General Terms and Conditions of Sale (GTC)

“Subscription”: refers to the subscription to GetMyOpinion's Services from the offers available on the GetMyOpinion Website, subscribed to by the Client;

“Review”: refers to the rating given in the form of stars from 1 to 5 and the Consumer's comment on a specified product or service offered or sold by a Client;

“Client”: refers to any natural or legal person using GetMyOpinion's Services, acting for professional purposes, and who agrees to these General Terms and Conditions of Sale;

“General Terms and Conditions of Use” or “T&Cs of Use”: refers to the general terms and conditions of use that the Consumer must accept to submit a Review;

“General Terms and Conditions of Sale” or “GTC”: refers to these General Terms and Conditions of Sale that the Client must accept to benefit from the Services;

“Consumer”: any natural person who acquires a product or service from the Client(s) via the Client's Website, to whom a Review request is sent and/or who submits a Review on the GetMyOpinion Website;

“Contract”: refers to these GTC and any order from the Client describing the chosen Subscription;

“GetMyOpinion”: refers to the company GETMYOPINION, a simplified joint-stock company registered with the Paris Trade and Companies Register under number 820 695 047, whose registered office is at 39 rue de la Gare de Reuilly, 75012 Paris, and represented by its current President.

“GMO Response”: refers to the optional module to assist in writing responses to Reviews, developed by GetMyOpinion based on the OpenAI API.

“Party” or “Parties”: refers, respectively, to GetMyOpinion or the Client individually, and jointly to GetMyOpinion and the Client;

“Services”: refers to the provision of the Solution and the services offered by GetMyOpinion, such as the collection, moderation, and publication of Reviews as detailed in these GTC;

“GetMyOpinion Website(s)”: refers to the website published by GetMyOpinion, accessible at www.getmyopinion.fr, or any other site operated by GetMyOpinion in the course of its business;

“Client Website(s)”: refers to the website(s) published by the Client, specified in the order, generating transactions or offering paid or free services to Consumers, for which a Review is submitted.

“Solution”: refers to the software solution in the form of a web application that allows for collecting, administering, verifying the reliability of, and displaying Reviews.

The GTC detail the rights and obligations of GetMyOpinion and its Clients in the context of providing the Services of the Solution and the GMO Response module, for the Client's Website(s).

To this end, GetMyOpinion offers various Subscription plans, which are detailed on the GetMyOpinion Website.

Any Subscription or Service provided by GetMyOpinion therefore implies the Client's unreserved acceptance of these GTC.

The Solution allows for the collection of Reviews, their availability in the Client's back office on the Solution, the moderation of Reviews, and the display of Reviews on the Client's Website(s) and on GetMyOpinion's Websites and social media pages. Reviews consist of a star rating from 1 to 5 accompanied by a Consumer's comment.

GMO Response assists the Client in drafting appropriate and personalized responses to the Reviews they receive.

GetMyOpinion provides the Client with its Solution and GMO Response, and permits their use under the conditions set forth in these GTC.

Additionally, GetMyOpinion's T&Cs of Use further detail the terms of service provision regarding the collection, submission, moderation, publication, unpublication, and reporting of Reviews by Consumers, as well as the use of GMO Response.

GetMyOpinion may modify the different types of Subscription or features included in the Solution, or these GTC, which will become applicable at the end of the month of notification of the change (this period will not apply in case of a minor update to the Solution that does not affect a substantial feature of the Solution, or aims to improve security). In case of disagreement, the Client may terminate the Contract under the conditions provided for in Article 3.

The Contract comes into force upon the signing of the order form and the Client's acceptance of these GTC for an indefinite period.

It may be terminated at any time by either Party, who must notify the other Party by registered letter with acknowledgment of receipt. The termination will take effect at the end of the month in which the termination notice is received. Any amount already collected by GetMyOpinion for the Subscription subscribed to by the Client for the current month, as well as any amounts due for Services rendered during the concerned month, will remain the property of GetMyOpinion.

Furthermore, without prejudice to any damages it may claim, either Party may terminate the Contract in the event of a breach of these GTC, particularly for non-compliance with Articles 4 to 9, including Annex 1, after sending a formal notice by registered letter with acknowledgment of receipt detailing the breach, which remains unaddressed after a period of fifteen (15) days from the sending of said letter.

GetMyOpinion may also suspend the Client's access to the Solution in the event of the Client's failure to comply with its obligations under Articles 5 and 6, including Annex 1.

The termination of the Contract, for any reason whatsoever, will result in the cessation of the provision of Services by GetMyOpinion and the deletion of the Client's access to the Solution. The Reviews from the last 12 months at the time of the request will be returned to the Client in .csv format, who may continue to publish them on the Client's Website(s), provided that all mandatory information and the origin of said Reviews are mentioned, including the fact that they were collected, moderated, and published by GetMyOpinion.

GetMyOpinion commits to making the Solution available to the Client under the conditions detailed below.

As part of the Services, GetMyOpinion commits, in accordance with the terms described in the T&Cs of Use, to:

• Send an email or SMS to Consumers whose contact details have been provided by the Client to request them to submit a Review (communication of an Excel file by email or automatic communication of contact details, as agreed by the Parties);

• Analyze the content of the Reviews and moderate the Reviews;

• Reject and/or unpublish Reviews if they do not comply with the conditions specified in the T&Cs of Use;

• Not modify the Reviews once they have been validated and published;

• Publish the Reviews under the conditions provided in the T&Cs of Use, for the period agreed with the Provider depending on the nature of its activity;

• Report Reviews;

• Calculate an overall rating based on the Reviews given by Consumers.

Functioning of the Solution: The Client is aware that no one can guarantee absolute security, nor that the Solution will operate without errors. GetMyOpinion is bound by an obligation of means. GetMyOpinion will not be liable for technical constraints related to the specifics of the Internet network or for any interruption that is not attributable to its fault.

Functioning of GMO Response: The Client is aware that this option is only an assistance module for drafting responses to published Reviews and cannot replace the review of the response by human intelligence. GetMyOpinion in no way guarantees the relevance, accuracy, or reliability of the response proposals generated by GMO Response and cannot be held liable for errors, omissions, or misinterpretations of the request. GMO Response can make mistakes. It is important to verify all information.

Consumers: In no way can GetMyOpinion's liability be sought by the Client for the behavior of Consumers, particularly if Consumers do not respond to Review requests, for the content of Reviews written by Consumers, or in the event of a decrease in the number of visitors to the Client's Website(s), or the occurrence of a problem related to the publication of negative Review(s) or the execution of the contract between the Client and the Consumer.

Under no circumstances does GetMyOpinion play a role in the relationship between the Client and its Consumer. It will be the Client's responsibility to manage any difficulties that arise with them following the collection of a Review or more generally within the framework of the contract or the relationship that binds them.

Third Parties: GetMyOpinion is not responsible for the actions of third parties regarding the use of Reviews and the overall rating, including the insertion by Google of the Client's overall rating and the number of Reviews collected, nor for the referencing of the Client's site on the Google search engine (or any other search engine). Only the third parties operating these sites and search engines are responsible for these uses.

All technical means, as well as telecommunication costs allowing access to and use of the Solution, are the exclusive charge and sole responsibility of the Client. The Client's IT configuration is their sole responsibility.

GetMyOpinion disclaims all liability to the Client for the functioning of the Solution if the Client's computer equipment proves to be obsolete, faulty, or insufficient, or not in compliance with any prerequisites communicated by GetMyOpinion.

The Solution is accessible to the Client via a username and password. This Contract includes, unless otherwise specified in writing, a single user per Client to access the Solution.

Review requests from Clients addressed to Consumers must be related to a consumption experience of said Consumers with the Client, and the Review must be linked to a clearly identified Consumer.

The Client guarantees to GetMyOpinion the accuracy and authenticity of the data communicated for the performance of the Services and compliance with applicable regulations, in accordance with Annex 1.

The Client must not under any circumstances generate false evaluations through fake orders, false comments, or any other manipulation.

In the context of providing the Services, GetMyOpinion is required to process personal data concerning Consumers, under the following terms:

– For sending Review requests to Consumers, based on the information provided by the Client, as a processor for the Client under the conditions detailed in Annex 1;

– For collecting, moderating, and publishing Reviews, as a data controller, as GetMyOpinion determines the means and purposes of this processing, in accordance with the current regulations applicable to the collection, moderation, and publication of online reviews.

GetMyOpinion will use the Personal Data of Consumers only in the context of operating the Solution and for the sole purposes of collecting, moderating, and publishing Reviews.

GetMyOpinion holds all intellectual property rights to provide the Solution and its widgets, as well as on the graphic charter, trademarks, and logos used in the provision of the Services. In particular, GetMyOpinion is the owner of a French semi-figurative trademark registered under number 4323276 and provides the Client with a logo to indicate the origin of the Reviews on the Client's Website(s) (hereinafter 'the Logo').

In this regard, the Client will respect GetMyOpinion's intellectual property rights and all mentions relating to these rights present on the constituent elements of the Solution and on all related media. Generally, the Client undertakes not to infringe in any way on GetMyOpinion's intellectual property rights.

GetMyOpinion guarantees that the Services, the Solution, and the Logo do not constitute an infringement of a third party's intellectual property rights.

Subject to the subscription to a Subscription and payment of the price, GetMyOpinion grants the Client a personal, non-exclusive, and non-transferable right of access and online use of the Solution (and GMO Response if applicable) for one user, as well as the right to reproduce and represent the Logo on the Client's Website(s), for the duration of the Contract.

The Client undertakes in particular not to: (i) use the Solution, GMO Response, or the Logo for purposes other than those provided for in the Contract; (ii) reproduce, decompile, reverse engineer, or modify all or part of the Solution; (iii) develop or market a competing service during the term of the Contract and for the three years following its termination.

The Client authorizes GetMyOpinion to represent and reproduce its name, logos, and trademarks on GetMyOpinion's Websites and its commercial materials as a reference, and indemnifies GetMyOpinion against any action by a third party in this regard.

The prices of the Subscriptions are those in effect on the day the order is placed, as indicated on the GetMyOpinion Website. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate applicable on the day of the order. The price of the Subscription corresponds to a maximum number of Reviews during the considered period. If the number of Reviews exceeds this limit, the Client must subscribe to a Subscription corresponding to a higher number; otherwise, the excess Reviews will not be processed, without liability on the part of GetMyOpinion.

GetMyOpinion reserves the right to change its prices at any time.

GetMyOpinion will inform each Client by email to the address provided by the Client at the time of the order (or subsequently modified) of any price increase at least 15 (fifteen) days before it takes effect.

In such a case, a Client who does not accept this price increase may terminate the Contract in accordance with the provisions of Article 3.

If the Client does not terminate, the new pricing will be applicable from the next subscription renewal date.

Payment of the price is made by bank transfer to the bank account whose details are provided by GetMyOpinion.

The first payment will be due 30 days after the validation of the order form, which constitutes the Client's subscription to the Subscription. No discount will be granted for early payment.

An invoice will then be sent monthly to the Client 10 days before the transfer is due. Payment must be made by the due date mentioned on the invoice.

Any payment made for the subscribed Subscription will remain the property of GetMyOpinion. No pro-rata refund can be requested due to the termination of the Contract for any reason whatsoever.

In case of total or partial late payment, for any reason whatsoever, a late payment penalty equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points will be applied, without prior notice. In addition, a fixed indemnity for recovery costs of a minimum amount of 40 euros will also be applied to the Client. If the recovery costs incurred are higher than 40 euros, GetMyOpinion may request additional compensation, upon justification.

Furthermore, without prejudice to any other rights and remedies, if the Client does not meet their payment obligations, GetMyOpinion will be entitled to suspend access to their personal account and the performance of the Services until full payment of the price, or terminate the Contract in accordance with Article 3.

9.2.1. Payment Methods

Payments for GMO Response packages and subscriptions are made exclusively online via the secure Stripe platform. The Provider can pay for their purchases by credit card (Visa, MasterCard, American Express) or any other payment method offered by Stripe at the time of the transaction.

9.2.2. Billing and Due Dates

• One-time payment packages: The total amount of the chosen package is billed in a single payment at the time of the order.

• Subscriptions: Subscriptions are billed on a regular basis according to the selected frequency (monthly or yearly). The first payment is charged immediately upon subscription, and subsequent payments are automatically debited on the anniversary date.

9.2.3. Transaction Security

All transactions made on the platform are secured using SSL encryption protocol and Stripe's PCI-DSS compliance. No credit card data is stored directly by GetMyOpinion.

9.2.4. Payment Default

In case of payment default or rejection of a debit:

• Notification: The Provider will be informed by email and invited to regularize their situation within 15 days (according to Stripe's criteria).

• Service Suspension: If the situation is not regularized, GetMyOpinion reserves the right to temporarily suspend access to the services.

• Termination: If the payment default persists beyond 30 days, the contract may be terminated automatically, without prejudice to the amounts due.

9.2.5. Termination and Refund

• Termination by the Provider: The Provider can terminate their subscription at any time from their user area. The termination takes effect at the end of the current period, and no pro-rata refund is issued.

• Non-compliance: In case of a technical problem related to payment or non-compliant use of the services, a refund may be considered at the discretion of GetMyOpinion.

9.2.6. Price Revision

GetMyOpinion reserves the right to change the prices of packages and subscriptions. Any change will be communicated to the Provider with a 30-day notice before it takes effect. In case of disagreement, the Provider may terminate their subscription before the new prices come into effect.

9.2.7. Special Conditions

• The Provider agrees to provide valid and up-to-date payment information. In case of a change in payment method, the Provider is required to update their information via their user area.

• Any dispute related to payments will be subject to the applicable laws and jurisdictions mentioned in these GTC.

9.2.8. Stripe's Privacy Policy

To ensure optimal transparency on the processing of data related to payments, we invite our users to consult the privacy policy of Stripe, our secure payment partner.

Any dispute relating to the validity, formation, interpretation, execution, or termination of the Contract is subject to French law.

In the absence of an amicable resolution within one month from the sending by one of the Parties of a registered letter with a request for acknowledgment of receipt notifying said dispute, the dispute shall be brought before the Commercial Court of Paris, including for any summary proceedings (it being specified that the prerequisite of amicable resolution shall not apply in case of urgency, summary proceedings, or a request for payment).

The use of the Solution and GMO Response by the Client and the provision of the Services involve the processing by GetMyOpinion ('the Processor') of personal data concerning Consumers on behalf of the Client ('the Data Controller'), for sending Review requests, under the conditions detailed below.

In the context of their contractual relations, the Parties undertake to comply with the current regulations applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 and the French Data Protection Act No. 78-17 of 6 January 1978 in its current version (hereinafter, 'the Applicable Regulations').

The Processor is authorized to process on behalf of the Data Controller the personal data necessary to provide the following service(s): sending Review requests to Consumers, assisting clients in drafting responses to Reviews.

The nature of the operations carried out on the data is the collection, recording, organization, storage, consultation, or deletion of data for sending a satisfaction survey to Consumers at the contact details provided by the Client once the validated consumption experience has been completed, as well as the analysis of the content of the Reviews for the proposal of an automatically generated response.

The purpose(s) of the processing: the collection of Consumer Reviews to obtain a comment and calculate a satisfaction score to display it on the internet and the proposal of an automatic and personalized response to the Reviews.

The Processor undertakes to:

1. Process the data only for the sole purpose(s) that are the subject of the subcontracting.

2. Process the data in accordance with the documented instructions of the Data Controller contained in the annex to this Annex.

3. Ensure the confidentiality of the personal data processed within the framework of this Annex.

4. Ensure that the persons authorized to process personal data under this Annex undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality.

The Data Controller undertakes to:

1. Provide the Processor with the data referred to in II and in the Annex below;

2. Document in writing any instructions concerning the processing of data by the Processor.

3. Ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the Applicable Regulations.

4. Supervise the processing, including carrying out audits and inspections of the Processor.