Terms of Use of BIZNESSMATCH

Version of April 6, 2025

Preamble

BIZNESSMATCH FRANCE (hereinafter the "Company") is a simplified joint-stock company (SAS), with a share capital of 100,000 euros, registered with the Trade and Companies Registry of Grenoble under number 933 188 617, with intra-community VAT number FR72933188617, with its registered office at 3 bis Rue de l'Isere, Saint-Egreve (38120), represented by its President, the company HOLDING PONTIF GROUPE, a simplified joint-stock company registered with the Trade and Companies Registry of Grenoble under number 914 341 680, with its registered office at 380 Avenue Abel Rossignol, Saint-Jean-de-Moirans (38430), itself represented by its President, Mr. Dimitri PONTIF.

The Company develops, publishes and operates the "BIZNESSMATCH" platform (hereinafter the "Platform"), which offers a networking service between professionals wishing in particular to entrust the completion of a mission to other professionals, offer services, foster their business exchanges, establish partnerships or gain visibility on the web.

Within the scope of the Services, it is specified that the Company acts as an intermediary between Users. Indeed, the Company does not sell or offer for sale the products and services of Users, which are offered for sale by the Users themselves in accordance with their own general terms of sale and services. The Company is therefore not a party to contracts that may be concluded between them or with third parties for whom the User acts as agent.

These Terms of Use (hereinafter the "TOU") specify the rules applicable to access and use of the Platform and are intended to apply to any person browsing the Platform (hereinafter the "Users").

By using the Platform, the User acknowledges having read these TOU, accepts them without reservation, and undertakes to comply with them.

1. Definitions

In these TOU, the terms and expressions identified by a capital letter have the meaning indicated below, whether used in the singular or plural.

« Premium Subscription »: means the paid subscription, monthly or annual, allowing the User to benefit from additional features on the Platform such as unlimited access to blurred results and views, the possibility of targeted publication as well as unlocking discussions and future interactions with other Users. The Premium Subscription is subject to the Platform's General Terms of Sale and Subscription.
« BizCoins »: means the tokens allowing a User to unlock additional paid features on the Platform, either on a one-time basis through the purchase of a BizCoins Pack, or on a regular basis through subscribing to a Premium Subscription. The purchase of a BizCoins Pack or subscribing to a Premium Subscription is subject to the Platform's General Terms of Sale and Subscription.
« Client »: means any natural or legal person who warrants having the status of professional as defined by French law and jurisprudence and who holds a User Account.
« User Account »: means an individual account of a User allowing them, after identification, to access the Services on the Platform, as well as the data associated with them. It also provides access to a personal space made available to the User on the Platform to manage their Personal Data, configure and access subscribed Services. Upon opening their Account, the Company provides the User, free of charge and on a trial basis, with forty (40) BizCoins.
« General Terms of Sale and Subscription »: means the contractual conditions governing the provision of the Platform's Services by the Company to Clients.
« Terms of Use or TOU »: means these contractual conditions made available on the Platform, governing the use thereof and which every User must accept when browsing or registering on the Platform, whether they are a Client or a simple internet user.
« User Data »: means all data entered, recorded, added, shared, communicated by the User in the course of using the Platform, such as quotes, photographs, comments, personal data, without the foregoing list being exhaustive.
« Credentials »: means the User's identifier and the password chosen by them when creating their User Account (or modified during their use of the Platform).
« Platform »: means the networking Platform between professionals, developed, published and operated by the Company and made available to the User via the internet, on the Site. The Platform brings together all web pages, Services and features offered to Users.
« Privacy Policy »: means the Company's personal data processing policy.
« Services »: means all the features accessible via the Platform offered by the Company to Users.
« Site »: means the website published by the Company and accessible at the URL: https://biznessmatch.com, or any other URL that BIZNESSMATCH may substitute, on which the Platform is made available.
« User »: means any person who accesses or browses the Platform, whether they are a Client or a simple internet user.

2. Purpose and Scope of Application

These TOU, which govern all relations between the Company and any User, specify the rules applicable to access and use of the Platform, and in particular the Services offered therein.

Reading and unconditional acceptance of the TOU are mandatory and condition access to and use of the Platform. The User can review the TOU by clicking on the TOU tab located at the bottom of each page of the Platform.

Failure to accept the TOU will result in the User being unable to access the Platform and use it.

The Company allows the User to download and print these TOU and encourages them to keep a copy. In any event, these TOU are available at all times on each page of the Platform.

3. Modifications to the TOU

The User understands and acknowledges that the Company has the right, at any time and without notice, to modify all or part of these TOU, to incorporate modifications required by law or any other applicable regulation, or any event considered sufficiently appropriate by the Company to warrant such modifications.

Access to and use of the Platform shall be subject to the TOU in force at the time of such access and use. The User is therefore invited to regularly consult the TOU for this purpose.

Any new version of the TOU will not apply retroactively and will supersede the previous TOU.

Therefore, if the User does not approve of the modified TOU, their only option is to no longer access or use the Platform.

4. Specific Conditions and Prerequisites for Accessing the Platform

The Platform is accessible to any User with the legal capacity to subscribe to these TOU.

To access the Platform, the User must ensure they have the technical and telecommunications means, in particular high-speed internet access. Said means are the sole responsibility of the User, as are the costs incurred by their use. The User is solely responsible for the proper functioning and appropriate security of their computer equipment and internet access. To this end, the User acknowledges having verified that the computer configuration they use does not contain any virus and is in perfect working order.

The Company shall not be held responsible for damage to any equipment in connection with the use of the Platform.

Finally, the User must ensure that the computing and transmission means at their disposal evolve so that they can adapt to changes in the Platform.

The User is invited to contact customer service at the following email address: contact@biznessmatch.com, for more information on these prerequisites.

5. Services

5.1. Description of Services

The Platform aims in particular to allow Users to:

create a personalized Profile;
view other Users' Profiles;
offer services related to their activities;
submit mission proposals;
submit quote requests or respond to them;
track their interactions and requests;
submit appointment requests;
submit recommendations or post-mission reviews;
prospect and auto-suggest their Profiles on partner companies' homepages;
view the contact details of Users who have visited their Profiles;
know which Users have searched for Profiles with skills related to their activities, within their areas of intervention.

5.2. The Company's Role as Intermediary

The Company provides the User with a networking Platform, allowing them to contact other professionals whose activities may meet their needs, of whatever nature.

The Company does not provide any advice, nor does it sell or resell any offers from Users. The Company is solely an intermediary between Users and is therefore not a party to any contract concluded by the User following a connection made through its Platform.

The Company's activity is limited to facilitating connections between Users. The Company's liability cannot in any way be engaged in the context of the conclusion, non-conclusion, performance, termination or any other contractual relationship between Users or a third party for whom the User acts as agent, or for any other consequence, whatever its nature, resulting from a dispute between Users or a third party for whom one of the Users acts as agent.

6. Account Creation and Identification

Any User wishing to access the Services offered by the Platform must first create a User Account.

To create their Account, the User must:

click on the "Log in" button on the Platform;
fill in the online form provided for this purpose and provide the mandatory information of their Profile and, at their discretion, optional information relating to their location, the size of their company, their key contacts or their financial development;
accept the TOU.

The User undertakes to provide the Company with accurate, fair and up-to-date data, which does not infringe, in any way whatsoever, on the rights of third parties and to communicate to the Company any necessary updates to the User Data provided upon registration.

The User undertakes to create only a single Account on the Platform. The Company declines all responsibility for the harmful consequences that could result from the use of multiple Accounts for a single User.

The User is entirely responsible for the accuracy and updating of data provided in connection with the opening and management of their Account.

Once the Account is created, the User accesses it by clicking on the "Log in" section or button, then by completing the form with their Credentials. Credentials are strictly personal and confidential. The Client is prohibited from disclosing them to third parties, in any form whatsoever, and undertakes to make every effort to maintain their confidentiality.

The Client must in particular ensure that their password is sufficiently secure (containing a sufficient number of characters, a mixed base and varied alphanumeric characters, etc.) and log out of their session when disconnecting from the Platform.

The Client is solely authorized to access the Account and use the Services with their Credentials. Any access to the Client's Account with their Credentials is deemed by operation of law to have been made by the Client.

Indeed, the Company does not have the technical means to verify the identity of persons accessing the Platform from an Account and cannot, moreover, be held responsible in the event of identity theft of a Client.

Finally, in the event of loss/forgotten or theft of their Credentials, the Client undertakes to inform the Company as soon as possible via the Credentials renewal procedure, either by clicking on the "Forgotten password?" button, accessible via the "Log in - Create your account" section, or by sending an email to the following address: contact@biznessmatch.com.

7. User Obligations and Liability

In the course of using the Platform, each User undertakes not to undermine public order and to comply with applicable laws and regulations, to respect the rights of third parties and the provisions of these TOU.

Each User is obligated to:

behave fairly and reasonably towards the Company and third parties;
be honest and sincere in the information provided to the Company and, where applicable, to other Users;
not use Accounts other than the one they legitimately have access to;
not disclose their Credentials to third parties;
update their User Data as soon as a change is known;
update their search criteria in the event of a change or evolution of their request;
respect the privacy of third parties and the confidentiality of exchanges;
use the Platform in accordance with its purpose as described in these TOU;
not modify information posted by the Company or by another User;
not use the Platform to send unsolicited mass messages (advertising or otherwise);
not disseminate data that has the effect of reducing, disorganizing, slowing down or interrupting the normal operation of the Platform;
not use the Platform in a manner contrary to laws and regulations, or to the rights of third parties, including intellectual property rights, or rights to respect for privacy, etc.;
not act in a manner that could cause any harm to the Company, its affiliates, its partners or any User of the Platform and its Services;
not fraudulently introduce any data into the Platform;
not interfere with, hinder, or distort the proper functioning or use of the Platform in any way whatsoever in order to harm the rights of third parties or the Company;
not undertake any action and/or any use of a method allowing the extraction of data, including any automatic data reading action (Data scraping), data extraction (Data harvesting), data indexing (Web crawling) from the Platform or from databases allowing any direct or indirect migration and/or duplication of a significant part of the data and services accessible from the Platform;
not probe, scan or technically analyze the Platform;
not test the vulnerability, performance and functionality of the Platform for any reason other than those necessary for the use of the Platform;
not violate any security measure implemented by the Company in the Platform;
not use any illegitimate means to breach any authentication method implemented by the Company to allow a User to connect to the Platform.

In compliance with applicable legal and regulatory provisions and in accordance with the law of July 29, 1881 on freedom of the press, the User undertakes not to disseminate any message or information:

constituting wrongful denigration targeting the Company or Users of the Platform;
contrary to public order and good morals;
of an insulting, defamatory, racist, xenophobic, revisionist nature or undermining the honor or reputation of others;
inciting discrimination, hatred of a person or group of persons on the basis of their origin or their membership or non-membership in an ethnic group, nation, race or particular religion;
threatening a person or group of persons;
of a pedophilic nature;
inciting the commission of a crime, an offense or an act of terrorism or glorifying war crimes or crimes against humanity;
inciting suicide;
enabling third parties to directly or indirectly obtain pirated software, software serial numbers, software enabling acts of hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and generally any software tool or other means of infringing on the rights of others and the security of persons and property.

The User is invited to report to the Company any contact that does not comply with the above conditions.

It is also reminded that the User is solely responsible for the quality, lawfulness and relevance of User Data and content transmitted for the purposes and within the scope of use of the Platform.

The User is responsible for all information they choose to post on the Platform.

In the event of the User's failure to comply with their obligations under these TOU, the User is liable for damages caused by them to the Company or third parties. In this respect, the User undertakes to indemnify the Company against all claims, actions or remedies of any nature that may result therefrom and to compensate it for any damages, costs or indemnities relating thereto.

8. Company Obligations and Liability

The Company undertakes to make its best efforts to ensure that the Platform is accessible and operational at all times. However, the Company is bound, in this regard, by an obligation of means, offering no guarantee of continuity of Services.

In particular, the Company reserves the right to temporarily interrupt the accessibility of the Platform, including in the event of force majeure, planned or unplanned corrective and/or evolutionary maintenance, updates or technical improvements, emergency repairs to the Platform, to develop its content and/or presentation, or due to circumstances beyond the Company's control.

However, the Company undertakes to make its best efforts to minimize interruption time. In the event of a planned interruption, it will be notified by means of a warning on the Platform's homepage or by any other means.

Furthermore, the User declares that they are aware of the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting and sending data and the risks associated with the security of communications.

In this regard, the User acknowledges in particular that:

the reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they travel and that, in particular, failures or saturations may occur;
any equipment used to connect to the Platform is and remains the sole responsibility of the User.

In the event of a proven malfunction of the Platform, the Company undertakes to analyze the identified error(s) and correct them as soon as possible.

In any event, the Company shall not be held liable:

in the event of unavailability of the Platform or Services for reasons such as failure of the public electricity network, failure of wired telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including the User's, the causes of which include strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
in the event of use of the Platform or Services by a User under conditions not in compliance with the terms of the TOU or applicable legislation;
within the limits of applicable legislation, for any indirect damage including, but not limited to, loss of profit, loss of data or any other loss of intangible property, even if the Company has been informed of the possibility of such damages, which may arise (i) from the use of or inability to use the Platform or Services or (ii) following access to the Platform or said Services by an unauthorized User.

The Company declines all responsibility for the reliability and/or relevance of User Data, such information being provided under their sole responsibility.

The User acknowledges and accepts that the Company's liability cannot be engaged for any consequences in the performance of Services by the Company arising from false information or incomplete information communicated by the User.

Finally, the Platform may redirect to third-party websites. The Company exercises no control over these sites and assumes no responsibility for them. The decision to visit these sites is the sole and entire responsibility of the User.

9. Moderation of Content Shared on the Platform

Users may publish ratings, post-mission reviews or recommendations on the Platform. The Company does not guarantee the accuracy of information shared by Users. Only the User is responsible for the content they have published.

The Company may carry out moderation operations on publications by conducting random checks on content published by Users.

In order to achieve optimal moderation, the User has the option of reporting inappropriate content that has been published in violation of these TOU at the following address: contact@biznessmatch.com. The User should:

provide their name and email address,
precisely identify the content (including URL address),
identify the reasons for the report,
declare that they believe, in good faith, that the information and allegations transmitted are accurate and complete.

If the report contains the User's email address, the Company will provide an acknowledgment of receipt as soon as possible.

The Company will also notify the User of its decision concerning the information to which the report relates as soon as possible.

Any inappropriate content published by a User will be removed without delay once the Company becomes aware of it, either through a random check or because the content has been reported by a User. The User who posted said content may also have their account suspended or terminated under the conditions of Article 10 below.

10. Account Suspension / Closure

10.1. By the Client

The Client may delete their Account by requesting, at any time, the closure of their Account, without having to provide reasons. To this end, they must send an email to: contact@biznessmatch.com.

The Company will proceed with deactivation of the Account as soon as possible and will send the Client an email confirming the closure of their Account.

10.2. By the Company

In the event of a serious breach by the Client of the TOU or in order to comply with any court order, law or regulation, the Company reserves the right to close their Account without notice or formal demand, without prejudice to the other applicable provisions of the TOU. In this regard, the declaration by the User of inaccurate or manifestly questionable information, or the failure by the User to respond to the Company's requests for information, constitutes such a serious breach.

In the event of any other breach by the Client of the TOU, the Company may suspend their account for the duration necessary for the verifications carried out by the Company. Naturally, the Client will be informed of such a measure and invited to contact the Company by email in order to obtain information and submit any observations and/or provide proof that the breach has been remedied. In the event of a breach not remedied within fifteen (15) days from this notification, the Company may notify the closure of the Account.

The closure of the Account is without prejudice to any damages that may be claimed by the Company in compensation for the losses suffered by it as a result of such breaches.

The Client will be informed by email of the confirmation of the closure of their Account.

11. Intellectual Property

The Platform, including its source code and architecture, the Site, all content present on the Platform published by the Company, as well as trademarks registered by the Company are protected by intellectual property rights and belong to the Company or to third parties who have authorized the Company to use them.

The use of the Platform does not in any way confer on the User a property right and/or an intellectual property right over the protected elements, with the exception of a personal right of access, non-exclusive, non-assignable, non-transferable and limited exclusively to the use of the Platform, in accordance with its purpose and in compliance with the TOU, for the duration of use of the Platform.

It is strictly prohibited to represent, reproduce and/or exploit the protected elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of the Company. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, distribute, disseminate or transfer all or part of the Platform, create derivative works from the Platform, authorize a third party to commit such acts, without the prior written consent of the Company.

Failure to comply with the provisions of this article constitutes a violation of the Company's and/or third-party licensors' intellectual property rights and may result in civil and criminal proceedings.

12. Personal Data

The Company collects and processes personal data relating to the User in the course of using the Platform and the Services. This personal data is processed by the Company in accordance with its Privacy Policy and in compliance with applicable regulations, including the General Data Protection Regulation No. 2016/679 ("GDPR") and the French Data Protection Act of January 6, 1978, as amended ("LIL").

The collection and processing of this data are necessary for the performance of the Services, in order to allow the User to access their Account and to improve the Services.

For more information on how Users' personal data is collected and processed by the Company and to learn about the extent of their rights and how to exercise them, the User is invited to consult the Privacy Policy.

13. Assignment

The Company may assign these Terms of Use as well as all rights and obligations attached thereto, to any third party, without the prior written consent of the User, in particular in the event of the transfer of a line of business, merger, acquisition, transfer of the business as a going concern, demerger or any transaction resulting in a change of contracting party.

The assignee shall then be fully subrogated to the rights and obligations of the Company arising from these Terms of Use.

14. Non-Waiver

The fact that the Company does not enforce, does not require enforcement of, or does not rely on any provision of these TOU shall not be construed as a waiver of the right to subsequently invoke this provision or any other and/or seek compensation for any breach of this provision.

15. Severability of Clauses

If any provision of the TOU is held to be null and void or invalid and declared as such pursuant to a law, regulation or following a final decision of a competent court, such provision shall be deemed unwritten, without affecting the validity of the other provisions and shall be replaced by a valid provision of equivalent effect, which the parties undertake to negotiate in good faith.

16. Applicable Law and Jurisdiction

Any dispute relating to the interpretation and performance of these TOU shall be governed by French law.

In order to jointly find a solution to any dispute that may arise in connection with the performance of these TOU, the parties agree to meet within fifteen (15) days from the sending of a registered letter with acknowledgment of receipt, notified by either Party.

This amicable settlement procedure constitutes a mandatory prerequisite to the introduction of legal proceedings between the parties. Any legal action brought in violation of this clause shall be declared inadmissible. However, if at the end of a period of thirty (30) days beginning from the date of the above-mentioned meeting, the Parties fail to agree on a compromise or solution, the dispute shall then be submitted to the jurisdiction designated below.

Jurisdiction: ALL DISPUTES TO WHICH THESE TOU MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND FOLLOW-UP SHALL BE SUBMITTED TO THE COMMERCIAL COURT OF GRENOBLE. THIS CLAUSE APPLIES EVEN IN THE EVENT OF INTERIM PROCEEDINGS, INCIDENTAL CLAIMS OR MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, AND REGARDLESS OF THE METHOD AND TERMS OF PAYMENT, WITHOUT JURISDICTIONAL CLAUSES THAT MAY EXIST ON CLIENTS' DOCUMENTS BEING ABLE TO PREVENT THE APPLICATION OF THIS CLAUSE.