Terms and Conditions

1. Purpose

These Terms of Service (hereinafter "Terms") govern the contractual relationship between SAS Tenga Labs, the company that publishes the Qarte service, with its registered office at 60 rue François 1er, 75008 Paris, France (hereinafter "the Provider"), and any business or individual (hereinafter "the Client") subscribing to Qarte, a SaaS platform providing professional business pages and digital loyalty programs for beauty and wellness professionals.

Any subscription to the Service implies full and unconditional acceptance of these Terms, which shall prevail over any other document.

2. Description of the Service

Qarte provides merchants with a solution to create and manage a digital loyalty program. The Service includes, but is not limited to:

• Creation and customization of a digital loyalty card (stamp-based or cashback mode)
• QR code generation and NFC card compatibility for recording customer visits
• A customizable professional business page (bio, services, pricing, hours, photo gallery)
• An online scheduling module for availability management
• A dashboard for tracking and analytics
• Customer and reward management
• A customer referral system
• Automated follow-ups and push notifications to customers
• Google review collection

3. Pricing and Payment Terms

The Service is offered under the following plans:

• Monthly subscription: 19€ excl. tax per month, with no minimum commitment, automatically renewed each month.
• Annual subscription: 190€ excl. tax per year (approximately 15.83€ excl. tax/month), billed as a single payment in consideration of a firm twelve (12) month commitment.
• Free trial: A 7-day free trial is available without requiring a credit card. At the end of the trial period, the Client must subscribe to a paid plan to continue using the Service.

Payment is processed by credit card through the secure Stripe payment platform. All prices are quoted exclusive of tax and are subject to the applicable VAT rate at the time of invoicing.

4. Right of Withdrawal

In accordance with Article L221-28, 13° of the French Consumer Code (Code de la consommation), the Client acknowledges and agrees that the performance of the Service begins upon validation of their registration and access to their personal account.

Accordingly, the Client expressly waives their fourteen (14) day right of withdrawal provided for in Article L221-18 of the French Consumer Code.

The Client acknowledges having been informed of this waiver prior to subscribing and having expressly agreed that the provision of the Service shall commence before the expiration of the withdrawal period.

5. Duration and Termination

Monthly subscription:

The contract is entered into for an indefinite period with a minimum term of one (1) month, automatically renewed by tacit agreement. The Client may cancel at any time from their dashboard. Cancellation takes effect at the end of the current monthly billing period. The Service remains accessible until the end of the paid period.

Annual subscription:

The contract is entered into for a period of twelve (12) months, automatically renewed by tacit agreement. The Client may opt out of renewal by canceling from their dashboard. In accordance with Article L215-1 of the French Consumer Code, the Client shall be notified by email of the option not to renew the contract no later than one (1) month before the end of the current period.

Suspension for non-payment:

In the event of non-payment, the Provider reserves the right to suspend access to the Service after a notice has been sent and remained without effect for eight (8) days.

6. No Refund Policy

Monthly subscription:

In the event of cancellation during a billing month, the Service remains accessible until the end of the current paid period. No pro-rata refund shall be issued for any partially used period.

Annual subscription:

The annual subscription is billed as a single payment for the entire 12-month period. All amounts paid are deemed earned by the Provider and shall not be refunded, in whole or in part, in the event of early termination initiated by the Client. The Service remains accessible until the end of the paid annual period.

The Client acknowledges that the annual rate constitutes a preferential rate granted in consideration of the 12-month commitment, and that early termination shall not entitle the Client to any pro-rata refund.

In the event of termination initiated by the Provider for reasons other than the Client's fault, the Client shall be refunded on a pro-rata basis for the remaining unused period.

7. Client Obligations

The Client agrees to:

• Provide accurate and up-to-date information upon registration
• Use the Service in accordance with its intended purpose and these Terms
• Refrain from using the Service for any unlawful or unauthorized purpose
• Maintain the confidentiality of their login credentials
• Comply with applicable data protection regulations with respect to their own customers' personal data

8. Provider Obligations

The Provider agrees to:

• Provide the Service in accordance with its description
• Ensure the security and confidentiality of hosted data
• Notify the Client of any scheduled Service interruptions
• Implement the necessary measures to ensure Service availability

The Provider's obligations are obligations of means (best efforts). The Provider undertakes to deliver the Service with due diligence and in accordance with industry standards, to the exclusion of any obligation of result.

9. Suspension and Termination by the Provider

The Provider reserves the right to suspend or terminate access to the Service, without prior notice or compensation, in the following cases:

• Breach of these Terms
• Fraudulent or abusive use of the Service
• Provision of false or incomplete information upon registration
• Unlawful activity or infringement of third-party rights
• Non-payment after a notice has remained without effect for eight (8) days

In the event of termination due to the Client's fault, no refund shall be due. The Provider shall notify the Client by email of the suspension or termination of their account.

10. Service Availability and Evolution

The Provider endeavors to maintain the Service accessible 24 hours a day, 7 days a week, with a target availability of 99.5% per month, excluding scheduled maintenance periods.

The Provider reserves the right to temporarily interrupt the Service for maintenance, updates, or improvements, and shall endeavor to notify the Client within a reasonable timeframe.

Service interruptions shall not entitle the Client to any compensation.

The Provider reserves the right to modify the features of the Service (addition, modification, or removal of features) in order to improve its quality. Such changes shall not constitute a modification of the contractual terms, provided they do not substantially alter the subscribed Service.

11. Intellectual Property

The Provider retains all intellectual property rights in and to the Service, including the source code, user interface, algorithms, documentation, and associated trademarks.

The subscription grants the Client a personal, non-exclusive, non-assignable, and non-transferable right to use the Service, limited to the duration of the subscription and the purpose defined herein.

The Client retains ownership of all data entered into the Service. The Provider shall not use such data for any purpose other than the performance of the Service.

12. Limitation of Liability

The Provider shall only be liable for direct, personal, and certain damages suffered by the Client, expressly excluding any indirect damages, including but not limited to loss of profits, loss of customers, loss of data, or damage to brand reputation.

In any event, the total aggregate liability of the Provider, regardless of cause, shall be limited to the amounts actually paid by the Client during the twelve (12) months preceding the event giving rise to the claim.

The Service is provided "as is." The Provider does not warrant that the Service will operate without interruption or be free from errors.

13. Force Majeure

The Provider shall not be held liable for any failure to perform its contractual obligations resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, including but not limited to: natural disasters, pandemics, fires, strikes, wars, telecommunications network failures, cyberattacks, government decisions, or any other circumstance beyond the reasonable control of the Provider.

In the event of a force majeure lasting more than three (3) months, either party may terminate the contract by operation of law, without compensation.

14. Data Protection

The Provider undertakes to protect personal data in accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés). For more information on the collection, processing, and storage of your data, please refer to our Privacy Policy.

15. Merchant Referral Program

Qarte offers a referral program enabling any Client with an active subscription (monthly or annual) to recommend the Service to other merchants.

Conditions:

• When a referred merchant subscribes to a paid plan, the referring Client receives a credit of 10€ excl. tax, automatically applied to their next invoice.
• This credit is limited to one (1) rewarded referral per calendar month.
• The credit is not convertible to cash and cannot be refunded.

Annual subscription:

For Clients holding an annual subscription, referral credits accumulate on the client balance and are automatically deducted upon subscription renewal.

The Provider reserves the right to modify or suspend the referral program at any time, subject to notifying Clients. Credits already earned shall remain valid.

16. Mediation and Dispute Resolution

In the event of a dispute, the Client is invited to send a written complaint to the Provider by email at contact@getqarte.com.

In accordance with Articles L611-1 et seq. of the French Consumer Code, the Client may refer the matter to a consumer mediator or any other alternative dispute resolution mechanism for amicable settlement.

The Client may also use the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

Failing amicable resolution, the dispute shall be submitted to the competent courts under the applicable rules of jurisdiction.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France. Failing amicable resolution within sixty (60) days, any dispute shall be submitted to the competent courts within the jurisdiction of the Provider's registered office.

18. General Provisions

Amendment of Terms:

The Provider reserves the right to amend these Terms at any time, in particular to comply with any legislative or regulatory changes, or to reflect changes to the Service. The Client shall be notified by email of any material change at least thirty (30) days before it takes effect. Continued use of the Service after such date shall constitute acceptance of the revised Terms.

Assignment:

The Client may not assign or transfer their rights and obligations under these Terms to any third party without the prior written consent of the Provider.

Electronic communications:

The Client agrees to receive communications relating to the Service (notifications, invoices, information about Service updates) electronically at the email address provided upon registration.

Severability:

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

No waiver:

The failure of the Provider to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision, unless expressly agreed in writing.

19. Contact

For any questions regarding these Terms, please contact us at contact@getqarte.com.