Terms of Sale

PREAMBLE

This English translation is provided for convenience; the French version prevails. Version 1.2 of 15 October 2026.

The general terms of use and sale of BusinessBrain real estate (the “General Terms”), a service published by BUSINESS BRAIN, form a single contract together with the Processing Agreement concluded under article 28 of the GDPR. This page sets out their provisions on price, invoicing, payment, liability, force majeure, term and termination, as well as the price grid (annex 1), with their original numbering, sometimes in summarised form. The other provisions, including the definitions (article 1), the trial (article 6), data reversibility (articles 19 and 19 bis) and governing law (article 22), are set out in the Terms of Use.

The General Terms are accepted by the handwritten or electronic signature of the Client's authorised representative, at the same time as the Processing Agreement (article 2.2). The signed general terms prevail.

ARTICLE 15 — PRICE, INVOICING AND PAYMENT

15.1. Principle. The Service is invoiced on a usage basis. No subscription is due. No sum is due for usage covered by the trial allowance (article 6), nor for usage prior to the registration of a confirmed means of payment.

15.2. Prices. The prices are as follows:

• Reply to an e-mail written by the Assistant and sent: €0.05 excl. VAT per reply.
• Address-book assistant: per million tokens consumed, according to the price grid in annex 1, displayed in the Workspace before any use.
• Telephone call handled by the Assistant: €0.25 excl. VAT per minute, only if the Agency requests that this channel be opened; it is not open at the date hereof (article 4.2).
• Usage served by Anthropic's models: at the rate displayed in the Workspace before the choice, only if the Agency has chosen this option; it is closed at the date hereof (article 13.3).

ARTICLE 15 (CONTINUED) — ADDRESS-BOOK PRICES, VAT, PAYMENT AND INVOICING

The price of the address-book assistant is expressed in euros excluding VAT per million tokens, separately for the input and output tokens of each model. These prices appear in the price grid of the Workspace; the grid in force at signature is annexed to the General Terms (annex 1). They are calculated from the cost that the provider of the artificial intelligence model charges BUSINESS BRAIN. Any increase, including one resulting from an increase in the model provider's price, follows article 15.6. A decrease applies as soon as it is published. Prices are in euros excluding VAT. VAT at the standard rate of 20% is added.

15.3. Payment. Payment is entrusted to Stripe Payments Europe (Dublin, Ireland). The card is entered in a Stripe module: its data do not pass through the servers of BUSINESS BRAIN. By registering a means of payment, the Client authorises BUSINESS BRAIN to debit it at each due date for the amount invoiced.

15.4. Invoicing. BUSINESS BRAIN invoices usage every month, in arrears, by a summary invoice issued in its name. Each invoice carries the statements required by article L441-9 of the French Commercial Code and by tax regulations, in particular: the identity, address, SIREN number and EU VAT number of each party; the nature of the transactions (supply of services); the period invoiced; the quantities and unit prices excluding VAT; the VAT rate and amount; the due date; the absence of any discount; the late-payment penalty rate and the fixed compensation of forty (40) euros. Invoices are payable on receipt, by debit of the registered means of payment. No discount is granted for early payment. The Client provides and keeps up to date its name, billing address, SIREN number, EU VAT number and, where applicable, its purchase order number.

15.4 bis. Electronic invoicing. As soon as BUSINESS BRAIN is required to do so, and by 1 September 2027 at the latest, invoices are issued in electronic form. They are transmitted by the approved platform of BUSINESS BRAIN to the receiving platform that the Client has designated in the electronic-invoicing directory (article 289 bis of the French General Tax Code). The Client keeps this designation up to date. At the date hereof, BUSINESS BRAIN has not yet chosen its approved platform; it will choose it upon its registration. Until electronic issuance, invoices are made available in the Workspace and sent by e-mail. An invoice transmitted through another channel following an incident remains due on its due date.

15.5. Late payment. Any sum unpaid on its due date bears, automatically and without reminder, late-payment penalties at the rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points (article L441-10, II of the French Commercial Code). A fixed compensation for recovery costs of forty (40) euros is also due (articles L441-10 and D441-5 of the French Commercial Code). After a formal notice that has remained without effect for fifteen (15) days, BUSINESS BRAIN may suspend access to the Service. Client Data are kept during the suspension.

15.6. Price revision. BUSINESS BRAIN may change its prices by giving the Client at least thirty (30) days' notice. A Client who refuses the change may terminate before it takes effect, free of charge.

ARTICLE 16 — LIABILITY

16.1. Each party is liable for the direct damage that its breaches cause to the other.

16.2. BUSINESS BRAIN is not liable for: indirect damage, such as loss of turnover or of clientele; the content of the messages the Agency validated or authorised to be sent; the decisions the Agency takes on the basis of information provided by the Service, in particular the matching score; the accuracy of the public data consulted (Sirene, BODACC, land register, DVF, ADEME energy performance certificates, OpenStreetMap); the service provided by the Agency's e-mail provider.

16.3. Cap. The total liability of each party to the other, for all causes combined, is limited to the amount excluding VAT paid by the Client for the Service during the twelve (12) months preceding the event giving rise to liability, and may not be less than one thousand (1,000) euros. For breaches of the Processing Agreement, the cap is raised to three times that amount, and may not be less than five thousand (5,000) euros. The cap does not apply to sums owed by the Client as the price.

16.4. This cap does not apply in the event of gross negligence or fraud, nor to personal injury. It does not deprive data subjects of their right to compensation against either party (GDPR, article 82); it does, however, apply to recourse between the parties (article 82.5).

ARTICLE 17 — FORCE MAJEURE

Neither party is liable for a breach caused by force majeure within the meaning of article 1218 of the French Civil Code. If the impediment lasts more than thirty (30) days, either party may terminate the Contract in writing, without compensation.

ARTICLE 18 — TERM AND TERMINATION

18.1. Term. The Contract takes effect on signature. It is concluded for an indefinite term, in monthly periods.

18.2. Termination by the Client. The Client may terminate at any time, in writing sent to support@mybusinessbrain.eu. Termination takes effect at the end of the current monthly period. Only the usage consumed until that date is due; it is invoiced in arrears. In the cases provided for in articles 4.4, 15.6 and 20, and in the event of an objection to a sub-processor (Processing Agreement), the Client may terminate free of charge, with effect on the date it indicates. The Client may also start the provider-switching procedure of article 19 bis at any time.

18.3. Termination by BUSINESS BRAIN. BUSINESS BRAIN may terminate the Contract by giving the Client at least three (3) months' notice, to leave it time to recover its data.

18.4. Termination for breach. In the event of a serious breach by one party, the other may terminate the Contract after a formal notice that has remained without effect for thirty (30) days (articles 1224 et seq. of the French Civil Code). In the event of a deliberate attack on the security of the Service or on the data of other agencies, BUSINESS BRAIN may terminate without notice.

The fate of Client Data at the end of the Contract (export, free extraction on request, recovery period, then deletion) is governed by articles 19 and 19 bis, set out in the Terms of Use.

ANNEX 1 — PRICE GRID

Prices in euros excluding VAT, in force on 15 October 2026. VAT at the standard rate of 20% is added. Increases follow article 15.6; decreases apply as soon as they are published.

A line is invoiced only if the corresponding function is open in the Client's Workspace. The free allowance of article 6 is counted at the prices of this grid.

• Reply to an e-mail written by the Assistant and sent: €0.05 per reply
• Address-book assistant, “fast” model, input tokens: €1.50 per million tokens
• Address-book assistant, “fast” model, output tokens: €6.00 per million tokens
• Address-book assistant, “expert” model, input tokens: €15.00 per million tokens
• Address-book assistant, “expert” model, output tokens: €75.00 per million tokens
• Address-book assistant voice, transcription: €0.03 per minute
• Address-book assistant voice, speech synthesis: €0.16 per 1,000 characters
• The Assistant's tools (web search, document reading and others): ten (10) times the cost that the provider charges BUSINESS BRAIN for their use
• Telephone call handled by the Assistant: €0.25 per minute; channel not open at the date hereof (article 4.2)
• Usage served by Anthropic's models: rate displayed in the Workspace before the choice; option closed at the date hereof (article 13.3)