Terms of Sale

01Purpose and scope

The purpose of these Terms is to define the conditions under which SBCQ SAS (the "Publisher") provides, against remuneration, access to the online reputation management service Ma Belle Note (the "Service") to any legal entity or self-employed professional acting in the course of their business (the "Customer").

These Terms apply exclusively between professionals. They do not apply to any sale to a consumer within the meaning of French consumer law. The Customer acknowledges that they are subscribing to the Service for the purposes of their business.

Any subscription to the Service entails full and unreserved acceptance of these Terms, which prevail over any other document issued by the Customer, except with the Publisher's express prior written agreement.

02Definitions

Service

The Ma Belle Note online application, its associated features, the public marketing website and any future mobile apps or APIs.

Account

The Customer's personal workspace on the Service, secured by credentials, granting access to the features of the subscribed plan.

Subscription

The pricing plan chosen by the Customer at checkout (Starter, Pro, Enterprise or any other plan in force), together with the selected billing period (monthly or annual).

User

Any individual authorised by the Customer to use the Service through an Account linked to the Customer's Subscription.

Location

A physical or digital outlet operated by the Customer, to which customer reviews collected from supported platforms are attached.

03Description of the Service

The Service enables the Customer to centralise customer reviews from Google Business Profile (and other partners added over time), to reply using AI-assisted drafts, to collect new reviews via QR codes and gamification mechanics, to analyse the performance of their local visibility, and to generate marketing assets from incoming reviews.

The features included in each Subscription, as well as the associated quotas (number of Locations, monthly AI reply volume, concurrent Users, etc.), are described on the pricing page at the time of checkout. Those conditions govern the subscribed plan.

The Publisher reserves the right to evolve the Service (adding, modifying or removing features) in a continuous improvement logic. Any substantial change materially reducing the essential functional scope of the Subscription will be notified to the Customer at least 30 days before it takes effect, granting the Customer the right to terminate without penalty.

04Free trial

The Publisher offers a free trial of the Service for 7 calendar days, without commitment and without credit card. At the end of the trial, continuing to use the Service requires subscribing to a paid Subscription.

During the trial, the Publisher may restrict certain features or volumes (automated reply publication, third-party platform connectors, number of processed reviews). Such restrictions are stated on the pricing page.

If no paid Subscription is taken out at the end of the trial, the Customer's Account is automatically deactivated and the associated data is retained for 90 days before permanent deletion, unless the Customer requests earlier export or deletion.

05Price and payment

Subscription prices are stated in euros, excluding VAT. The applicable French VAT rate is added at billing, unless the Customer provides a valid EU VAT identification number giving rise to reverse-charge treatment under the rules applicable to electronically supplied services.

Payment is made by credit card or SEPA direct debit, through the Publisher's certified payment provider (Stripe or equivalent). The Customer warrants that the payment means used belong to them or that they have the authorisations required to use them.

Subscriptions are billed on due date, either monthly on the day corresponding to the subscription date, or annually on the anniversary date, depending on the Customer's choice. Invoices are issued electronically and accessible from the Customer's Account.

In case of payment failure, the Publisher will automatically retry payment for 14 days. After this period, the Service may be suspended until payment is regularised. Any payment delay exceeding 30 days entails, in accordance with article L. 441-10 of the French Commercial Code, late-payment interest at three times the legal interest rate and a flat-rate recovery fee of €40, without prejudice to any other sums due.

06Term, renewal and termination

The Subscription is taken out for the selected billing period (monthly or annual) and renews automatically for identical periods, unless terminated by either party as set out below.

The Customer may terminate the Subscription at any time from their Account. Termination takes effect at the end of the current billing period. No refund, even partial, is due for the committed period.

The Publisher may terminate the Subscription with 60 days' prior notice, notified by email to the address associated with the Account. In the event of a serious breach by the Customer (payment default beyond 30 days, fraudulent use of the Service, violation of the Terms of Use), the Publisher may suspend or terminate the Service without notice or compensation.

Upon termination, the Customer has 30 days to export their data. After this period, data is deleted in accordance with the Privacy Policy and the DPA.

07Service level and availability

The Publisher uses reasonable endeavours to ensure Service availability of 99.5% on a monthly average, excluding planned maintenance windows and cases of force majeure.

Planned maintenance windows are announced at least 48 hours in advance and scheduled, where possible, outside business hours (Monday to Friday, 9 a.m.-7 p.m. Paris time).

The Service relies on third-party platforms (Google Business Profile, AI providers, payment services). The Publisher cannot be held liable for unavailability, API changes or changes in terms of use imposed by these third parties, it being understood that the Publisher uses its best endeavours to ensure continuity of Service when such changes occur.

08Customer obligations

The Customer undertakes to:

• provide accurate, up-to-date and complete information when subscribing and throughout the Subscription;
• keep the login credentials of its Users confidential and notify the Publisher without delay of any unauthorised use of the Account;
• use the Service in accordance with its intended purpose, the Terms, the Terms of Use and applicable regulations, in particular data protection, consumer law and fair trading practices;
• hold the rights and authorisations required to connect third-party accounts (notably Google Business Profile) to the Service, and to assume full responsibility for them;
• not use the Service to publish content that is manifestly unlawful, defamatory, insulting or infringing on third-party rights.

09Third-party platform connections via OAuth

The Service enables the Customer to connect its accounts on third-party platforms (notably Google Business Profile) via the OAuth 2.0 authorisation protocol. Through this connection, the Customer expressly authorises the Publisher to access, on the Customer's behalf, a scope of data and actions strictly limited to delivering the Service.

For Google Business Profile, the Customer authorises the Publisher to: (i) list the Locations attached to the Customer's account, (ii) retrieve customer reviews published on these Locations, (iii) draft and publish replies to reviews on the Customer's behalf, (iv) delete a previously published reply. The Publisher cannot create, modify or delete the customer reviews themselves, these operations being prohibited by the Google Business Profile API usage policies.

Automatic reply publication ("autopilot mode") is activated only after explicit and separate consent from the Customer, captured in the Account settings. In the absence of such consent, no reply is published without prior manual validation by a User. The consent is time-stamped and may be revoked at any time, without prior notice or penalty, from the Account settings.

The Publisher undertakes to use the data obtained through these connections solely for the purpose of delivering the subscribed features, in accordance with Google API Services' "Limited Use" policy. Such data is neither sold, transferred, nor used for targeted advertising, nor shared with third parties other than the technical sub-processors listed in the DPA.

Reviews and metadata collected from third-party platforms are cached for a maximum of 30 days from their last retrieval, in accordance with the terms of use of the relevant APIs. Beyond this period, stale data is purged or refreshed.

The Customer may revoke at any time the access granted to the Publisher, either from the Account settings ("Integrations" section), or directly from the Customer's Google account by withdrawing the authorisation granted to Ma Belle Note. Revocation triggers the immediate cessation of any synchronisation and, at the Customer's choice, the purge of associated data within 30 days.

10Intellectual property

The Service, all its technical components, interface, algorithms, documentation and every element that makes it up remain the exclusive property of SBCQ SAS. The Subscription grants the Customer a personal, non-exclusive, non-transferable right of use, limited to the duration of the Subscription.

The Customer retains full rights over the content they inject into the Service (reviews, replies, generated visuals, Location data). The Customer grants the Publisher a limited, non-exclusive, royalty-free licence to host, reproduce and process such content strictly to the extent necessary to provide the Service.

Content generated by the AI modules (draft replies, summaries, visuals) is made available to the Customer without warranty of originality or non-infringement. The Customer is responsible for reviewing and approving every piece of content before publication.

11Liability

The Publisher is bound by an obligation of means in performing these Terms. Its liability may be engaged only in the event of proven fault and solely for direct damages. In particular, the Publisher's liability is excluded in case of: (i) misuse of the Service by the Customer or its Users, (ii) interruption caused by a third party (source platform, payment processor, LLM provider, hosting provider), (iii) indirect damages (loss of operation, revenue, customers, image), (iv) AI-generated content published without review.

The Publisher's cumulative liability under these Terms, for all causes and losses combined, is capped, per calendar year, at the total amount exclusive of VAT actually paid by the Customer for its Subscription during the 12 months preceding the triggering event.

The above limitations do not apply in case of gross negligence, wilful misconduct or bodily injury, nor to confidentiality undertakings.

12Confidentiality

Each party undertakes to keep strictly confidential all non-public information it becomes aware of in the performance of these Terms, and to use such information only for the purposes of that performance. This undertaking survives for 3 years after termination of the contractual relationship.

13Personal data

The processing of personal data entrusted by the Customer to the Publisher as part of the Service is governed by the Privacy Policy and the Data Processing Agreement (DPA), which form an integral part of these Terms. The DPA sets out the respective roles of the parties, the categories of data processed, the sub-processors, the security measures, and the arrangements for data return or deletion.

14Force majeure

No party is liable for non-performance of its obligations in cases of force majeure as defined by article 1218 of the French Civil Code and French case law. The impeded party notifies the other party without delay and uses reasonable endeavours to resume performance as soon as the event ends.

15Changes to these Terms

The Publisher reserves the right to amend these Terms at any time. Changes are notified to the Customer by email and/or in the Service at least 30 days before they take effect. If the Customer disagrees, they may terminate the Subscription without penalty before the effective date. Continued use of the Service after that date constitutes acceptance of the new Terms.

16Governing law and jurisdiction

These Terms are governed by French law. Any dispute as to their interpretation, performance or termination, failing amicable settlement within 30 days, shall be subject to the exclusive jurisdiction of the courts within the district of the Publisher's registered office, including in the event of multiple defendants or third-party claims, notwithstanding any clause to the contrary.

Any complaint may be addressed to [email protected]. The Publisher undertakes to acknowledge receipt within 5 business days.