In these General Terms and Conditions, each of the expressions mentioned below shall have the meaning given in its definition, namely:

• Subscription: contractual commitment consisting of the Client's subscription to the Service, for a duration and functional scope specified in the Order; and for a financial consideration for Primyos.
• Anomaly: an anomaly which, individually or cumulatively, makes it impossible to use all or part of the functionalities of the Site normally.
• Client: natural or legal person who has subscribed to a Subscription to the Service for personal and non-professional purposes.
• CMS : ("Content Management Software"): standard platform for managing the content of websites to which the Client has access, allowing the management of the content of the Site, but also, within certain limits, the structure and graphics of the Site.
• Order: subscription by the Client to a Subscription to the Service, by choosing a subscription plan offered on the Primyos website.
• Data: contents and data, of any nature whatsoever (texts, images, visuals, videos, etc.), published by the Client on the Site created with Primyos's CMS within the framework of this Contract, including personal data of Users.
• Corrective Maintenance: correction of Anomalies on the Site.
• Tool: software tool made available to the Client under the Contract, allowing for the rapid and non-specialized training creation of a website, within the limits of the technical characteristics specified in the Order.
• Page: internal web pages of the Site, created by Primyos or the Client, and published under their responsibility.
• Server: remote web server hosted by a subcontractor, on which the Site is hosted.
• Service: application service consisting of the provision of the Tool, hosting of the Client's Site, and Support; as well as all Optional Services.
• Optional Services: additional services that can be subscribed to by the Client at the time of the Order, such as, but not limited to: the registration and management of personalized domain names, the provision of a Site referencing tool.
• Site(s): Website designed, created, and developed using the Tool provided by Primyos under this Contract, and intended for the Client's digital communication.
• Support: assistance services for the realization or use of the Site provided by Primyos to the Client, under the conditions set forth in these General Conditions and in the Order.
• Users: natural persons placed under the authority of the Client, and who may use the Site.
• Storage: disk space where media: images, videos, sounds, added by the Client to the Site are stored.

These General Terms and Conditions of Sale govern the use of the Primyos platform (hereinafter "the Platform"), a website creation service that allows users to design, customize, and publish their own website. Primyos offers a free option as well as two paid subscriptions: Premium and Premium+.

The purpose of these General Terms and Conditions of Sale is to define the conditions under which Primyos provides the Client with an application service for the design and creation of a dedicated website, as well as its deployment, maintenance, and all optional services that may be subscribed to by the Client.

These provisions apply to any subscription to the Service, regardless of the Subscription plan chosen by the Client.

These General Terms and Conditions of Sale are validated when the User Account is created. Users will be informed of any changes to the GTC. Primyos will notify the User by email of the changes at least 30 days before they come into effect, allowing the Client to review them and, if desired, cancel their Subscription.

3.1.1 Subscription and domain name payments are processed via Stripe Payments Europe, Limited (“SPEL”), whose European offices are located at The One Building, 1 Lower Grand Canal Street, Dublin 2, Ireland. This is a third-party payment service provider. As such, no sensitive data will be entered or stored directly on the Platform. The User agrees to provide the information required for their identification to Stripe Payments Europe. By using the payment services, you agree to Stripe's Terms of Service. The subscription and service fees may increase by a maximum of 15% per year. In the event of a price change for an ongoing subscription, the user will be notified at least 2 months in advance, and the new pricing will apply in the next billing cycle. The User may then terminate their commitment as of right without any penalties being imposed on them or any compensation being granted to them. The current prices are as follows:

• Free Offer: €0
• Premium Offer: €29.88/year.
• Premium+ Offer: €45/year (includes 1 free domain name)

3.1.2 There is no cost associated with the free Primyos plan. To continue offering this service for free, Primyos reserves the right to display sponsor advertisements on the client's website.

3.1.3 The purchase of a paid Primyos subscription is subject to an annual payment. Annual payments are automatically charged unless otherwise agreed.

3.1.4 Unless explicitly stated otherwise,

3.1.5 Payment can be made by credit card, following the payment instructions indicated on the Platform and then on Stripe Payments Europ.

3.1.6 As the service is provided directly and at your explicit request, it is not possible to cancel a payment by invoking the right of withdrawal applied to distance selling.

3.2.1 To subscribe to the Service, the Client must:

• Create their Client Account
• Validate these General Terms and Conditions of Sale and the General Terms of Use
• Place the Service Order by selecting one of the subscription plans presented on primyos.com
• Pay the amount due for the first period of the chosen Subscription

3.2.2 The Client's subscription will only be finalized after all the above conditions have been met.

3.2.3 Primyos also reserves the right to refuse the Subscription for any legitimate reason, particularly in the event of an ongoing or past dispute with the Client, or suspicion of fraudulent use of the Service.

3.2.4 Once the Subscription is taken out, it cannot be canceled by the Client, except as provided by law.

3.3.1 Clients with access to the Premium and Premium+ offers can obtain one or more domain names as an additional annual subscription. For Clients with the Premium+ offer, one domain name is provided for free. This means that the first domain name the Client purchases will be paid for by Primyos, until the Client cancels their Subscription to Primyos or the domain name.

3.3.2 Clients wishing to obtain a domain name must first complete a transaction on the Primyos website through the Stripe Payments Europe provider. Once the transaction is validated, the Client will be redirected to a page that will initiate the domain name registration process with the registrar. Primyos takes care of configuring the domain name so that it can be used with the Primyos Service.

3.3.3 The amount paid by the Client to Primyos during the domain name acquisition process is equivalent to the price at which Primyos acquires the domain name from the registrar, plus a charge to cover Stripe Payments Europe's fees, OVH's fees, and administrative costs including French taxes, per domain name per year. The price displayed by Primyos before accessing the payment process already includes all these additional fees, so the Client knows the total amount in advance.

3.4.1 Primyos will electronically invoice the amounts due by the client.

3.4.2 The client must pay the invoice within 14 days of the invoice date, unless otherwise agreed in writing.

3.4.3 If the client has not paid the full invoice within 14 days of the invoice date, they will automatically be considered in default without any additional notification being required.

3.4.4 If the client is in default of payment, the websites hosted for this client may be made inaccessible until the outstanding amounts are paid.

4.1 The subscription lasts for one year. The Subscription is tacitly renewed upon expiration for an additional year.

4.2 In the event of an automatic renewal, the Service fee corresponding to the renewal of the Contract will be charged on the day of renewal. In case of failure of the first payment, Primyos may proceed with further attempts if necessary. Primyos will inform the Client by email in case of repeated failure or manifest inability to collect the fee.

4.3 Furthermore, in accordance with Article L.215-1 of the Consumer Code, Primyos will inform the Client at least two (2) months before the Subscription's expiration, of the date of its automatic renewal and the possibility to terminate it at the end of the term.

4.4 The contract for the purchase of a domain name begins at the time it is subscribed. If the Client holds a Premium+ subscription level with a free domain name included, the transaction on Primyos only concerns the Subscription to the Primyos Service. Even if free for the Client, the domain name contract will be established once the Client initiates the process from their account. The domain name contract lasts for one year and is tacitly renewed before the end of the contract. If the Client wishes to terminate their domain name contract, they must notify Primyos by email at contact@primyos.com, at least one month before the end of the domain name contract.

5.1 The Client can change their Subscription at any time and choose a plan offering different features. In such a case, they must place a new Order on primyos.com. The initial Subscription will then be terminated, and the new Subscription will take effect on the date of the new Order for its specified duration. Any amounts paid in advance by the Client for the initial Subscription will be refunded on a prorated basis.

5.2 A termination request must be made by the Client in writing and sent to Primyos at least one month in advance at the e-mail address contact@primyos.com.

5.3 If the contract is an annually billed Primyos subscription, it will automatically be extended for another year unless it has been prematurely terminated in writing by either party within the 1-month notice period before automatic renewal.

5.4 Following contract termination due to cancellation, Primyos may immediately remove the features provided under a paid subscription. The Client may continue to use Primyos' free service if they wish.

5.5 Subscriptions to Primyos services and domain names are non-refundable.

6.1 In accordance with Article L.221-18 of the Consumer Code, "the consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone solicitation or outside the business premises, without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25." This period starts from the day the distance contract is concluded, i.e., from the day the Services are ordered on the Platform.

6.2 However, in accordance with Article L.221-28 1°{')'} of the same code: "The right of withdrawal does not apply to contracts for the provision of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express consent and express waiver of their right of withdrawal."

6.3 According to Article L.221-25 of the same code: If the consumer wishes the performance of a service or a contract mentioned in the first paragraph of Article L. 221-4 to begin before the end of the withdrawal period mentioned in Article L. 221-18, the professional must obtain their express request by any means for contracts concluded remotely and on paper or on a durable medium for contracts concluded outside the business premises.

6.4

7.1 The Subscription to the Service, as a reciprocal contractual commitment, consists of the following documents, listed in decreasing order of legal priority:

• The Order
• These General Terms and Conditions

In the event of a contradiction between any of the provisions of these documents, the document of higher rank shall prevail.

8.1 Any Order for a Subscription to the Service constitutes the Client's full and complete acceptance of these General Terms and Conditions.

8.2 Primyos reserves the right to modify these General Terms and Conditions at any time. The changes will apply to current Subscriptions at the expiration of a 30-day period from the date the Client is notified via email. If the Client rejects these changes, they may terminate their Subscription by sending an email to contact@primyos.com during the notice period. In such a case, the provisions of the article "Consequences of Termination of Subscription" will apply.

9.1 By default, and unless otherwise specified in the Order, the Site will have the following "basic" features:

• Administrator access for the Client to the CMS editor, allowing the Client to modify the textual and graphical content of the Site, and to add any other content through the Site's modules provided that it remains in compliance with the Terms of Use.
• "Responsive" design: accessibility and readability of the Site on smartphones;
• Display of the Site on most Internet browsers (Chrome, Edge, Firefox, Safari), in their most recent versions.

9.2 For clients with Premium and Premium+ offers:

• Installation of an SSL certificate;
• Unlimited page addition;
• Unlimited site addition.

9.3

10.1 As part of subscribing to the Service, the Client is invited to create a Client Account, to which all transactions made on the Site will be linked.

10.2 To create this Account, the Client must provide Primyos with the following information:

• For individual Clients: first name, last name, email address, postal address.
• For corporate Clients: company name or business name, registered office, contact email address, first name and last name of the Client contact.

10.3 Primyos reserves the right to verify the information provided and to suspend the creation of the Account until all necessary data has been validated.

10.4 The Client Account will be accessible via the Client's email address and a password chosen during registration.

10.5 The Client's password can be changed online from the logging screen, and the Client is encouraged to do so regularly for security purposes. Passwords are confidential and non-transferable. In this context, the Client agrees not to disclose them to unauthorized third parties. Primyos shall not be held responsible for any direct or indirect damage suffered by the Client or third parties resulting from fraudulent access to the account following the disclosure of login credentials.

10.6 As the Client's account is linked to their email address, the email address cannot be changed.

11.1.1 With the help of the Tool, and after logging into their Account, the Client can proceed to create their Website directly online.

11.1.2 The Tool allows:

• The creation of the overall architecture of the Website, based on templates chosen by the Client from those offered on primyos.com. These templates are suggestions; the Client can delete any content generated by a template. These templates are themselves generated by a template element architecture;
• The integration of data provided by the Client into the architecture;
• The creation of the homepage and all the Website Pages, within the limit of the number of Pages specified in the Order;
• The technical configuration of the architecture, data, and graphical elements mentioned above into the appropriate language (“automatic coding”) to enable the operation, development, and maintenance of the Website;
• The integration of modules, if applicable, depending on the Subscription chosen.

The Website can be published at any time by the Client, either on a Primyos subdomain or on a domain name chosen by the Client.

12.1 The Website is fully manageable by the Client: they can, by logging into their Client Account, publish any content of their choice and add Pages (within the limits specified in the Order) to best customize the Website and easily update it.

12.2 The Client remains solely responsible for the Data published on the Website and guarantees Primyos against any illegal Data, under the conditions set out in the article "Hosting".

12.3 Primyos retains "super-administrative" rights: it will have sole authorization and ability to update the CMS. Likewise, under these super-administrative rights, Primyos will have the ability to delete illegal Data.

13.1.1 The Service includes corrective maintenance of the technical tools that underpin the Service, namely: the Site creation and administration Tool, as well as the CMS, the general "framework" of the Site.

13.1.2 This maintenance is performed through the automatic deployment of corrective updates, without any intervention from the Client.

13.1.3 Primyos will then inform the Client of any corrective maintenance of the Tool, the CMS, or any other element of the Service, with at least 48 business hours' notice, specifying the nature and duration of the intervention, if it is likely to result in a Service interruption of more than 30 minutes.

13.1.4 If they are likely to impact the availability of the Service and the Client's Site, these interventions will take place either on weekends or on weekdays between 9 PM and 6 AM Paris time.Primyos will make every effort to resolve any Anomaly affecting these elements as soon as possible, within the framework of an obligation of means, and without being bound by any resolution time frame.

13.2.1 It is specified that Primyos will not be liable for any Anomaly related to the Data, Content, or any other third-party element loaded by the Client that may impact the proper functioning of the Site.

14.1 As part of the Contract, and subject to the payment of the Service Fee by the Client, Primyos will ensure hosting of the Site through a subcontractor of its choice.

14.2 Primyos shall not be held responsible for any failure to meet its availability obligations, as stipulated in this article, in the event of:

• preventive maintenance operations of the server infrastructure,
• corrective maintenance operations justified by an imminent danger to the security of the Site or the Client's Data,
• interruption of service ordered by an administrative or judicial authority,
• failure of the Client to collaborate in the analysis and diagnosis of Anomalies related to the Site

14.3 The Client is informed of the technical hazards that can affect the Internet network and lead to slowdowns or unavailability rendering connection impossible. Primyos cannot be held responsible for access difficulties to the Site due to disruptions in the Internet network. It is noted that Primyos reserves the right to suspend access to the Site for potential maintenance or improvement interventions to ensure the proper functioning of the Site.

14.4 Primyos will then inform the Client at least 48 business hours in advance, indicating the nature and duration of the intervention.

14.5 These interventions will take place either on weekends or on weekdays between 9 PM and 6 AM Paris time.

14.6 Furthermore, in the event of a security breach identified by Primyos that may severely compromise the security of the Site and the Client's Data, Primyos may proceed, without notice, to a temporary interruption of the Site to remedy the security breach as soon as possible. In this case, the Client shall not be entitled to any compensation or hold Primyos liable for any reason whatsoever.

15.1 The Client guarantees that the Data they publish on the Site , particularly regarding intellectual property, image rights, or other personality rights.

15.2 Among the formally prohibited uses, and without limitation, the Client must not:

• Violate the rights of a third-party author, including copyright;
• Assist others in infringing on the rights of third parties;
• Collect personally identifiable data or impersonate other users;
• Use the trademarks and logos of Primyos that are subject to copyright;
• Include links to hacking tools;
• Encourage criminal behavior;
• Violate the privacy of third parties, for example, by disclosing personal data without reason or authorization;
• Harass a third party;
• Engage in defamatory, insulting, racist, discriminatory, or hateful behavior;
• Distribute unsolicited commercial communications, including but not limited to, the promotion of other websites that do not comply with all the above criteria;
• Contain malicious content such as viruses or spyware;
• And any other conduct deemed unethical.

15.3 Under no circumstances shall Primyos be held liable as a result of any action or claim from third parties, particularly due to information, images, sounds, texts, videos, and, more generally, any Data hosted on the Site that would violate applicable laws and regulations, especially concerning copyrights, trademarks, trade names, and the right to the image of property or individuals. The Client shall indemnify Primyos upon first request against any harm resulting from third-party claims arising from this.

15.4 Any image generated by artificial intelligence must be declared as such on the site that uses it.

15.5 Primyos reserves the right to intervene if a user does not comply with the above conditions or if a complaint or abuse report has been filed. In this case, Primyos may terminate these violations.

15.6 If Primyos believes that the continued operation of the computer systems or network operated by Primyos or by third parties is, or risks being, damaged or compromised, for example, due to excessive data transmission, personal data leaks, or virus activities, Primyos may take any measures it reasonably deems necessary to stop or prevent such damage or jeopardy.

15.7 Primyos reserves the right to file a complaint for any criminal offense committed through or in the use of its service.

15.8 Primyos reserves the right to seek damages for any violation of these terms of use. By this, the Client indemnifies Primyos against any third-party claims for damages suffered as a result of a violation of these terms of use.

15.9 The Client agrees that their administration of the Site and the publication of Data shall not affect or compromise the stability, security, and quality of the networks, bandwidth, or infrastructures of Primyos, other Clients of Primyos, or third parties. If Primyos finds that the administration of the Site by the Client jeopardizes or undermines the stability, security, and quality of the networks, bandwidth, or infrastructures of Primyos, other Clients of Primyos, or third parties, Primyos reserves the right to suspend or even terminate the hosting of the Site, including without prior notice.

6.1 Primyos is committed to processing your personal data in accordance with Regulation (EU) 2016/679 on data protection (commonly known as the "GDPR"), which came into effect on May 25, 2018, and the French Data Protection Act of January 6, 1978, as amended (commonly known as the "Data Protection Act").

6.2 As the data controller, Primyos collects the following personal data: first name, last name, postal address, and email address.
Your personal data is collected for the following purposes:

• Provision of the platform
• Billing
• Purchase of domain names
• Display as legal notices on the user website.

6.3 The collection of this data is mandatory and is a condition for accessing the services offered by Primyos. Without this data, you will not be able to contract with Primyos.

6.4 The legal basis for processing is the execution of the contract and/or the implementation of pre-contractual measures taken at your request in accordance with Article 6.1(b) of the GDPR.

6.5 Your data will not be disclosed to third parties but may be disclosed at the request of administrative and judicial authorities in case of litigation.

6.6 Your data is retained by Primyos in an active database for the duration of the contractual relationship.

6.7 At the end of the contractual relationship, your data may be retained in an intermediate database for 5 years for managing any disputes, 10 years for accounting purposes, and 3 years for exercising rights.

6.8 You have rights regarding your data: right of access, right to rectification, right to object, right to erasure at the end of processing, right to data portability, and right to restriction, which you can exercise by writing to the email address: contact@primyos.com.

6.9 You also have the right to lodge a complaint with the CNIL (French Data Protection Authority).

16.2.1 Primyos may need to access the Data and extract and/or reproduce it on an IT environment outside the Client's premises in order to fulfill its obligations under the Agreement, notably for Support purposes or specific developments. The Client acknowledges that access to the Data is inherent to Primyos's execution of its contractual obligations.

16.2.2 Primyos will inform the Client only when extracting and/or reproducing Data on an external environment or equipment, specifying the reasons for this extraction or reproduction, as well as the expected duration of the Data's use and its location. Primyos acknowledges the sensitive and highly confidential nature of the Data and, consequently, prohibits the communication of its content to any third party unless ordered by a court or administrative authority. Primyos commits to granting access to the Data only to individuals duly authorized to perform the Services and bound by a strict contractual confidentiality obligation.

16.3.1. Subject to applicable provisions concerning personal data, as indicated below, the Data will be retained for the entire duration of the Subscription. Upon termination of the Agreement, the provisions of the article "Consequences of Termination of the Agreement" will apply.

The Client acknowledges having read and fully and unreservedly accepting the terms of the Personal Data Protection Policy, which applies to the processing by Primyos, within the framework of the Service, of the Data hosted by the Site, which may be classified as personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).

These General Terms and Conditions are governed by French law. Any disputes will be submitted to the competent jurisdictions.

If one or more provisions of the Agreement are deemed invalid or declared as such under the application of a treaty, law, or regulation, or as a result of a final decision by a competent court, the other provisions shall retain their full force and effect. In such a case, the PARTIES shall endeavor without delay to make the necessary modifications, respecting, as far as possible, the mutual intent existing at the time of signing the Agreement.