrictly prohibited and may be subject to legal action.

16.2 As part of the execution of the Services, MALOU will provide the Client with deliverables, including Publications, Photos, and documents that may be protected under copyright (the"Creations").

The Creations provided by MALOU as part of the Services are protected by all intellectual property rights in force and remain the exclusive property of MALOU.

The Client only benefits from a simple license to use the Creations transmitted by MALOU under these terms, for the entire legal duration of copyright protection and worldwide, solely for the purpose of executing these terms.

Therefore, the Client is authorized to use the Creations only on the website and social networks as specified in the Quote, for exclusively professional use.

Any other use must be subject to prior written agreement from MALOU through the signing of a separate Quote from the one related to the Services.

16.3 For the purpose of executing the Services and for a duration limited to their duration, the Client grants Malou a free, non-exclusive, and non-transferable right to use its prior rights, including its trademarks and logos, worldwide.

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

17. Authorization for the dissemination of Client testimonials

During the term of its Subscription, the Client authorizes Malou to use the testimonials it publishes on the Site, on the Application, its social networks, or Malou's social networks (the"Testimonials") for the promotion of the Services and the Application, under the following terms:
-He consents to his Testimonials being disseminated free of charge by Malou on its social networks and/or on its Site, as well as on any other French or foreign websites published by any companies with which Malou has agreements,
-He consents to his Testimonials being disseminated by Malou by any means and on any medium for the purpose of promoting the Site and the Application,
-He agrees that his Testimonials may be translated into any language,
-He acknowledges and accepts that his Testimonials may be subject to modifications, including their framing, format, and colors, as well as alterations or degradations in theirquality, based on the technical constraints of the Site,
-He waives the right to claim any remuneration, fee, indemnity, or financial compensation from Malou for this.

18. Personal Data

In the performance of its obligations, Malou may process personal data. Details of how Malou processes such data are set out in its Privacy and Data Protection Policy.

19. Force majeure

Neither party shall be held liable for a failure to fulfill its contractual obligations if such failure is due to an event beyond its control and constitutes force majeure, as defined in Article 1218 of the French Civil Code.

For force majeure, the parties agree to include the occurrence of an event characterized by unpredictability and irresistibility typically recognized by French law and courts. This includes strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters, or failures attributable to a third-party telecommunications provider.

The impeded party must promptly inform the other party, specifying the nature of the force majeure event. The parties will collaborate to determine together the most appropriate means to remedy, if possible, the consequences of the force majeure event(s).

If the force majeure event persists for more than 3 months, either party may terminate the Subscription automatically, without judicial formality, without notice, and without the right to any compensation, by sending a registered letter with acknowledgment of receipt with immediate effect.

If, following a force majeure event, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of obligations unaffected by the force majeure event and its payment obligations.

Upon the cessation of the force majeure event, the impeded party must immediately inform the other party and resume the execution of affected obligations within a reasonable timeframe.

20. Commercial references

The parties expressly and mutually authorize the use of their names, trademarks, and logos, as well as references to their respective websites, for commercial purposes, on any media and in any form, during the subscription period and for 3 years after its termination.

21. Third-party links and sites

Malou cannot be held responsible for the technical availability of third-party websites (including its potential partners) that the Client may access through the Application.Malou assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites, which are governed by their own terms of use.

Malou is also not responsible for transactions between the Client and any advertiser, professional, or merchant (including its potential partners) to whom the Client may be directed through the Application. Malou shall not be a party to any potential disputes with these third parties, including those related to the purchase of products and/or services, warranties, statements, and any other obligations that these third parties may have.

22. Promotion

Malou reserves the right to insert, at its sole discretion, any advertising or promotional messages on any page of the Application and in any communication to the Clients, in a form and under conditions determined by Malou.

23. Subcontracting

Malou reserves the right to use subcontractors for the provision of 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 expressly acknowledge and agree that, in the event that these subcontractors are required to process personal data, the provisions of the "Personal Data" article will apply.

24. Social regulation

Malou declares compliance with the current tax and social legislation, being up-to-date with the payment of social contributions, and is able to provide proof of compliance with various obligations in this regard, upon request from the Client.
Malou must, upon request and as often as necessary until the end of the Subscription, provide the Client with the following documents:
(iv) an identification card justifying registration in the trade register or an excerpt from the Commercial and Companies Register dated less than 3 months (K or KBIS extract), or equivalent for a foreign company,
(v) A certificate of submission of social declarations from the social protection organization responsible for collecting contributions and social charges applicable to Malou,
(vi) a sworn statement, whereby Malou certifies that, as of the date of the statement, it has submitted all mandatory tax declarations to the tax authorities and that the work will be carried out with employees regularly employed in accordance with the Labor Code.

25. Modifications

Malou reserves the right to modify these General Conditions at any time.

The Client will be informed of these modifications by any means deemed useful.

A Client who does not accept the modified general conditions must terminate their Subscription in accordance with the "Duration" article.

Any Client who uses the Application or Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

26. Applicable law and jurisdiction

The General Conditions are subject to French law and will be governed and interpreted according to this law.

In the event of a dispute between the parties regarding their validity, interpretation, or execution, the parties will endeavor to settle their differences amicably. In the absence of an amicable agreement within one month following the first notification sent by one party to the other concerning the dispute in question, by any written means, it will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless there is a contrary imperative procedural rule.