Terms of Use

PREAMBLE

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

The BusinessBrain real-estate service is published by BUSINESS BRAIN, société par actions simplifiée with a share capital of €100 (SIREN: en cours d’immatriculation; EU VAT number: en cours d’immatriculation), whose head office is at 64 promenade du Maréchal Leclerc de Hauteclocque, 06500 Menton, France, represented by its President, Rayane Caputo. Contact: support@mybusinessbrain.eu; telephone: 06 64 46 46 79.

The Service is intended for real-estate agencies. It helps them keep their register of mandates and their files on properties, owners and buyers, and handle the e-mails they receive, with the help of an artificial intelligence assistant placed under their control.

The general terms of use and sale of BusinessBrain real estate (the “General Terms”) form a single contract. This page sets out their provisions on the use of the Service, with their original numbering, sometimes in summarised form. The provisions on price, invoicing, payment, liability, term and termination are set out in the Terms of Sale. The signed general terms prevail.

ARTICLE 1 — DEFINITIONS

In the General Terms:

• Agency or Client: the legal or natural person, a real-estate professional, who subscribes to the Service.
• Service: the BusinessBrain real-estate online service, accessible through the portal real-estate.mybusinessbrain.eu and through the programming interface api.real-estate.mybusinessbrain.eu.
• Workspace: the area of the Service reserved for one Agency, partitioned from those of other agencies.
• User: any person authorised by the Agency to access its Workspace.
• Assistant: the functions of the Service that rely on an artificial intelligence model (preparing replies to e-mails, answering Users' requests, dictation, organising files).
• Draft: a reply prepared by the Assistant and not yet sent.
• Reflex: a routine communication (for example a viewing reminder) that the Service prepares or sends according to a level that the Agency sets for each Reflex (article 8.4).
• Client Data: all data, documents and files that the Agency or its correspondents put into the Service, or that the Service produces for it.
• Public Page: the page of a property that the Agency publishes by means of the Service, viewable by any visitor without an account.
• Processing Agreement: the agreement concluded under article 28 of the GDPR between the Agency and BUSINESS BRAIN.
• Contract: the whole formed by the General Terms and their annexes 1 to 4, the Processing Agreement with its annexes and, where applicable, the purchase order.

ARTICLE 2 — PURPOSE, ACCEPTANCE AND ORDER OF PRECEDENCE

2.1. The General Terms set the conditions of access to the Service, of its use and of its sale. They are the sole basis of commercial negotiation within the meaning of article L441-1 of the French Commercial Code.

2.2. The Client accepts them by the handwritten or electronic signature of its authorised representative, at the same time as the Processing Agreement. In accordance with article 1119 of the French Civil Code, they are enforceable against it from that acceptance. The Client's general purchasing conditions do not apply, unless BUSINESS BRAIN agrees in writing.

2.3. In the event of a contradiction between the documents of the Contract, the order of precedence is: (1) the purchase order, if any, for its specific conditions only; (2) the Processing Agreement, for everything relating to personal data; (3) the General Terms and their annexes.

ARTICLE 3 — THE CLIENT'S PROFESSIONAL STATUS

3.1. The Service is reserved for professionals. The Client declares that it acts for purposes within the scope of its professional activity. It declares that it holds the professional card and, where applicable, the financial guarantee required by French law no. 70-9 of 2 January 1970 (the “Hoguet law”).

3.2. The Client does not act as a consumer. The consumer-protection provisions of the French Consumer Code therefore do not apply to the Contract, in particular the fourteen-day right of withdrawal of article L221-18.

3.3. By way of exception, article L221-3 of the French Consumer Code extends some of these protections to an off-premises contract concluded with a professional employing no more than five employees, where the subject of the contract does not fall within the scope of its main activity. If those conditions were met, the Client would enjoy the corresponding rights, within the limits of that provision. Accordingly, where the Contract is concluded off premises with a Client employing no more than five employees whose main activity is not software publishing, that Client may withdraw within fourteen (14) days of conclusion, without giving reasons, by the form in annex 4 of the General Terms or by any unambiguous statement sent to support@mybusinessbrain.eu. During that period, the Service starts only at its express request. A Client who withdraws after making that request pays for the usage consumed until it communicated its withdrawal (article L221-25 of the French Consumer Code).

The annex 4 form is sent to BUSINESS BRAIN, 64 promenade du Maréchal Leclerc de Hauteclocque, 06500 Menton, France, support@mybusinessbrain.eu. It gives notice of withdrawal from the contract for the BusinessBrain real-estate service and states its date of conclusion, the Client, its address, the date and the signature.

ARTICLE 4 — DESCRIPTION OF THE SERVICE: FUNCTIONS

4.1. Functions. The Service notably enables the Agency:

• to keep its register of mandates (register of transaction mandates and register of management mandates), with continuous numbering without gaps, a frozen snapshot of each mandate sealed by a fingerprint chained to the previous one, verification of the whole chain and export of the register;
• to manage its properties, its owners and their seller file (documents uploaded by the Agency or received by e-mail);
• to manage its buyers, their searches and their documents; proposals matching properties and buyers, with an indicative score, are in preparation and have not been delivered at the date hereof;
• to follow its offers, sales and viewings;
• to connect its mailbox to the Service (article 7) and have replies prepared by the Assistant (article 8);
• to keep an address book;
• to prepare prospecting from public registers (notably the Sirene directory);
• to publish the public page of a property, whose location is limited to the town, the postcode and the neighbourhood, and which never shows the street, the internal notes or the mandate;
• to help it with its due-diligence obligations against money laundering: the Service requires an identity document for every sale and for every letting with a monthly rent of €10,000 or more, and checking that document remains a human act, protected by a security key (WebAuthn).

ARTICLE 4 (CONTINUED) — CHANNEL, LIMITS, CHANGES AND PUBLIC PAGES

4.2. Channel. The Service handles e-mail only. No telephone channel is open to the Agency at the date hereof. Such a channel could only be opened at the Agency's written request, accepted by BUSINESS BRAIN, at the rate set in article 15.2 (Terms of Sale).

4.3. What the Service does not do. At the date hereof, the Service offers no electronic signature (the mandate is printed, signed, then sent back); it performs no screening of politically exposed persons or of asset-freezing measures, and provides no help with suspicious-activity reports to TRACFIN; it does not have the register of mandates time-stamped by a third party. A signed draft returned by e-mail in scanned form is a copy. It does not replace the paper original, which the Agency draws up in as many originals as there are parties with a distinct interest (French Civil Code, article 1375) and which it keeps. It is for the Agency to give the principal the copy bearing the registration number.

4.4. Changes. BUSINESS BRAIN may change the Service. It does not remove a substantial function without informing the Client at least thirty (30) days in advance. The Client may then terminate under the conditions of article 18 (Terms of Sale).

4.5. Public property pages. The Agency is the publisher of its Public Pages within the meaning of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy. BUSINESS BRAIN is their hosting provider. The Service enables the Agency to include the statements incumbent on it; the Agency completes them before any publication. Every Public Page must name as hosting provider: BUSINESS BRAIN, société par actions simplifiée, 64 promenade du Maréchal Leclerc de Hauteclocque, 06500 Menton, France, telephone 06 64 46 46 79. The Service does not yet display this statement on Public Pages; BUSINESS BRAIN undertakes to display it by 31 December 2026 at the latest. Until then, these details appear in the Service's legal notice.

As hosting provider, BUSINESS BRAIN keeps, for each User who creates, modifies or withdraws a Public Page (law no. 2004-575, article 6; decree no. 2021-1362 of 20 October 2021): their civil identity and contact details, for five (5) years after their account ceases to be valid; their identifiers, for one (1) year after the account is closed; for each operation, the date, time, IP address and source port, for one (1) year from the operation. These data are disclosed only to the authorities empowered by law. For these Users only, they depart from the six (6) month retention period applicable to accounts. The Service currently records the author and date of each operation, but not yet the IP address or the source port; BUSINESS BRAIN undertakes to record them by 31 December 2026 at the latest.

ARTICLE 5 — ACCESS TO THE SERVICE AND ACCOUNTS

5.1. The Client provides accurate information when creating its Workspace, and keeps it up to date.

5.2. The Client designates its Users. Each User has personal credentials, which they keep confidential. The Client is answerable for actions carried out with its Users' credentials. It informs BUSINESS BRAIN without delay of any loss, leak or unauthorised use.

5.3. As soon as BUSINESS BRAIN makes two-factor authentication available (annex B of the Processing Agreement), the Client enables it for each of its Users.

5.4. BUSINESS BRAIN may suspend access, without notice, in the event of an ongoing or imminent breach of the security of the Service or of the data. It informs the Client without delay and restores access as soon as the cause has disappeared. It may also suspend access in the event of a serious breach by the Client, after a formal notice that has remained without effect for fifteen (15) days. Any suspension is notified to the Client with its reasons, under the conditions of article 10 bis.4, and may be contested under article 10 bis.5.

ARTICLE 6 — TRIAL PERIOD

6.1. Free allowance. When its Workspace is opened, the Agency receives, free of charge, fifteen (15) replies to e-mails written by the Assistant and €2.50 of address-book assistant usage, counted at the pre-tax rate of article 15.2. No free call minutes are granted. A reply is counted when it is actually sent, after validation by a User or in autonomous mode; a Draft that is not sent is not counted.

The free allowance is valid for twelve (12) months from the opening of the Workspace. Any part not consumed by that date is lost, without compensation. The allowance is not subject to any exclusivity (law no. 2024-449 of 21 May 2024, article 26). The Service does not yet apply this expiry by itself: BUSINESS BRAIN undertakes to program it by 31 December 2026 at the latest and, until then, removes the unconsumed part itself at expiry.

6.2. Other trial. Any other trial, whether it concerns a duration, a volume or a function, exists only if BUSINESS BRAIN offers it in writing. It specifies its duration, which does not exceed twelve (12) months.

6.3. Rules of the trial. During the trial, the General Terms and the Processing Agreement apply. Usage covered by the allowance is not invoiced, and no sum is due as long as the Client has not registered a confirmed means of payment (article 15.1).

6.4. Exhaustion of the allowance. When the last free reply is sent and no confirmed means of payment is registered, the Workspace automatically switches to awaiting a means of payment. In that state: the Service stops collecting the Agency's mailbox, and messages received stay in the mailbox without being processed by the Service; the Assistant no longer answers Users' requests; adding photos and floor plans to properties, and documents to the Assistant's knowledge base, is refused; public property pages are no longer displayed; Client Data are kept: the Client can still consult them and can export its register of mandates. When the address-book assistant credit is exhausted and no confirmed means of payment is registered, that assistant refuses new requests; the other functions are not affected.

6.5. Resumption. Registering a confirmed means of payment restores the Service, without loss of data. Only usage after that registration is invoiced. Failing that, the Contract continues in the state described in article 6.4 until it is terminated by either party (article 18), and the Client Data then follow the fate set out in article 19.

ARTICLE 7 — CONNECTING THE AGENCY'S MAILBOX

7.1. Connection methods. The Agency connects its mailbox to the Service either with an app password (IMAP and SMTP) or with a Microsoft connection (OAuth). Google OAuth connection is not available.

7.2. Scope of Microsoft access. The Microsoft connection requests five permissions: IMAP.AccessAsUser.All and SMTP.Send, as well as offline_access, openid and the permission that gives the account's e-mail address. These permissions give full technical access to the mailbox: Microsoft offers no narrower permission for IMAP access. The Microsoft application used is still displayed under a name other than BusinessBrain; its publisher has not yet been verified by Microsoft.

7.3. What the Service collects. Whatever the connection method, the Service only collects the inbox; it never collects the history: only messages that arrived after the connection (minus ten minutes) are collected, up to fifty at the first collection; it checks the mailbox every forty-five seconds; it discards automatic replies, bulk mailings, mailing-list messages and non-delivery notices; it places a copy of each message sent in the mailbox's “Sent Items” folder.

7.4. Disconnection. When the Agency disconnects its mailbox, BUSINESS BRAIN immediately erases the stored credentials. This disconnection does not revoke access at Microsoft. It is for the Agency's Microsoft 365 administrator to remove the application (Entra › Enterprise applications). BUSINESS BRAIN undertakes to automate this revocation; this automation is not in place to date (annex B of the Processing Agreement).

7.5. E-mail provider. The mailbox provider (Microsoft, OVH or other) is the Agency's provider. It is neither a processor of BUSINESS BRAIN nor under its responsibility.

ARTICLE 8 — ARTIFICIAL INTELLIGENCE AND HUMAN VALIDATION

8.1. Nature of the help. The Assistant prepares replies and organises files. It does not assess people's creditworthiness and does not decide on their access to housing. The Client undertakes not to use the Service for those purposes. The “Judge the raised hands” Reflex, when the Agency authorises it, reviews every night the visitors who left a message or a sign of interest on the Agency's public site during the last seven days, and who appear in no record (buyers, tenants or others). An artificial intelligence model judges whether each of them fits the Agency's “course”, that is, the text the Agency wrote to describe its mission, its clients and what it refuses: “yes”, “maybe” or “no”, with a one-sentence explanation. It also proposes a first message, which is never sent on its own. This judgement is a suggestion submitted to a User. The Client undertakes not to include in its course, or to have this Reflex judge, any criterion of income, financing or creditworthiness, or any prohibited discrimination criterion (French Criminal Code, article 225-1). The Service does not yet check the content of the course; BUSINESS BRAIN undertakes to restrict this Reflex before the General Terms are signed, and by 31 December 2026 at the latest, so that these criteria can no longer be used in it.

8.2. Supervised mode by default. By default, no reply goes out without a User having validated it. The Assistant prepares a Draft; the User reviews it, edits it if they wish, and decides to send it.

8.3. Autonomous mode. The Client may activate, under its sole responsibility, a mode in which some replies go out without validation. Even in this mode, the Service always holds for human validation the messages concerning data erasure, a payment or bank details, a legal question or an offer received, those whose sender is not verified, and those stopped by the so-called “genome” control rules. Links contained in replies are checked before any sending. This mode can only be activated once the header line provided for in article 8.5 is in place, of which BUSINESS BRAIN informs the Client in writing. Until then, no mailbox is put in autonomous mode: BUSINESS BRAIN activates it for no Client, and the Client undertakes not to activate it.

8.4. Reflexes. A Reflex writes to a third party on its own only if two conditions are met: the Agency's mailbox is in autonomous mode, and the Reflex's level allows it. The “Get me started” action applies default levels; the Agency reviews and sets them in the Reflexes tab, and may lower each level at any time.

8.5. Transparency (Regulation (EU) 2024/1689, article 50). Every e-mail written by the Assistant carries a statement, added automatically at the foot of the message, after the Agency's signature and legal notices: for a message sent without review, “Composé avec soin par BusinessBrain, notre assistant en intelligence artificielle.” (“Carefully composed by BusinessBrain, our artificial intelligence assistant.”); for a message reviewed by a User who kept at least half of the Draft, “Composé avec BusinessBrain, notre assistant en intelligence artificielle, et revu par nos soins.” (“Composed with BusinessBrain, our artificial intelligence assistant, and reviewed by us.”). A reply sent without review must also state at the top of the message that it was written by artificial intelligence, where the recipient cannot miss the information. The Service does not do this yet. BUSINESS BRAIN undertakes to add at the top of the body of every reply sent without review, while keeping the footer statement, the line “Réponse rédigée et envoyée par BusinessBrain, l'assistant IA de [agency name], sans relecture humaine.” (“Reply written and sent by BusinessBrain, the AI assistant of [agency name], without human review.”). As long as this line is not in place, no mailbox is put in autonomous mode (article 8.3), and no reply therefore goes out without review. The message also carries a technical header indicating that it was written or assisted by artificial intelligence. A message more than half rewritten by the User carries no statement. BUSINESS BRAIN may change these texts. The Client undertakes not to circumvent these statements.

8.6. No automated decision (GDPR, article 22). No decision producing legal effects concerning a person is taken without human intervention. Forwarding an offer, entering a mandate in the register, having a mandate signed and checking an identity are human acts. The matching score is a ranking aid: the Client does not use it to rule out a person without human review.

8.7. Identity documents. No document filed in a record is sent to an artificial intelligence model. However, the names of the files attached to a received e-mail are sent to the model with the message, and a document whose address a User gives to the Assistant, asking it to read it, is read by Mistral AI's text-recognition service. The User never asks the Assistant to read an identity document.

8.8. Limits. An artificial intelligence model can make mistakes or produce an inaccurate reply. The User checks every Draft before sending it. The content of a message validated or authorised by the Agency binds the Agency alone.

8.9. AI literacy (Regulation (EU) 2024/1689, article 4). It is for the Client to train its Users in the use of the Assistant. BUSINESS BRAIN provides it with the Service documentation for that purpose.

8.10. Brand. The Service and the Assistant are provided under the BusinessBrain brand. The Client undertakes not to present them under its own name or brand, not to remove or alter the “BusinessBrain” designation in the statements of article 8.5, and not to change the intended purpose of the Service. A Client who did so would become a provider of the artificial intelligence system within the meaning of article 25.1 of Regulation (EU) 2024/1689, and would alone bear its obligations.

8.11. Images. The Client publishes through the Service no image generated or retouched with an artificial intelligence tool without stating so visibly, on or next to the image: “image générée par IA” (AI-generated image) or “image retouchée par IA” (AI-retouched image) (Regulation (EU) 2024/1689, article 50.4). It publishes no image so produced that would give a misleading representation of a property.

ARTICLE 9 — OBLIGATIONS OF BUSINESS BRAIN

BUSINESS BRAIN undertakes to:

• provide the Service in accordance with the Contract, with professional diligence; it is bound by an obligation of means (best efforts);
• implement the security measures described in annex B of the Processing Agreement, deploy those described there as not yet in place, by the target dates given there where a date is set, and inform the Client in writing when they are in place;
• inform the Client, in writing, of any substantial change to the Service, to its sub-processors or to its security measures;
• answer support requests sent to support@mybusinessbrain.eu on working days, with no quantified response time to date;
• keep Client Data confidential (article 14).

ARTICLE 10 — OBLIGATIONS OF THE CLIENT

The Client undertakes to:

• use the Service in accordance with the Contract and the law;
• have a legal basis for every item of data it puts into the Service, and inform the data subjects (articles 13 and 14 of the GDPR), in particular its correspondents, that their messages are processed with the help of an artificial intelligence tool;
• not request or put in sensitive data within the meaning of article 9 of the GDPR, save where necessary and on a legal basis of its own;
• put no health data or medical document into the Service: the Service is not designed to host health data, and BUSINESS BRAIN is not a health-data host within the meaning of article L1111-8 of the French Public Health Code;
• comply with the rules on commercial prospecting when it uses the prospecting functions, in particular the GDPR and the following rules: by post, on the basis of its legitimate interest, offering a simple means of objecting; by e-mail or text message to an individual, only with their prior consent (article L34-5 of the French Postal and Electronic Communications Code); by telephone, to a consumer, only with their prior consent, proof of which the Client keeps for three (3) years (article L223-1 of the French Consumer Code, as in force since 11 August 2026, and decree no. 2026-662); to a person contacted in a professional capacity, for a purpose related to their activity, on the basis of its legitimate interest, offering them a simple means of objecting;
• comply with the re-use conditions of the public data made available by the Service;
• fulfil itself its obligations to combat money laundering and terrorist financing (articles L561-1 et seq. of the French Monetary and Financial Code): the Service helps it without taking its place;
• ensure that its register of mandates complies with regulations (law no. 70-9 of 2 January 1970 and decree no. 72-678 of 20 July 1972): the Service provides a tool, the Agency remains bound by the obligation;
• review Drafts before sending when in supervised mode, and take responsibility for the messages it authorises in autonomous mode or by Reflex;
• secure its own accounts and its mailbox, and revoke at its provider the access of a disconnected mailbox (article 7.4);
• not attempt to access another agency's data, to alter the Service or to introduce malicious code into it, nor resell it or make it available to a third party.

ARTICLE 10 BIS — PUBLISHED CONTENT AND MODERATION MEASURES

10 bis.1. The Client undertakes not to publish or store through the Service any illegal content, in particular a misleading or discriminatory listing, or a listing without a written mandate entered in the register.

10 bis.2. BUSINESS BRAIN does not monitor content in advance. It acts on notice (article 10 ter), on an order from an authority, or when it becomes aware of manifestly illegal content. Before any publication, the Service automatically checks that a listing's mandatory statements are present. This check may prevent a publication, but it never removes published content. Any decision to remove or restrict is taken by a person, after examination.

10 bis.3. BUSINESS BRAIN may, proportionately: make a page inaccessible; remove content; suspend publication of the Agency's Public Pages; in the event of serious and repeated breaches, suspend access or terminate, under articles 5.4 and 18.4.

10 bis.4. Any measure is notified to the Agency by e-mail, at the latest when it takes effect. The notification states: the measure, its scope and its duration; the facts and circumstances, and whether it follows a notice or an order; any use of automated means; the legal ground or the clause concerned; the means of redress.

10 bis.5. The Agency may contest the measure within six (6) months, at support@mybusinessbrain.eu. The measure is reviewed, if possible by another person, and a written answer is given within fifteen (15) days. Article 22 remains applicable.

ARTICLE 10 TER — NOTICE OF ILLEGAL CONTENT

10 ter.1. Anyone may notify BUSINESS BRAIN of content hosted through the Service that they consider illegal, by e-mail to support@mybusinessbrain.eu, under the mechanism described in the Service's legal notice (§ 6; Regulation (EU) 2022/2065, article 16). The notice is handled under article 10 bis.

10 ter.2. The Service does not yet include a “Report this content” link on Public Pages. BUSINESS BRAIN undertakes to add it by 31 December 2026 at the latest. Until then, notice is given by e-mail.

10 ter.3. When BUSINESS BRAIN becomes aware of information giving rise to a suspicion of a criminal offence threatening the life or safety of a person, it promptly informs the competent law-enforcement or judicial authorities (Regulation (EU) 2022/2065, article 18). It likewise informs the competent authorities of the illegal activities reported to it, in the cases provided for by article 6 of law no. 2004-575 of 21 June 2004.

ARTICLE 11 — AVAILABILITY, MAINTENANCE AND BACKUPS

11.1. BUSINESS BRAIN endeavours to keep the Service accessible at all times. To date, it makes no quantified availability commitment. The Service may be interrupted for maintenance, security updates or incidents.

11.2. BUSINESS BRAIN endeavours to warn the Client of scheduled work likely to interrupt the Service.

11.3. BUSINESS BRAIN backs up the Service every night on the server's disk: the database is kept for thirty (30) days, documents and the search index for seven (7) days. The hosting provider OVH also makes a nightly copy of the whole machine, off the server's disk, of which only the latest is kept. A restoration of the database was successfully tested on 15 October 2026. All these copies are at OVH: if OVH, or the account of BUSINESS BRAIN at OVH, becomes unavailable for a lasting period, the Client Data are unavailable too until service is restored. Details are given in annex B of the Processing Agreement. The Client is advised to export its register of mandates regularly (article 19.1).

ARTICLE 12 — INTELLECTUAL PROPERTY

12.1. BUSINESS BRAIN holds the rights to the Service, its software, interfaces, documentation and the BusinessBrain name. It grants the Client, for the term of the Contract, a non-exclusive, non-transferable right to use the Service, limited to its own professional needs.

12.2. The Client remains the owner of its Data. It grants BUSINESS BRAIN only the right to process them to provide the Service, under the conditions of the Processing Agreement.

12.3. The texts produced by the Assistant for the Client belong to it; BUSINESS BRAIN claims no rights over them.

12.4. BUSINESS BRAIN undertakes not to use Client Data to train its own models. Its default model provider, Mistral AI, keeps the inputs and outputs of its programming interface for thirty (30) days for abuse detection, without re-using them to train its models. If the Agency chooses the option provided for in article 13.3, the Anthropic conditions described in that article apply. Details are given in annex C of the Processing Agreement.

12.5. The Client may send BUSINESS BRAIN suggestions for improvement; BUSINESS BRAIN may use them freely, without compensation.

ARTICLE 13 — PERSONAL DATA

13.1. For the data it puts into the Service, or that are received there for it, the Client is the controller and BUSINESS BRAIN is its processor (GDPR, article 28). Their processing is governed by the Processing Agreement, which forms part of the Contract.

13.2. BUSINESS BRAIN is the controller for its own data: User accounts, billing, business prospecting by BUSINESS BRAIN, security logs. This processing is described in the Privacy Policy of BUSINESS BRAIN, published on the portal.

13.3. Anthropic option. By default, the Assistant is served by the models of Mistral AI, a French company, which processes data in the European Union (annex 3). This is the choice BUSINESS BRAIN recommends. The software can also serve a Workspace with the models of Anthropic PBC (Claude Haiku 4.5 and Claude Opus 5), instead of those of Mistral AI, for all its language functions. This option exists only if BUSINESS BRAIN opens it: it is closed at the date hereof. When it is open, the Agency may choose it only if it has registered a means of payment, if its Workspace is active (neither in trial nor awaiting a means of payment), and if it gives its express consent to the versioned information text presented in the Workspace. The date of that consent and the version of the accepted text are recorded; a consent referring to an outdated version of the text is not accepted.

Anthropic PBC is a company established in the United States (San Francisco), whose servers are located in the United States. Choosing this option entails a transfer of personal data outside the European Union (GDPR, chapter V): the e-mails, files and requests processed by the Assistant are sent to Anthropic. This transfer is governed by Anthropic's data processing agreement, which incorporates the European Commission's standard contractual clauses (GDPR, article 46.2.c). Under its commercial terms, Anthropic does not re-use the data of its programming interface to train its models, and deletes inputs and outputs from its systems within thirty (30) days at most, unless otherwise agreed. Anthropic's “zero retention” option has not been subscribed. As an American company, Anthropic is subject to US law, in particular the CLOUD Act, which may compel access to data, even data hosted outside the United States. This is why the option is closed by default and reserved for the Agency's express choice. It is for the Agency, as controller, to assess this transfer before choosing the option, and to inform the data subjects (article 10).

Anthropic is a sub-processor of BUSINESS BRAIN only for the Agency that has given its express consent to the option (annex C of the Processing Agreement). Usage served by Anthropic's models is invoiced at the rate displayed in the Workspace before the choice; like that of the address-book assistant, this rate is calculated from the cost of the model (article 15.2). The Agency may return to Mistral AI's models at any time, without any consent to give. Proof of its past consent is kept, as it documents the period during which data were transferred. If BUSINESS BRAIN closes the option again, or if the corresponding billing is no longer in place, the Workspace is served by Mistral AI again.

ARTICLE 14 — CONFIDENTIALITY

14.1. Each party keeps confidential the information of the other that it learns of under the Contract, and uses it only to perform the Contract.

14.2. This obligation does not cover public information, information already known to the receiving party, or information whose disclosure is required by law or by an authority.

14.3. It lasts for the term of the Contract and five (5) years after its end.

ARTICLE 19 — REVERSIBILITY AND FATE OF THE DATA

19.1. Self-service export. At any time, the Client may itself export its register of mandates, as CSV or as a printable page, and the history of its e-mail exchanges, as CSV. The documents in the files, including identity documents, are not included in this export. The Client may download them one by one from each file, or request their extraction (article 19.2).

19.2. Extraction on request. For all other Client Data, BUSINESS BRAIN provides, on a written request made during the Contract or during the recovery period of article 19.3, an extraction of the exportable data (article 19 bis, point 5), in the formats described in annex 2, with the uploaded files, documents included, within thirty (30) days. This return is free of charge.

19.3. Recovery period and deletion. Client Data remain stored for thirty (30) days after the end of the Contract or, in the event of a switch of provider, after the end of the transition period (article 19 bis), and in any event until the extraction requested under article 19.2 has been delivered. Before deletion, BUSINESS BRAIN reminds the Client in writing that it is approaching, and offers on its own initiative to extract its documents, in particular those it must keep under anti-money-laundering rules (article L561-12 of the French Monetary and Financial Code). The Workspace is then deleted: search index, e-mails, address book, property data and documents. Backup copies disappear when their retention period expires (thirty days for the database, seven days for documents and the search index; the copy of the whole machine kept by OVH is replaced every night). Only the data that the law requires to be kept are retained beyond that, in particular the identification data of the authors of Public Pages (article 4.5).

19.4. Register of mandates. At the end of the Contract, the register of mandates is returned to the Client through the export provided for in article 19.1 and, at its request, with its sealed snapshots, fingerprints and log (article 19.2). It is then deleted at BUSINESS BRAIN (GDPR, article 28.3.g), unless the Client instructs otherwise in writing. This deletion is not yet automated: BUSINESS BRAIN carries it out itself within thirty (30) days of the return. Decree no. 72-678 of 20 July 1972 provides for registers to be kept for ten years: it is for the Agency, as holder of the professional card, to ensure this.

19.5. On request, BUSINESS BRAIN gives the Client a written certificate of deletion.

ARTICLE 19 BIS — SWITCHING PROVIDER (REGULATION (EU) 2023/2854, ARTICLES 23 TO 31)

Switching provider follows these rules:

• 1. The Client may notify at any time, in writing, its decision: a) to switch to the service of another provider, whose details it gives; b) to switch to an infrastructure it operates itself; c) to have its exportable data erased.
• 2. The switch starts on the date indicated by the Client, at the latest one (1) month after its request.
• 3. A transition period of at most thirty (30) calendar days then begins, during which the Contract continues to apply. BUSINESS BRAIN provides reasonable assistance to the Client and to the third parties it authorises. It maintains the Service and its functions, informs the Client of known risks to continuity, and maintains a high level of security, in particular during transfer and retrieval. If this period is technically impossible to meet, it gives its reasons within fourteen (14) working days and proposes another period, of at most seven (7) months, with continuity of the Service. The Client may extend the transition period once.
• 4. BUSINESS BRAIN contributes to the Client's exit strategy and gives it all useful information: methods, formats, known limitations.
• 5. Exportable data, as CSV or JSON for data and in their original format for files, with their metadata: the register of mandates, with sealed snapshots, fingerprints and log; properties, prices, fees, histories and media; owners, their files and their documents, including the documents kept under anti-money-laundering rules and the log of their verification; buyers, searches, documents, offers, sales and viewings; e-mails, drafts and attachments; the address book; the knowledge base; the content of the Public Pages; the Workspace settings; the histories and access logs relating to Client Data.
• 6. Exhaustive exclusions: the code of the Service; the Assistant's instructions; the vector representations of the index, which the Client can recompute; technical secrets; the platform's security logs. They neither hinder nor delay the switch.
• 7. The description of the programming interface and the register of data structures and formats (annex 2) are provided free of charge to the Client and to the provider it designates.
• 8. After the transition period, the Client has at least thirty (30) days to retrieve its data. They are kept at least until then, and in any event until the extraction provided for in article 19.2 has been delivered.
• 9. Then, subject to article 19.4 and to legal obligations, BUSINESS BRAIN erases all exportable data and provides a certificate on request. Backups disappear in accordance with article 19.3.
• 10. The Contract ends, and BUSINESS BRAIN notifies the Client of it, when the switch is completed or, if the Client chose erasure, at the end of the period provided for in point 2.
• 11. The switch, the export, the assistance and the erasure are free of charge. No termination penalty is due.
• 12. The jurisdictions to which the Service's infrastructure is subject, and the measures taken against access by the authorities of a third country, are set out in annex 3.
• 13. The allowance of article 6 gives access to the Service in production. It is not a trial version within the meaning of article 31 of Regulation (EU) 2023/2854: this article applies from the opening of the Workspace.

ARTICLE 20 — CHANGES TO THE GENERAL TERMS

BUSINESS BRAIN may change the General Terms only for one of the following reasons: a change in the law, in regulations or in a decision of an authority; the security of the Service; changes to its functions; changes to its suppliers' conditions. It informs the Client in writing at least thirty (30) days before they take effect, stating the reason. A Client who refuses the new General Terms may terminate free of charge before that date; failing that, they apply.

ARTICLE 21 — MISCELLANEOUS

21.1. Assignment. The Client may not assign the Contract without the written consent of BUSINESS BRAIN, which may assign it to a company taking over the Service, after informing the Client; the Client may then terminate free of charge.

21.2. References. BUSINESS BRAIN cites the Client as a commercial reference only with its prior written consent.

21.3. Notices. Notices are given by e-mail, to support@mybusinessbrain.eu for BUSINESS BRAIN, and to the contact address designated by the Client.

21.4. Miscellaneous. The parties are independent of each other. The invalidity of one clause does not affect the others. Failure to rely on a breach does not amount to a waiver. The Contract sets out the entire agreement of the parties on its subject matter.

21.5. Evidence. The parties agree that the electronic acceptance of the General Terms and of the Processing Agreement, the e-mails exchanged at the addresses of article 21.3, and the time-stamped logs of the Service constitute evidence between them of their content and date, unless proven otherwise (French Civil Code, article 1368).

ARTICLE 22 — GOVERNING LAW AND DISPUTE RESOLUTION

22.1. The Contract is governed by French law.

22.2. In the event of a dispute, the parties seek an amicable solution for thirty (30) days from the written notification of the dispute by either of them.

22.3. Failing agreement, any dispute relating to the Contract is brought before the commercial court with jurisdiction over the registered office of BUSINESS BRAIN, including in summary proceedings, third-party claims or where there are several defendants, subject to the mandatory rules of jurisdiction (in particular articles L442-4 and D442-2 of the French Commercial Code).

ANNEX 2 — PORTABILITY: INTERFACE AND DATA FORMATS

A2.1. Self-service export (article 19.1). The register of mandates, per register (transactions or management), in chronological order, as a CSV file or a printable page; columns: number, registration date, type, principal (“[effacé]”, i.e. erased, after pseudonymisation), subject (reference and town of the property), duration, fees, status. This export contains neither the sealed snapshots nor the fingerprints: they are included in the extraction on request. E-mail exchanges: CSV file.

A2.2. Extraction on request (articles 19.2 and 19 bis). Structured data: one file per category of exportable data (article 19 bis, point 5), as JSON (RFC 8259) or CSV (RFC 4180), at the Client's choice; UTF-8 encoding; dates and times in ISO 8601 format; amounts in euros; internal identifiers are kept, so that the links between records (property, mandate, owner, buyer, offer, viewing, document) can be reconstructed. Register of mandates: in addition to the export columns, the sealed snapshot of each entry, its fingerprint and that of the previous entry, and the mandate's log. Files (documents, photos, floor plans, attachments): in their original format, as uploaded, with a JSON index giving for each its name, type, upload date and the record to which it belongs. A notice describes the fields of each file.

A2.3. Programming interface. Its description, in OpenAPI format, is provided free of charge on request to the Client and to the provider it designates.

A2.4. Updates. This annex follows the changes to the Service. Its up-to-date version is provided with each extraction, and on simple request to support@mybusinessbrain.eu.

ANNEX 3 — JURISDICTIONS AND PLACES OF PROCESSING

For each link in the chain of the Service: the provider, the law to which it is subject and the place of processing.

• Hosting of the Service (server, database, documents, search index, nightly backups on the server's disk): OVH SAS, Roubaix; French law, jurisdiction of France and of the European Union; France (Gravelines).
• Automated backup of the whole machine: OVH SAS; French law; OVH data centres, exact location not recorded to date.
• Mail service for the address support@mybusinessbrain.eu: OVH SAS; French law; OVH data centres, exact location not recorded to date.
• Default artificial intelligence models: Mistral AI, Paris; French law; European Union.
• The Assistant's web search: through Mistral AI; underlying search engine not identified to date (annex C of the Processing Agreement); location not identified to date.
• Anthropic option, closed by default and active only for the Agency that chose it in writing (article 13.3): Anthropic PBC, San Francisco; US law, in particular the CLOUD Act; United States.
• Payment: Stripe Payments Europe, Dublin, a subsidiary of an American group; Irish law; European Union, transfers to the United States governed by standard contractual clauses.
• Security alerts sent to the team of BUSINESS BRAIN, without any file data: Slack Technologies Limited, Dublin, Salesforce group (United States); Irish law; any transfers outside the European Union governed by the European Commission's standard contractual clauses.

ANNEX 3 (CONTINUED) — MEASURES AGAINST ACCESS BY THIRD-COUNTRY AUTHORITIES

The following measures fix the location of the data. They do not remove a provider that is subject to the law of a third country, such as Anthropic PBC, from that law.

• the Service and its nightly backups on the server's disk are hosted in France, by OVH SAS, a company governed by French law;
• by default, the sub-processors that process Client Data are established in the European Union (OVH SAS, Mistral AI), subject to the web search engine, not identified to date;
• when the Service starts, a check detects any provider in the data chain set to a United States region; on the real-estate production environment, it then prevents start-up;
• any request from an authority of a third country is examined by the President of BUSINESS BRAIN. It is granted only under the conditions of article 32 of Regulation (EU) 2023/2854, after informing the Agency, unless prohibited by law.