Terms and Conditions of Sale and Use

Article 1 – Definitions

• Publisher: Agence Pistache, a Société par Actions Simplifiée with share capital of 70,000 euros, registered with the Marseille Trade and Companies Register under number 948 941 810, with its registered office at 7 rue Gaston de Flotte, 13012 Marseille, represented by Nassim MARESNI in his capacity as director.
• Service or Grattin: the SaaS platform accessible through a mobile and web application that provides automated management of social media presence for restaurants and franchise networks, including content creation, automatic scheduling of posts, and review management.
• Client or Subscriber: any food service professional (individual or legal entity) subscribing to one of the plans offered by Grattin.
• Generated Content: all visuals (photos, videos), text, and posts created automatically by Grattin on behalf of the Client.
• Client Account: the secure personal area accessible through the Grattin application that allows subscription management and access to statistics.
• Personal Data: any information relating to an identified or identifiable natural person within the meaning of the General Data Protection Regulation (GDPR).

Article 2 – Scope

These General Terms and Conditions of Sale and Use (hereinafter the "Terms") exclusively govern the contractual relationship between the Publisher and the Client in connection with the subscription to and use of the Grattin Service.

Any order implies unreserved acceptance of these Terms, which prevail over any other document issued by the Client, in particular the Client's general purchasing conditions.

The Publisher reserves the right to modify these Terms at any time. The applicable Terms are those in force on the date of the order. In the event of a substantial change, the Client will be notified by email 30 days before the new terms take effect.

Article 3 – Description of the Service

3.1 Features by subscription plan

The Grattin Service includes the following features, which vary by plan. Volume discounts apply to franchise networks (see article 5.3):

3.2 Monthly add-ons and photo shoots

Monthly add-ons — Available with any plan and cancellable independently of the main plan:

• Restaurant website: +99 € excl. tax/mo. Site live within 7 days, hosting included. One-time setup fee of 490 € excl. tax, waived with any 12-month commitment or annual payment.
• Guarantee of 5 inbound calls per week: +149 € excl. tax/mo. We guarantee 5 tracked inbound calls per week. If the target is not met over a full calendar week, the following month is free (automatic credit). See article 5.4 for exclusions.
• Food influencer platform: +100 € excl. tax/mo. Access to a network of 3,000+ food creators. Subject to geographic eligibility: Paris, Marseille, Lyon, Bordeaux, Toulouse, Lille, Nice, and the Var.

If an add-on is cancelled, the current month is billed pro rata. No notice period is required for add-ons (immediate effect on month-to-month plans, at the end of the term on 12-month plans).

Professional photo shoots (one-time) — Reserved for active Grattin subscribers and ordered separately through your account manager:

• Photo shoot: 497 € excl. tax (one-time payment). Professional on-site shoot, retouching and HD delivery, social media usage rights included, delivered within 15 days.
• Photo + video shoot: 897 € excl. tax (one-time payment). Professional on-site shoot, one 30-60 second short-form video, photo retouching and video editing, social media usage rights included, delivered within 15 days.

Coverage area: PACA region (departments 13, 83, 84, 06) with no travel fees. Other regions: travel fees apply (quote on request). Shoots are billed at the time of order through a Stripe payment link generated by your account manager and are non-refundable once the session is scheduled.

3.3 Features included in every plan

• Visual enhancement and optimization by Grattin
• Automated import of photos from the Client's Google Business Profile
• Ability for the Client to upload their own photos through the application
• Automatic scheduling at optimal times determined algorithmically
• Automated replies to Google reviews optimized for local search (SEO)

3.4 Technologies used

The Service uses the following technologies:

• ChatGPT for text generation and semantic analysis
• Wavespeed for image generation and enhancement

The Publisher reserves the right to change the technologies used in order to improve the quality of the Service, without this altering its contractual commitments.

3.5 Limits of the Service

The Service does not include:

• Creating social media accounts (the Client must already have active accounts)
• Managing private messages and comments (other than Google reviews)
• Creating real-time content for special events (unless specifically requested)
• Crisis management in the event of a viral negative review (except for manual intervention by the account manager, where included in the plan)

Article 4 – Subscription and access to the Service

4.1 Subscription requirements

To subscribe to the Service, the Client must:

• Be a food service professional established in France
• Have active Instagram and Facebook accounts
• Have an active Google Business Profile
• Provide the administrator access required for the accounts concerned
• Be of legal age and have the legal capacity to enter into a contract
• Expressly accept these Terms

4.2 Registration process

Registration is completed online through the grattin.app website or the Grattin mobile application, following these steps:

The Client warrants the accuracy and truthfulness of the information provided at registration. Any false declaration may result in suspension or termination of the Service without notice or refund.

4.3 Activation of the Service

After payment is confirmed, the Client receives:

• A confirmation email with login credentials
• A kickoff call with the dedicated account manager (30 minutes) within 7 days (Growth and Premium plans)
• Access to their Client Account for initial configuration

The Service is activated within a maximum of 7 business days after the kickoff call. The first content is published within 7 days following full activation.

Article 5 – Plans and pricing

5.1 Available plans

Savings with an annual commitment (single payment vs. 12 monthly payments):

• Essential: 2 months free, i.e. 198 €/yr saved
• Growth: 2 months free, i.e. 458 €/yr saved
• Premium: 2 months free, i.e. 798 €/yr saved

Annualized add-ons (with the same -17% discount applied to annual payment):

• Website: 99 € excl. tax/mo or 990 € excl. tax/yr (2 months free)
• Guarantee of 5 calls per week: 149 € excl. tax/mo or 1,490 € excl. tax/yr (2 months free)
• Influencer platform: 100 € excl. tax/mo or 1,000 € excl. tax/yr (2 months free)

Billing: monthly by automatic bank card payment, or annually in a single payment depending on the plan chosen. The features included in each plan are described in article 3.1.

5.2 Payment terms

Payment method: Payment is made exclusively by bank card through the secure Stripe platform. The Publisher does not store any bank details.

Billing:

• Monthly plans: first monthly payment at subscription, then automatic payment on the same day each month
• Annual plan: payment in full at subscription, then on each renewal anniversary date
• Invoice: issued automatically and available in the Client Account

Payment default: If a payment is declined, the Client has 8 days to bring their account up to date. After that period:

• Immediate suspension of the Service
• Late payment penalties of three times the statutory interest rate
• Fixed recovery fee of 40 €
• Possible automatic termination by the Publisher

5.3 Price revisions

The Publisher reserves the right to change its prices at any time. However:

• For 12-month or annual plans: the price is guaranteed for the entire initial term of the contract
• For month-to-month plans: any price increase will be notified to the Client 60 days before it applies, with the option to cancel free of charge during that period

5.3 Franchise network pricing

Volume discounts apply to the Premium plan for restaurant franchise networks:

The franchise contract is entered into with the head office. The head office is free to rebill the service to its franchisees at any price it chooses (e.g. 299 €/mo), keeping the difference as margin.

Commitment: 12 months. Available add-ons: Influencers (+100 € excl. tax/mo), Qualified follower growth (+100 € excl. tax/mo).

5.5 July 2026 Offer (temporary promotion)

For any subscription to the Grattin Service with a 12-month commitment whose first payment is collected between July 20, 2026 (00:00 CEST) and July 31, 2026 (23:59 CEST), the plan price is locked at the following amounts:

• Essential July 2026: 79 € excl. tax/mo (instead of 99 € excl. tax/mo — saving 240 €/yr)
• Growth July 2026: 199 € excl. tax/mo (instead of 229 € excl. tax/mo — saving 360 €/yr)
• Premium July 2026: 299 € excl. tax/mo (instead of 399 € excl. tax/mo — saving 1,200 €/yr)

Conditions and duration of the price lock:

• A 12-month commitment is required (the offer does not apply to month-to-month or annual plans).
• First payment collected (credited) before July 31, 2026 at 23:59 CEST.
• The price is locked for life as long as the contract is renewed without interruption at the end of each 12-month period. Any termination or suspension of the contract for more than 30 days forfeits the benefit of the offer: renewal then takes place at the V2 price in force on that date.
• The offer cannot be combined with other promotions (referrals, discount codes) unless otherwise stated in writing.
• Add-ons (Website, Guarantee, Influencer platform) and photo shoots remain at the standard prices listed in article 5.1.
• The Publisher reserves the right to end the offer before July 31, 2026 without notice, without affecting subscriptions already in place.

Article 6 – Term and termination

6.1 Term of the contract

Plan with a 12-month commitment (monthly or annual):

• Initial term: 12 months from activation of the Service
• Renewal: automatic for successive 12-month periods
• Termination: possible on each anniversary date with 30 days notice by email to contact@grattin.app
• Annual payment: the amount is due in a single payment at subscription and on each renewal

Month-to-month plan:

• Termination possible at any time with 30 days notice
• Notification: by email to contact@grattin.app

6.2 Termination by the Client

Process: The Client may cancel their subscription by sending an email to contact@grattin.app.

Effects of termination:

• 30 days notice: the Service continues during that period and a final monthly payment is due
• Content scheduled during the notice period will be published as normal
• At the end of the notice period: the Service is deactivated immediately and access is removed
• No pro rata refund of monthly payments already invoiced

Early termination (12-month commitment): If the contract is terminated before the end of the 12-month term, the Client must pay compensation equal to 50% of the monthly payments remaining until the initial end date, except in a duly documented case of force majeure.

6.3 Termination by the Publisher

The Publisher may terminate the contract automatically, with immediate effect and without compensation, in the following cases:

• Payment default not remedied within 8 days
• Serious breach by the Client of its contractual obligations
• Fraudulent or abusive use of the Service
• Abusive or insulting behavior toward the Publisher's teams
• False declaration at registration
• Permanent closure of the Client's business

Termination will be notified by email with acknowledgment of receipt. The Client remains liable for amounts due up to the effective termination date.

6.4 Consequences of termination

Regardless of which party initiates termination:

• Access to the Client Account is removed within 48 hours
• The Client's data is deleted within 30 days (in accordance with the GDPR)
• Content already published on social media remains online (owned by the Client)
• The Publisher has no obligation to return content

Article 7 – Client obligations

7.1 Providing access

The Client undertakes to provide the Publisher with:

• Administrator usernames and passwords for their Instagram and Facebook accounts
• Administrator access to their Google Business Profile
• Any information necessary for the proper performance of the Service

The Client acknowledges that without this access, the Publisher cannot perform the Service.

7.2 Security of access

The Client undertakes to:

• Keep their Client Account credentials confidential
• Immediately inform the Publisher of any unauthorized use
• Not share their access with third parties
• Keep their social media accounts active for the entire term of the contract

The Client is solely responsible for the security of their accounts. The Publisher cannot be held liable in the event of hacking, identity theft, or fraudulent use.

7.3 Content approval

The Client acknowledges and accepts that:

• They can choose between several visual and text options for each post (depending on the plan subscribed to)
• They can manually edit the proposed captions before publication
• If they do not expressly approve content within the allotted time, the system will automatically publish the first option in order to maintain continuity of the Service
• They are solely responsible for published content, including automatically generated content, once they have had the opportunity to approve or edit it

7.4 Accuracy of information

The Client warrants:

• The accuracy and truthfulness of the information provided (opening hours, menus, prices, etc.)
• That their business complies with applicable regulations (licenses, hygiene, allergens, etc.)
• Compliance with legislation on price and allergen disclosure

Allergens and nutritional information: Managing and displaying allergens in content is the sole responsibility of the Client. The Publisher cannot be held liable for any omission or error on this point.

7.5 Compliance with the law

The Client shall not:

• Use the Service for unlawful purposes or purposes contrary to public decency
• Publish defamatory, insulting, or discriminatory content, or content that infringes the rights of third parties
• Impersonate a third party or mislead others as to the origin of the content
• Use the Service for misleading advertising

The Client shall indemnify the Publisher against any claim, action, or judgment resulting from a failure to comply with these obligations.

Article 8 – Intellectual property and usage rights

8.1 Ownership of the Service

The Grattin Service, including in particular the application, the algorithms, the source code, the databases, the visual identity, the logos, and all components thereof, is the exclusive property of the Publisher and is protected by copyright, patent law, trademark law, and database law.

The Client is granted only a personal, non-exclusive, non-assignable, and non-transferable right to use the Service for the purposes of their professional activity.

8.2 Ownership of Generated Content

Principle: The Client retains all intellectual property rights in the Generated Content created specifically for their business by the Service.

License granted to the Publisher: The Client grants the Publisher a non-exclusive, royalty-free, worldwide license to:

• Store, reproduce, and publish the Generated Content on the Client's accounts
• Use this content to improve Grattin's AI algorithms
• Show examples of work for commercial purposes

This license ends upon termination of the contract, except for content used to improve the AI.

8.3 Content provided by the Client

The Client warrants that they own all intellectual property rights in the photos, videos, and other content they send to the Publisher, or that they hold the necessary authorizations to exploit them.

The Client expressly authorizes the Publisher to:

• Reproduce, adapt, modify, and enhance this content using AI tools
• Publish it on the Client's social media accounts
• Store it in the databases of the Service

8.4 Use of photos from the Google Business Profile

8.4.1 Mandate to use: The Client expressly mandates the Publisher to collect, use, analyze, adapt, and republish any visual content published on their Google Business Profile or on any other public platform relating directly to their business.

8.4.2 Client responsibility: The Client acknowledges that they are responsible for content published by third parties on their Google Business Profile and indemnifies the Publisher against any claim relating to the use of such content.

8.4.3 Authors’ right to object (opt-out): If the author of a piece of content does not wish it to be used, they may exercise their right to object by contacting contact@grattin.app. The content will be removed without delay.

8.4.4 Takedown procedure: Anyone who believes that content being used infringes their rights may send a reasoned takedown request to contact@grattin.app. The Publisher undertakes to remove the disputed content within 48 business hours.

8.5 Trademarks and logos

The trademarks, logos, signs, and names appearing on the Service are and remain the exclusive property of their respective owners. Any reproduction, imitation, or use, in whole or in part, is prohibited without prior authorization.

Article 9 – Personal data and GDPR

9.1 Data controller

The Publisher, Agence Pistache, is the controller of the Personal Data collected in connection with the Service.

DPO contact: Nassim MARESNI – contact@grattin.app – 04 12 29 00 55 – 7 rue Gaston de Flotte, 13012 Marseille

9.2 Data collected

• Identification data: last name, first name, company name, SIRET, address, phone, email
• Login data: usernames, passwords (hashed), login logs, IP addresses
• Payment data: handled exclusively by Stripe (the Publisher does not store complete bank details)
• Usage data: performance statistics, generated content, interactions with the Service
• Social media data: access to Instagram, Facebook, and Google Business Profile accounts (through API tokens)

9.3 Purposes of processing

• Subscription management and billing
• Providing and improving the Service
• Customer support and account management
• Generating personalized content through AI
• Sending communications about the Service
• Meeting legal and tax obligations
• Fraud prevention

9.4 Legal basis

• Performance of the contract (providing the Service)
• Legitimate interest of the Publisher (improving the Service, security)
• Legal obligation (invoicing, retention of accounting records)
• Consent of the Client (marketing communications)

9.5 Data recipients

• Authorized staff of the Publisher (support, development, administration)
• Technical subcontractors: Stripe (payments), O2switch and DigitalOcean (hosting)
• AI providers: OpenAI (ChatGPT), Wavespeed (image generation)
• Legally authorized authorities upon request

Some AI providers may be located outside the European Union (notably OpenAI – United States). These transfers are governed by standard contractual clauses approved by the European Commission.

9.6 Retention periods

• Active customer data: for the entire term of the contract + 3 years after termination
• Billing data: 10 years (accounting and tax obligation)
• Login data/logs: 12 months (security)
• Generated content: deleted within 30 days after termination, except anonymized content retained to improve the AI

9.7 Rights of data subjects

In accordance with the GDPR, the Client has the following rights:

• Right of access, rectification, and erasure
• Right to restriction of processing and right to object
• Right to data portability
• Right to withdraw consent

Exercising these rights: by email to contact@grattin.app with proof of identity. Response time: 1 month maximum. In the event of a disagreement, the Client may file a complaint with the CNIL, the French data protection authority (www.cnil.fr).

9.8 Data security

The Publisher implements appropriate technical and organizational measures to keep data secure: SSL/TLS encryption, secure hosting, restricted and monitored access, regular backups, and a strong password policy. That said, since no method of electronic transmission or storage is completely secure, the Publisher cannot guarantee absolute security.

Article 10 – Liability and warranties

10.1 Publisher commitments

Best-efforts obligation: The Publisher undertakes to use all necessary means to provide a quality Service in line with the description in article 3, according to the plan subscribed to.

Service availability: The Publisher endeavors to maintain Service availability of 99% on a monthly basis, excluding scheduled maintenance (notified 48 hours in advance) and cases of force majeure.

10.2 Limitations of liability

Cap: The total liability of the Publisher is limited to the amounts actually paid by the Client during the 12 months preceding the triggering event.

Exclusions: The Publisher cannot be held liable for:

• AI-generated content, once the Client has had the opportunity to approve or edit it
• Outages, malfunctions, or changes to the APIs of Meta, Google, or other third-party platforms
• Hacking of the Client's accounts
• Any absence of increase in revenue or foot traffic
• Indirect damages: loss of revenue, loss of customers, loss of data, loss of opportunity, or reputational harm

10.3 Force majeure

The Publisher cannot be held liable for failure to perform its obligations in the event of force majeure (natural disasters, widespread internet outages, government action, strikes, large-scale cyberattacks, major failures of infrastructure providers). If the force majeure event continues beyond 60 days, either party may terminate the contract without compensation.

10.4 Client warranties

The Client indemnifies the Publisher against any claim arising from content approved or published without objection, from the infringement of third-party rights, from non-compliance with applicable regulations, or from false declarations. The Client undertakes to compensate the Publisher for all damages, costs, and expenses resulting from such claims.

Article 11 – Availability and maintenance

Availability: Target availability rate of 99% calculated monthly.

Scheduled maintenance: the Client is notified by email at least 48 hours in advance, and maintenance is preferably carried out during off-peak hours (2 a.m.–6 a.m.).

Emergency maintenance: immediate intervention is possible without notice in the event of a security vulnerability or critical bug.

Evolution of the Service: The Publisher reserves the right to develop the Service without this constituting a substantial change to the contract, provided that the price is not increased and essential features are not reduced. In the event of a major change, the Client will be informed 30 days in advance and may cancel free of charge.

Article 12 – Affiliate and referral program

Client referral program: Any Client may refer a new restaurant. The referred business must be a new client and must mention the referral code at registration. Commercial terms are provided by the Publisher and may change at any time.

Professional affiliate program: The Publisher may offer a program reserved for professional business introducers, defined in a separate agreement.

Referrers and affiliates shall not present themselves as representatives of the Publisher, engage in misleading advertising, or use the trademarks without authorization. Any breach results in immediate exclusion from the program.

Information: contact@grattin.app

Article 13 – Assistance and support

13.1 Support included

• Dedicated account manager (Growth and Premium plans)
• Email support: contact@grattin.app – response time: 24 business hours maximum
• Phone support by appointment
• 30-minute kickoff call (Growth and Premium plans)
• Training on how to use the interface

13.2 Support hours

Monday to Friday: 9 a.m.–6 p.m. (excluding public holidays). Emergency support 7 days a week for critical issues.

13.3 Exclusions

• Problems resulting from misuse of the Service
• Support for third-party tools unless directly related to the Service
• Creation of custom content outside the automated scope
• Additional training not provided for in the contract

Article 14 – Confidentiality

Each party undertakes to keep strictly confidential all confidential information of the other party that it becomes aware of in the course of performing the contract.

Exceptions: information that is already public, that has become public without fault of the receiving party, that was already known, that is lawfully communicated by a third party, or that must be disclosed under a legal obligation.

The confidentiality obligation remains in force for the entire term of the contract and for 2 years after it ends.

Article 15 – Communication and references

Commercial reference: Unless the Client expressly objects, the Publisher is authorized to name the Client as a commercial reference, show examples of content created, and use the restaurant's logo and image in its marketing materials. The Client may object to this use at any time by simple email (removal within 15 days).

Client communication: The Client is authorized to state that they use the Grattin Service, provided that they do not imply an exclusive partnership that has not been contracted, do not use the trademarks without authorization, and do not engage in comparative advertising.

Article 16 – Assignment of the contract

Assignment by the Client: The Client may not assign the contract without the prior written consent of the Publisher. An exception applies in the event of a sale of the business or a merger or acquisition, provided that the acquirer accepts these Terms and that the Publisher is informed 30 days in advance.

Assignment by the Publisher: The Publisher may freely assign the contract as part of a restructuring. The Client will be informed and may terminate within 30 days without penalty.

Article 17 – Changes to the Terms

Non-substantial changes: Minor changes take effect as soon as they are published on grattin.app. The Client is deemed to accept them by continuing to use the Service.

Substantial changes: Notified by email 30 days before they take effect. The Client has 30 days to refuse by terminating free of charge and without penalty.

Article 18 – Dispute resolution

Governing law: The contract is governed by French law.

Mandatory prior mediation: In the event of a dispute, the parties undertake to seek an amicable solution within 30 days before taking any legal action.

Consumer mediation: SAS Médiation Solution – Ms. Eliane SIMON, Mediator – 222 chemin de la bergerie, 01800 Saint-Jean-de-Niost, France – Phone: 04 82 53 93 06 – Email: contact@sasmediationsolution-conso.fr – Website: www.sasmediationsolution-conso.fr

European platform: https://ec.europa.eu/consumers/odr/

Jurisdiction: Failing an amicable resolution within 90 days, any dispute shall fall under the exclusive jurisdiction of the courts of Marseille, France.

Article 19 – General provisions

Severability: If any provision is held to be invalid, the others remain in full force.

No waiver: The fact that one party does not invoke a breach shall not be interpreted as a waiver.

Entire agreement: These Terms constitute the entire agreement between the parties and supersede all prior agreements.

Language: These Terms are written in French. In the event of translation, only the French version is legally binding.

Notices: By email to contact@grattin.app for the Publisher, and to the email address provided at registration for the Client.

Article 20 – Acceptance of the Terms

Acceptance of these Terms is evidenced by ticking the checkbox during online subscription, by validating payment of the first monthly installment, and by actual use of the Service. This acceptance constitutes an electronic signature.

The Publisher keeps electronic proof of acceptance and may produce it in the event of a dispute.

The Terms are available at any time on grattin.app, in the Grattin application, and on simple request by email to contact@grattin.app.

Article 21 – Legal information

Appendix – Summary of warranties and commitments

Service warranties (Article 10)

Best-efforts commitment according to the plan subscribed to:

• 2 to 3 posts per week (Instagram + Facebook) depending on the plan
• 3 to 5 visual options per post (AI selection) depending on the plan
• Unlimited automatic replies to Google reviews
• Automatic monthly statistics report
• Dedicated account manager (Growth and Premium plans)
• Personalized monthly strategy (Premium plan)
• Responsive support (24 business hours)
• Target availability rate: 99%

What Grattin does NOT guarantee

• Commercial results (revenue, foot traffic, number of bookings)
• Post performance (likes, shares, comments)
• Continuity of the Service in the event of an outage or change to the Meta or Google APIs
• Security of the Client's accounts (the Client's responsibility)
• The content of posts approved or not objected to by the Client