General Terms and Conditions of Sale (GTC)

Article 1: Definitions

« 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 all elements of the Consumer's assessment of a Product or Service offered or sold by a Client, consisting of a rating given in the form of stars from 1 to 5, a recommendation rating from 0 to 10, and the Consumer's comment;

« Customer Reviews Charter »: refers to all the rules, procedures, and measures implemented to govern the collection, moderation, publication, and management of consumer reviews, in order to guarantee their authenticity, reliability, and transparency;

« 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 « GTU »: 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 »: refers to any natural person who acquires a product or service from the Client, in a physical point of sale or remotely, to whom a Review request is sent by GetMyOpinion;

« Contract »: refers to these GTC and any order or subscription from the Client describing the chosen Subscription;

« Features »: refers to all the modules, tools, and Services accessible to the Client within the GetMyOpinion platform, in addition to Review collection, according to the options subscribed within the framework of their Subscription. The Features include in particular GMO Response, Google Synchronization, Advanced Analytics, the Visibility Scale, the Widget, and access to reports and statistics via the Back Office;

« 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;

« Member »: refers to any additional natural person that the Client may freely add, without limit on number or additional cost, to enable them to view Reviews in the Back Office. Members have no other access or action rights on the Solution;

« 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 as well as the services provided 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, on which they may in particular integrate the Widget and/or display the Reviews collected by GetMyOpinion;

« Solution »: refers to the web application published by GetMyOpinion, allowing Reviews to be collected, administered, verified for reliability, and made visible;

« User »: refers to the natural person authorized by the Client to access the Solution using a username and password. Unless otherwise specified in writing, the Contract includes a single User per Client;

« Widget »: refers to the software component, hosted by GetMyOpinion, that the Client integrates on the Website(s), displaying the average rating calculated from the Reviews collected over a defined period, the number of Reviews corresponding to that period, as well as the collection start date and the total number of Reviews collected since that date. The Widget also provides access, by expansion or full-screen display, to a detailed view hosted by GetMyOpinion, including the distribution of ratings by number of stars and the recommendation rate.

Article 2: Purpose

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

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

Any subscription to a Subscription or any provision of Services by GetMyOpinion 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, the moderation of Reviews, and the display of Reviews on the Client's Website(s) and on GetMyOpinion's Websites as well as social media pages. Reviews consist of a star rating from 1 to 5 accompanied by a Consumer's comment.

GetMyOpinion provides the Client with the Solution as well as, depending on the options subscribed within the framework of their Subscription, the Features supplementing the Solution — including GMO Response, an artificial intelligence-based tool to assist in drafting responses to Reviews, Google Synchronization, Advanced Analytics, the Visibility Scale, the Widget, and access to reports and statistics via the Back Office — and permits their use under the conditions set forth in these GTC.

In addition, the GetMyOpinion Customer Reviews Charter further details the terms of service provision regarding the collection of Reviews, their submission, moderation, publication, depublication, and reporting by Consumers, as well as the use of the Features, in particular GMO Response.

GetMyOpinion may modify the different types of Subscription, the Solution, the Features, or these GTC. These modifications will become applicable at the end of the month during which the Client was informed (this period not applying in the case of a minor update to the Solution with no substantial impact on its characteristics, or aimed at improving security). In the event of disagreement, the Client may terminate the Contract under the conditions provided for in Article 3.

Article 3: Entry into Force, Duration, and Termination of the Contract

The terms of entry into force, duration, and termination of the Contract differ depending on the subscription method chosen by the Client, namely subscription by order form or online subscription with a trial period.

Subscription by order form: 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, provided the other Party is informed by registered letter with acknowledgment of receipt. The termination takes effect at the end of the month during which the termination notice was received.

Online subscription: The Contract comes into force upon the creation of an account on the GetMyOpinion platform, the start of the 14-day trial period, and the Client's acceptance of these GTC, for an indefinite period. It may be terminated at any time by either Party directly from the account. The termination takes effect at the end of the current period.

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.

Article 4: Obligations, Responsibilities, and Commitments of GetMyOpinion

4.1. Services

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 General Terms and Conditions of Use (GTU) and in the Customer Reviews Charter, 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 them;
• Reject and/or unpublish Reviews that do not comply with the conditions specified in the GetMyOpinion Customer Reviews Charter;
• Not modify the Reviews once they have been validated and published;
• Publish the Reviews under the conditions provided in the Customer Reviews Charter, for the period agreed between the Parties depending on the nature of its activity;
• Allow the reporting of Reviews by Consumers or the Client, for moderation purposes;
• Calculate an overall rating based on the Reviews given by Consumers.

4.2. Warranties, Scope, and Limitations of Liability

Functioning of the Solution: The Client acknowledges 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.

4.3. Artificial intelligence assisted moderation

In addition to human moderation, GetMyOpinion uses artificial intelligence tools to assist and accelerate the processing of Reviews, in accordance with the European AI Regulation (EU AI Act), the Digital Services Act (DSA), and the GDPR. This use of AI is part of a permanently human-supervised process:

• The moderator retains at all times the ability to intervene and make the final decision, without this automated processing altering the authenticity of published Reviews.
• Any moderation decision — whether issued by the AI or confirmed, modified, or cancelled by a moderator — is recorded and traceable in the Review's history.
• Any Consumer may request a human review of a moderation decision concerning them by contacting GetMyOpinion.

4.4. Functioning of GMO Response

GMO Response is a module to assist in drafting responses to published Reviews, powered by artificial intelligence and configured according to the Client's sector of activity. It cannot replace the review of the response by human intelligence. GetMyOpinion in no way guarantees the relevance, accuracy, or reliability of the proposals generated and cannot be held liable for errors, omissions, or misinterpretations. It is the Client's responsibility to verify all information before any publication.

4.5. Access to the Google Business Profile listing

As part of the use of the Solution, the Client may authorize GetMyOpinion to access their Google Business Profile listing in order to retrieve, centralize, and analyze the Reviews published there and to respond to them, in particular via GMO Response. By granting this authorization, the Client acknowledges and accepts that:

• GetMyOpinion accesses their Google Business Profile listing strictly within the limits of the service's needs and in accordance with the applicable terms of use of Google's services;
• This authorization may be revoked at any time from the settings of their GetMyOpinion account, it being specified that this revocation will make the Features that depend on it unavailable, without GetMyOpinion being liable in this respect.

GetMyOpinion cannot be held responsible for malfunctions, interruptions, modifications, or access restrictions attributable to Google (including any change to its programming interfaces or terms of use), nor for the accuracy or completeness of the Reviews retrieved from the Client's Google Business Profile listing. It is the Client's responsibility to ensure they hold the necessary rights over the listing in question.

4.6. Provision of the GetMyOpinion Widget

GetMyOpinion offers the Client access to a Widget, hosted by GetMyOpinion, displaying the average rating calculated from the Reviews collected over a defined period, the number of Reviews corresponding to that period, as well as the collection start date and the total number of Reviews collected since that date. The Widget also provides access, by expansion or full-screen display, to a detailed view hosted by GetMyOpinion, including the distribution of ratings by number of stars and the recommendation rate. The Client may integrate it on the pages of their website to highlight their reputation to their visitors. The Widget displays the GetMyOpinion brand.

The Client is entirely responsible for the integration and display of the Widget on their site. GetMyOpinion cannot be held responsible for any discrepancy between the visual rendering of the Widget as displayed by the Client and the original version provided by GetMyOpinion.

To guarantee the accuracy of the information displayed, the Client undertakes to use the dynamic version of the Widget, enabling daily updating of the displayed data, and to carry out any update requested by GetMyOpinion.

The Widget may in no case continue to be used after the suspension of the Client's account or the end of the Contract. In the event of a breach of this obligation, GetMyOpinion reserves the right to take any action it deems appropriate, including a claim for damages.

When the Client chooses to display the Reviews outside the GetMyOpinion Widget, they assume full responsibility for them and undertake to comply with current regulations as well as the GetMyOpinion Customer Reviews Charter. Any breach likely to harm GetMyOpinion's image may be subject to action on its part.

When the display is provided via the GetMyOpinion Widget, GetMyOpinion guarantees that the Reviews are presented in accordance with the applicable regulations and its Customer Reviews Charter.

4.7. 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.

GetMyOpinion plays no role in the relationship between the Client and their Consumer. It is 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.

4.8. 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.

Article 5: Obligations, Responsibilities, and Commitments of the Client

5.1. Access and Use of the Solution

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. Unless otherwise specified in writing, this Contract includes a single User per Client to access the Solution. The Client may, freely and at no extra cost, add Members with limited access to viewing Reviews in the Back Office.

5.2. Solicitation and Generation of Reviews

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.

Article 6: Provisions Applicable to Personal Data

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 current regulations applicable to the collection, moderation, and publication of online reviews.

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

Article 7: Intellectual Property

7.1. GetMyOpinion's Rights and Warranty

GetMyOpinion holds all intellectual property rights to provide the Solution and its widgets, as well as 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.

7.2. Rights of Use of the Solution, GMO Response, and the Logo

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 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 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) where the Client operates a network of several points of sale (in particular as a network head, banner, or franchisor), develop or market a service competing with the Solution, during the term of the Contract and for the three (3) years following its termination; (iv) communicate or transmit to a third party, including to a network, banner, or franchisor to which they are affiliated, information relating to the operation, methodology, or performance of the Solution, with the aim of developing or marketing, directly or indirectly, a competing service.

7.3. Client's Rights

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.

Article 8: Pricing

The applicable prices vary depending on the subscription method chosen by the Client.

For Clients who subscribed by order form, the applicable prices are those appearing in the order form accepted by the Client.

For Clients who subscribed online, the applicable prices are those in effect on the day of subscription, as indicated on the GetMyOpinion Website.

In both cases, the prices are denominated in euros and calculated exclusive of tax; they are increased by the VAT rate applicable on the day of the order or subscription.

Each plan, whether monthly or annual, includes a limited number of optional modules. The details of the plans and the number of optional modules associated with each are available on the GetMyOpinion website at https://www.getmyopinion.fr/pricing. Beyond the number of modules included in the subscribed plan, the Client will need to subscribe to a higher plan, whether to access additional Features or to increase the number of uses of an already included module.

GetMyOpinion reserves the right to change its prices at any time. GetMyOpinion will inform each Client by email, at the address provided by the Client at the time of the order or subscription (or subsequently modified), of any price increase at least thirty (30) 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.

Article 9: Payment Terms

9.1. Payment Terms for Packages and Subscriptions by Bank Transfer

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 14 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 to the Client according to the frequency of their Subscription (monthly or annual), 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. Payment Terms for Packages and Subscriptions with Stripe

9.2.1. Payment Methods

Payments for packages and subscriptions to the GetMyOpinion service are made exclusively online via the secure Stripe platform. The Client 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

Subscriptions are billed on a regular basis according to the selected frequency (monthly or yearly). The first payment is charged either at the end of the 14-day trial or directly after subscription if the 14-day trial has already been used. 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 Client 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 from the notification mentioned above, the Contract may be terminated automatically, without prejudice to the amounts due.

9.2.5. Termination and Refund

• Termination by the Client: The Client may terminate their Subscription at any time directly from their account. 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 Client with a 30-day notice before it takes effect (with an email indicating the changes made to the GTC). In case of disagreement, the Client may terminate their Subscription before the new prices come into effect.

9.2.7. Special Conditions

• The Client undertakes to provide valid and up-to-date payment information. In case of a change in payment method, the Client is required to update their information via their account.
• 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, GetMyOpinion invites its Clients to consult the privacy policy of Stripe, its secure payment partner.

Article 10: General Provisions

10.1. Waiver

The fact that a Party does not avail itself at a given time of any of the articles of these GTC shall not be construed as a waiver of the right to avail itself of the same articles at a later date.

10.2. Force Majeure

The liability of each Party shall not be engaged if the non-performance or delay in the performance of one of its obligations described in these GTC results from a case of force majeure. A force majeure event is considered any event beyond the control of one or both Parties, and in particular civil or foreign war, riot, fire, water damage of any kind, accidents, social movements with occupation of premises, governmental, regulatory, or legislative decisions or any other restriction, natural disasters, epidemics, interruption of communication channels, shortage of energy, raw materials, or finished products, or any other cause beyond the control of one of the Parties and whose effects could not be avoided by appropriate measures. The Party prevented from performing due to such an event shall inform the other Party in writing within eight (8) calendar days of the occurrence of the force majeure event, specifying the circumstances affecting it, and if possible the duration of the suspension of the performance of its obligations.

10.3. Severability

If any of the articles of these GTC prove to be null or unenforceable by virtue of a law or regulation or following an enforceable decision of a court or competent authority, the parties expressly agree that this Contract shall not be affected by the nullity of the aforementioned article.

Article 11: Applicable Law and Competent Jurisdiction

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).

Annex 1 to the General Terms and Conditions of Sale of the GetMyOpinion Solution

I. Purpose

The use of the Solution and GMO Response by the Client, as well as the provision of the Services, involve the processing by GetMyOpinion (hereinafter "the Processor") of personal data concerning Consumers, on behalf of the Client (hereinafter "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").

II. Description of the Processing Subject to Subcontracting

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 in drafting responses to Reviews on behalf of the Client.

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 consumption experience has been completed and validated by the Client, as well as the analysis of the content of the Reviews for the proposal of an automatically generated response.

The categories of persons concerned are the Consumers of the Client's products or Services. The categories of data processed are: last name, first name, email address, phone number, product or service consumed, date and place of consumption, rating and comments, date and time of Review submission, IP address, and, where applicable, the name of the Consumer's company.

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, for the entire duration of the Contract, subject to the fate of the data provided for in article III.6 of this Annex upon termination of the Contract.

III. Obligations of the Processor towards the Data Controller

The Processor undertakes to:

1. Process the personal data only in accordance with the Client's documented instructions and for the purposes defined in Article II of this Annex;
2. Guarantee the confidentiality of the processed data and ensure that persons authorized to access it are bound by a confidentiality obligation;
3. Implement technical and organizational security measures adapted to the risk, in accordance with the Applicable Regulations;
4. Not use another processor without the Client's general authorization, inform it of any change, and allow it thirty (30) days to object; the list of subsequent processors is communicated to the Client on request;
5. Assist the Client, within a reasonable timeframe, in responding to Consumers' requests regarding their data, and notify it of any data breach as soon as possible and no later than forty-eight (48) hours;
6. Return or delete the data at the end of the Contract, except where there is a legal retention obligation;
7. Enable the Client to verify compliance with these commitments, including through an audit.

IV. Obligations of the Data Controller towards the Processor

The Data Controller undertakes to:

1. Provide the Processor with the data and instructions necessary for the processing;
2. Ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the Applicable Regulations.