Terms of Sale and Use of the ARDOIZA service

Preamble

ARDOIZA is an online service (SaaS) offering a digital menu, online ordering (Click & Collect) and table booking for restaurants and food service venues. It is accessible from the ardoiza.fr website, the app.ardoiza.fr customer area, the menu pages published at an address on the carte.ardoiza.fr domain, the ARDOIZA WordPress plugins and the websites that ARDOIZA hosts for its customers at an address on the my-ardoiza.fr domain. The ARDOIZA Pro app, intended for restaurant owners, forms part of the Service under the conditions of article 4.6.

The Service is reserved for professionals. It is provided with no commission on orders, bookings and Gift Card sales, in return for a monthly subscription with no minimum term.

Article 1. Definitions

• “Provider” or “ARDOIZA”: the publisher of the Service, identified in article 2.
• “Customer”: any professional (a natural or legal person carrying on a restaurant or hotel-restaurant business, or an integrator acting on behalf of such professionals) who opens an Account and subscribes to a Plan.
• “Account”: the Customer's personal area on app.ardoiza.fr, protected by a username and a password.
• “Plan”: one of the subscription plans described in article 4.
• “Service”: all the features made available to the Customer according to the Plan subscribed to: customer area, online menu, booking, online ordering, promotions, Gift Cards Module, Reviews Module, WordPress plugins, hosted website, licence, support.
• “Plugins”: the paid WordPress plugins published by ARDOIZA, downloadable from the customer area, or through a personal download link valid for thirty (30) days sent to the Account's email address, and activated by the Licence Key in the Plans that include them.
• “Free Plugin”: the “ARDOIZA PRO” WordPress plugin (menu with allergens, QR code and simple table booking), offered free of charge by ARDOIZA to the wordpress.org directory; as at the date of these Terms of Sale, it is being reviewed by the directory team and is not yet published there. It works on its own, without an Account or Licence Key, and exchanges no data with the Service. It does not form part of the Service: it is governed by its licence (article 15.2) and, once published, by its listing in the wordpress.org directory.
• “Hosted Website”: the Customer's website created, hosted and maintained by ARDOIZA on its infrastructure, served at the Provided Address.
• “Menu Page”: the public page showing the Customer's menu, put together by the Customer in the My menu section of the customer area and served by ARDOIZA at an address of the form carte.ardoiza.fr/restaurantname, with its QR code and its table booking request form (article 4.6).
• “Gift Cards Module”: the feature of the Service that allows the Customer to sell Gift Cards online, paid into its account with the Customer's Payment Provider, and then to redeem them from the customer area or the Mobile App (article 23).
• “Gift Card”: the electronic voucher for an amount in euros, sold by the Customer through the Gift Cards Module, identified by a unique code and usable, according to the setting chosen by the Customer before the sale, in a single use or in several uses, up to its balance and until its expiry date, as payment for all or part of the Customer's services in its own venues (article 23).
• “Buyer” and “Recipient”: the person who buys a Gift Card from the Customer and the person whom the Buyer names to receive it, who may be the Buyer. The Buyer and the Recipient are End Customers.
• “Reviews Module”: the feature of the Service described in article 24, which allows the Customer to ask its End Customers privately for their feedback after a confirmed booking request received through the Menu Page; it stays off until the Customer switches it on.
• “Customer's Payment Provider”: Stripe Payments Europe, Ltd., with which the Customer enters into a contract directly in order to collect payments from its End Customers (article 22).
• “Provided Address”: the address of the Hosted Website, of the form restaurantname.my-ardoiza.fr, a subdomain of the my-ardoiza.fr domain reserved by ARDOIZA for Hosted Websites.
• “Customer Content”: the texts, menus, prices, allergen information, photographs, logos, opening hours, pages and legal notices that the Customer publishes on its Hosted Website or through the Service.
• “Mobile App”: the ARDOIZA Pro app for phone and tablet, intended for the Customer, described in article 4.6.
• “Licence Key”: the unique key assigned to the Account, which allows the Plugins to be activated on one or more of the Customer's WordPress websites within the limits of the Plan.
• “End Customers”: the people who view the menu, place an order, book a table, or buy, receive or use a Gift Card with the Customer through the Service.
• “Customer Data”: all data entered, imported or generated in the Service on behalf of the Customer: venue details, menus, photographs, opening hours, promotions, orders, bookings, Gift Cards and the history of their movements, End Customer database.
• “Terms of Sale”: these general terms of sale and use.

Article 2. Identification of the Provider

ARDOIZA is the trading name under which the Service is operated by Mr Hamar Azzi, sole trader (entrepreneur individuel, EI), SIREN 511 435 885, SIRET 511 435 885 00021, registered with the Registre national des entreprises (French National Business Register) since 27 March 2009, whose registered office is at 4 place Victor Basch, 30400 Villeneuve-lès-Avignon, France, intra-EU VAT number FR79511435885. The subscription contract is entered into with this business, which issues the invoices under the ARDOIZA trading name. The development and technical operation of the platform are entrusted to JOUCLA CYBERDÉFENSE, Mr Hugo Joucla, sole trader (EI), SIREN 938 064 714, 84 chemin du Rabet et du Ramplan, 13670 Saint-Andiol, France, the Provider's technical service provider, which is not a party to the contract.

VAT not applicable, art. 293 B of the French General Tax Code.

Contact: [email protected] (general questions), [email protected] (assistance), [email protected] (invoices and payments).

Article 3. Purpose, scope and acceptance

3.1. The Terms of Sale set out the conditions under which ARDOIZA provides the Service to the Customer and the conditions under which the Customer uses the Service.

3.2. The Service is intended exclusively for professionals acting in the course of their business. By creating an Account, the Customer declares that it is acting in a professional capacity, that it has the necessary capacity and authority, and that it is registered in the register applicable to its business. The provisions of the Code de la consommation (French Consumer Code) relating to consumers, in particular the right of withdrawal for distance contracts, do not apply to contracts entered into online under these Terms of Sale.

3.3. The Customer accepts the Terms of Sale when creating the Account, by means of a tick box preceded by the acceptance statement. This acceptance is timestamped and kept by ARDOIZA together with the version of the Terms of Sale accepted. No subscription is possible without this acceptance.

3.4. The Terms of Sale prevail over any document of the Customer, in particular its general terms of purchase. Any special terms must be the subject of a written agreement signed by both parties.

3.5. ARDOIZA may amend the Terms of Sale. The Customer is informed by email and by a message in its customer area at least thirty (30) days before the new version comes into force. If the Customer does not accept the changes, it may cancel its subscription before that date, free of charge. Continued use of the Service after that date constitutes acceptance. Changes required by law or regulation apply as soon as they come into force.

Article 4. Plans and prices

4.1. The Plans available as at the date of these Terms of Sale are as follows. A feature followed by the words “coming soon” is not available as at the date of these Terms of Sale and does not form part of any Plan until it is launched (article 4.6). The details of the features of each Plan are given on the ardoiza.fr website and in the customer area, My plan section, and form an integral part of the Terms of Sale.

VAT not applicable, art. 293 B of the French General Tax Code. Prices are stated in euros and are per month and per Account. Should the Provider become liable for VAT, VAT at the applicable rate would be added to the above prices from the date on which it becomes liable, after the Customer has been informed at least thirty (30) days in advance.

4.2. ARDOIZA takes no commission on the orders or bookings received by the Customer, nor on the Gift Cards it sells, whatever their number or amount.

4.3. ARDOIZA may change its prices. Any increase is notified to the Customer at least thirty (30) days before it takes effect, which is at the start of a new monthly period. The Customer may cancel free of charge before that date. Price reductions apply from the next due date.

4.4. The Customer may change Plan at any time from its customer area. The change takes effect immediately and starts a new monthly period invoiced at the price of the new Plan. The current period is not refunded and no pro rata calculation is made; this rule is shown on screen before the change is confirmed. Moving to a Plan that does not include a feature in use (for example the Plugins or the Hosted Website) results in that feature being deactivated under the conditions of articles 12.3 and 12.4; before confirmation, the confirmation screen tells the Customer which features it will lose and, where applicable, which venues will be suspended and which Hosted Websites will become unavailable.

4.5. Services not included in the Plans (for example help with migration, configuration or training) are subject to a separate quote.

4.6. Mobile App, Menu Page and planned features. The ARDOIZA Pro Mobile App (receiving and handling orders and bookings on phone and tablet) is included, at no extra cost, in the Basic, Essential and Pro Plans. It has been available for iPhone and iPad on Apple's App Store since 28 September 2026, and for Android on Google Play since 5 October 2026, from which the Customer downloads it. It is accessed with the Account's login details; it cannot be used to create an Account or subscribe to a Plan. The My menu section of the customer area is open to any active Account, whatever its Plan, including the Menu Plan: there the Customer puts together its menu (sections, dishes, prices, allergen information in accordance with European Regulation 1169/2011, photographs) and publishes it on its Menu Page, with a QR code that links to it, within the limits of article 4.7 for the Menu Plan. The Menu Page is shared by its link or its QR code; it cannot be embedded in another page. It is only served if the Customer has published it and its Account is not suspended. As for the Hosted Website (article 9.6), the Menu Page can only be published once its publisher's legal notice has been completed in the My menu section, consumer mediator included; this legal notice is displayed at the bottom of the Menu Page, together with a statement that ARDOIZA is the hosting provider; a Menu Page published before this rule came into force remains online, and the Customer is invited to complete its legal notice. The Menu Page offers simple table booking: the End Customer sends a request, the Customer is informed of it by email and replies from the customer area, and the End Customer receives the reply by email; a request is not a booking until the Customer has confirmed it. Requests are deleted ninety (90) days after the requested date. The Hosted Website is served at the Provided Address; in the Pro Plan, it may also be served at a domain name belonging to the Customer, under the conditions of article 8.5. Online card payment for orders and the booking deposit, described in article 22, have been available in the Basic, Essential and Pro Plans since 23 September 2026. The Gift Cards Module, described in article 23, has been available in the Basic, Essential and Pro Plans since 1 October 2026. Sales and booking statistics and the management of several venues, up to 3 venues, are available in the customer area for the Pro Plan (article 4.1). No planned feature comes with a release date, and none forms part of a Plan until ARDOIZA has announced it in the customer area. Delivery of orders is not offered as at the date of these Terms of Sale: the Service handles collection on site (Click & Collect) and table booking. The release of these features, their terms of use and the corresponding update of the Privacy Policy and of the Data Processing Agreement are notified to the Customer under the conditions of article 3.5.

4.7. Menu Plan. The Menu Plan includes, free of charge, the Account, the My menu section and the Menu Page, with its allergen information and its QR code, within the following limits:

• at most twenty (20) booking requests recorded per calendar month, Paris time. A request that the Customer reports as fake from its customer area before replying to it is deleted and is not counted, up to ten (10) reports per month. Once the limit is reached, and until the first day of the following month, the Menu Page no longer shows the request form: it invites End Customers to contact the Customer directly, using the phone number it entered in the My menu section;
• at most five (5) dish photographs displayed, namely the first five in the order of the menu; the Customer's logo is displayed;
• the colour and layout of the Menu Page are those offered by default, with no drawing or cover photograph;
• the content entered by the Customer (dishes, sections, introduction) is not translated automatically; the fixed texts of the Menu Page (buttons, headings, allergen information) are still offered in French and in English;
• the Menu Page visibly bears the words “Powered by ARDOIZA”, with a link to the ardoiza.fr website; from the date provided for in the last paragraph of this article, these words no longer appear on the Menu Page of an Account that has a paid Plan or its free trial;
• support is provided by the automated assistant and the online documentation, without a reply from a person, under the conditions of article 11.1;
• when nobody has logged in to the Account's customer area for six (6) months, the Menu Page is no longer served to the public. The Customer is warned of this by email thirty (30) days and seven (7) days beforehand; logging in before that date keeps the Menu Page online. The Account, the menu, the photographs and the address of the Menu Page are kept, and the Customer puts its Menu Page back online from its customer area, at any time. Subscribing to a paid Plan, free trial included, puts it back online without any other formality.

Content and settings saved by the Customer beyond these limits, in particular during a paid Plan, are not deleted: they are not displayed while these limits apply to the Account, and are displayed again as soon as a paid Plan is subscribed to, free trial included.

A single venue may only have one Account on the Menu Plan. Where several Accounts on the Menu Plan are opened for the same venue in order to get around these limits, ARDOIZA may, after an email warning that has had no effect for fifteen (15) days, stop serving the Menu Pages of the additional Accounts.

These limits apply to an Account from a date set by ARDOIZA. This date is announced in the customer area and by email at least sixty (60) days in advance (article 5.5) and may not be earlier than 6 December 2026. Until that date, the Menu Plan is provided without these limits, except for the words “Powered by ARDOIZA”, which already appear on all Menu Pages, whatever the Account's Plan, during this transitional period.

Article 5. Account creation and free trial

5.1. Creating an Account requires a valid email address, a password that meets the requirements shown, the name of the venue, the identity of the manager and the business's SIRET number. The Account is activated once the email address has been verified; the verification link can be sent again, up to three (3) times per hour. One Account corresponds to one holder (the manager). The Customer is solely responsible for keeping its login details confidential and for any use of the Account made with them. It informs ARDOIZA immediately at [email protected] of any unauthorised use.

5.2. The billing information (business name, address, SIRET, intra-EU VAT number where applicable) must be accurate and kept up to date in the customer area. Invoices are drawn up on the basis of this information.

5.3. A Customer subscribing to a paid Plan (Basic, Essential or Pro) for the first time benefits from a free trial of thirty (30) days: 30 days free, bank card required, no charge before the end of the free trial, cancellable at any time. A payment method (bank card) is requested at the time of subscription, in the payment provider's secure forms (article 7.2); no amount is charged on the day of subscription or before the end of the free trial. The free trial is granted only once per Account, whatever the Plan.

5.4. The Customer is informed by email seven (7) days, three (3) days and one (1) day before the end of the free trial, with the date and amount of the first charge. At the end of the free trial, unless it is cancelled before its last day, the paid subscription starts and the first monthly period is charged automatically to the registered payment method, under the conditions of article 7. The Customer may cancel during the free trial, at any time up to its last day, from its customer area (My plan section): the Account then reverts to the Menu Plan at the end of the free trial, without any amount being charged. If the payment method was removed during the free trial, or if the first charge fails, article 7.3 applies. Free trials started before 22 September 2026 without a payment method remain subject to the rule then in force: if no payment method is registered at the end of the free trial, the Account automatically reverts to the Menu Plan, free of charge. In all cases of reverting to the Menu Plan, the Customer Data is kept and the features specific to the Plan trialled are deactivated under the conditions of article 12.

5.5. The Menu Plan is free and has no time limit, under the conditions and within the limits of article 4.7. ARDOIZA reserves the right to change its content with sixty (60) days' notice, or to discontinue it with ninety (90) days' notice, in accordance with article 6.3.

Article 6. Term, renewal and cancellation

6.1. The subscription to a paid Plan is entered into for a period of one (1) month from the date of subscription (or of the end of the free trial), automatically renewed for successive periods of one month. It has no minimum term.

6.2. The Customer may cancel at any time from its customer area (My plan section) or by email to [email protected]. Cancellation takes effect at the end of the current monthly period, which has already been paid, or, during the free trial, at the end of the free trial: no amount is then charged (article 5.4). No pro rata refund is due for the current period. The Customer may withdraw the cancellation as long as the period has not ended. On the effective date, the Account reverts to the Menu Plan; the Customer may request the complete deletion of its Account from the My profile section, subject to article 23.8 where Gift Cards that have been sold are still valid.

6.3. ARDOIZA may cancel a subscription or close an Account:

• if the Customer fails to meet its obligations, in particular non-payment or unlawful use or use contrary to article 9, not remedied within fifteen (15) days of a formal notice sent by email;
• immediately and without notice in the event of a serious breach (fraud, compromising the security of the Service, illegal activity);
• if the Service or a Plan is discontinued, with ninety (90) days' notice, amounts paid in advance for a period not performed being refunded.

6.4. An Account on the Menu Plan that has been inactive (no login, no booking or order, no Gift Card still valid) for twenty-four (24) months may be closed by ARDOIZA after an email warning that has gone unanswered for thirty (30) days. This closure of the Account is separate from the withdrawal of the Menu Page provided for in article 4.7 after six (6) months without a login, which neither closes the Account nor deletes any data.

Article 7. Invoicing and payment

7.1. The subscription is invoiced monthly, in advance, at the start of each period. The first charge is made automatically at the end of the free trial (article 5.4), the Customer having been informed of it by email at least three (3) days beforehand, with the date and amount; the Customer can avoid it by cancelling up to the last day of the free trial. Subsequent charges are made on each monthly due date. An invoice is issued on each due date and made available in the customer area, Billing section. It is also sent by email. The Customer agrees to receive its invoices electronically.

7.2. Payment is made by bank card, charged on each due date, through the payment provider Stripe. Card details are entered exclusively in this provider's secure forms, at the time of subscription (article 5.3) or from the customer area, and are never sent to or stored by ARDOIZA. The Customer manages its payment method from the provider's secure portal, accessible from the customer area. The Customer warrants that it is authorised to use the registered payment method. No amount is charged until the Customer has itself registered a payment method with this provider, nor before the end of the free trial. The payment provider's terms apply to the payment transactions themselves.

7.3. If a charge fails, including the first charge at the end of the free trial (payment method removed, declined or expired), the Customer is informed by email and has fourteen (14) days to settle. During this grace period, the Service is suspended in stages, in the following order, which the customer area announces date by date:

• as soon as the charge fails: priority handling of support requests (Pro Plan) no longer applies;
• after seven (7) days: the Licence Key is no longer validated. The Mobile App no longer receives orders, statistics can no longer be viewed and downloading the Plugins and their updates is refused;
• after fourteen (14) days: the Account reverts to the Menu Plan and the subscription is cancelled. The Hosted Website is deactivated under the conditions of article 12.3, its Provided Address remaining reserved for thirty (30) days.

At the end of these fourteen (14) days without settlement, the invoices whose payment failed are cancelled by the issue of a credit note referring to the original invoice; no amount is claimed from the Customer in respect of them, and these cancelled invoices give rise neither to the penalties nor to the fixed compensation provided for in article 7.4. Earlier invoices already paid are not refunded. The Customer keeps its Account, its Data and its invoices, and may subscribe to a paid Plan again at any time. Settlement before the end of each stage restores the corresponding features without delay.

7.4. In accordance with Articles L441-10 and D441-5 of the Code de commerce (French Commercial Code), any amount not paid by its due date automatically bears, without prior formal notice, late payment penalties payable from the day after the due date, calculated at three (3) times the statutory interest rate in force, together with fixed compensation for recovery costs of €40 (forty euros) per unpaid invoice. If the recovery costs actually incurred are higher, additional compensation may be claimed on production of supporting documents. No discount is granted for early payment.

7.5. Any dispute concerning an invoice must be sent to [email protected] within thirty (30) days of its issue, stating the reasons. After that period, the invoice is deemed accepted.

7.6. Payment of End Customers' orders and deposits. Orders placed on the Hosted Website or through the Plugins are paid to the Customer, on site at collection or, where the Customer has switched on online payment, online by bank card under the conditions of article 22. Booking requests received through the Menu Page do not involve any payment. Gift Cards are paid for online by bank card into the Customer's account with the Customer's Payment Provider, under the conditions of articles 22.2 and 23. ARDOIZA never collects or holds End Customers' funds at any time.

Article 8. ARDOIZA’s obligations

8.1. ARDOIZA provides the Service diligently and in accordance with good professional practice, under an obligation of means (best efforts). In particular, ARDOIZA undertakes to:

• host the Service and the Customer Data on servers located in the European Union, in France;
• keep the Service in working order and fix reproducible faults reported to it;
• make an encrypted daily backup of the data it hosts (customer area, Hosted Websites); the data stored in the WordPress website that the Customer runs with its own hosting provider (Plugins only) falls under the Customer's own backups;
• apply security updates to the Hosted Websites (WordPress, theme and Plugins);
• implement the security measures described in the annex to the Data Processing Agreement;
• provide written support in French, or in English for a Customer who writes in English, under the conditions of article 11;
• allow the Customer Data to be exported at any time under the conditions of article 13.

The Service has been hosted in France since 29 September 2026; the security measures in place and the commitments not yet fulfilled are described in Annex 2 of the Data Processing Agreement.

8.2. ARDOIZA does not intervene in the commercial relationship between the Customer and its End Customers. ARDOIZA is not a party to orders, bookings or Gift Card sales, does not collect their price and is not responsible for their performance, for the quality of the Customer's services, or for disputes between the Customer and its End Customers.

8.3. Hosted Website. For the Plans that include a Hosted Website, ARDOIZA creates the website, hosts it on its infrastructure, and provides its technical maintenance, security updates and backups. A newly created Hosted Website is not accessible to the public: it shows a holding page until the Customer has completed its legal notice from its customer area and then itself requested that the website be put online. The Customer can access its website and prepare it from the moment it is created; it can also put it back on hold at any time from its customer area. The Customer manages its Content, its orders, its bookings and its End Customer database from its website dashboard, which it accesses from its customer area by a single-use login link, without a separate password. In order to preserve the security of all Hosted Websites, the Customer may not install plugins or themes, modify the website's code, or access its files or database. For these Plans, ARDOIZA hosts the data of the Customer's End Customers: in this respect it acts as a processor (article 14).

8.4. Hosting provider status. For Customer Content published on a Hosted Website, ARDOIZA acts as a hosting provider within the meaning of Article 6 of French Law No. 2004-575 of 21 June 2004 and of Regulation (EU) 2022/2065: it stores this content at the Customer's request, without prior review or any general obligation to monitor. The Customer is the publisher of its website. ARDOIZA keeps the Customer identification data required by law. When manifestly unlawful content is notified to it (form at https://app.ardoiza.fr/signaler or [email protected]), ARDOIZA promptly removes it or makes it inaccessible and informs the Customer of the action taken and the reasons for it, unless prohibited by law; the Customer may contest this action at the same address.

8.5. Provided Address and domain name. The my-ardoiza.fr domain is registered and operated by ARDOIZA. The Customer chooses the name of its Provided Address, subject to availability and compliance with article 9; it has the use of it for the duration of its Plan, without acquiring any ownership rights over the domain or the subdomain. ARDOIZA may refuse or withdraw a name that infringes the rights of a third party, is misleading or is contrary to the law. When the Customer changes its Provided Address, or when ARDOIZA releases its address (closure of the Account, action by the team at the Customer's request), the former address cannot be chosen by any other customer for ninety (90) days, so that QR codes already printed do not lead to a third party; the Customer may take it back during that period.

Customer's domain name (Pro Plan). A Customer that has the Pro Plan may connect to its Hosted Website a domain name that it holds or has the use of, in the form of a subdomain (for example www.its-restaurant.fr) or, if its provider allows it, the root name. It creates itself, with the provider that manages that name, the record shown in its customer area, and remains solely responsible for the registration, renewal and payment of that name. ARDOIZA connects the name only after having found that record; the security certificate presented to visitors is issued and renewed by the content delivery network used by ARDOIZA, at no cost to the Customer. The Provided Address remains assigned to the Hosted Website and redirects to that name. ARDOIZA may refuse or suspend the connection of a name that is already connected to another Account, that no longer points to the Hosted Website, that infringes the rights of a third party or that is contrary to the law: the Hosted Website is then served again at its Provided Address. The connection ends, without any other formality, when the Customer removes it from its customer area, when the Hosted Website is deleted or when the Account leaves the Pro Plan; it is then for the Customer to remove the record it created.

Article 9. Customer’s obligations and use of the Service

9.1. The Customer uses the Service in accordance with its intended purpose, the Terms of Sale and the applicable laws and regulations. In particular, it shall not:

• use the Service for any business other than restaurant or hotel-restaurant services, or on behalf of an undeclared third party;
• publish content that is unlawful, misleading, infringing or that infringes the rights of third parties;
• attempt to access data or accounts that do not belong to it, circumvent security, rate limiting or licensing measures, or disrupt the operation of the Service;
• resell, sublet or make access to the Service available to third parties outside a written agreement with ARDOIZA;
• use the Service to send unsolicited communications.

9.2. The Customer is solely responsible for the Customer Content, whether it publishes it on its Hosted Website, on its own website or by any other means of the Service: accuracy of the menus, prices, allergen information (Regulation (EU) No 1169/2011), the VAT rates applicable to its sales, its opening hours and its collection arrangements, as well as the compliance of its own legal notice and terms of sale with respect to its End Customers. The Customer warrants that it holds the rights to the texts, photographs and logos it publishes.

9.3. The Customer is responsible for the compliance of its business, in particular its obligations relating to tax, consumer information, food safety and the protection of personal data with respect to its End Customers, for which it is the controller (see article 14).

9.4. When it uses the Plugins on its own WordPress website, the Customer is responsible for that website, its security, its updates, its hosting and the compatibility of its environment with the requirements published by ARDOIZA (minimum versions of WordPress and PHP).

9.5. The Customer undertakes to check its customer area and the email address linked to the Account regularly, as these are the official channels of communication between the parties.

9.6. The Customer is the publisher of its Hosted Website. It displays its own legal notice on it (business name, registration number, address, contact details, and the name and contact details of the consumer mediator, or médiateur de la consommation, it comes under) and, if it sells to consumers, its terms of sale and its information on personal data. Putting the Hosted Website online is subject to this legal notice, consumer mediator included, being entered and published in the customer area, My website section: ARDOIZA does not put online any Hosted Website that lacks it. By way of exception, the Hosted Websites created before this rule was introduced (version 1.3.0 of website hosting, on 22 September 2026) have remained online without this check: they are exclusively test websites of the ARDOIZA team and demonstration websites, and no Customer's website falls into this category. The page templates provided by ARDOIZA are drafting aids: the Customer completes them and remains solely responsible for them. The Customer does not use its Hosted Website to store files unrelated to its restaurant business.

Article 10. Availability, maintenance and changes

10.1. ARDOIZA aims for the highest possible availability of the Service, with particular attention to restaurant service hours. No quantified availability guarantee is given in the Plans described in article 4. The Service is accessible 24 hours a day, 7 days a week, subject to maintenance operations, cases of force majeure and failures of third parties (hosting provider, networks, payment provider, the Customer's internet access provider).

10.2. Scheduled maintenance operations are, as far as possible, carried out outside service times (11:00 to 14:30 and 18:00 to 23:30) and announced at least forty-eight (48) hours in advance in the customer area or by email. Urgent maintenance (security fix) may be carried out without notice.

10.3. The Plugins do not fetch the menu from the Service: the menu, orders and bookings are stored in the database of the WordPress website that runs the Plugins. On a website that the Customer runs with its own hosting provider, temporary unavailability of the Service therefore does not prevent the menu from being displayed; it may, however, delay the checking of the Licence Key and the Mobile App's notifications.

10.4. ARDOIZA may change the Service (adding, modifying or removing features) provided that this does not substantially degrade the essential features of the Plan subscribed to. The removal of an essential feature is notified with sixty (60) days' notice and gives the right to cancel free of charge.

Article 11. Support

11.1. Support is provided in writing, in French, or in English for a Customer who writes in English, from the customer area (My requests section) or at [email protected]. A reply from a person is given within an indicative period of twenty-four (24) hours, Monday to Friday excluding public holidays, for the paid Plans. Requests from holders of the Pro Plan are handled as a priority, before those of the other Plans, without any commitment to a shorter response time. Holders of the Menu Plan have access to the automated assistant and the online documentation; their written requests are handled without any commitment as to response time until the limits of article 4.7 apply to their Account. From that date, the Menu Plan no longer includes a reply from a person to support requests. Requests relating to billing, sent to [email protected], to the security of the Account, sent to [email protected], and to personal data, as well as complaints, sent to [email protected] (article 21.2), are still handled, whatever the Plan. A request opened before that date is handled until it is closed.

11.2. An automated assistant (chatbot) is made available on the website and in the customer area to answer common questions. Its answers are given for information purposes only and constitute neither a contractual commitment nor legal, tax or technical advice. Questions it cannot answer are passed on to the team, except for holders of the Menu Plan to whom the limits of article 4.7 apply (article 11.1).

11.3. Support does not include administration of the Customer's WordPress website, content creation or training, which may be the subject of a quote.

Article 12. Suspension and deactivation

12.1. ARDOIZA may suspend all or part of the Service, after informing the Customer by email except in an emergency, in the event of:

• non-payment, under the conditions of article 7.3;
• a breach by the Customer of article 9;
• a proven risk to the security of the Service, of other customers or of End Customers (compromise of the Customer's Account or WordPress website, attack, exploited vulnerability);
• manifestly unlawful content notified on a Hosted Website, under the conditions of article 8.4;
• a request from a judicial or administrative authority.

12.2. Suspension does not release the Customer from paying the amounts due and, when justified, gives no right to compensation. The Service is restored without undue delay once the cause of the suspension has ceased. During a suspension, the sale of Gift Cards stops, but Gift Cards already sold can still be redeemed and refunded from the customer area, except where the suspension is due to fraud or to a security risk that concerns the Gift Cards Module itself; in that case, the suspension is limited to the functions of the Gift Cards Module concerned, and ARDOIZA hands over to the Customer, within twenty-four (24) working hours, the list of Gift Cards still valid provided for in article 23.5, so that it can continue to honour them.

12.3. Deactivation of features when reverting to the Menu Plan (cancellation, including during the free trial; end of a free trial started without a payment method, article 5.4; non-payment; change of Plan):

• the Licence Key is no longer validated: the Plugins continue to display the menu, but the ordering, full booking and promotion functions are deactivated on the Customer's website; no order or booking is validated there any longer and no promo code is applied there any longer;
• the Mobile App no longer receives orders or bookings;
• the Hosted Website is deactivated and replaced by a page stating that the website is temporarily unavailable, its dashboard being closed; the website and the Provided Address remain reserved for the Account for thirty (30) days, during which returning to a Plan that includes a Hosted Website restores it as it was; after that period, the website is deleted under the conditions of article 13.6 and the address is removed from the Account, then remains reserved for the Customer for a further thirty (30) days before being released; the Customer's domain name, if one was connected, is no longer served;
• venues other than the main venue (Pro Plan) remain in the Account; their Hosted Websites follow the rule in the previous point;
• the Statistics page of the customer area is no longer available and support requests are no longer handled as a priority (Pro Plan);
• online payment and the booking deposit (article 22), where switched on, are deactivated: orders are once again paid on site at collection, and the Customer's account with the Customer's Payment Provider is not changed;
• the My menu section and the Menu Page remain available, under the conditions of the Menu Plan (article 4.7): from the date provided for in the last paragraph of that article, content and settings beyond its limits are kept without being displayed, and are displayed again as soon as a paid Plan is subscribed to, and the words “Powered by ARDOIZA” appear on the Menu Page;
• the Reviews Module no longer sends feedback requests; Feedback already received is kept and erased under the conditions of article 24.5;
• the sale of new Gift Cards stops; Gift Cards already sold can still be viewed, redeemed, refunded and exported from the customer area, under the conditions of article 23.8;
• the Customer Data is kept and can be exported under the conditions of article 13.

12.4. Moving to a paid Plan with fewer features. Before confirmation, the customer area tells the Customer what it will lose (article 4.4):

• from the Essential or Pro Plan to the Basic Plan: the Account's Hosted Websites become unavailable under the conditions of article 12.3 (address reserved for thirty (30) days, restored as it was if the Customer returns to a Plan that includes a Hosted Website within that period, then deleted under the conditions of article 13.6);
• from the Pro Plan to the Basic Plan: the Licence Key covers one (1) WordPress website instead of three (3); only the first websites activated remain valid;
• from the Pro Plan to the Essential Plan: the Licence Key is no longer validated on the WordPress websites that the Customer runs with its own hosting provider, and the Mobile App no longer receives their orders; the Hosted Website keeps its licence. Venues beyond the first are suspended: their Hosted Websites become unavailable, without being deleted, and are restored as soon as the Customer returns to the Pro Plan;
• when leaving the Pro Plan, in all cases: the Statistics page is no longer available, support requests are no longer handled as a priority, and the Customer's domain name is no longer connected to the Hosted Website, which returns to its Provided Address.

Article 13. Reversibility, export and deletion of data

13.1. The Customer Data belongs to the Customer. ARDOIZA claims no rights over it and uses it only to provide the Service, under the conditions of the Privacy Policy and the Data Processing Agreement.

13.2. The Customer may at any time and free of charge export itself, in a structured, commonly used and machine-readable format (CSV), from its website dashboard: its bookings and its End Customer database with the status of their consents. It downloads from its customer area its ARDOIZA invoices and a copy of its Account data (My profile, My data section). For a Hosted Website, the Customer may at any time download a full copy of its website from the Copies of my website page of its customer area. It may at any time export, from the Gift cards section, the list of its Gift Cards and the history of their movements. For security, full exports from the customer area (copy of the Account data, website copy, export of all booking requests from the Menu Page) require a two-factor authentication code, which can be enabled free of charge. For Customer Data hosted by ARDOIZA that is not included in any of these self-service exports (in particular the menu and photographs of the Menu Page), ARDOIZA provides the export to the Customer free of charge, in a structured and commonly used format, within thirty (30) days of a written request sent to [email protected].

13.3. At the end of the contract, whatever the reason, the Customer has thirty (30) days to export its Data; for Gift Card data, this period runs from the end of the continued access provided for in article 23.8. On a written request made within that period, ARDOIZA provides reasonable assistance with reversibility; assistance beyond two (2) hours is subject to a quote.

13.4. At the end of this thirty (30) day period, or without delay at the Customer's request, the Customer Data is deleted from the production systems, then from the backups as they are rotated, within a maximum of ninety (90) days. Only the data needed to comply with legal obligations (invoices and accounting records) and to establish, exercise or defend legal claims is kept beyond that, in isolated form.

13.5. The Plugins remain usable by the Customer under the terms of their GPL licence after the end of the contract, without access to the Service.

13.6. Deletion of a Hosted Website. A Hosted Website is deleted at the end of the thirty (30) day period provided for in articles 12.3 and 13.3, or earlier on the Customer's written request. Before deletion, ARDOIZA makes a full copy of the website (pages, menu, orders, promotions, bookings, End Customers and consents, settings, photographs), which the Customer downloads from the Copies of my website page of its customer area for thirty (30) days after deletion. If this export cannot be made, the website is not deleted until the export has succeeded. After deletion, the website's data only remains in the backups, until they are rotated (article 13.4), and the Provided Address may be assigned to another customer.

Article 14. Personal data

14.1. For data relating to the Customer itself (identity of the manager, contact details, Account data, billing, support, login), ARDOIZA acts as controller. This processing is described in the Privacy Policy.

14.2. For End Customers' data (bookings, orders, contact details, preferences, consents) that the Customer collects through the Service or imports into it, the Customer is the controller and ARDOIZA acts as a processor within the meaning of Article 28 of Regulation (EU) 2016/679 (GDPR). The relationship between the parties in this respect is governed by the Data Processing Agreement (DPA), which forms an integral part of the Terms of Sale and which the Customer accepts at the same time as them. This processor role concerns the Plans that include a Hosted Website, as well as booking requests received through the Menu Page, whatever the Plan, Gift Cards sold through the Gift Cards Module (article 23.10) and the Reviews Module when it is switched on (article 24.4): End Customers' data is then stored on ARDOIZA's infrastructure. When the Customer uses the Plugins on its own WordPress website, with its own hosting provider, this data stays on that website: ARDOIZA has no access to it and only acts as a processor if the Customer asks it in writing for a support intervention that requires it to access that data.

14.3. The Customer undertakes to inform its End Customers in accordance with Articles 13 and 14 of the GDPR, to obtain the required consents (in particular for any direct marketing) and not to collect through the Service any data other than that needed for bookings, orders, Gift Cards and the Reviews Module. When it imports into the Service End Customers' data collected outside it, it guarantees that it may lawfully enter and use it, and ensures that the data subjects are informed.

14.4. The Mobile App (article 4.6) gives rise to the processing described in article 9 of the Privacy Policy (connected devices, notification token, log). The notifications it receives contain no End Customer identification data; the providers that deliver them are listed in Annex 3 of the Data Processing Agreement.

Article 15. Intellectual property and licences

15.1. Service. ARDOIZA (or its licensors) retains all intellectual property rights in the Service, its software, databases, interfaces, trade marks, logos and documentation. For the term of the contract, the Customer is granted a personal, non-exclusive, non-assignable and non-transferable right to access and use the Service, for its own needs and within the limits of the Plan subscribed to (number of websites, venues and features). Any other use, in particular decompilation outside the cases provided for by law, substantial extraction from the database, reproduction or making available to third parties, is prohibited.

15.2. WordPress plugins. The Plugins and the Free Plugin are distributed under the GNU General Public License version 2 or later. The Customer may use, study, modify and redistribute them under the terms of that licence. The GPL licence covers the code of the Plugins only: it confers no rights over the Service, its APIs or its trade mark, nor over the features that require a valid Licence Key. Any modification of the Plugins by the Customer is made at its sole responsibility and is not covered by support.

15.3. Licence Key. The Licence Key is attached to the Account. It is sent by email to the Account's email address and remains available from the customer area. It allows the Plugins to be activated on one (1) WordPress website for the Basic Plan and on three (3) websites for the Pro Plan. The Customer discloses it only to the person it engages to install or maintain its website, under its own responsibility. The Customer can regenerate it from its customer area, which revokes the old key; it does so without delay if it believes the key has been disclosed. ARDOIZA may revoke a Licence Key in the event of use contrary to the Terms of Sale.

15.4. Customer Content. The Customer remains the owner of its content. It grants ARDOIZA, for the term of the contract and worldwide, a non-exclusive, royalty-free licence to reproduce, store, technically adapt and display this content, solely for the purpose of providing the Service (displaying the menu, generating the Hosted Website, sending confirmations to End Customers, backups).

15.5. Commercial references. ARDOIZA may cite the Customer's name and logo as a commercial reference, unless the Customer objects in writing at any time by writing to [email protected].

15.6. Feedback and suggestions. Suggestions for improvement sent by the Customer may be used freely by ARDOIZA without consideration.

Article 16. Liability

16.1. ARDOIZA is bound by an obligation of means (best efforts). It can only be held liable in the event of a proven fault that has caused direct damage to the Customer.

16.2. ARDOIZA is not liable for indirect damage, in particular loss of turnover, customers, orders, data not exported when the export was available, reputation or opportunity, nor for damage resulting from:

• use of the Service that does not comply with the Terms of Sale or the documentation;
• a failure of the Customer's WordPress website, hosting provider, equipment (tablet, printer) or internet connection;
• inaccurate information published by the Customer (prices, allergens, opening hours, collection arrangements, VAT);
• the intervention of an unauthorised third party made possible by negligence on the part of the Customer (weak or shared password, WordPress website not kept up to date);
• a case of force majeure within the meaning of Article 1218 of the Code civil (French Civil Code);
• the failure of a third-party provider (hosting provider, CDN, payment provider, email operator), provided that ARDOIZA exercised due care in choosing and monitoring it.

16.3. In any event, and except in the case of gross negligence or wilful misconduct, ARDOIZA's total liability under the contract, for all causes combined, is limited to the amount actually paid by the Customer for the subscription during the twelve (12) months preceding the event giving rise to the claim, without being less than €100 (one hundred euros), including during the free trial. For the Menu Plan, which is free, ARDOIZA's liability is limited to €100 (one hundred euros). For the Gift Cards Module, article 23.9 provides for a specific limit. This limitation does not apply to personal injury or where the law prohibits it.

16.4. The Customer shall indemnify ARDOIZA against any third-party claim, including from End Customers and authorities, relating to the content published by the Customer, to its business or to a breach of its obligations.

16.5. Any action by the Customer against ARDOIZA under the contract is time-barred after a period of twelve (12) months from the event giving rise to it, to the extent permitted by law, subject to article 23.9 for the Gift Cards Module.

Article 17. Confidentiality

Each party undertakes to keep confidential the non-public information of the other party of which it becomes aware in connection with the contract (commercial, technical and financial data), for the term of the contract and for three (3) years after it ends. This does not cover information that is public, that was known to the party before it was disclosed, or whose disclosure is required by law or by an authority.

Article 18. Insurance

ARDOIZA undertakes to hold, at the latest on the date of the Customer's first paid subscription, professional liability insurance covering the financial consequences of its liability in respect of the Service, and to maintain it throughout the term of the contract. A valid certificate of insurance is provided to the Customer on simple written request sent to [email protected].

Article 19. Force majeure

Neither party can be held liable for a failure to perform its obligations resulting from a case of force majeure within the meaning of Article 1218 of the Code civil (French Civil Code). Obligations are suspended for the duration of the event. If it lasts more than thirty (30) days, either party may terminate the contract without compensation, amounts paid in advance for a period not performed being refunded.

Article 20. Miscellaneous

20.1. Assignment. The Customer may not assign the contract without ARDOIZA's written consent. ARDOIZA may assign the contract to any entity that succeeds it in operating the Service, in particular the joint company envisaged between the current operators, provided that it informs the Customer; this assignment affects neither the prices nor the features of the Plan subscribed to.

20.2. Evidence. ARDOIZA's computer records (login logs, timestamps of acceptances, history of orders and bookings, history of Gift Cards, audit log) are authoritative between the parties, unless proven otherwise.

20.3. Partial invalidity. If a clause is declared void or unenforceable, the other clauses remain in effect, and the clause concerned is replaced by a valid clause of equivalent scope.

20.4. No waiver. Failure to rely on a breach does not constitute a waiver of the right to rely on it later.

20.5. Independence. The parties are independent. The contract creates no partnership, agency or relationship of subordination.

20.6. Language. The Terms of Sale are drawn up in French. In the event of translation, only the French version is authoritative.

Article 21. Governing law, amicable settlement and jurisdiction

21.1. The Terms of Sale and the contract are governed by French law.

21.2. In the event of a dispute, the parties shall endeavour to find an amicable solution. The Customer sends its complaint to [email protected]; ARDOIZA responds within fifteen (15) working days. Failing agreement within thirty (30) days of the complaint, either party may refer the matter free of charge to the Médiateur des entreprises (French Business Mediator, www.economie.gouv.fr/mediateur-des-entreprises), although this step is not mandatory. As the Customer is a professional, the consumer mediation scheme does not apply.

21.3. Failing an amicable solution, any dispute relating to the formation, interpretation, performance or termination of the contract is subject to the exclusive jurisdiction of the competent court for the place where the Provider's registered office is located, including in the case of summary proceedings, third-party claims or multiple defendants, notwithstanding any clause to the contrary, subject to the public policy rules that confer jurisdiction on specialised courts, in particular Article L442-4 of the French Commercial Code for disputes relating to restrictive competition practices.

Article 22. Online payment and booking deposit

This article has applied since the launch of the online payment feature, on 23 September 2026, announced in the customer area under the conditions of article 4.6.

22.1. Feature. Online payment by bank card for orders and the booking deposit are included in the Basic, Essential and Pro Plans, with no commission or extra charge from ARDOIZA; they are not offered in the Menu Plan. The Customer switches them on from its customer area, My website section, for a Hosted Website, or from its website's administration for the Plugins. It chooses whether online payment for an order is mandatory or left to the End Customer's choice, in which case the End Customer may pay on site at collection. Only bank card payment is offered to the End Customer.

22.2. The Customer's account with the Customer's Payment Provider. The Customer opens and holds an account with the Customer's Payment Provider, in its own name, under the contract entered into directly between them, which it accepts itself when signing up on the pages hosted by this provider. The information requested by this provider (identity of the legal representative and, where applicable, of the beneficial owners, contact details, bank details, supporting documents) is the Customer's: the Customer provides it, guarantees its accuracy and remains solely responsible for it; it alone answers this provider's identity checks, in particular the codes this provider sends to it. It bears this provider's fees according to its public price list. At the Customer's request, ARDOIZA technically creates this account linked to its platform (the Stripe Connect service, the account remaining a standard account held by the Customer) and facilitates the creation of payment pages, in the name and on behalf of the Customer; it holds no key to this account and is not a party to the payment.

Assisted linking. At the Customer's express request, an authorised member of the ARDOIZA team may prepare this link and assist the Customer while it signs up with the Customer's Payment Provider, in its presence or on the phone with it. The team member only enters, on this provider's pages, the information the Customer gives during this assistance, under the Customer's control; the Customer reads it over, accepts this provider's contract itself and alone receives the verification codes this provider sends. ARDOIZA keeps none of this information and no document, gains no access to the Customer's account with this provider and takes on none of the Customer's obligations towards it. The Customer is notified by email of each preparation and of the activation of its account. ARDOIZA keeps a record of each preparation (date, team member, reason, IP address) under the conditions of the Privacy Policy.

Funds are paid directly into the Customer's account. The Customer may withdraw ARDOIZA's access to this account at any time from the interface of the Customer's Payment Provider; online payment is then deactivated.

22.3. The Customer's liability to the End Customer. The Customer is the sole seller and is solely liable to the End Customer: performance of the order or booking, refunds, chargebacks and disputes are handled by the Customer, with the tools of the Customer's Payment Provider. ARDOIZA is not involved in any refund or dispute, except for the automatic execution described in article 22.4.

22.4. Automatic refund on the Customer's instruction. When the Customer declines or cancels an order paid online, declines or cancels a booking with a deposit, or when the End Customer cancels their booking within the period shown, ARDOIZA sends the Customer's Payment Provider, on the Customer's account, an instruction for a full refund. Likewise, ARDOIZA sends, on the Customer's account, an instruction for a full refund of any payment received twice for the same order or the same deposit. The fees retained by the Customer's Payment Provider on the initial payment are not returned by it.

22.5. Booking deposit. The Customer sets the amount of the deposit, per booking or per guest, and the bookings to which it applies (from a number of guests that it chooses, or for private hire requests); the deposit is collected at the time of booking. The refund and retention conditions are shown to the End Customer before payment: full refund if the Customer declines the request or cancels the booking, or if the End Customer cancels within the period shown, and retention by the Customer in the event of a no-show. The deposit is capped at €500 (five hundred euros) per booking and, when it is set per guest, at €50 (fifty euros) per guest. The compliance of these conditions with the applicable regulations, in particular regarding deposits and advance payments, is the Customer's responsibility; ARDOIZA provides a template text, without any legal guarantee.

Article 23. Gift Cards Module

This article has applied since the launch of the Gift Cards Module, on 1 October 2026, announced in the customer area under the conditions of article 4.6. It is binding only on a Customer who switches on the Gift Cards Module: switching it on is only possible after this article has been accepted by means of a tick box, timestamped and kept by ARDOIZA together with the version of the Terms of Sale accepted (article 3.3). A Customer who does not switch on the Gift Cards Module is bound by none of the obligations of this article.

23.1. Feature and settings. The Gift Cards Module is included in the Basic, Essential and Pro Plans, including during the free trial, with no commission or extra charge from ARDOIZA; it is not offered in the Menu Plan. The Customer switches it on and sets it up from its customer area, Gift cards section: amounts offered (fixed amounts, a free amount, or both, in whole euros, from €5 (five euros) to €500 (five hundred euros) per Gift Card), period of validity (twelve (12), eighteen (18) or twenty-four (24) months from purchase), use of the Gift Card (in a single use, the default setting, or in several uses) and optional text shown on the Gift Card, which may neither restrict the use of the Gift Card nor derogate from its terms of sale, which prevail. Before switching it on, the customer area shows the Customer a summary of its obligations, stating in particular that the fees of the Customer's Payment Provider on the initial payment are not returned in the event of a refund, that refunds are debited from its account with that provider and that a refund made by another means, when that provider refuses to refund an old payment, is recorded in the history of the Gift Card. Sales are only open if the Account has a paid Plan or its free trial and is not suspended, if the Customer's account with the Customer's Payment Provider is active and if the Customer's legal notice, consumer mediator included, has been completed in the My menu section (article 4.6), together with the venue's telephone number, which the law requires to be given to the Buyer. When sales are closed because a consumer mediator or a telephone number is missing, the customer area tells the Customer what is missing and refers it to the official list of consumer mediators; the cost of joining a mediator remains borne by the Customer. A change to the settings only applies to Gift Cards sold after it: the amount, the balance and the expiry date of a Gift Card already sold are never changed to the detriment of the Buyer or the Recipient.

23.2. Sale and delivery. The Gift Card is bought on a public page served by ARDOIZA on behalf of the Customer, at an address of the form carte.ardoiza.fr/restaurantname/cadeau, directly or from the Customer's website that links to it. Before payment, the Buyer reads the terms of sale of the Gift Card, drawn up from the Customer's settings and legal notice, and accepts them by means of a tick box; when the Gift Card is for a single use, the purchase page states so clearly, before payment, together with the fact that no change is given; by means of a second box, not ticked by default, the Buyer may expressly request that the Gift Card be usable as soon as the payment is confirmed, before the end of the withdrawal period (Article L221-25 of the French Consumer Code); without this request, the Gift Card can only be used once that period has expired. The price is paid online by bank card, directly into the Customer's account with the Customer's Payment Provider, under the conditions of article 22.2; ARDOIZA never holds the funds at any time. No Gift Card is issued before the payment has been confirmed by that provider. The Buyer receives by email a receipt that sets out these terms of sale; the code of the Gift Card is sent by email to the Recipient, whom the Buyer must name and who may be the Buyer, on the date chosen by the Buyer, no later than ninety (90) days after the purchase. The Gift Card is used at the counter of the Customer's venues, for a meal on site as well as for a takeaway order; as at the date of these Terms of Sale, it cannot be used to pay for an order paid online.

23.3. The Customer, seller and solely bound to honour the Gift Card. The Customer is the seller and the issuer of the Gift Card. It alone is bound, towards the Buyer and the Recipient, to accept it in all the venues it runs, up to its balance and until its expiry date, including after a change of Plan, a suspension, the cancellation of its subscription or the end of the contract, and whatever the availability of the Service. ARDOIZA provides the technical tool: it is neither the seller, nor the issuer, nor the guarantor of the Gift Card, is not a party to the contract entered into between the Customer and the Buyer and is not liable for its performance, subject to its own commitments under this article. Gift Cards are only accepted in the venues run by the Customer itself, that is to say by the natural or legal person that sells them; they cannot be topped up or exchanged for money, save for the refunds provided for in this article and in their terms of sale. If venues of the Account are run by another person, the Customer does not have Gift Cards accepted there: a card accepted by a person other than its issuer may constitute electronic money (Article L315-1 of the French Monetary and Financial Code), which may only be issued without authorisation under the conditions of Article L525-5 of that code, in particular a maximum loading capacity of €150 (one hundred and fifty euros) (Article D525-1), lower than the ceiling of the Gift Cards Module.

23.4. Consumer information, withdrawal and mediation. As the seller, the Customer is bound towards the Buyer by the rules that apply to distance contracts with consumers, in particular pre-contractual information (Article L221-5 of the French Consumer Code), confirmation of the contract on a durable medium (Article L221-13), the fourteen (14) day right of withdrawal, the online withdrawal function and the refund within fourteen (14) days by the same means of payment (Articles L221-18, L221-21 and L221-24), and providing the contact details of the consumer mediator it comes under (Article L616-1). To enable it to comply with them, ARDOIZA provides a template of the terms of sale of the Gift Card, completed automatically with its settings and legal notice, the receipt sent to the Buyer, an online withdrawal function available to the Buyer throughout the withdrawal period, and the handling of refunds described in article 23.6. ARDOIZA undertakes that these items, which it provides, comply with the provisions cited in this article on the date they are put into service, and to update them within thirty (30) days of the entry into force of a change to those provisions. The Customer remains responsible for the accuracy of the information it enters (legal notice, mediator, telephone, settings, optional text) and for its own practices. A new version of the template only applies to Gift Cards sold after the Customer has accepted it in the customer area; when it is required by law, sales remain closed until the Customer has accepted it. Each Gift Card remains governed by the version shown to the Buyer at purchase, whose commitments the Customer honours, in particular the refund of the unused balance when the Buyer withdraws within the period, that balance being, for a single-use Gift Card that has been used, the part of its value not consumed when it was used.

23.5. Redemption and history. The Customer redeems the Gift Card from the customer area, Gift cards section, or from the Mobile App, by entering or scanning the code, for an amount no greater than the balance; no change is given on the balance. A single-use Gift Card is closed by its first redemption: the part of its value that has not been used is neither given back nor carried over, and it is recorded in the history by a movement separate from the redemption; reversing that redemption reopens the Gift Card for its full value. Each issue, use, unused part, reversal, refund or expiry is recorded, with its date, its author and, where applicable, the venue concerned, in a history that can be neither changed nor erased; the balance of the Gift Card is the sum of these movements. The Account holder may reverse the last redemption within twenty-four (24) hours; after that, the Customer reports the error to support, which records in the history, within two (2) working days, a correcting movement visible to the Customer. The Customer may download at any time, from the Gift cards section, the list of Gift Cards still valid (last four characters of the code, balance, expiry date), which it uses if the Service is unavailable (article 23.9). The Recipient, or failing that the Buyer, is informed by email of the amount used and the remaining balance after each redemption and, if a balance remains, thirty (30) days before the expiry date. The Customer keeps confidential the codes presented to it. To prevent codes from being guessed, the Service limits the number of searches and may suspend an Account's searches for fifteen (15) minutes after a series of unknown codes, alerting the ARDOIZA team.

23.6. Refund, cancellation and dispute. The Account holder may, from the Gift cards section, refund a Gift Card: ARDOIZA then sends the Customer's Payment Provider, on the Customer's account, an order to refund the unused balance, which is the full price if the Gift Card has not been used and, for a single-use Gift Card that has been used, the part of its value not used, and the Gift Card is deactivated. When the Buyer exercises the right of withdrawal within the period by means of the online withdrawal function, ARDOIZA sends this order automatically, on the instruction that the Customer gives it by accepting this article, and informs the Customer; when the Buyer withdraws by any other means, the Customer makes the refund itself, no later than fourteen (14) days after being informed of the Buyer's decision. The Customer may refund a Gift Card after the withdrawal period, at its discretion. Refunds are debited from the Customer's account with the Customer's Payment Provider; when that provider refuses to refund an old payment, the Customer refunds by another means and records it in the history. It may also cancel, with no movement of money, a Gift Card issued by mistake or through fraud, stating the reason. A payment dispute opened with the Customer's Payment Provider is reported to the Customer and blocks the Gift Card until it is resolved. The fees retained by the Customer's Payment Provider on the initial payment are not returned by it.

23.7. Fees, tax and accounting. ARDOIZA takes no commission on Gift Cards, and no change to the Terms of Sale or to the prices may introduce any fee or commission on the redemption, refund or export of Gift Cards already sold. The fees of the Customer's Payment Provider are borne by the Customer, according to that provider's price list. The Customer alone determines the tax and accounting treatment of its sales. For information only, and without this constituting tax advice: when the VAT rate of the services that will be provided in exchange for the Gift Card is not known when it is sold, the Gift Card is a multi-purpose voucher within the meaning of Article 256 ter of the French General Tax Code (or of the provision that restates it in the French Code of Taxes on Goods and Services); VAT is then due not on the sale, but on each use, at the rate applicable to the goods and services supplied, and no VAT is due on the unused balance of an expired Gift Card. ARDOIZA makes no return on the Customer's behalf and issues no invoice in its name; it makes available to the Customer, in the Gift cards section, the export of sales, uses, unused parts of single-use Gift Cards, refunds and expiries, and the amount of Gift Cards outstanding. The Customer keeps its accounting records for ten (10) years (Article L123-22 of the French Commercial Code).

23.8. End of the subscription, end of the contract and transfer. When the Account reverts to the Menu Plan (cancellation, end of the free trial, non-payment, change of Plan), the sale of new Gift Cards stops; Gift Cards already sold can still be viewed, redeemed, refunded and exported from the customer area, free of charge, for as long as the Account exists. When the Account is to be closed or deleted, at the Customer's request or on ARDOIZA's initiative (articles 6.2 to 6.4), while a Gift Card that has been sold still has a balance and has not reached its expiry date, ARDOIZA maintains free of charge the Customer's access limited to the Gift cards section (viewing, redemption, refund, export) until the latest of the expiry dates of those Gift Cards; the thirty (30) day export period of article 13.3 runs, for Gift Card data, from the end of this access. This access is only refused in the event of a written waiver by the Customer or of established fraud or a serious breach by the Customer concerning the Gift Cards Module, that is to say a breach of this article not remedied fifteen (15) days after a reasoned formal notice sent by email; ARDOIZA then hands over to the Customer, by a secure means and at closure, an export that allows it to identify and honour each Gift Card still valid, codes included, and the Customer is solely responsible for keeping these codes safe and confidential. If the Service is discontinued (article 6.3), ARDOIZA stops the sale of new Gift Cards as soon as the discontinuation is notified and maintains the redemption, refund and export of Gift Cards already sold for at least six (6) months after the date of discontinuation, or until the latest of their expiry dates if that is earlier, and endeavours to maintain them until that date when it is later; it hands over to the Customer the full export, codes included, no later than thirty (30) days before the end of this access. In the event of a transfer of ARDOIZA's business or of insolvency proceedings opened against it, the history of Gift Cards is passed on to the successor or to the appointed administrator, so that the commitments of this article are honoured. In the event of the transfer of its business, the Customer may request, by a written request signed with the transferee, the transfer of the Account and of the outstanding Gift Cards to the transferee who accepts the Terms of Sale; failing that, this article continues to apply to the Customer. In all cases, the Customer, or the transferee who has taken over the Gift Cards, remains bound to honour them (article 23.3).

23.9. Availability, liability and indemnities. ARDOIZA keeps the history of Gift Cards under the conditions of article 8.1, including the daily encrypted backup, and allows it to be exported at any time. Unavailability of the Service does not release the Customer from honouring Gift Cards: it may postpone their redemption until the Service is restored or accept them on the basis of the list provided for in article 23.5; the loss suffered by the Customer as a result of an earlier use that was not recorded because of ARDOIZA is direct damage compensated under the conditions of this article. Direct damage caused to the Customer by a malfunction of the Gift Cards Module attributable to ARDOIZA, in particular a Gift Card issued without confirmed payment, a confirmed payment without a Gift Card issued, a redemption recorded twice or the disclosure of codes resulting from a failure of ARDOIZA's security, is compensated up to the higher of the following two amounts: the amount paid by the Customer for the subscription during the twelve (12) months preceding the event giving rise to the claim, or €500 (five hundred euros); for such damage, this limit replaces that of article 16.3. ARDOIZA provides the Customer, on written request and within fifteen (15) days, with the history and logs relating to a disputed Gift Card. By way of exception to article 16.5, the Customer's action against ARDOIZA in respect of the Gift Cards Module is time-barred after twenty-four (24) months from the day on which it knew or should have known of the damage. The Customer shall indemnify ARDOIZA against claims by a Buyer, a Recipient or an authority relating to the Gift Cards it sells, unless they result from a breach by ARDOIZA of its own obligations; ARDOIZA shall indemnify the Customer against claims resulting from a lack of conformity of the template, the receipt, the withdrawal function or the handling of refunds that it provides (article 23.4), or from a malfunction of the Gift Cards Module attributable to it. Each of these indemnities covers only direct damage and justified defence costs, within the limit provided for in this article for ARDOIZA, and requires the indemnified party to inform the other of the claim without delay, to leave the conduct of the defence to it and not to settle without its agreement; for Gift Cards, it replaces article 16.4.

23.10. Personal data. For the data of Buyers and Recipients (identity, email address, message, history of the Gift Card), the Customer is the controller and ARDOIZA acts as a processor, under the conditions of article 14.2 and of the Data Processing Agreement, which sets out the retention periods. No email address collected when a Gift Card is sold is added by the Service to the Customer's End Customer database or used for marketing purposes; the Customer only uses it for such purposes with the consent of the person concerned (article 14.3).

Article 24. Reviews Module

This article has applied since the launch of the Reviews Module, announced in the customer area under the conditions of article 4.6. It is binding only on a Customer who switches on the Reviews Module, which it does itself from its customer area, Reviews section: switching it on constitutes acceptance of this article, accepted with the Terms of Sale (article 3.3), and ARDOIZA keeps the date of the first activation. The Reviews Module stays off until the Customer switches it on.

24.1. Function. The Reviews Module is included in the Basic, Essential and Pro Plans, including during the free trial, at no extra charge; it is not offered in the Menu Plan. When it is on, ARDOIZA sends on behalf of the Customer, after each confirmed booking request received through the Menu Page, once the meal time has passed, a single email to the End Customer who sent it, at the time chosen by the Customer among those offered, never between nine (9) pm and nine (9) am, Paris time. The End Customer may give a rating from one (1) to five (5) and an optional comment (the “Feedback”), sent to the Customer only.

24.2. No publication. ARDOIZA publishes no Feedback, no rating and no average, neither on the Menu Page, nor on the Hosted Website, nor anywhere else. The Customer shall not publish or present to the public any Feedback, rating or average coming from the Reviews Module as consumer reviews; if it does, it alone is responsible for it, in particular under Articles L111-7-2 and L121-1 and following of the French Consumer Code.

24.3. Reviews on Google. When the Customer enters the address of its Google listing, the email and the thank-you page invite all its End Customers, in the same way and whatever their rating, to leave a review on Google, and the Menu Page shows a “See our reviews on Google” link. The Customer shall not request reviews selectively, offer any benefit in return for a review, its change or its removal, or put pressure on its End Customers about their review, including in its replies to Feedback. ARDOIZA does not collect, moderate or publish any Google review.

24.4. Personal data. The Customer is the controller of the data processed by the Reviews Module; ARDOIZA processes it on its behalf, as a processor, under the conditions of article 14.2 and of the Data Processing Agreement. The email informs the End Customer of the processing and contains a link to object to it; the Menu Page booking request form offers to refuse this email when the address is collected. ARDOIZA never sends more than one Reviews Module email to the same End Customer for the same Customer within thirty (30) days, and none to an End Customer who has objected. The Customer may reply once to a Feedback, by email, from its customer area; it shall not include any commercial offer in it.

24.5. Retention. The link in the email is valid for thirty (30) days. Without Feedback, the End Customer's name and email address are erased when it expires. The email address of an End Customer who gave Feedback is erased ninety (90) days after the Feedback; the Feedback and the End Customer's name are erased thirteen (13) months after the invitation was sent. The list of objections, kept as a fingerprint computed with a secret key, with no address in clear text, is kept for as long as the Account exists. The Customer may erase a Feedback at any time and export it.

24.6. End of the Module. The Customer may switch off the Reviews Module at any time; no email is sent afterwards. At the end of the contract, the Reviews Module data is deleted under the conditions of article 13 and of the Data Processing Agreement.

Annexes forming an integral part of the Terms of Sale

• Data Processing Agreement (DPA) and its annex on security measures.
• Privacy Policy.
• Description of the Plans published on ardoiza.fr and in the customer area.
• Technical requirements of the WordPress plugins published in the documentation.