General Terms of Use and Sale

About the Site: La Fabrique du Net (hereinafter "the Site") is an online platform published by the company Brends (hereinafter "the Company"). Brends is a SAS with a share capital of 2 000 €, whose registered office is located at 1 Impasse du Palais, 37000 Tours, registered with the RCS de Tours under number 925 260 952 (VAT number: FR22925260952). The Site offers digital matchmaking services, enabling individuals and businesses looking for digital services to connect with professional providers (web agencies, software vendors, freelancers, etc.). This matchmaking service may take the form of a request for quotes (submitting a project for quotes) or requests for information about services offered on the Site. The Site also publishes editorial content (guides, comparisons, articles) available free of charge.

Scope of application: These Terms of Use (ToU) set out the conditions for accessing and using the Site's services for two categories of users: (1) Visitors, meaning any person accessing the Site to browse content, leave comments, submit a project or contact a provider; and (2) Professional Users (or Professionals), namely agencies, software vendors or other digital professionals listed on the Site, who hold a dedicated account enabling them to manage a public profile, access a dashboard, and optionally subscribe to paid services. The provisions specific to Visitors are set out in section 2 below (Visitor ToU) and those applicable to Professional Users in section 3 (Professional ToU). Provisions common to all users of the Site are set out in section 4.

Acceptance of the Terms of Use: Use of the Site by any Visitor or Professional implies unreserved acceptance of these Terms of Use in their entirety. By browsing the Site or creating an account, the user acknowledges having read the Terms of Use and agrees to comply with them. If a person does not accept all or part of these conditions, they are asked not to use the Site's services. The version of the Terms of Use currently in force is the one published on the Site at the time of consultation. The Company reserves the right to ask any user at any time to explicitly confirm their acceptance of the Terms of Use, in particular by ticking a dedicated box when creating an account or submitting a form.

Contractual documents: The Terms of Use constitute a contractual agreement between the user and the Company. Other documents may apply to certain specific services: for example, a privacy policy governs the processing of personal data (see section 4.2), and particular conditions or a partnership agreement may be entered into for affiliate services or sponsored article publishing. In the event of a conflict, the specific provisions take precedence over the Terms of Use in respect of the subject matter they govern.

This section applies to any Visitor to the Site, whether a simple internet user browsing the content or a Project Owner submitting a quote request. The Visitor undertakes to use the Site in accordance with applicable laws and these Terms of Use.

2.1 Services accessible to Visitors

Viewing content: Access to the public pages of the Site (articles, comparisons, guides, etc.) is open, free of charge, and does not require you to create an account. The Visitor must have their own equipment and Internet connection in order to browse the Site. The Company endeavours to provide up-to-date and relevant information, but does not guarantee the completeness or accuracy of the content published. The content made available (including any offers, prices, and product or service specifications presented) is provided for information purposes only. Despite every care taken, the Site may contain errors or inaccuracies. It is the Visitor's responsibility to verify any information obtained on the Site before making a decision with financial or other consequences, as such information does not constitute personalised advice. The Company may modify the content of the Site at any time, remove it, update it, or restrict access to it, without prior notice.

Interactive features: On certain sections of the Site, the Visitor may leave comments or reviews (for example beneath blog articles) and contact listed providers. Access to certain features (such as submitting a comment or a contact form) may require you to provide personal data (name, email address, etc.) and to accept these terms of use. In that case, the Visitor undertakes to provide accurate and current information about themselves. Publication of a comment may be subject to moderation: the Company reserves the right not to publish, or to remove, any content submitted by a Visitor that is in breach of the rules set out herein (see Articles 2.4 and 4.1) or of applicable law.

Project submission / quote request: The Site allows Visitors interested in a service (website creation, SEO, software selection, etc.) to submit a project via a form (sometimes labelled "Request for quotes" or "Multi-devis"). This service is free of charge for the Visitor. To submit a complete quote request, the Visitor must describe their requirements and provide valid contact details (name, email address and/or phone number) so that they can be contacted. The Visitor must be a natural person aged at least 18 years old, legally capable of entering into contracts, or must legally represent the legal entity they are committing to the request. Requests from unemancipated minors or automated systems (bots, scripts) are prohibited and may be deleted without notice. The Company reserves the right to refuse or invalidate a quote request if it detects a breach of the terms of use or manifestly inaccurate information provided by the Visitor.

After a project has been submitted, the Company may forward the request to several relevant Professional Users (registered providers) so that they can propose a quote or get in touch with the Visitor. The Company may also direct the Visitor towards certain partners matching their project, without however guaranteeing that at least one provider will follow up on their request. The Visitor acknowledges that the Company is not a party to any subsequent exchanges between them and the providers: in the event of a commercial agreement, a direct contract must be entered into between the Visitor (hereinafter where applicable "the Project Owner") and the relevant Provider, without any involvement from the Company. The Company does not guarantee that the Visitor will receive proposals for every request submitted.

2.2 Visitor obligations and liability

Visitor obligations: By using the Site, the Visitor undertakes to behave in a manner that respects the law and the rights of others. In this regard, the Visitor is strictly prohibited from:

• Providing false or misleading information when using the services (identity, contact details, project description, comment content, etc.). The Visitor must not impersonate any other person or entity.
• Publishing unlawful or inappropriate content in comments or messages, including defamatory, abusive, hateful, or discriminatory statements, content contrary to public order or decency, or content that infringes third-party rights (copyright, image rights, personal data, etc.).
• Using the Site for improper or malicious purposes, for example to distribute viruses, spam, or unsolicited commercial solicitations, or to unlawfully collect data about other users or providers. Any attempt to gain unauthorised access to the Site's systems, or to obstruct or disrupt the operation of the service, is strictly prohibited.
• Circumventing the referral mechanisms put in place on the Site. In particular, if a Visitor obtains a provider's contact details via the Site, they undertake not to reuse those details for mass or unsolicited canvassing. Likewise, it is prohibited to extract and substantially reuse the Site's databases (for example lists of providers) for commercial purposes without the prior written authorisation of the Company (article L.342-1 du Code de la propriété intellectuelle).

The Visitor warrants that all information they provide is accurate and up to date. They bear full responsibility for any content they publish on the Site (comments, project descriptions, etc.), the Company acting solely as a technical host for such content. The Visitor retains ownership of any data or content they provide, but grants the Company a non-exclusive licence to display and distribute it on the Site in connection with the services (see article 4.1 on intellectual property).

Moderation and reporting: The Company does not carry out systematic prior review of Visitors' contributions (such as comments), but reserves the right to remove without notice any content that has been brought to its attention and that would breach these terms of use or applicable law. Visitors may report any abusive or unlawful content by contacting the Company at the details provided at the end of this document. The Company will act promptly to review the report and, where appropriate, remove the content in question in accordance with the loi pour la Confiance dans l'Économie Numérique of 21 June 2004.

Visitor liability: The Visitor uses the Site and its features at their own risk. It is their responsibility to take all necessary precautions to protect their own data and/or software from contamination by any viruses circulating on the internet. The Company shall under no circumstances be held liable for any damage caused to the Visitor as a result of their own breach of these terms of use. In particular, if the Visitor enters into a contract with a Provider following an introduction made via the Site, it is their responsibility to review the terms of the proposed contract and to satisfy themselves as to the reliability of the chosen Provider. The Company gives no warranty as to the outcome or the Visitor's satisfaction in respect of the services performed by the listed Providers.

Limitation of liability towards the Visitor: In the context of the free use of the Site by Visitors, the Company accepts no contractual or tortious liability for any indirect loss suffered by the Visitor, such as loss of opportunity, loss of profit, loss of data, or commercial harm resulting from the use of, or inability to use, the Site. The Company shall likewise not be held liable for any inaccuracy in information provided on the Site by third parties (for example, incorrect information provided by a Professional in their profile). The Visitor is expressly informed that the Company acts as a technical intermediary and not as a final service provider: it therefore gives no guarantee as to the conclusion or proper performance of any contract between a Visitor and a Professional. In the event of a dispute between a Visitor and a Professional, the Company's liability may not be engaged in respect of any loss, costs or expenses arising from that dispute.

No guarantee of availability: The Company takes reasonable steps to ensure quality access to the Site, 24 hours a day, 7 days a week. However, it is under no obligation of result with regard to the availability of the service. The Visitor accepts that the Site or certain features may be temporarily unavailable, in particular due to technical maintenance or events outside the Company's control (outages, force majeure events, etc.). No compensation shall be due in the event of a temporary interruption of access to the Site. Furthermore, the Company shall not be liable for any temporary difficulties or inability to access the Site caused by disruptions to the Internet network or technical limitations inherent to internet service providers, over which it has no control.

2.3 Duration of use – Removal of content or access

These terms of use are entered into for an indefinite period from the moment you first access the Site. You may stop using the Site and its services at any time. If you have submitted a quote request and subsequently wish to cancel it, simply notify the Company as soon as possible (for example by writing to the contact address at the end of this document, stating your name and your project). The Company will then cancel the Request and cease passing your information to Providers in connection with that project.

In the event of a breach by you of your obligations (as described in Article 2.2 above), the Company reserves the right to restrict or suspend your access to the Site's services, to remove any disputed content, or even to ban you from accessing the Site in the future. Such termination or suspension may take effect without notice or compensation in the event of a serious breach of these terms of use or of applicable law. Circumstances that may justify such a measure include, in particular: failure to comply with the rules governing use of the Site, any action on your part likely to harm the interests of the Company or the operation of the Site, or more generally any legitimate reason making it impossible to continue the relationship with you. You will be informed by email of the Company's decision, where this is possible.

Termination of these terms of use in respect of a visitor does not affect rights already acquired or commitments entered into beforehand. For example, if you have entered into a contract with a Provider via the Site, the termination of your access does not cancel the commercial contract, which would continue to be governed by the terms agreed between you and the Provider.

This section applies to Professional Users who use the Site to promote their products or services, make contact with prospects, and potentially benefit from paid services (visibility subscriptions, affiliate programmes, sponsored articles, etc.). The Professional User is hereinafter also referred to as "the Professional" or "the Provider". Use of the Site in this context requires the creation of a Professional account and full prior acceptance of these terms of use.

3.1 Registration and Professional Account

Account creation: To be listed on the Site as a provider, the Professional must first create an account via the dedicated interface (online registration form). Registration is reserved for professionals in the digital sector (companies, sole traders, etc.) who are duly registered and authorised to carry out their activity. The representative completing the registration warrants that they hold the necessary authority to bind the professional entity they represent. During registration, the Professional provides information about themselves or their company (registered name, trading name, sector of activity, contact details, etc.) and chooses login credentials (email address and password). The Professional undertakes to provide accurate, truthful and up-to-date information, in particular regarding their identity, contact details and qualifications, and to update that information should it change. Account creation is finalised once the Company has approved the registration, where applicable following verification of certain information. The Company reserves the right to refuse a registration if the applicant does not meet the required criteria, provides manifestly false data, or would be in direct competition with the Site's activity in a manner incompatible with its proper operation.

Access confidentiality: The Professional is solely responsible for the security and use of their login credentials. They must choose a strong password and keep it confidential. Any action carried out from the Professional's account, whether or not explicitly authorised by the account holder, is presumed to have been carried out under their sole responsibility. In the event of loss, theft or unauthorised use of their credentials, the Professional must immediately notify the Company so that it may suspend the account and/or reset the access credentials. The Company cannot be held liable for the consequences of unauthorised access to the account resulting from the Professional's negligence in protecting their credentials.

Public profile: Once registered, the Professional has a public profile on the Site or is linked to a public profile already present on the Site. This profile may include various information provided by the Professional themselves: a presentation of the agency or company, logo, description of the services or software solutions offered, references, links to their website or portfolio, etc. The Professional has access to a dashboard enabling them to manage, edit and update this information. The information published on the profile is visible to Visitors of the Site and may appear in online directories or comparisons. Keeping the profile regularly updated is the Professional's responsibility in order to ensure the accuracy of the data presented (indicative pricing, technologies mastered, contact details, etc.). The Company cannot be held liable for the consequences of any outdated or inaccurate information appearing on a Professional's profile, as it is the Professional's obligation to verify and correct their data.

The Company reserves the right to review the content of profiles and may ask the Professional to modify or remove certain information if it appears to be contrary to the purpose of the Site, to applicable laws and regulations, or likely to mislead Visitors. Where appropriate, the Company may make minor corrections (spelling, formatting) to profile text in order to improve its presentation, or refuse to publish certain elements (for example, a poor-quality image or excessively promotional content) after having notified the Professional. The Professional authorises the Company to distribute the content thus provided within the framework of the Site and declares that they hold all necessary rights (in particular intellectual property rights) over such content, especially with regard to any logos, images or text provided. The publication of a professional profile on the Site does not create any territorial or sector exclusivity: the Company remains free to list other providers offering similar services.

3.2 Services Offered to Professionals

Basic listing: Registration and presence on the Site as a Provider may be free under the basic plan. Every listed Professional benefits from a standard profile in the Site's directory/comparison tools, displaying their key information. The Company does not guarantee any particular position in results lists: the default ranking may be determined by objective criteria (relevance, alphabetical order, reviews, etc.) defined by the Company, which may be subject to change. No acquired right is conferred on the Professional regarding their rank or specific visibility on the Site, except as explicitly provided for in any subscription agreement (see below).

Visibility subscriptions: The Company offers Professional Users paid subscription plans designed to improve their visibility on the Site. These subscriptions, whose features and pricing are presented on the Site or communicated upon request, may for example allow: being highlighted in comparisons (a "premium" badge, sponsored or priority placement), appearing at the top of a category list for a given period, publishing more content or case studies on the profile, or accessing advanced statistics via the dashboard. The details of each plan (duration, renewal, prices excluding VAT, services included) are specified to the Professional at the point of subscription. Unless otherwise stated, subscriptions are entered into for a fixed term (monthly, quarterly, or annual, depending on the plan) with automatic renewal for successive periods of the same duration. The Professional accepts that subscribing to a plan does not imply any guarantee of results in terms of commercial performance: the Company makes no commitment regarding a minimum number of leads, clicks, or contracts generated through the enhanced visibility, nor does it guarantee a fixed position in lists (improved visibility remains relative to other content and the Site's relevance criteria). The subscription provides a visibility advantage, but the ROI (return on investment) depends on multiple factors outside the Company's control (the attractiveness of the Professional's offering, competition, seasonality, etc.), which the Professional expressly acknowledges.

The paid offers currently available to agencies are described in articles 3.9 to 3.13 below. In the event of any conflict between this article and those articles, the latter shall prevail for the offer they govern.

Affiliate programmes and sponsored articles: Certain Professionals, in particular software vendors listed on the Site, may also benefit from affiliate programmes or the publication of sponsored articles as part of specific partnerships with the Company. An affiliate programme generally means that the Site receives a commission if a Visitor completes an action (registration, purchase) on the Professional's website via an affiliated link or button. Participation in such a programme is governed by a separate agreement between the Company and the Professional, setting out the applicable conditions (period, commission percentage, tracking, etc.). These terms of use nonetheless apply to such relationships insofar as the affiliated Professional must continue to comply with their obligations (e.g. providing accurate information about their offering, informing the end user of any sponsorship arrangements in accordance with legislation on transparency of reviews and sponsored content, etc.). Likewise, the publication of a sponsored article (written by the Company or by the Professional) will be subject to either a specific subscription or a one-off quote, with agreed conditions (article topic, indication of its advertising nature, duration of publication online, etc.). Such content will be identified to Visitors as sponsored or advertising content, in accordance with applicable regulations. The sponsoring Professional who has paid for an article or an advertising placement acknowledges that no minimum level of traffic, leads or sales is guaranteed by the Company in return. The Company undertakes to provide the agreed service (e.g. publication of the article for X period of time), but not any specific measurable result.

Pricing and payment: Paid services (subscriptions, additional options, sponsored campaigns) are invoiced at the rates in force on the date of the order. Prices are stated in euros and exclusive of tax unless otherwise indicated. Payment for standard subscriptions is made online via Stripe, a secure payment provider. The Professional must provide their bank details on the dedicated Stripe payment interface; this payment data is processed directly by Stripe in accordance with its own terms, and the Company has no access to it (except for a possible transaction token). Payment is in principle taken immediately upon subscription, and then at each renewal date in the case of a tacitly renewable subscription. The Professional authorises Stripe to automatically charge the renewed subscription amount, unless they have cancelled it before the renewal date (see article 3.5). For certain one-off or bespoke services (e.g. a single sponsored article, or a large enterprise account), the Company may offer invoicing by quote and invoice: the Professional will then receive an invoice to be settled by the means indicated (bank transfer, etc.) within the allotted time. In the event of late payment, the Company reserves the right to suspend or terminate the service in question, and penalties may be applied in accordance with the law (in particular for professional clients, a fixed recovery indemnity and late-payment interest in accordance with the Code de commerce). The paid services offered by the Company under this section 3 are intended exclusively for professionals acting in the course of their business. Accordingly, the right of withdrawal provided for by the Code de la consommation for distance contracts concluded with consumers does not apply to these subscriptions.

All online payments give rise to an electronic acknowledgement of receipt (confirmation by email). The Professional is invited to keep a copy of the confirmations and invoices issued. The Company does not store card numbers; online payment is secured via the SSL protocol and complies with Stripe's PCI-DSS standards.

3.3 Obligations and Liability of the Professional

In addition to the general obligations under Article 2.2, which also apply to the Professional, the Professional undertakes to comply with the following specific commitments in connection with the use of the Site:

• Accuracy and honesty of information: The Professional guarantees that all data provided at registration and in their public profile is accurate, up to date and truthful. They will update without delay any information that has become obsolete (change of address, point of contact, evolution of services offered, etc.). The Professional presents their skills, references and offerings honestly, without seeking to mislead Visitors. They must not impersonate a third party or provide false attestations. In the event of substantial changes (company merger, change of name, cessation of activity), they will inform the Company so that the profile may be updated or removed as appropriate.
• Legal compliance of the activity: The Professional declares that they carry on their activity lawfully, are duly registered where required, and are up to date with their obligations (professional insurance, administrative declarations, etc.). They undertake to comply with all laws and regulations applicable to them in the context of their professional activity and use of the Site. For example, if they deal with a consumer Visitor, they will apply the relevant consumer-protection provisions (pre-contractual information, withdrawal periods where applicable outside bespoke services, etc.) in the contract they conclude with that client. Likewise, if they publish content via the Site (sponsored article, comment, reply to a review), they will comply with the legislation in force on advertising and transparency (mandatory disclosure of advertising, prohibition of unlawful comparative advertising, etc.).
• Quality of service: The Professional will endeavour to respond within a reasonable time to quote requests or contact enquiries transmitted to them via the Site. They remain free to follow up or not on the enquiries received, and to negotiate the terms of the contract directly with the interested Visitor, but they are expected to observe the rules of courtesy and professional conduct in their exchanges. In the event of an impediment or if they do not wish to respond favourably to a request, it is preferable that they politely inform the Visitor (so that the Visitor may seek another provider). The Provider is solely responsible for the contractual commitments they enter into with a client introduced by the Site: the Company does not intervene in the negotiation or in the performance of the services and cannot be held liable for any failure by the Provider to meet their obligations towards the client.
• Use of Visitors' data and GDPR: In the context of introductions, the Professional may receive personal data from Visitors (for example: the name, telephone number, email address and project details of a prospect seeking a provider). The Professional acknowledges that they thereby assume the role of data controller in respect of that data within the meaning of the General Data Protection Regulation (GDPR) for any use they make of it on their own account. As such, they undertake to comply with the applicable personal data regulations, in particular the French Data Protection Act no. 78-17 as amended and the GDPR (EU 2016/679). In practice, the Professional will use the data received solely to contact the Visitor in connection with their initial request and will not reuse it for any other purpose without a legal basis (for example, they will not automatically add the Visitor's email address to a commercial newsletter without their explicit consent). The Professional will ensure that appropriate technical and organisational measures are in place to protect that data against any unauthorised access or use. They must also respect the rights of data subjects: if a Visitor requests the deletion of or access to their data, and that data is not also stored by the Company, it is for the Professional to act on that request in accordance with the applicable legal requirements. In the event of a serious breach of data-protection obligations, the Professional indemnifies the Company against any consequences (proceedings, CNIL complaint, etc.) arising from their own fault in this regard.
• Content published by the Professional: Any content that the Professional adds to the Site (profile text, images, comments, replies to reviews, etc.) must be relevant, lawful and must not infringe the rights of third parties. In particular, it is prohibited to publish via a Professional account any unlawful, defamatory, obscene or misleading content. The Professional takes care not to infringe intellectual property rights (e.g. they will not display on their profile any photos or logos for which they do not hold the rights — see also section 4.1) or personality rights (right to one's image of persons mentioned without authorisation, etc.). They are also prohibited from manipulating the Site's systems — for example, creating fake accounts or fake quote requests with a view to improving their ranking or improperly obtaining information about their competitors. Where applicable, the Company reserves the right to remove any non-compliant content and to take action against the Professional at fault (see Article 3.5 below).
• Confidentiality and non-solicitation: In certain cases, the Professional may have access to non-public information via the Site (for example: an overview of general statistics, information on projects posted online before they are awarded, etc.). They undertake to treat as confidential any information that is not manifestly intended to be public. Furthermore, the Professional is prohibited from using the Site's introduction tools to redirect users towards competing platforms, or to recruit other providers listed by the Company for the purposes of unfair competition.

Liability of the Professional: The Professional assumes full responsibility for the consequences of their use of the Site and the services vis-à-vis third parties. They indemnify the Company against any claim, action or judgment arising from a fault or breach by the Professional of their legal obligations or of these terms of use. For example, if content published by the Professional on the Site (or via a link they have provided) causes harm to a third party or infringes a copyright, only the Professional may be held liable to the exclusion of the Company, whose role is limited to hosting that content. Likewise, the Professional remains solely responsible towards clients obtained through the Site: as the Company provides only a technical platform, it does not guarantee the success of projects or the solvency of clients, and cannot be held liable for any commercial disputes or failures in the performance of services.

The Company provides no warranty other than access to the service in accordance with these provisions. No commitment to results is made regarding the number of commercial contacts the Professional will obtain or the revenue they may generate through the Site. The Professional acknowledges that the Company owes them no compensation should their commercial performance fall below expectations. In any event, any potential liability of the Company towards a Professional (for whatever reason) shall in all cases be limited to the amounts actually paid by that Professional for paid services in the twelve months preceding the event giving rise to the loss, and the Company shall only compensate for proven direct damages, excluding indirect damages such as loss of profit, loss of customers, loss of reputation, or financial loss.

3.4 Duration, Termination and Penalties (Professionals)

Duration of the Professional contract: The Professional's acceptance of these terms of use constitutes the formation of an open-ended contract between the Company and the Professional, with effect from the validation of their registration. Paid subscription services are subscribed to for the chosen duration (see Article 3.2) and are renewed by tacit renewal unless terminated. The Professional account remains active for as long as the Professional does not close it and the Company does not delete it on legitimate grounds. By clicking the payment button and completing the order via Stripe, the Professional expressly acknowledges acceptance of these terms of use as well as the specific conditions of the selected subscription. Any subscription period that has commenced remains payable in full and may not give rise to a refund, except where required by mandatory law or in the event of gross misconduct on the part of the Company.

Termination by the Professional: The Professional may decide at any time to delete their account and end their listing on the Site. This can be done by contacting the Company in writing (by email or post) at the contact details provided at the end of the terms of use, or via any account closure procedure that may be made available on the dashboard. Upon account closure, the Professional's access to their profile and admin area will be deactivated once the request has been processed (generally within a few days). The public content of the profile may be deleted or anonymised by the Company, unless there is a legal obligation to retain it. If the Professional had an active paid subscription, closing the account will result in the subscription being terminated on the same date: no refund will be made for any subscription periods already started, unless otherwise provided by law or a specific commercial agreement. The Professional is therefore advised, where possible, to cancel their subscription in accordance with the terms set out below before closing their account, in order to avoid any undue charges.

Termination or suspension by the Company: The Company reserves the right to temporarily suspend a Professional's account or to terminate it permanently (removal of the Provider from the platform) in the event of a breach by the Professional of these terms of use or of applicable law. Except where urgency justifies immediate suspension, the Company will send the Professional a notification (by email) setting out the facts alleged and, depending on the seriousness of the matter, inviting the Professional to remedy the situation within a given period. If the Professional fails to cooperate, or if the breach is deemed sufficiently serious, the Company may close the account as of right, by means of a reasoned email, in particular in the following cases:

• Material breach by the Professional of any of their contractual obligations (false information, infringement of third-party rights, publication of unlawful content, non-compliance with GDPR, etc.);
• Use of the platform in a manner liable to harm the interests of the Company, other users, or the proper functioning of the Site (fraud, attempted hacking, traffic diversion, unfair competition, etc.);
• Failure to pay an invoice or subscription instalment beyond its due date, despite a payment reminder;
• More generally, any legitimate reason making it impossible to continue the contractual relationship, such as the Company ceasing to operate the Site or an essential feature used by the Professional, or a change in the Site's direction that is incompatible with the Professional's continued presence.

In the event of account termination at the Company's initiative, the Professional's paid subscription will be automatically terminated on the same date. If the termination is due to a fault on the part of the Professional (breach of the terms of use), the Professional shall not be entitled to a refund of any sums already paid, and the Company reserves the right to claim compensatory damages for any loss suffered, where applicable. If the termination is not attributable to a fault (e.g. a strategic decision by the Company to discontinue the comparison tool), the Company will refund, on a pro-rata temporis basis, any advance payments covering the period after the end-of-service date.

Subscription cancellation terms: Independently of account deletion, the Professional may choose to cancel only their paid subscription (whilst retaining a free profile). Cancellation of a subscription with tacit renewal must take place before the renewal date to avoid automatic renewal. The Professional can generally disable renewal via their personal account area or by contacting the Company's support team. The precise cancellation terms (notice period, contact details) are set out at the time of subscription and in purchase confirmation emails. The Professional, who contracts for the purposes of its business activity, acknowledges that the provisions of articles L215-1 et seq. of the French Consumer Code relating to the tacit renewal of contracts do not apply to it. As a mere courtesy, the Company may send a reminder before the end of the commitment period; the absence or late sending of such a reminder gives no right to early termination or to a refund of the sums due for the current period. Once the subscription has been cancelled, the Professional retains access to its benefits until the end of the period already paid for, after which their profile reverts to standard free mode. The drafting, publication and ongoing online availability of software review listings and associated backlinks are strictly conditional upon the maintenance of an active and duly paid subscription, with no guarantee of results in terms of natural search engine optimisation or visibility.

Exit and data retrieval: In the event of account deletion (whether by the Professional or by the Company), the Professional will no longer have access to their dashboard or associated data. It is their responsibility, prior to closure, to export or back up any information they wish to retain (e.g. copies of reviews received, click statistics, etc.), within the limits of what the interface allows. The Company may retain certain minimal data relating to the Professional for as long as necessary to protect its legitimate interests (dispute management, statutory accounting or tax retention obligations, etc.), in accordance with personal data regulations (see privacy policy).

3.5 Payment incidents and suspension of services

If a payment collected via Stripe fails (declined card, expired card, insufficient funds, etc.), Stripe will make one or more further debit attempts in the following days.

If full payment is not received within 1 (one) day of the first payment incident, the Company may, without any further formal notice:
– suspend the Professional's access to paid features;
– remove or downgrade content benefiting from paid visibility (featured listings, reviews pages, backlinks, sponsored articles, etc.).

If the payment incident persists beyond 7 (seven) days, the Company may terminate the relevant subscription by operation of law, whilst retaining any sums already due. The suspension or removal of services due to non-payment shall not under any circumstances be treated as a wrongful termination giving rise to any right to compensation for the Professional.

3.6 No traffic guarantee

The featuring of a software in one or more categories guarantees only the visibility of the listing in accordance with the terms described in the software vendor area.
La Fabrique du Net does not guarantee any minimum volume of traffic, clicks, or conversions, as these depend in particular on competition, seasonality, and algorithmic changes.
The commitment relates exclusively to effective visibility, which can be observed in the software vendor area via the indicators provided.

3.7 Purchase of contacts (leads)

Registered agencies and providers may purchase, on a per-unit basis, contact requests ("leads"). Each lead is invoiced at the unit price excluding VAT displayed at the time of purchase, settled via our payment provider, where applicable by debit from the saved payment method; an invoice is issued for each purchase. A refund may be granted, at the agency's request and following review by La Fabrique du Net, in limited cases relating to the quality of the contact (in particular, an unreachable contact, a request clearly outside the target scope, or a project already awarded). No volume or commercial result is guaranteed.

3.8 Reviews and third-party data

When an agency requests a review by providing one of its clients' data, it warrants that it has obtained the prior consent of the individual concerned and informed them of this transfer. The agency acts as data controller in respect of that data, with La Fabrique du Net acting as processor solely for the purpose of sending the review request. The agency indemnifies La Fabrique du Net against any claim arising from the absence of a lawful basis.

3.9 "Premium Partner" subscription (agencies)

The "Premium Partner" subscription is offered to agencies listed on the Site at the price in force displayed at the time of subscription (for reference, 139 euros excluding tax per month as at the date of this update), payable monthly or annually at the agency's option. It includes, under the conditions and within the limits described in the subscriber area: enhanced management of the agency profile, display of the "Recommended agency" badge, a hyperlink to the agency's website, access to the Marketplace module allowing the purchase of introduction requests (article 3.7), and access to the Public Tenders module. The exact content of the offer is that presented on the subscription page on the day of the order.

The subscription is entered into for the chosen term (monthly or annual) and renews automatically for successive periods of the same duration. The agency may cancel at any time from its dashboard or by contacting the Company; cancellation takes effect at the end of the current period, which remains payable in full. The benefits attached to the subscription, including the badge and the hyperlink, are withdrawn on the effective date of cancellation, without such withdrawal giving rise to any compensation. In accordance with article 3.2, no commercial result and no position in the rankings is guaranteed.

3.10 "AI Visibility" module

The "AI Visibility" module is a paid option reserved for agencies holding an active Premium Partner subscription. It is the subject of a standalone subscription, separate from the main subscription, at the price in force displayed at the time of subscription (for reference, 99 euros excluding tax per month as at the date of this update). The first period is invoiced immediately upon activation, the module being accessible without delay; the professional agency acknowledges that this immediate performance is of the essence of the service.

The module renews automatically for monthly periods. It may be cancelled at any time from the dashboard; cancellation takes effect at the end of the current period, which remains payable. The cancellation, suspension or expiry of the Premium Partner subscription, for any reason whatsoever, automatically entails the deactivation of the AI Visibility module at the end of the module's current period, without any refund for the period already started. The indicators provided by the module (mentions, sources, visibility scores within the answers of third-party artificial intelligence systems) are provided for information purposes only, on the basis of measurements carried out by the Company on third-party services whose operation and changes it does not control; no exhaustiveness and no improvement in visibility is guaranteed.

3.11 Sponsored positions on ranking pages

The Company offers agencies, including non-subscribers, the purchase of sponsored positions on specific ranking pages of the Site. Four tiers are offered (Starter, Bronze, Silver, Gold), whose prices, expressed excluding tax and per month, are displayed at the time of ordering. Some tiers may only be opened for purchase progressively, depending on the demand observed on each page; the availability displayed at the time of ordering prevails.

Billing and commitment. Although prices are expressed per month, each position is invoiced quarterly, payable in advance, for an amount equal to three times the monthly price of the chosen tier. Subscribing entails a firm commitment for the paid quarter. The subscription then renews automatically for quarterly periods, each payable in advance and due in full. Each position is the subject of a separate subscription.

Cancellation. The agency may cancel a position at any time from its dashboard. Cancellation takes effect at the end of the paid quarterly period: the position remains active until that date and is then removed. No refund, in whole or in part, of the paid period is made, except in the event of fault on the part of the Company or where required by mandatory law.

Display order. Within the sponsored slots of a page, positions are ordered first by tier (a higher tier is always displayed before a lower tier) and then, within the same tier, by seniority of subscription on the page concerned. As a result, no specific rank is guaranteed: the subsequent purchase of a higher tier by a third party may push back an existing position, without this giving rise to any refund or compensation. The Company exclusively guarantees the effective display of the position in the sponsored area of the page concerned during the paid period. In accordance with article 3.2, no volume of traffic, contacts or contracts is guaranteed.

Page unavailability. If the ranking page concerned were to be deleted or unpublished by the Company during a paid period, the Company will offer, at the agency's option, the transfer of the position to an equivalent page or a pro-rata temporis refund of the remaining period.

3.12 Ranking transparency

In accordance with Regulation (EU) 2019/1150 of 20 June 2019, the Company informs Professional Users of the main parameters determining the ranking of providers on the pages of the Site and of their relative importance. The default ranking is based in particular on: the completeness and quality of the provider's profile, the number, freshness and content of the customer reviews collected, the relevance of the provider to the topic and location of the page, and the recent activity of the account.

The ranking may also be influenced by direct remuneration paid to the Company: providers who have subscribed to a Premium Partner subscription or a sponsored position (article 3.11) may appear at the top of the ranking pages concerned, under the conditions described in those articles. This possibility of influencing the ranking in return for remuneration is open on the same terms to any listed provider, subject to slot availability. No remuneration, however, makes it possible to alter the content of reviews or the ratings displayed.

3.13 Transitional provisions: former fixed slots

Featured placements with fixed slots subscribed before the entry into force of the scheme described in article 3.11 remain governed by their initial conditions until the end of the current period. Upon renewal, they switch to the sponsored positions scheme of article 3.11, at the tier and price of the schedule then in force, which replace the previous conditions.

The Company informs each provider concerned individually, by email, before the expiry of its current period, of the tier and price that will apply to it upon renewal. A provider who does not accept these new conditions may cancel free of charge, with effect at the end of the current period, from its dashboard or by contacting the Company before the expiry date. In the absence of cancellation before the expiry date, renewal at the new price constitutes acceptance of the new conditions and the corresponding payment is collected in accordance with article 3.11.

The following clauses apply equally to all users of the Site (Visitors and Professionals). The Company's computerised records, kept under reasonable security conditions, together with the payment data held by the provider Stripe, shall be binding between the parties and shall be considered admissible evidence of the communications, orders, payments and transactions carried out via the Site.

4.1 Intellectual Property of the Site and Licence of Use

Ownership of the Site and its content: The Company (Brends) is the owner or licensee of all intellectual property rights in the Site and its original content. Unless otherwise indicated, all elements appearing on the Site are protected by copyright, trade mark law, database rights and/or other applicable rights. In particular, the trade mark "La Fabrique du Net", the Site's domain name, its logo, its visual identity, as well as the texts, illustrations, images, comparison sheets and databases of providers or software published on the Site are the exclusive property of the Company or its partners and may not be reproduced or used without prior express authorisation. The Company grants Visitors a personal, non-exclusive and non-transferable licence to access and browse the Site, strictly limited to private and non-commercial use. Any other use of the Site's content (reproduction, automated extraction, public dissemination, modification, etc.) is strictly prohibited without the Company's written consent, and may constitute an act of infringement.

User-generated content: Comments posted by Visitors, profile information and other content provided by Professionals remain the property of their respective authors. However, by submitting such content on the Site, the user grants the Company, free of charge, a non-exclusive licence to reproduce, represent, publish, translate and display that content on the Site and any associated medium (social media pages linked to the Site, promotional communications for the Site), worldwide and for the duration of the relevant rights. This licence is granted solely for the purpose of the proper performance of the Company's services, in particular connecting Professionals with Visitors and promoting Professionals to Visitors. If user content is removed from the Site (by the user or through moderation), the Company will cease making active use of it, although temporary technical copies may remain in its backups for a transitional period before permanent deletion.

The Professional warrants that they hold all necessary rights (copyright, trade mark rights, etc.) over any content they include in their profile or provide to the Company for publication (for example, a sponsored article). They remain responsible for such content and agree to indemnify the Company against any consequences arising from an unlawful publication (for example, where a third party alleges infringement of copyright or trade mark rights). The Company will use its best efforts to credit content authors where required (for example, by citing the source of a quotation or the author of a testimonial where this has been communicated).

Hyperlinks: The Site may contain links redirecting to third-party sites or resources (e.g. a provider's website, an external blog, a partner tool). The presence of these links does not constitute an endorsement by the Company of the content of those external sites. The Company exercises no control over these external resources and cannot be held liable for their availability, content, advertising, products or services. Visitors are encouraged to consult the terms of use and privacy policies of those third-party sites before using them. Conversely, the creation of hyperlinks to a page of the Site is permitted on a non-exclusive basis, provided such links remain fair and do not create any confusion as to the source. The Company reserves the right to request the removal of any link pointing to the Site that would damage its reputation or fail to comply with applicable law.

4.2 Personal Data and Cookies

The Company attaches great importance to protecting the personal data of its users. In accordance with the GDPR and the loi Informatique et Libertés, the terms governing the collection and processing of personal data via the Site are set out in the Privacy Policy. You are strongly encouraged to read it. By using the Site and submitting personal information (contact form, registration, etc.), the user acknowledges having read the Privacy Policy.

Here is a summary of the key aspects: data collected (such as first name, last name, company name, email address, phone number, project information, IP address, etc.) is used solely for the purposes for which you provided it — for example: connecting you with a relevant provider, sending newsletters where consent has been given, improving the Site's services, etc. The legal basis for processing is generally your consent (for contact forms and newsletters) or the Company's legitimate interest (for managing the matching service and prospecting with Professionals). The Company may transmit certain data to the providers concerned by a quote request (limited to what is necessary for assessing the request), or to technical processors (for example the Site's hosting provider or email-sending tool) acting on the Company's instructions and bound by a confidentiality obligation.

Each user has the rights provided for under applicable regulations: rights of access, rectification, erasure, objection, restriction, and portability where applicable. You may exercise these rights by contacting the Company at the email or postal address indicated below at the end of the terms of use (article 4.5), specifying your request and providing proof of your identity. The Company will endeavour to respond as promptly as possible (and no later than the statutory deadline of one month, which may be extended). In the event of an unresolved dispute, you may lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés) in France.

Regarding cookies and trackers, the Site uses cookies in accordance with the purposes described in the Cookie Policy (see the dedicated page). Some cookies are necessary for the Site to function (e.g. session cookies), while other optional cookies are used for audience measurement or marketing purposes. Visitors may consent to or refuse the use of non-essential cookies via the cookie banner on their first visit, and may change their preferences at any time.

The Professional undertakes, for their part, to comply with the applicable rules on data protection in respect of any personal data of Visitors they may obtain via the Site, as set out in Article 3.3. Under no circumstances shall the Company be held liable for any failure by the Professional to meet their own legal obligations in this regard.

4.3 General Limitation of Liability

Liability of the Company: The Company takes reasonable steps to ensure the proper functioning of the Site and the services offered on it. However, its obligation remains a best-efforts obligation. The Company accepts no liability for damages resulting from external causes, including faults on the part of the user or third parties, or a case of force majeure as defined by French case law (including, without limitation: strikes, natural disasters, widespread power outages, large-scale cyberattacks).

To the fullest extent permitted by law, the Company shall not be liable for any indirect damages suffered by a user, such as loss of profit, loss of revenue, loss of data, reputational harm, or any other intangible loss, even if the Company has been made aware of the possibility of such damages. In particular, in respect of the free services provided to Visitors, the Company offers no warranty and assumes no liability beyond that which is mandatorily imposed by law. The Site and its contents are provided "as is" and without any express or implied warranty as to their accuracy, relevance, availability, or fitness for any particular purpose.

The Company shall not be held liable for any malfunctions or inaccessibility of the Site attributable to third parties or to the user's technical environment (such as internet network outages, hardware or software incompatibilities, access provider failures, etc.). Likewise, the Company shall not be held liable for any unlawful content or activities carried out by users or third parties via its Site of which it had no actual knowledge. In accordance with the regulations on trust in the digital economy, the Company's liability as host of certain content (comments, listings, etc.) may not be engaged on account of unlawful content published by a user, provided that the Company had no knowledge of it or acted promptly to remove it upon being informed.

User's contribution to their own security: The user (Visitor or Professional) acknowledges that it is their responsibility to take all appropriate measures to protect their own data and equipment, in particular against viruses and malicious software potentially circulating on the Internet. The Company recommends that each user keep their antivirus software up to date and refrain from sharing their login credentials. The Company shall not be held liable for any damage affecting the user where such damage results from the user's own negligence in safeguarding or protecting their data.

Liability cap (Professionals): For Professional Users who have subscribed to paid services, and subject to any mandatory statutory provisions to the contrary, the Company's total potential liability towards the Professional, regardless of the cause, shall be limited to the total amount paid by the Professional to the Company during the twelve months preceding the damaging event. This clause is deemed accepted by the Professional upon their subscription to the services, which fall within the scope of a commercial relationship between professionals.

Nothing in these terms of use is intended to exclude or limit any liability that cannot be excluded or limited under applicable law. Certain legislation (in particular consumer protection legislation) prohibits the exclusion of certain warranties or the limitation of liability in cases of fraud or gross negligence. Accordingly, the limitations set out above apply only to the extent permitted by law.

4.4 Amendments to the Terms

The Company reserves the right to modify, correct or update these Terms of Use at any time, in particular to reflect legal, regulatory, case-law, technical or commercial developments affecting the service. In the event of any amendment, the new version of the Terms of Use will be published on the Site with the date of the update indicated. The amendment will be binding on users as soon as it is published online, but will not affect ongoing transactions or subscriptions entered into prior to the amendment if it introduces materially adverse changes without prior notice.

The Company may inform registered users (in particular Professionals) of updates to the Terms of Use by any appropriate means (dashboard notification, email, etc.), particularly where the amendment is significant. In any event, it is your responsibility to check the Terms of Use page regularly. Continuing to use the Site after the effective date of any amendments will constitute your tacit acceptance of those amendments. If you do not agree with the new terms, the Visitor must cease using the Site and the Professional may terminate their account in accordance with the provisions of Article 3.4. No amendment to the Terms of Use may have the effect of entirely removing a right already acquired by a user in respect of an ongoing paid contract period, unless an alternative is offered by way of compensation.

4.5 Applicable Law and Competent Jurisdiction

Applicable law: These Terms of Use are governed by French law. They are drafted in French; in the event that they are translated into other languages and a discrepancy arises, the French version shall prevail.

Attempt at amicable resolution: In the event of a dispute relating to the application or interpretation of these Terms of Use, you undertake to contact the Company in the first instance in order to seek an amicable resolution. You may send any complaints or queries to the address set out below. The Company will endeavour to respond in good faith and to resolve the dispute as promptly as possible.

Jurisdiction: In the absence of an amicable settlement, any dispute shall be brought before the competent courts. If you are a professional, any dispute falls under the exclusive jurisdiction of the Tribunal de Commerce du ressort du siège de la Société (currently the Tribunal de Commerce de Tours), including in cases of interim proceedings, incidental claims, or multiple defendants, unless otherwise agreed in writing. If you are a consumer (a Visitor acting for non-professional purposes), you benefit from the protective provisions of the Code de la consommation: you may, at your discretion, bring proceedings before any of the territorially competent courts under the code de procédure civile, or before the court of the place where you resided at the time the contract was concluded or the harmful event occurred (C. conso. art. R.631-3). Furthermore, in accordance with articles L.611-1 et seq. of the Code de la consommation, consumers may have free recourse to a consumer mediation procedure with a view to the amicable resolution of the dispute (the Company can provide the contact details of a competent consumer mediator upon request, where applicable). There is also a European Online Dispute Resolution platform accessible at https://ec.europa.eu/consumers/odr.

Severability: If any clause of these terms of use is declared null, unlawful, or unenforceable by a final court decision, it shall be deemed unwritten without thereby rendering the remaining provisions null and void; those provisions shall retain their full effect. The invalid clause shall, where applicable, be replaced by a valid provision of equivalent effect, in the spirit of the original clause and in accordance with applicable law.

Non-waiver: The fact that the Company does not invoke, or delays in invoking, any provision of the terms of use at any given time shall not be construed as a definitive waiver of the right to exercise that right or to require strict compliance with your obligations in the future.

Entire agreement: These terms of use constitute the entire agreement between the parties with respect to the use of the Site and supersede all prior agreements or exchanges, whether oral or written, on the same subject matter. However, they may be supplemented by Special Conditions or a separate contract for certain specific services, as mentioned in the preamble.

Contact: For any questions relating to the terms of use or the use of the Site, you may contact the Company at the following details:

Brends – La Fabrique du Net (Legal department)

Postal address: 1 Impasse du Palais, 37000 Tours, France

Contact us: via the Site's contact form, accessible here

By continuing to use the Site, you acknowledge that you have read, understood, and accepted without reservation the entirety of these terms of use. Thank you for your trust, and we wish you an excellent experience on La Fabrique du Net.