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.
During the duration of these terms and conditions, he also undertakes not to take any action on his Instagram account (s) (“follow” subscription, “like”, etc.) in order not to exceed the limits set by the Instagram network.

The Customer undertakes not to connect to his Instagram account (s) from more than one mobile access in order to avoid the blocking or suspension of his account (s). The Customer acknowledges and accepts that the actions implemented by Malou as part of the Service are optimized and maximized in order to serve the interests of the Customer even if they may be likely, in particular in the event of non-compliance by the Customer with the aforesaid commitments (such as not carrying out actions on their part), to lead to suspension or blocking by
Instagram of his account (s).
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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”):
- 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:
▪ 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
new Shooting as soon as possible.
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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.
sufficient within the framework of the Services, in accordance with professional practices and the state of the art.
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Malou undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and surveillance of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as to the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
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Malou also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated data processing implemented for the needs of the Services, to preserve the security of the data, and in particular to prevent them from being deformed, damaged or from being accessed by unauthorized third parties.

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.
Other payments will take place by automatic debit, every 4 weeks from the date of the subscription.
Any Subscription period started is due in full.
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.
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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.
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.
- 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”.
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:
- 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 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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.
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
passwords for connecting to the platforms necessary for the proper implementation of the Services.More generally, the Customer undertakes to cooperate actively with Malou for the proper execution of the Services, to respect the deadlines referred to in the Quotation, the deadlines relating to Publications, Shooting and Photos, as well as to the present General Conditions, and to inform it as soon as possible of any difficulties related to this execution. Any delay attributable to the Customer will postpone the possible schedule for carrying out the Services accordingly.

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.
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,
obscene, indecent, shocking, violent, xenophobic or revisionist,
- 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
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
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:
- 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
in whole or in part,
- 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.
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15. Confidentiality
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
advice only if they are bound by the same confidentiality obligation as set out herein.

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
and regulations or for the purpose of establishing a party's rights under these
General 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 co-contractors of Malou, provided that they are subject to the same confidentiality obligation.
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16. Intellectual property
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”).
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.
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
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,
- 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
financial compensation as such. 18. Personal data
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18.1 General provisions
The parties undertake, each in so far as it is concerned, to comply with all
legal and regulatory obligations incumbent on them in terms of the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version known as the Data Protection Act and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter together the “Applicable Regulation”).
For the purposes of managing the contractual relationship between the parties, each party processes the personal data of its interlocutors at the other party in the capacity of data controller within the meaning of the applicable Regulations, and this for the duration of the General Conditions. This processing is necessary for the proper execution of the General Conditions and only concerns identification data (in particular name, first name, email address, telephone number) of the interlocutors. This data is kept for the time strictly necessary for the management of contractual relationships between the parties.

The parties' staff, their control services (auditor in particular) and their subcontractors may have access to the personal data collected.
This processing may result in the exercise by the parties of the parties of their rights provided for by the Applicable Regulations, namely: (i) to obtain the communication and, where applicable, the correction or deletion of data concerning them, (ii) to request the deletion or limitation of the treatment, (iii) to oppose the processing for legitimate reasons, (iv) to request the portability of data concerning them, in order to recover them and to maintain, and (v) to file a complaint with a competent supervisory authority.

18.2 Processing of personal data by Malou as a subcontractor
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1. Description of the outsourced treatment
As part of the Services, Malou is required to process personal data in the name and on behalf of the Customer as a subcontractor, while the Customer acts as a data controller within the meaning of the Applicable Regulations. The characteristics of the treatments are described in Appendix 1 of the General Conditions.2. Malou's obligations towards the Customer
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- Data processing:
Malou undertakes to process personal data only for the purposes listed in Annex 1 and in accordance with the Customer's documented instructions, including with regard to the transfer of data outside the European Union. Malou undertakes to inform the Customer if, in its opinion, an instruction constitutes a violation of the Applicable Regulations. In addition, if Malou is required to transfer data to a third country or to an international organization, under the law applicable to the Conditions

In general, it must inform the Customer of this legal obligation before processing, unless the law concerned prohibits such information for important reasons of public interest.
- Data security and confidentiality:
Malou undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident.

Malou also ensures that persons authorized to process personal data are subject to the obligation to maintain their confidentiality.
- Other subcontractors:
Malou is authorized to use subcontractors (the “Subcontractor”) listed in Appendix 1 of the General Terms and Conditions to carry out specific processing activities. In the event of a change in the list of authorized subsequent subcontractors, Malou will inform the Customer in advance and in writing. This information should clearly indicate the subcontracted processing activities, the identity and the contact details of the subsequent Subcontractor. The Customer has a period of fifteen (15) days from the date of receipt of this
information to present legitimate and reasoned objections. In the absence of notifications of objections after this period, the Customer will be deemed to have accepted recourse to the subsequent Subcontractor. In the event of persistent objections from the Customer, the parties will meet in good faith and make their best efforts to discuss a resolution. Malou may choose to (i) not have recourse to the Subcontractor or (ii) to take the corrective measures requested by the Customer in the context of the objections raised and to use the
Subsequent subcontractor. If none of the options is reasonably possible, and if Malou cannot use for legitimate reasons another subcontractor for the envisaged processing, either party may terminate the General Conditions with thirty (30) days' notice.

The Subcontractor is required to comply with the obligations of the General Terms and Conditions on behalf of and according to the instructions of the Customer. It is the responsibility of Malou to ensure that the Subcontractor provides the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulations. If the Subcontractor does not fulfill its data protection obligations, Malou remains fully responsible to the Customer for the performance by the Subcontractor of its obligations.
- Transfer of personal data outside the European Union:
Malou is authorized to transfer personal data processed under the General Conditions to countries located outside the European Union, subject to the establishment of appropriate guarantees as defined in Chapter V of the aforesaid regulation.- Assistance and Provision of Information:
Malou undertakes to assist the Customer and respond as soon as possible to any request for information sent to it by the Customer, whether as part of a request to exercise their rights by the persons concerned, an impact assessment, or a request presented by the data protection authorities or the Customer's data protection officer.
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- Notification of personal data breaches:
Malou undertakes to notify the Customer as soon as possible after becoming aware of any violation of personal data relating to the treatments covered by this Agreement and to provide him with any useful information and documentation relating to this violation.
- Data output:
Malou undertakes, at its option, to delete personal data at the expiration of the Contract or to return them to the Customer and not to keep a copy, unless required by the Applicable Regulations.
- Documentation:
Malou provides the Customer, upon request, with all the information and documents necessary to demonstrate compliance with its obligations and to enable audits to be carried out. The Customer thus has the possibility of carrying out audits once a year and at its own expense in order to verify Malou's compliance with the obligations provided for in this article. The Customer will inform Malou of the holding of the audit with a minimum of two (2) weeks notice. Malou reserves the right to refuse the identity of the selected auditor if he belongs to a competing company. The audit must be carried out during Malou's working hours and in such a way as to disturb its activity as little as possible. The audit will thus not be able to
undermine in any way whatsoever (i) the technical and organizational security measures deployed by Malou, (ii) the security and confidentiality of the data of other Malou customers, and (iii) the proper functioning and organization of Malou's production.

Where possible, the parties will agree on the scope of the audit in advance. The audit report will be sent to Malou in order to allow Malou to formulate any observations or remarks in writing, which will be appended to the final version of the audit report. Each audit report will be considered confidential information.

3. Obligations of the Customer with respect to Malou:
The Customer undertakes to:
(a) provide Malou with the personal data referred to in Annex 1, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any “particular” data within the meaning of the Applicable Regulations, unless the treatments justify it, it being up to the Customer to establish these justifications and to take all measures, in particular prior information, consent collection and security, appropriate for such particular data;
(b) collect under its responsibility, in a lawful, loyal and transparent manner, the personal data provided to Malou, for the execution of its services, and in particular,
ensure the legal basis for this collection and the information due to individuals
concerned;
(c) keep a register of treatments and, more generally, respect the principles derived from
Applicable regulations; (d) ensure, prior to and throughout the duration of the treatment, compliance with the obligations provided for by the applicable Regulations.19. Force majeure No Party may be held liable for a failure to perform its contractual obligations if this defect is due to an event beyond its control and constituting force majeure, as defined in article 1218 of the Civil Code.

By force majeure, the parties agree in particular to mean the occurrence of an event presenting the characteristics of unpredictability and irresistibility usually recognized by French law and courts as well as strikes, terrorist activities, riots, insurrections,
wars, government actions, epidemics, natural disasters or a defect attributable to a third party telecommunications provider.
The prevented party must inform the other party as soon as possible, indicating the nature of the case of force majeure. The parties will work together to determine the most appropriate means to mitigate, if possible, the consequences of the event (s) constituting force majeure.
If the case of force majeure persists for more than 3 months, each party may cancel the Subscription, ipso jure, without judicial formality, without notice and without the right to compensation of any kind whatsoever, by sending a registered letter with acknowledgement of receipt with immediate effect.
If, as a result of a force majeure event, the affected party is prevented from fulfilling only part of its contractual obligations, it remains responsible for the performance of the obligations that are not affected by the force majeure event as well as for its payment obligations.
As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume the performance of the affected obligations within a reasonable period of time.
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20. Business references
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.

21. Third-party links and sites
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 does not assume any responsibility for the content, advertising, products and/or services available on such third party sites, which it is recalled that they are governed by their own terms of use.

Malou is also not responsible for transactions between the Customer and any advertiser, professional or merchant (including any partners) to whom the Customer would be directed through the Application and cannot under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the purchase of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

22. Publicity
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
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
“Personal Data” will apply.
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24. Social regulations
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,
(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.
The Customer will be informed of these changes by any useful means.
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

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 concerning their validity, interpretation or execution, the parties will endeavour to resolve their dispute 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 subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by mandatory procedural rules.

These terms of service (“Terms”) govern the use of Malou (“the integration”) when integrated with TikTok, and incorporate the TikTok developer terms of service (“TikTok Developer Terms”) available here.

By accessing or using our integration, you agree to comply with these terms and the TikTok developer terms. If you do not agree to these Terms or the TikTok Developer Terms, do not use the integration.
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1. Integration description
Malou Food Marketing offers integration, which integrates with the TikTok API and services. This integration is subject to the TikTok Developer Terms.

2. Obligations of the user
All users of the integration, including those who use it to access TikTok services, must comply with the TikTok Terms of Use, Privacy Policy, and any other applicable TikTok policies.

3. Data Use and Confidentiality
Use of the integration is subject to TikTok's data use guidelines and the developer's data protection obligations. You are responsible for the processing and protection of user data obtained from TikTok through the integration.

4. Adherence to TikTok policies
You agree that the integration and its users comply with TikTok's terms, policies, and guidelines, including, but not limited to, content policies, API usage policies, and other relevant TikTok policies.

5. Control and compliance
Malou Food Marketing reserves the right to monitor the integration to ensure that it complies with TikTok's terms and policies. We will cooperate with TikTok to investigate any violations.

6. termination
TikTok may end access to the integration to the TikTok API at any time in case of non-compliance with TikTok policies or violation of the TikTok Developer Terms of Use.

7. Liability and compensation
Users of the integration acknowledge and agree that they are responsible for all legal consequences resulting from non-compliance with TikTok's terms and policies. Users agree to release Malou Food Marketing from any liability in case of legal problems related to their use of the integration.

8. Updates and changes
Malou Food Marketing will notify users of any updates or changes to the TikTok Developer Terms of Use. Users are invited to regularly review these Terms and the TikTok Developer Terms for any updates.

9. Contact information
For integration questions or support, please contact us at contact@malou.io.
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10. Applicable law
These conditions are governed by French law, and any dispute related to these conditions will be subject to the exclusive jurisdiction of the French courts.

11. Various
These Terms constitute the entire agreement between you and Malou Food Marketing regarding the Integration. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.