Terms and conditions of sale and use

Article 1 – Service provider identity

The Site Gratos service is operated by: OCTOPUS WEB French limited liability company (SARL) with share capital of €500.00 Registered office: 60 rue François 1er, 75008 Paris, France SIREN: 947 795 431 SIRET: 947 795 431 00016 Registered with the Paris Trade and Companies Register (RCS) NAF / APE code: 6201Z – Computer programming EU VAT number: FR85947795431 Email: contact@octopus-web.fr Telephone: +33 7 56 90 21 14 Publication director: Cyril Brisson Hereinafter referred to as ‘Site Gratos’ or ‘the Provider’.

Article 2 – Purpose and scope

These General Terms and Conditions of Sale and Use, hereinafter the ‘Terms’, define the conditions under which Site Gratos provides website creation, publication, hosting and editing services.

The Site Gratos service is reserved exclusively for professionals acting in the course of their professional activity.

By creating an account, using the service or purchasing a paid plan, the Customer declares that they are acting for professional purposes and have the capacity and, where applicable, the authority necessary to bind the business, association or organisation they represent.

Creating an account, using the service or confirming an order implies full and unconditional acceptance of these Terms.

Article 3 – Overview of the Site Gratos service

Site Gratos provides a platform enabling users, in particular, to:

• create a website;

• generate or edit certain content;

• publish the website online;

• host the website;

• access an administration area to edit its content within the available functionality.

Creation and certain changes may be carried out automatically or with the assistance of artificial intelligence technologies.

Available features depend on the plan used and may evolve to reflect service improvements and technical, regulatory or security developments.

Site Gratos is subject to an obligation to use reasonable endeavours, rather than an obligation to achieve a specific result, and does not guarantee that an automatically generated website will meet all of the Customer’s specific needs without any intervention.

Article 4 – Free plan

Site Gratos offers a free plan enabling the creation and publication of a website on a subdomain managed by Site Gratos.

The website may, for example, be accessible at an address such as:

websitename.sitegratos.fr or another equivalent address used by the platform.

The features, capacities, limitations, number of pages, available space and tools included in the free plan are those presented on the platform when it is used.

The free plan is not a commitment to provide the service perpetually.

Site Gratos may change, limit, suspend or discontinue all or part of the free plan, particularly in cases of:

• prolonged inactivity;

• abusive use;

• technical constraints;

• security requirements;

• regulatory developments;

• changes to the service’s business model.

Where possible, Site Gratos will notify affected users in advance when a substantial change affects an existing free website.

Article 5 – Lifetime Premium plan

Site Gratos offers a paid plan called the ‘Lifetime Premium plan’.

As at the date of these Terms, its price is €99 excluding VAT, payable once, plus VAT at the applicable rate.

This is a one-off payment, not a subscription.

Unless the Customer voluntarily purchases an additional service, option or feature, no further monthly or annual fee is charged to maintain their website under the Lifetime Premium plan purchased.

Depending on the features available at the time of ordering, the Lifetime Premium plan includes, in particular:

• publication of the website;

• hosting;

• access to the Site Gratos administration area;

• the platform’s available editing features;

• the ability to edit content accessible from that area;

• the ability to use a custom domain name;

• other features expressly listed as included on the offer page at the time of purchase.

The domain name itself is not included in the €99 excluding VAT price.

Its purchase, renewal and any fees charged by a registrar or other provider remain separate from the Lifetime Premium plan.

Article 6 – Meaning of ‘lifetime’

Site Gratos may market its offer using wording such as: ‘€99 excluding VAT, once only. Your website stays online and editable for life, with no subscription.’ For the purposes of these Terms, ‘lifetime’ means:

• no predetermined maximum contractual duration;

• no additional periodic fee for website hosting;

• continued access to the features included in the offer for the duration of operation of the Site Gratos service.

This guarantee remains subject to:

• the Customer’s compliance with these Terms;

• the continued operation of Site Gratos;

• legal, regulatory, technical and security constraints;

• normal and reasonable use of the platform.

‘Lifetime’ is not a commitment that Site Gratos, its operating company, any particular provider, infrastructure or technology will exist perpetually or eternally.

If the Site Gratos service permanently ceases, affected Customers will, where possible, be informed within a reasonable period.

They may then request retrieval or export of technically exportable elements of their website under the conditions set out in Article 18.

Article 7 – Editing the website

The Lifetime Premium plan gives the Customer access to their administration area to edit their website content themselves throughout the operation of the Site Gratos service.

The editing options are those offered by the platform at the time of use.

They may include manual or AI-assisted editing of:

• text;

• images;

• contact details;

• opening hours;

• commercial information;

• editorial content;

• more generally, elements made editable through the back office.

‘Editable for life’ refers exclusively to the Customer’s ability to use the editing features made available by Site Gratos.

It does not include unlimited human services performed by Site Gratos staff.

In particular, the Lifetime Premium price does not include:

• manual interventions requested by the Customer;

• graphic redesigns;

• major structural changes;

• bespoke development;

• new functionality;

• special third-party integrations;

• bespoke graphic design;

• personalised copywriting;

• SEO services;

• advertising campaigns;

• more generally, any service beyond the features directly accessible from the back office.

These services may be subject to an additional quotation.

Article 8 – Changes to the editor and features

Site Gratos may change:

• its interface;

• its back office;

• its editor;

• its graphic templates;

• its technologies;

• its artificial intelligence systems;

• its generation methods;

• its infrastructure;

• more generally, any technical element needed to operate the service.

The Lifetime Premium plan does not guarantee that a particular interface, supplier, AI model, technology or presentation will be permanently maintained.

Site Gratos nevertheless endeavours to provide Lifetime Premium Customers with a means of viewing and editing the main content of their website within the platform’s functionality.

Changes needed for security, compliance, performance or continuity of the service may be implemented without prior Customer authorisation.

Article 9 – Hosting

Websites may be hosted directly by Site Gratos or by one or more third-party technical providers selected by Site Gratos.

Site Gratos remains free to change:

• hosting provider;

• server;

• supplier;

• data centre;

• architecture;

• hosting technology.

Site Gratos may carry out technical migrations where necessary.

Such a migration is not a substantial contractual change provided the Customer continues to benefit from the main features of the plan purchased.

Site Gratos does not guarantee 100% uninterrupted availability.

Temporary interruptions may arise, in particular, from:

• maintenance;

• updates;

• migration;

• technical incidents;

• a provider outage;

• network problems;

• cyberattacks;

• events beyond Site Gratos’s reasonable control.

Site Gratos uses reasonable efforts to restore service as promptly as possible.

Article 10 – Domain names

The Lifetime Premium price does not include domain purchase or renewal unless expressly stated otherwise.

10.1 – Domain already held by the Customer When using a domain they already hold, the Customer remains solely responsible for:

• renewal;

• payment;

• keeping it active;

• updating their contact details;

• security of their registrar account;

• configuration.

Site Gratos may provide the information needed to connect the domain to the website.

Site Gratos cannot be held responsible for an interruption resulting, in particular, from:

• domain expiry;

• failure to renew;

• non-payment;

• incorrect DNS configuration;

• changes made by the Customer;

• third-party intervention;

• registrar unavailability.

10.2 – Domain purchased from a partner Site Gratos may offer a gateway or integration allowing the Customer to search for, select or purchase a domain from a third-party registrar or provider.

When the domain is paid for directly with that provider, the domain contract is concluded directly between the Customer and that provider.

The domain prices, registration procedures, renewal conditions, refunds, transfers and applicable rules are then those of the provider concerned.

Site Gratos cannot, in particular, be held responsible for:

• domain unavailability;

• a price change;

• registration refusal;

• a registry decision;

• suspension;

• failure to renew;

• a payment problem;

• any decision within the remit of the relevant registrar or registry.

Article 11 – DNS and propagation times

Connecting a custom domain may require DNS records to be created or changed.

Where these operations are not automated by Site Gratos or its partner, they remain the Customer’s responsibility.

DNS changes take a variable amount of time to propagate across the Internet.

This depends on systems, operators and providers outside Site Gratos and is therefore not a delay attributable to Site Gratos.

Article 12 – Artificial intelligence and generated content

Certain Site Gratos features use or may use AI systems to assist the Customer in creating or editing their website.

Automatically generated content may contain:

• errors;

• approximations;

• outdated information;

• unsuitable wording;

• incomplete information;

• elements requiring verification.

The Customer remains responsible for checking and approving the content published on their website.

In particular, they must check:

• contact details;

• opening hours;

• services;

• prices;

• commercial descriptions;

• legal notices;

• regulatory information relating to their activity;

• any information that may give rise to liability.

Site Gratos does not guarantee the factual, legal, commercial or regulatory accuracy of automatically generated content.

Article 13 – Customer’s editorial responsibility

The Customer is responsible for the content published on their website.

They remain solely responsible for information, text, images, photographs, videos, logos, trademarks, files and other elements they provide, publish or have published.

The Customer warrants that they hold the rights, permissions and licences necessary to use this content.

They must also comply with all obligations applicable to their business and website, particularly concerning:

• legal notices;

• personal data protection;

• cookies;

• intellectual property;

• e-commerce;

• consumer law when selling to consumers themselves;

• advertising;

• professional or sector-specific regulations.

Any templates, prefilled text, suggestions, examples or legal content provided by Site Gratos are solely an aid to website creation and do not replace legal, accounting or regulatory advice tailored to the Customer’s particular situation.

Article 14 – Prohibited content and uses

Site Gratos must not be used to publish, host or distribute unlawful content or content infringing third-party rights.

Prohibited uses include those relating to:

• phishing;

• malware;

• scams;

• spam;

• counterfeiting;

• identity theft;

• intellectual property infringements;

• illegal activities;

• any activity liable to compromise the security of Site Gratos or third parties.

Site Gratos hosting must also not be used as:

• general-purpose storage;

• a download server;

• a file server unrelated to the website;

• computing infrastructure;

• a bulk messaging platform;

• or for any purpose unrelated to the normal operation of a professional website.

Site Gratos may immediately suspend any website presenting a serious risk to security, the legality of the service or third-party rights.

Article 15 – Reasonable use and technical resources

References such as ‘unlimited’, particularly regarding page numbers or certain features, must be understood in the context of normal and reasonable professional website use.

They do not permit manifestly disproportionate consumption of platform resources.

In particular, uses aimed at automatically or artificially generating massive numbers of pages, files, data or requests unrelated to normal professional website use are excluded.

In the event of excessive use liable to affect:

• performance;

• availability;

• stability;

• platform security, Site Gratos may ask the Customer to change their usage.

Where necessary, Site Gratos may propose dedicated infrastructure or a technical solution subject to an additional quotation.

Article 16 – Search visibility and SEO

Site Gratos may include technical features designed to support indexing and organic search visibility.

These features do not constitute a guarantee of results.

In particular, Site Gratos does not guarantee:

• a ranking on Google or any other search engine;

• any specific position;

• any traffic level;

• any number of visitors;

• any number of leads;

• any contact enquiry;

• any sale;

• any turnover.

Search engine rules and algorithms are defined and changed by third-party companies. Site Gratos cannot be held responsible for reduced, changed or absent search visibility.

Article 17 – Intellectual property

The Customer retains ownership of content, trademarks, logos, photographs, videos and other elements they own and supply to Site Gratos.

The Customer authorises Site Gratos to reproduce, store, technically adapt and distribute this content only as necessary to provide the service.

The following remain the exclusive property of Site Gratos or their respective owners:

• the Site Gratos platform;

• its software;

• its generation engine;

• its back office;

• its source code;

• its automation systems;

• its templates;

• its libraries;

• its components;

• its architecture;

• its methods;

• its tools;

• its interfaces;

• its proprietary technologies.

Purchasing Lifetime Premium does not transfer any ownership rights in the Site Gratos platform itself.

After full payment, the Customer has the right to use the created website under these Terms.

Access to the back office, editing tools, automations and specific functionality remains linked to use of the Site Gratos service.

Article 18 – Export, migration and Customer departure

The Lifetime Premium plan does not include self-service website export.

The Customer may nevertheless ask Site Gratos to retrieve or export technically exportable elements of their website.

This service is not included in the Lifetime Premium price.

It may be subject to a prior quotation based, in particular, on:

• the nature of the website;

• its size;

• its structure;

• the technologies used;

• the requested format;

• the technical operations required.

Any export concerns only elements that can technically be extracted or transferred.

A standard export does not include, in particular:

• the Site Gratos back office;

• AI tools;

• generation systems;

• automations;

• Site Gratos infrastructure;

• proprietary libraries;

• platform-specific components;

• internal tools;

• features requiring Site Gratos services to operate.

Migration to another host, website adaptation, special domain configuration or additional technical work may also be subject to a separate quotation.

Technical feasibility of export or migration is assessed case by case.

Article 19 – Additional services

Any service outside the features included in Lifetime Premium may be billed separately.

This may include:

• bespoke functionality development;

• structural changes;

• redesigns;

• creation of specific new sections;

• graphic design;

• copywriting;

• organic SEO;

• online advertising;

• Google Ads campaign management;

• social media advertising;

• e-commerce;

• booking features;

• third-party integrations;

• migrations;

• consulting or support services.

These services may be covered by a quotation, a separate order or special terms.

Article 20 – Prices

Applicable prices are those displayed on Site Gratos at the time of ordering.

Prices are in euros excluding taxes unless stated otherwise.

VAT and any applicable taxes are added in accordance with the regulations in force at the time of invoicing.

Site Gratos may change prices at any time for new orders.

A later change to the Lifetime Premium price does not result in additional charges to Customers who have already purchased it.

Only additional services, options or work voluntarily ordered by the Customer may result in further charges.

Article 21 – Payment

Lifetime Premium is paid in full when ordering, using one of the payment methods offered by Site Gratos.

The order becomes final once payment is effectively validated.

In the event of:

• rejected payment;

• cancellation;

• a payment objection;

• suspected fraud;

• an irregular payment, Site Gratos may suspend plan activation or access to the website concerned.

Where a professional Customer is exceptionally granted payment terms, late payment automatically incurs late-payment penalties without a prior reminder.

Unless an invoice or quotation specifies a provision more favourable to Site Gratos, the penalty rate is the European Central Bank rate for its most recent refinancing operation plus 10 percentage points, and cannot be lower than the statutory minimum.

A fixed €40 recovery-cost indemnity is also automatically due for any professional invoice paid after its due date.

If actual recovery costs exceed this amount, Site Gratos may request additional compensation on presentation of supporting evidence.

Article 22 – Professional orders and refunds

Site Gratos is intended exclusively for professionals acting in the course of their activity.

Once:

• the order has been confirmed;

• payment has been made;

• and Lifetime Premium has been activated or performance has begun, no refund may be demanded simply because of a change of mind, personal convenience, cessation of the Customer’s business or non-use of the service.

This does not prevent the application of mandatory legal provisions applicable to a particular situation or Customer rights arising from culpable non-performance directly attributable to Site Gratos.

Article 23 – Suspension and termination for breach

Site Gratos may suspend all or part of the service, particularly in cases of:

• serious breach of these Terms;

• fraudulent use;

• unlawful activity;

• manifestly unlawful content;

• security risk;

• attempted attacks on the platform;

• abusive resource use;

• infringement of third-party rights;

• failure to pay an amount due.

Where a breach can be remedied and poses no immediate risk, Site Gratos may ask the Customer to remedy it before permanent suspension.

Suspension may be immediate in an emergency or in cases of security risk, manifest fraud, legal obligation or manifestly unlawful content.

Suspension resulting from the Customer’s fault does not entitle them to a refund of Lifetime Premium.

Article 24 – Backups

Site Gratos may implement technical backup mechanisms intended to maintain general infrastructure continuity.

Unless a specific service or offer states otherwise, these backups are not a guaranteed individual archiving service for the Customer.

Customers are encouraged to keep copies of important materials, including:

• text;

• photographs;

• original images;

• logos;

• documents;

• videos;

• other professional content.

Article 25 – Security and account access

Site Gratos implements reasonable technical and organisational measures to secure the platform and hosted websites.

As no IT system can guarantee absolute security, Site Gratos cannot guarantee the complete absence of:

• incidents;

• cyberattacks;

• vulnerabilities;

• intrusion attempts;

• interruptions.

The Customer is responsible for keeping their login credentials confidential.

They must notify Site Gratos promptly if they suspect unauthorised account access.

Any action performed from the Customer’s account may be considered to have been performed by them until fraudulent or unauthorised access is reported.

Article 26 – Third-party services and providers

Site Gratos may depend on third-party services, particularly for:

• hosting;

• payments;

• domain names;

• DNS;

• SSL certificates;

• artificial intelligence;

• email delivery;

• network services;

• other technical services.

Site Gratos may change these providers where necessary for the operation, security, development or optimisation of the service.

Subject to its own contractual obligations, Site Gratos cannot be held responsible for the consequences of an incident exclusively attributable to a third-party provider and reasonably beyond its control.

Article 27 – Personal data

Site Gratos processes personal data necessary, in particular, for:

• creating and managing accounts;

• managing orders;

• invoicing;

• support;

• security;

• platform operation.

Details of these processing activities are set out in the Site Gratos Privacy Policy.

When the Customer collects personal data through their own website, particularly through a contact form, they remain responsible for ensuring that collection and use comply with applicable regulations.

When Site Gratos processes data on the Customer’s behalf as part of platform operation, the parties’ respective roles and obligations are determined under applicable personal data protection regulations.

Article 28 – Site Gratos’s liability

Site Gratos is liable for direct and foreseeable damage resulting from a proven breach of its contractual obligations.

To the extent permitted by applicable law, Site Gratos cannot be held liable for indirect damage such as:

• loss of turnover;

• loss of profits;

• loss of customers;

• loss of business opportunity;

• loss of data not backed up by the Customer;

• indirect reputational harm;

• reduced search visibility.

In particular, Site Gratos cannot be held liable for damage resulting from:

• incorrect information supplied, generated or approved by the Customer;

• a change made by the Customer;

• content published by the Customer;

• domain expiry;

• incorrect domain configuration;

• use contrary to these Terms;

• a third-party service;

• a registrar decision;

• a search engine decision or change;

• an algorithm change;

• a social network or other external service decision;

• force majeure;

• a cyberattack that could not reasonably have been prevented despite the measures implemented.

Unless mandatory law provides otherwise, or in the event of gross negligence or intentional misconduct by Site Gratos, the Provider’s total financial liability for a single triggering event is limited to three times the amount excluding VAT actually paid by the Customer for the Lifetime Premium plan concerned.

Article 29 – Force majeure

Neither party may be held liable for a breach resulting from force majeure within the meaning of French law.

Where the legal conditions for force majeure are met, this may include:

• natural disasters;

• fires;

• wars;

• civil unrest;

• widespread telecommunications outages;

• major energy failures;

• major cyberattacks;

• administrative decisions;

• disasters affecting an essential supplier;

• other events beyond the affected party’s reasonable control.

Article 30 – Changes to these Terms

Site Gratos may amend these Terms to reflect, in particular:

• legal developments;

• regulatory developments;

• technical developments;

• new features;

• security changes;

• general evolution of the service.

Site Gratos may retain the version applicable when Lifetime Premium was purchased.

A later amendment cannot retroactively turn an already purchased Lifetime Premium plan into a mandatory subscription.

However, new provisions relating to security, compliance, reasonable service use or technical operation may apply to existing websites where necessary for the continuity or protection of the platform.

Article 31 – Evidence and electronic acceptance

The Customer accepts these Terms by ticking the box provided before confirming their order.

Site Gratos may retain, in particular:

• the date and time of acceptance;

• the account identity;

• the corresponding order;

• the version of the Terms accepted;

• payment confirmation;

• technical logs necessary to evidence the operations performed.

Data recorded by Site Gratos and its payment providers may serve as evidence of transactions and exchanges between the parties.

Article 32 – Severability

If one or more provisions of these Terms are declared void, unlawful or unenforceable, the remaining provisions remain fully applicable.

Where possible, the affected provision must be replaced with a valid provision having a legal and economic effect as close as possible to that originally intended.

Article 33 – Applicable law and dispute resolution

These Terms are governed by French law.

In the event of a difficulty or dispute relating to Site Gratos use or performance of the contract, the parties will first endeavour to find an amicable solution.

Complaints may be sent to:

contact@octopus-web.fr Failing an amicable resolution, the dispute will be submitted to the competent courts under applicable rules of law.

Where both the Customer and Octopus Web have merchant status, exclusive jurisdiction is expressly assigned to the Paris Commercial Court, including in cases involving multiple defendants, incidental claims or third-party claims, subject to mandatory jurisdiction rules.

By confirming their order or using Site Gratos, the Customer acknowledges having read these General Terms and Conditions of Sale and Use and accepting them without reservation.