Articles

Terms and Conditions of Use

Any individual or legal entity, visitor, or registered user accessing or using the website www.lacartedescolocs.fr, or any information published on the website, agrees to be bound by the terms of the general terms and conditions of use stipulated by this agreement.

1. www.lacartedescolocs.fr

This website, along with all its content, data, and other materials published on it, is the property of Apoena, S.A.S., whose head office is at 3 rue des Bouchers, 67000 Strasbourg. In these terms and conditions, Apoena is referred to as 'we,' 'our,' 'us,' or 'La Carte des Colocs.'

2. Website Content and Use

Your use of La Carte des Colocs and/or any content found on this website is entirely at your own risk. No content or material on the website may be copied, reproduced, republished, uploaded, displayed, transmitted, or distributed without the prior permission of La Carte des Colocs.
Please note that while we strive to provide accurate and up-to-date information, the content may not be entirely complete or free from defects, and is subject to change, often at short notice. All content is provided without any representation or warranty of any kind (implied or express), to the extent permitted by applicable law.

Unless explicitly stated otherwise, La Carte des Colocs owns or controls all relevant intellectual property rights relating to the website and its content. You may not publish, distribute, extract, reuse, or reproduce all or part of the website or its content in any form (including storing it on any medium) other than as expressly permitted in these terms or allowed on the website, under French or local law. The website and its content are intended for your personal, non-commercial use only; they must not be redistributed, transferred, assigned, or licensed.

3. Registration

If you wish to register on the website, you must agree to the Terms and Conditions of Use, keep your password confidential, and not allow any other person (individual or legal entity) to use your email address or password to access the website. You agree not to take any action that might help someone who is not a registered member access a secure area of the website and not to create additional accounts to abuse the functioning of the website or other registered members or attempt to impersonate another registered member.

You are responsible to La Carte des Colocs for all activities that occur on your member account. If you believe someone has obtained your account details, please contact us as soon as possible, and we will take appropriate measures to block or close it.

4. Your Personal Data

By using our website, you may provide us with various types of personal data, including when you: create an account, interact with other users, and contact us via email or contact form. You agree to provide truthful, accurate, and complete information both on the website and to La Carte des Colocs in general. Personal data provided by registered members will be processed with precision and the appropriate level of security, in accordance with our privacy policy. As the accuracy of this data influences our activity in matching compatible housemates, we cannot be held liable for any inaccuracies in this data.

Data Provided by the User

Name, first name, date of birth, gender (civil status), occupation, nationality, email address, phone number (optional), photos of yourself, a description of you or the accommodation featured in your listing, all data related to interactions on the site (messages, visit details and related content, payment information, interactions with support…), device connection data, copies of identity documents (passport, driving licence, national identity card) if requested by support for identity verification, and any other information you choose to provide.

Data Collected Automatically

If you log into our services using Facebook, La Carte des Colocs will have access to some data from your Facebook account (including your first name, last name, profile picture, and email address) in accordance with the terms of use of the relevant social network.

During each visit, we may, in accordance with applicable law and with your consent, access information related to the devices on which you use our services or the networks from which you access our services, such as your IP addresses, connection data, types and versions of web browsers used, types and versions of browser plugins, operating systems and platforms, navigation data, including your journey through the different URL pages on our site, the content you access or view, search terms used, download errors, the duration of certain page views, your device's advertising identifier, and interactions with the page.

Data Retention Period

We retain your personal information for as long as necessary to provide our services according to our mutual agreement and to comply with our legal obligations. We retain bank account or credit card information (via our payment provider Stripe) for the required duration under tax and accounting laws.

If you delete your data from our platform, it is immediately destroyed and cannot be retrieved by you or us. Please note that we may retain some of your data if required by law or if we have a legitimate reason to do so. This might be the case, for instance, if we believe you have breached our terms of use and we wish to prevent you from causing harm to other users.

Use of Data

We use your data in various ways:

to allow you to access our services and receive related information in accordance with our Terms of Use,
to send you occasional information about our services,
to ensure compliance with applicable laws and our terms of use. If you breach these terms, we may suspend your account,
to manage our website and perform internal technical operations for problem-solving, data analysis, testing, research, studies, and surveys,
to improve and optimise our website, ensuring that our content is displayed appropriately on your device,
to help maintain a healthy and secure environment on our site.

Transfer of Your Data

We work with partner organisations that may access your personal data if you clearly authorise the transfer of your data to each partner (e.g. by ticking a specific opt-in box for a partner).

We also work with partner organisations that may access certain data for the services we provide (market research, surveys). This data is completely anonymised and cannot identify you in any way; therefore, the following personal data will never be transmitted for these purposes: name, first name, email address, phone number, photos of you, description of you or the accommodation featured in your listing, exact address of the accommodation in your listing.

We publish parts of our website on other websites through APIs or widgets. In this case, some information from your profile may also be displayed on these websites. Your personal data, such as your last name, phone number, or email address, will not be accessible on these websites.

We are legally obliged to transfer your data or if we believe it is necessary to (1) respond to any claims against La Carte des Colocs, (2) comply with any court requests, (3) enforce any contracts with our users, such as the Terms of Use, (4) respond to emergencies concerning public health or a person's physical integrity, (5) in investigations and inquiries, or (6) to protect the rights, property, and safety of La Carte des Colocs, its users, and third parties.

If La Carte des Colocs or all or part of its assets are acquired by a third party, the data in our possession will, in principle, be transferred to the new owner. If we are to sell or acquire a business or assets, we reserve the right to share your personal data with the potential buyer or seller of that business or those assets.

We would like to draw your attention to the fact that we have no control over the collection or processing of your data by our partners on their own websites. Our website may contain links to our partners' or third-party websites. Please note that these websites have their own privacy policies, and we disclaim any responsibility for their use of information collected when you click on these links. We invite you to review their privacy policies before providing them with your personal data.

Your Data Rights and Data Deletion

You may modify, correct, or delete data linked to your account at any time. Any data changes override and replace previously provided data. You can also contact us directly at [email protected] to make these modifications, corrections, or deletions.

When permitted by applicable law, you are entitled to obtain a copy of your personal data we hold. This request may require identity verification. We will respond to this request within the timeframe specified by law.

You can close your account at any time by deleting it; all your information will then be deleted. You can also contact us directly at [email protected] to receive confirmation. We may retain some of your information if required by law or if we have a legitimate reason to do so (such as if you engage in misconduct or violate our terms of use).

Data Protection Security Policy

Apoena places the utmost importance on data security and the protection of its platform users.

To this end, Apoena has conducted a comprehensive assessment of its systems, processes and infrastructure, in accordance with best practices set out by the Agence nationale de la sécurité des systèmes d'information (ANSSI), particularly in the Guide d'hygiène informatique, publicly available at: https://cyber.gouv.fr/publications/guide-dhygiene-informatique

The principal measures implemented include, but are not limited to:

Strong authentication for sensitive access, with an enhanced password policy and rigorous access rights management;
Network segmentation and isolation of critical environments (production, development, testing);
Systematic updating of software, operating systems, and dependencies used within the platform;
Continuous monitoring via logging tools, intrusion detection systems (IDS) and alerts for anomalous events;
Regular data backups with periodic restoration testing, redundant and encrypted storage;
Encryption of communications (HTTPS/TLS) and sensitive data in databases, with secure key management;
Cybersecurity training for internal teams (developers, support staff, administrators);
Internal and external security audits are conducted regularly, along with code reviews that take OWASP risks into account.

Together, these measures ensure a high level of security in accordance with current professional standards. However, given the evolving nature of threats, Apoena is committed to maintaining a continuous improvement process, adapting its technical safeguards, and responding promptly to any identified incidents or vulnerabilities.

Contact

For any enquiries regarding your data, you can contact us directly via email at [email protected] or by post at the following address: S.A.S. Apoena - 3, rue des Bouchers - 67000 STRASBOURG - FRANCE.

5. Trackers

To enhance your browsing experience, La Carte des Colocs utilises trackers (cookies), allowing us to access information already stored in your electronic communications terminal equipment and record information therein.

Trackers under our control

Trackers generated during your visits to La Carte des Colocs do not store any personal information, ensuring your anonymity, and we are committed to not using the trackers directly generated by our platform for commercial purposes.

The trackers directly generated by La Carte des Colocs cover:
- the current status of your account (logged in or not, registered or not)
- the city, region, and type of your last search
- the last location of the search map (if you are looking for shared accommodation)
- the history of viewed, contacted, or favourited listings, as well as the history of viewed, contacted, or favourited profiles.

You can oppose the use of these trackers by configuring your browser or using specific extensions that disable the writing and reading of trackers. Please note, however, that this may significantly disrupt your browsing on La Carte des Colocs, as the site needs a specific tracker for each new request to determine whether you are logged in to your account or not.

Trackers under third-party control

La Carte des Colocs uses third-party services that may also store trackers in your browser, specifically:
- Google Analytics (for audience measurement purposes)
- Google AdSense (advertising network)
- Facebook (if registering with your Facebook account)

These third-party services may combine the trackers generated on La Carte des Colocs with other information you've provided or that they have collected during your use of their services. As with trackers under our control, you can object to their use by configuring your browser or using specific extensions to disable writing and reading of trackers.

Legislation in Force

The use of trackers is governed by Article 32 II of Law No. 78-17 of 6 January 1978, transposing Article 5.3 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, as amended by Directive 2009/136/EC. To learn more about cookies and trackers, we invite you to visit the CNIL website: www.cnil.fr.

6. ID5

We use the services of the digital advertising platform ID5, located at 199 Bishopsgate, London EC2M 3TY, United Kingdom.

ID5 assigns a unique identifier to each visitor, enabling third-party advertisers to target the visitor with relevant advertisements and to place real-time bids. ID5 collects information such as email addresses (in a pseudonymised form), IP addresses, and/or information about the browser or operating system, and uses this data to create an identifier that recognises users across their devices. This identifier does not contain any personally identifiable information. We may place this identifier in our first-party cookie or use an ID5 cookie, allowing its use for online advertising. This identifier may be shared by us, or on our behalf, with our advertising partners and other third parties globally, to enable interest-based content and/or targeted advertising (e.g., on the web, via email, on connected devices, in apps, etc.).

Data processing is carried out based on your consent (Art. 6(1)(a) GDPR), which can be withdrawn at any time. Additionally, it is possible to object to processing if the data is processed based on a legitimate interest (Art. 6(1)(f) GDPR). A valid objection or withdrawal of consent does not affect data processing that has already occurred. If you do not wish to be tracked via the ID5 identifier, please use the opt-out option available on the provider's page: https://id5-sync.com/privacy.

Data is processed, among other locations, by ID5 in the United Kingdom. However, for such data transfers, there is an adequacy decision by the European Commission under Art. 45 GDPR, ensuring a comparable level of data protection. An adequate level of protection for transfers to ID5's partners is also ensured through the adoption of the EU's standard contractual clauses.

For more information about ID5, including the technologies and partners they use, please referto the provider's privacy policy: https://www.id5.io/privacy-policy.

7. Objectionable Material

If you find or become aware of any content on the site that is offensive, illegal, or contrary to the law, please report it to us immediately. Please note that there may be legal consequences if you make a false or bad faith report in this regard.

8. Submission of Materials

If you publish content on the site (including, without limitation, texts, photographs, written comments, suggestions, notes, drawings, concepts, or any other information disclosed or offered via the site), you grant us a worldwide, perpetual, non-exclusive licence to use this material on all media. Furthermore, you agree to waive your moral rights for the purposes of this licence, and you agree that this material is not confidential and that La Carte des Colocs will not be liable for any use or disclosure of such material.

You represent and warrant that you personally created, wrote, and produced all the content in what you published. We reserve the right to edit, modify, crop, or arrange your material as needed at our discretion. Unless you have a contrary request, your name may be published alongside your material. If you do not wish to grant us these rights, please do not submit material to the site.

9. Links to Other Sites

The site may publish and/or reference links to other websites. La Carte des Colocs does not endorse or accept any responsibility for the content of these sites, is not responsible for their availability, and shall not be held liable for any loss or damage the registered member or user may suffer from using these sites. If you choose to access websites linked to La Carte des Colocs, you do so at your own risk.

10. Links to La Carte des Colocs

Any website may publish a link to our site, provided it does not imply any endorsement of its products or services by La Carte des Colocs, does not misrepresent its relationship with La Carte des Colocs, does not present false information about La Carte des Colocs, does not infringe the intellectual property or other rights of any person (natural or legal), and complies with all applicable laws and regulations. However, La Carte des Colocs reserves the right to withdraw this authorisation at any time.

11. User Conduct

We reserve the right to refuse a member's registration for any reason at any time or to modify the content of a listing if we find it inappropriate. This refusal will be exercised if we detect inconsistencies, lies, or attempts to harass or deceive La Carte des Colocs or any of our members or potential users.

Similarly, we reserve the right to close an account, deactivate a listing, or ban an email and IP address at any time without prior justification if we consider that it tarnishes the site's image or poses a risk to other users. This right will be exercised at our sole discretion, and we reserve the right to disclose or not to the user concerned the reasons for account closure or identifier blocking.

Any registered member whose account is deactivated or deleted for reasons related to those mentioned above shall not be entitled to any refund, in any form. Additionally, please note that if counterfeiting and criminal activity threaten the integrity of our site or business, we will pursue legal proceedings, including in cases of illegal distribution of the information we provide or any other use for purposes other than those outlined herein.

La Carte des Colocs does not endorse any listings and we do not make any comments regarding the conduct, creditworthiness, rental history, or ability of an individual to pay rent or provide accommodation. La Carte des Colocs cannot be held liable for events or losses resulting from using the site. It is your responsibility to determine the acceptability and suitability of a housemate, tenant, or landlord.

13. Indemnity and Limitation of Liability

If you subscribe to any services offered on this site, you agree that La Carte des Colocs' liability, as outlined hereafter, is limited to the lesser of the amount you actually paid or 150 euros. Unless stated otherwise herein, La Carte des Colocs cannot be held liable for any indirect or consequential damages of any kind, whether contractual, tortious, or otherwise arising from your use of this site or in connection with the products and/or services we offer.

Nothing in this agreement shall limit or exclude liability for death or personal injury caused by La Carte des Colocs' negligence. You agree to indemnify La Carte des Colocs against any loss or damage it may incur, including but not limited to legal costs arising from any breach of these terms and conditions, warranties, or other terms, or from your misuse of any materials or information obtained through the site. You also agree to indemnify La Carte des Colocs for any loss or damage suffered by La Carte des Colocs in relation to any third-party claims for intellectual property rights infringement arising from your provision of material to the site.

14. Right of Withdrawal

You can cancel your subscription at any time by logging into your account and clicking the 'Delete my account' button in the 'My Settings' tab. Because we provide the option to preview all site content at no charge and only require payment when you wish to become a premium member, we do not offer subscription refunds. However, if you have not found a room or housemate within the timeframe provided by your subscription, we allow you to renew your subscription at a discounted rate (subject to changes). This provision does not affect your other legal consumer rights.

15. Termination of this Agreement

You can terminate this agreement at any time by deleting your account via the site and destroying any content and other materials obtained from the site (and all related copies and installations, whether pursuant to this agreement or otherwise). La Carte des Colocs may terminate this agreement at any time if, at our sole discretion, we believe that you have breached (or acted in a way that indicates you do not intend to or cannot comply with) any term or if we are legally required to do so, or if continuing the agreement is no longer commercially viable.

16. Trademarks

The trademarks, products, and service names used on this site (including, but not limited to, “La Carte des Colocs”) are trademarks or trade names of La Carte des Colocs or its business partners unless explicitly stated otherwise. You may not distribute products or offer services under or by reference to, or use or reproduce, any trademarks, trade names, or advertising slogans without the written permission of La Carte des Colocs.

17. Hacking

You agree not to attempt to cause damage, deny access to the service, hack the site, reverse-engineer, or interfere (collectively, "interference") with the site in any way. If you interfere with the site in any way, you agree to pay all damages incurred by La Carte des Colocs. La Carte des Colocs will cooperate with the relevant authorities to prosecute any user who interferes with the site or attempts to defraud La Carte des Colocs or any other party through the use of a site user account or services provided through the site.

La Carte des Colocs reserves the right to deny access to the site or any other service to any user for any reason, at any time, at our sole discretion. The user or registered member agrees that we may block their IP address(es) at any time, at our sole discretion, and deny them continued use of the site without prior notice. We reserve the right to take any action we deem appropriate at our sole discretion regarding violations or enforcement of this agreement's terms, and we expressly reserve all rights and remedies available to us in law or equity.

18. No Partnership

Your use of the site and/or its content does not create any partnership, client relationship, fiduciary, or other professional relationship.

19. Entire Agreement and Severability

This agreement constitutes the entire agreement between the parties regarding its subject matter. There are no understandings, agreements, or representations, oral or written, other than those specified herein regarding this agreement. If any part, term, or provision of this agreement is interpreted by a court of competent jurisdiction as illegal, unenforceable, or contrary to applicable law, the remaining parts or provisions shall remain valid and continue in full force and effect.

20. No Waiver

No waiver, express or implied, by either party of a term or condition or of a breach by the other of any provision of this agreement shall constitute a waiver of any breach of the same or any other provision/term of this agreement.

21. Amendments

This agreement may be amended from time to time by posting new terms on the site, and any modification will apply to all users from the date and time the revised terms are posted on the site. Continued use of the site or services by the user or registered member implies agreement and acceptance of such modifications or changes as applicable.

22. Governing Law and Jurisdiction

This agreement shall be governed by and interpreted in accordance with French law. Any disputes arising from or relating to this agreement shall be subject to the exclusive jurisdiction of the French courts.

23. Force Majeure

We shall not be held liable for any failure or delay in performing any of our contractual obligations caused by events outside our control.

24. Partnerships

La Carte des Colocs may display different partners who wish to offer their services to its users in various forms (checkboxes, banners, pop-ups, etc.). Any user who checks a partner's checkbox agrees to provide their information and be contacted by that partner. Similarly, any user who clicks on the partner's advertising tools agrees to be redirected to the partner's website(s).

Any user who sends a message to a professional property manager who advertises their listings on La Carte des Colocs agrees to share their contact information (email at minimum, phone number if provided).

25. Contact

For any important inquiries, please contact us at the following address: S.A.S. Apoena, 3 rue des Bouchers 67000 Strasbourg, or at [email protected].

Terms and Conditions of Sale for Private Customers

Introduction

Each of the terms mentioned below shall have the following meanings in these Terms and Conditions of Sale of the website www.lacartedescolocs.fr:

advertisement: refers to all elements and data (visual, textual, photographs, drawings) submitted by an advertiser under their exclusive editorial responsibility to offer a property for rent published on the website.

advertiser: refers to any adult natural or legal person, account holder, who has posted an advertisement from their account on the website. Every advertiser must be logged into their account to post and manage their advertisement(s). The first advertisement submission results in the creation of an account unique to the advertiser.

account: refers to the free space that every advertiser must create and connect to from the website to publish, manage, and view their advertisements and subscribe to any paid option(s).

Apoena: refers to the company that manages and operates the website: Apoena, SAS with a capital of 2,000 euros, registered in the Strasbourg Trade and Companies Register under number 793 700 139, with its head office at 3 rue des Bouchers, 67000 Strasbourg.

website: refers to the website operated by Apoena and accessible via the URL www.lacartedescolocs.fr

1. Purpose

These Terms and Conditions of Sale (T&Cs) define the contractual terms applicable to any subscription by an advertiser, logged into their account, for paid option(s) from the website.

2. Acceptance

Any subscription to paid option(s) by an advertiser signifies full and complete acceptance of the current T&Cs.

3. Subscription Terms for Paid Options

General Rules

Subscription to one or more paid option(s) is exclusively accessible to advertisers who are logged into their account on the website.

A paid option is only applicable to a single advertisement. Therefore, it's not possible to transfer the benefit of a paid option from one advertisement to another.

Multiple paid options can be subscribed for a single advertisement, either simultaneously or separately.

The price of each paid option varies depending on the type and the subscription duration. The pricing grid for paid options by category is available in the Pricing section.

Advertisements are listed on the website in list mode or in the sidebar in map mode in chronological order, based on the date and time of publication. Therefore, every advertiser acknowledges and agrees that the top-of-list or sidebar presence of their advertisement is only temporary.

Subscription Location and Timing

Paid options can be subscribed to by any advertiser logged into their account via the website:

from the submission form when posting an advertisement,
or at any point during an advertisement's display, from the My Advertisements tab in the advertiser's account.

Duration and Effect of Paid Option(s)

Except for the "Immediate Top of List" paid option, which is valid once at the time of subscription, all other paid options are subscribed for 7 days, 14 days, or 30 days.

If an advertisement is removed early (either by the advertiser or by La Carte des Colocs due to inappropriate content), the paid option ceases to be effective.

Modifying an account or an advertisement does not extend the duration of subscribed paid option(s).

Deleting an account results in the removal of any advertisement(s) linked to that account (same email address), and, consequently, any paid option(s) subscribed for these advertisements, without entitlement to any refund or compensation, which the advertiser acknowledges and accepts.

4. Paid Option Descriptions

Immediate or Daily Top of List

This paid option comes in four forms:

Immediate Top of List

The advertisement's publication date is reset to zero, placing it at the top of the list in list mode and in the sidebar in map mode as if it were newly published, once upon subscription to this option. It's only available via a dedicated button at least the day after posting on the My Advertisements page.

Daily Top of List for 7 Days

The publication date of the advertisement is reset to zero, putting it at the top of the list in list mode and in the sidebar in map mode as if it were newly published each day for 7 days, starting from:

the day of advertisement submission, if subscribed to at the time of posting,
or from subscription, if not at the time of posting, but during its online period.

A subscription confirmation email will be sent on the day of option subscription to confirm it to the advertiser. Another email will be sent three days before the option ends to notify the advertiser of its impending expiration. A final email will be sent on the last day of the option to inform the advertiser of its end.

Daily Top of List for 15 Days

The publication date of the advertisement is reset to zero, placing it at the top of the list in list mode and in the sidebar in map mode as if it were newly published each day for 15 days, starting from:

the day of advertisement submission, if subscribed to at the time of posting,
or from subscription, if not at the time of posting but during its online period.

Daily Top of List for 30 Days

The publication date of the advertisement is reset to zero, placing it at the top of the list in list mode and in the sidebar in map mode as if it were newly published each day for 30 days, starting from:

the day of advertisement submission, if subscribed to at the time of posting,
or from subscription, if not at the time of posting but during its online period.

Featured in Search Results Every Day for 7 Days

The advertisement will be featured in list and map modes on the website each day for 7 days, starting from option subscription.

Featured in Search Results Every Day for 15 Days

The advertisement will be featured in list and map modes on the website each day for 15 days, starting from option subscription.

Featured in Search Results Every Day for 30 Days

The advertisement will be featured in list and map modes on the website each day for 30 days, starting from option subscription.

Email Notification Display

A preview of the advertisement will appear at the bottom of emails sent to users searching for properties using search filters matching the advertisement's area. This includes both daily email alerts with new advertisements published and notifications sent after each new message received on the site.

Email Notification Display Every Day for 7 Days

The advertisement will be displayed in multiple emails received daily for 7 days by users searching for a property in the advertisement's area, starting from option subscription.

Email Notification Display Every Day for 15 Days

The advertisement will be displayed in multiple emails received daily for 15 days by users searching for a property in the advertisement's area, starting from option subscription.

Email Notification Display Every Day for 30 Days

The advertisement will be featured in multiple emails received daily for 30 days by users searching for a property in the advertisement's area, starting from option subscription.

Global Feature

The advertisement benefits from all paid options simultaneously.

Global Feature for 7 Days

The advertisement benefits from the Immediate Top of List, Daily Top of List, and Email Notification Display every day for 7 days, starting from option subscription.

Global Feature for 15 Days

The advertisement benefits from the Immediate Top of List, Daily Top of List, and Email Notification Display every day for 15 days, starting from option subscription.

Global Feature for 30 Days

The advertisement benefits from the Immediate Top of List, Daily Top of List, and Email Notification Display every day for 30 days, starting from option subscription.

5. Financial Terms

Payment and Billing

Subscription to paid option(s) is billed at the rate in force on the day of subscription as stated on the website.

Payment for paid option(s) is made online exclusively via a secure payment interface available on the website using credit card only. Once payment has been confirmed by the banking institution, an electronic invoice is issued and sent to the advertiser's email address.

Discounts

The website reserves the right to offer discounts or promotions on paid option(s) at any time.

Refund

No paid option(s) will be refunded under any circumstances. However, in case of significant technical malfunctions on the website that prevented the effective application of paid option(s), the advertiser should report this incident to customer support within 48 hours of encountering the issue.

After verification, if a technical problem is confirmed, the website will issue the advertiser with a new paid option of equivalent value or credit their account, at the website's discretion.

The advertiser acknowledges and agrees that any refund or compensation excludes any other claims, such as reimbursement of damages or losses caused by the malfunction.

Paid Options	Price
Immediate Top of List	3.90€
Daily Top of List for 7 Days	9.90€
Daily Top of List for 15 Days	14.90€
Daily Top of List for 30 Days	24.90€
Featured in Search Results for 7 Days	6.90€
Featured in Search Results for 15 Days	9.90€
Featured in Search Results for 30 Days	14.90€
Displayed in Email Notifications for 7 Days	6.90€
Displayed in Email Notifications for 15 Days	9.90€
Displayed in Email Notifications for 30 Days	14.90€
Global Feature for 7 Days	19.90€
Global Feature for 15 Days	24.90€
Global Feature for 30 Days	34.90€

6. Payment and Billing

Subscription to one or more paid option(s) can be done by any advertiser logged into their account:

by credit card via the website

Payment is due upon subscription to each paid option. In case of problems occurring after payment for paid options that lead to Apoena not receiving the due amount: the maximum payment period is 30 days, late interest is 10%, and the fixed recovery fee is 40 euros.

The advertiser is informed of the possibility of generating an invoice via a confirmation email received on the day of subscription. From the Settings tab in their account, the advertiser can download PDF invoices for their paid options. If the individual advertiser does not download invoices for their paid options, they implicitly refuse to provide their address to be included on their invoices.

7. Refunds and Withdrawal

Refunds

Paid options are non-refundable.

In case of advertisement removal:

If an advertisement is refused by Apoena due to its non-compliance with the site's publishing rules, the paid option(s) could be refunded after the Apoena team reviews all components of this failed advertisement submission. This procedure can only be initiated through a report by the advertiser concerned.

However, if Apoena had to delete the advertisement during its publication due to non-compliance with the site's terms and conditions, especially if its content was reasonably flagged as abusive, Apoena will not refund the paid option(s) subscribed for the advertisement or in the advertiser's account, which was subsequently deleted during publication.

In case of account deletion:

Account deletion results in the removal of all linked advertisements and, consequently, any paid option(s) subscribed for those ads without any entitlement to refund or compensation, which the advertiser acknowledges and accepts.

Withdrawal

Under Articles L 221-18 and following of the Consumer Code, the advertiser has a period of fourteen (14) clear days to withdraw. However, by validating the order, the advertiser agrees that Apoena will begin executing the service and expressly waives their right of withdrawal.

8. Liability and Force Majeure

Apoena cannot be held liable in case of non-performance or poor execution of the order, either due to the advertiser or a force majeure event.

9. Amendments to T&Cs

These T&Cs have been in effect since 18 May 2021.

Apoena reserves the right to amend the T&Cs in whole or in part at any time.

Advertisers are encouraged to regularly review the T&Cs to become aware of any changes.

10. Miscellaneous Provisions

All personal data processing under these terms is subject to our Terms of Service, which are an integral part of these T&Cs.

If any part of the T&Cs is found to be illegal, invalid, or unenforceable for any reason, the affected provisions will be deemed unwritten without affecting the validity of the other provisions, which will continue to apply between advertisers and Apoena unless it was a crucial and decisive clause that led one of the parties to subscribe to the paid option.

Any complaint must be directed to Apoena's customer service.

These T&Cs are subject to French and EU law.

Terms and Conditions of Sale for Business Customers

These general terms and conditions of sale apply to real estate professionals wishing to benefit from the publication, hosting and promotion services of real estate listings on La Carte des Colocs website.

Preamble

The company APOENA (hereinafter « APOENA »), a simplified joint-stock company (SAS) with a share capital of €2,000, headquartered at 3 rue des Bouchers, 67000 Strasbourg, registered with the Strasbourg Trade and Companies Register under number 793 700 139, offers non-professional users matchmaking services via its real estate listings portal.

The advertiser is a real estate professional who wishes to publish listings and benefit from the promotion and highlighting of their real estate properties on APOENA's website.

These General Terms and Conditions of Sale (hereinafter « T&Cs ») are intended to define the conditions under which the professional advertiser (the « Advertiser(s) ») who so requests, via APOENA's website, accessible at https://www.lacartedescolocs.fr/ (the « Site »), by direct contact or via a paper medium, can benefit from the following services: publication, hosting, and promotion of real estate listings on the Site.

The Advertiser is understood as any natural or legal person, private, acting for professional purposes, as part of their main activity, including when acting on behalf of another professional.

The Advertiser as a real estate professional declares that they have all the necessary authorizations for their activity, and in particular that they comply with the provisions of Hoguet Law No. 70-9 of January 2, 1970.

The T&Cs are systematically communicated to the Advertiser prior to any subscription and will prevail, where applicable, over any other version or any other contradictory document. No particular condition may, without the formal written acceptance of APOENA, prevail over these T&Cs.

They express the entirety of the obligations of the parties. In accordance with Article L 441-1 of the Commercial Code, they constitute the sole basis of the commercial relationship between the parties, and in this sense, the Advertiser is deemed to accept them without reservation.

As these T&Cs may be subject to subsequent modifications, the applicable version is the one in force on the date of subscription and/or renewal of the subscription.

Article 1 – Services Offered

1.1 APOENA offers hosting, publication, and promotion services on its Site for real estate rental listings.

1.2 As part of these services, the Advertiser has access to a dedicated interface with various features, which may be modified and evolved, allowing them in particular to:

manage their listings (publish, activate/deactivate, modify (except in case of automated submission), delete and access consultation statistics);
enter and update the information appearing on their public presentation page (including company name, legal form, share capital, SIREN number, type of activity, telephone number, contact email for receiving notifications, online listings);
access billing information and download invoices;
enter and update payment information;
enter and update information related to their login method;
exchange messages with other site users;
cancel their subscription/delete their account;
modify their subscription.

It is expressly agreed that these features may be updated and evolved, without the Advertiser being able to make any claim and/or request payment of compensation.

Article 2 – Subscription to Services – Order, Contract and Subscription

2.1 To benefit from the services, the Advertiser must create an account on the Site, establish their public presentation page and, more generally, accept the Site's Terms of Service.

2.2 Once the Advertiser's account is created and validated, they benefit from a one-month trial period if they are a new user or 10 to 15 days if they are an existing user on December 20, 2025, during which access to services is free (see Article 9).

2.3 To continue to benefit from the services after the trial period, the Advertiser can select on the Site, at any time, the type of plan they wish to benefit from, according to the following methods:

via a subscription banner continuously located on the account homepage during the trial period or continuously on all pages of the site after this trial period;
via the "Subscription" page.

The different types of plans are as follows:

20 listings plan;
50 listings plan;
100 listings plan;
500 listings plan;
3000 listings plan.

Above 3000 listings, a customized subscription will be offered to the Advertiser.

The number of listings is understood as the maximum number of simultaneously active listings.

The Advertiser also chooses an engagement period that is monthly or annual.

2.4 Once the type of plan and the engagement period are chosen, the Advertiser clicks on the "Subscribe to Pro..." button according to the chosen subscription to open the page that allows them to enter their legal information, choose a payment method and enter the payment information.

They can validate the order via a "Continue" button. Finally, they finalize the addition of the payment method on the dedicated provider's site.

2.5 Before validating the order, the Advertiser has the possibility to verify the details of the chosen offer, the price terms and correct any errors before confirming their acceptance (article 1127-2 of the Civil Code), it being specified that any order constitutes acceptance of the prices and descriptions of the services offered.

It is the Advertiser's responsibility to verify the accuracy of the order and immediately report any errors.

2.6 The registration of an order on APOENA's site is completed when the Advertiser accepts these T&Cs by checking the box provided for this purpose and validates their order.

2.7 The advertiser has the option to subscribe to paid options to highlight their listings:

General rules:

The subscription of one or more paid option(s) is exclusively accessible to advertisers logged into their account from the website. A paid option is only subscribed for a single listing. Consequently, it is not possible to transfer the benefit of a paid option from one Listing to another. It is possible to subscribe to several paid options for the same Listing, whether simultaneously or not. The price of each paid option varies according to the type of option subscribed and the subscription duration. The pricing grid for paid options by category is available in the Prices section of the Terms of Service. Listings are classified on the website in list mode or in the sidebar in map mode in chronological order, based on the date and time of their publication. Consequently, any advertiser acknowledges and accepts that the presence at the top of the list or in the sidebar of their listing is only temporary.

Subscription Location and Time:

Paid options can be subscribed, by any advertiser logged into their account, from the website:

From the submission form when submitting a listing. Once the advertiser has clicked on the 'publish your listing' button at the end of the publication form, an options presentation page opens allowing the user to select the options and duration they wish. Once the plan type and engagement period are chosen, the Advertiser clicks on the 'Continue and proceed to secure payment' button to open the payment page where they must enter their legal information, choose a payment method and enter the payment information. They can validate the order via a 'Pay' button.
At any time during the publication of a listing, from the 'My listings' tab of the advertiser's account. Above each listing, a box allows choosing an option via an 'Activate' button. Once the advertiser has clicked on the 'Activate' button, an options presentation page opens allowing the user to select the options and duration they wish. Once the plan type and engagement period are chosen, the Advertiser clicks on the 'Continue and proceed to secure payment' button to open the payment page where they must enter their legal information, choose a payment method and enter the payment information. They can validate the order via a 'Pay' button.

Duration and effect of the paid option(s):

With the exception of the paid option "Bump to top immediately" valid once at the time of subscription, any other paid option is subscribed for 7 days, 14 days or 30 days. Upon early withdrawal of the listing (either by the advertiser or by La Carte des Colocs, particularly in case of abusive content), the paid option ceases to produce its effects. The modification of an account or a listing does not extend the duration of the subscribed paid option(s). The deletion of an account results in the deletion of all listing(s) attached to this account (same email address) and, consequently, of all paid option(s) subscribed for these listings, and does not give any right to refund or compensation, which the advertiser acknowledges and accepts.

Description of paid options:

Immediate or daily bump to top

This paid option comes in four forms:

Immediate bump to top:
The publication date of the listing will be reset to 0, allowing it to bump to the top of the list in list mode and the sidebar in map mode, as if it had just been published, once from the subscription to this option. It is only available via a dedicated button at minimum the day after the listing was submitted on the My listings page.

Daily bump to top for 7 days:
The publication date of the listing will be reset to 0, allowing it to bump to the top of the list in list mode and the sidebar in map mode, as if it had just been published, on the website, each day for 7 days, from:

the day of the listing submission, if the subscription to this option is made at the time of listing submission;
the subscription to this option if it does not take place on the day of the listing submission, but during its publication period.

A subscription confirmation email will be sent on the day of the option subscription to confirm it to the advertiser. Another email will be sent 3 days before the end of the option to inform the advertiser of the imminent deadline. Finally, a last email will be sent on the day the option ends to inform the advertiser of the end of the option's effects.

Daily bump to top for 15 days:
The publication date of the listing will be reset to 0 allowing it to bump to the top of the list in list mode and the sidebar in map mode, as if it had just been published, on the website, each day for 15 days, from:

the day of the listing submission, if the subscription to this option is made at the time of listing submission;
the subscription to this option if it does not take place on the day of the listing submission, but during its publication period.

Daily bump to top for 30 days:
The publication date of the listing will be reset to 0 allowing it to bump to the top of the list in list mode and the sidebar in map mode, as if it had just been published, on the website, each day for 30 days, from:

the day of the listing submission, if the subscription to this option is made at the time of listing submission;
the subscription to this option if it does not take place on the day of the listing submission, but during its publication period.

Highlighting in search results:

In map search mode, the listing will be highlighted with the addition of a rent price thumbnail above the dedicated marker on the map accompanied by a star. The listing marker has a specific color compared to other markers of non-highlighted listings. In the sidebar, a specific "Featured" banner is indicated on the listing which also has a specific color compared to other listings in the list.

In list search mode, the listing will appear in a special "Featured" box at the very top of the results for all searches corresponding to the appropriate search filters. In the list, a specific "Featured" banner is indicated on the listing which also has a specific color compared to other listings in the list.

Highlighting in search results each day for 7 days:
The listing will be highlighted in list mode and map mode, on the website, each day for 7 days, from the subscription to this option.

Highlighting in search results each day for 15 days:
The listing will be highlighted in list mode and map mode, on the website, each day for 15 days, from the subscription to this option.

Highlighting in search results each day for 30 days:
The listing will be highlighted in list mode and map mode, on the website, each day for 30 days, from the subscription to this option.

Display in email notifications:

A preview of the listing will be injected at the bottom of emails sent to users searching whose search corresponds to the search filters in the listing's area. This includes both daily email alerts with newly published listings and notifications sent after each new message received on the site.

Display in email notifications each day for 7 days:
The listing will be displayed in several emails, received by users searching for a property in the listing's area, each day for 7 days, from the subscription to this option.

Display in email notifications each day for 15 days:
The listing will be displayed in several emails, received by users searching for a property in the listing's area, each day for 15 days, from the subscription to this option.

Display in email notifications each day for 30 days:
The listing will be featured in several emails, received by users searching for a property in the listing's area, each day for 30 days, from the subscription to this option.

Global promotion:

The listing benefits from all paid options at the same time.

Global promotion for 7 days:
The advertiser benefits for 7 days from the subscription of this option, for their listing:

a daily bump to the top of the list based on the date and time the listing was published;
highlighting in search results;
display in email notifications.

Global promotion for 15 days:
The advertiser benefits for 15 days from the subscription of this option, for their listing:

a daily bump to the top of the list based on the date and time the listing was published;
highlighting in search results;
display in email notifications.

Global promotion for 30 days:
The advertiser benefits for 30 days from the subscription of this option, for their listing:

a daily bump to the top of the list based on the date and time the listing was published;
highlighting in search results;
display in email notifications.

Global promotion is subscribed for one single listing, either from the submission form when submitting a listing, or from the My listings tab of the advertiser's account at any time during the publication of a listing.

Listings eligible for global promotion are all listings published on the website.

Article 3 – Electronic Signature

3.1 The online provision of the Advertiser's bank details and the final validation of the order will serve as proof of the Advertiser's agreement and will constitute:

enforceability of amounts due under the contract;
signature and express acceptance of all operations performed.

3.2 In case of fraudulent use of their bank details, the Advertiser is invited, upon discovery of such use, to contact APOENA.

Article 4 – Confirmation of Order and Contract

4.1 The processing of the order and its validation are confirmed by the sending of an email by APOENA.

4.2 Once confirmed and accepted by APOENA, under the conditions described above, the order cannot be cancelled, except in cases of force majeure.

4.3 In certain cases, particularly non-validation of the payment method, incorrect address or other problems on the Advertiser's account, APOENA reserves the right to block the contract from taking effect until the problem is resolved.

4.4 In case of impossibility of performing the service, the Advertiser will be informed by email.

4.5 APOENA reserves the right to cancel or refuse any order from an Advertiser with whom there is a dispute relating to the payment of a previous order.

Article 5 – Proof of Transaction

The computerized records, kept in APOENA's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 6 – Right of Withdrawal

As the Advertiser is a professional acting within the framework and for the needs of their profession, and unless otherwise provided by law, the right of withdrawal provided for by the Consumer Code does not apply.

Article 7 – Engagement Period

7.1 When selecting the plan, the Advertiser chooses the desired duration of service performance.

At their choice, the Advertiser can benefit from a subscription for a period of:

thirty (30) days;
one (1) year.

7.2 At the end of this initial period, the subscription is renewed by tacit renewal for a period equal to the initial period, unless terminated by one of the parties in compliance with the notice period defined in 7.3.

7.3 Each party may terminate the contract by right, provided that, before the expiry date of the initial contract period or any renewal period, a notice period of:

48 hours in case of monthly subscription;
1 week in case of annual subscription.

Termination is done by clicking on the dedicated button from the "Subscription" page.

Termination of an annual subscription results in a warning appearing showing the monthly payments remaining due until the deadline.

7.4 Termination is confirmed electronically by APOENA.

Article 8 – Pricing

8.1 The services offered by APOENA are provided at the rates in effect, as listed on the Site, at the time of order registration. Prices are expressed in euros and excluding VAT. They will be increased by the applicable VAT rate.

8.2 Prices are set according to the number of simultaneously active listings, during the same month and the engagement period chosen by the Advertiser.

8.3 In the event that the number of listings included in the plan chosen by the Advertiser is exceeded, the 'Publish a listing' button disappears and a message will open on the account homepage and/or an email notification will be sent to the Advertiser to allow them to subscribe to the higher plan.

8.4 The Advertiser may benefit from price reductions, discounts and rebates, under the conditions and according to the terms described by APOENA in its pricing policy.

8.5 Prices are firm and non-revisable during their validity period, APOENA reserving the right, outside this validity period, to modify prices at any time.

8.6 The absence of listing publication, during the engagement period, does not constitute grounds for reduction and/or exemption from monthly payment and/or early termination of the contract.

Article 9 – Free Trial Period

9.1 A one-month trial period is offered, systematically, to the Advertiser (if they are a new user on December 20, 2025, 10 to 15 days if they are an existing advertiser). During this period, the Advertiser may publish an unlimited number of active listings up to 3000.

9.2 During or at the end of this trial period, the Advertiser may decide not to convert their trial into a paid subscription. They may continue to access their account but all features will be unusable.

Article 10 – Payment Terms and Late Payment Interest

10.1 Payment of amounts due under the contract may be made by:

direct debit attached to a SEPA mandate;
credit card debit;
PayPal debit (from Q1 2026).

In case of SEPA bank direct debit, it is the Advertiser's responsibility to transmit the direct debit mandate to their bank in a timely manner.

10.2 Services are billed monthly according to the chosen subscription and payable in advance. The invoice is issued electronically and transmitted to the Advertiser via their user account, which they expressly accept.

10.3 The Advertiser may, at any time, update their payment methods on their personalized space.

10.4 In case of non-compliance with the payment deadline and without prejudice to all its other rights, including suspension or termination of the contract and/or services, APOENA may require the payment of daily late payment interest. This interest will be due by right from the invoice due date until the day all amounts due have been paid. This late payment interest will be calculated at the interest rate applied by the ECB to its most recent refinancing operation plus 10 percentage points. This interest will continue to accrue on all amounts due, notwithstanding the expiry or termination of the contract for whatever reason.

The Advertiser will also be liable for the fixed compensation provided for in Article L 441-6 of the Commercial Code.

10.5 By derogation from Article 1342-10, paragraph 1 of the Civil Code, it is expressly provided that in the event that several invoices are due and the Advertiser makes a partial payment, APOENA will be free to allocate said payment as it sees fit, any allocation possibly indicated by the Advertiser being purely and simply ineffective.

10.6 APOENA reserves the right to request a security deposit from the Advertiser or any other form of payment guarantee (or an increase in the guarantee already issued) in case of payment incidents, substantial change in financial situation or in case of significant and/or additional orders or use of services.

Article 11 – APOENA's Obligations

11.1 Without prejudice to Article 13, APOENA undertakes to publish on the Site the real estate listings published by the Advertiser via the manual publication form and/or transmitted by the Advertiser via an automated listing feed.

In case of transmission of listings via an automated feed, the Advertiser undertakes to personally ensure the compliance and compatibility of any software, and more generally any process and/or equipment, used for the transmission of data to the standards defined by APOENA. APOENA cannot be held liable in any way in case of incompatibility and/or impossibility of publishing listings by this means.

11.2 APOENA will make its best efforts to provide the Advertiser with access to the Site and their personalized space seven days a week and 24 hours a day, in particular to manage their account and listings; however, APOENA reserves the right to suspend and/or close access to the server in order to ensure the maintenance of the hardware and software necessary for the operation of the Site. In such a case, APOENA will make its best efforts to limit the inconvenience caused and in particular the duration and consequences of maintenance operations.

Except in emergencies, APOENA undertakes to inform the Advertiser at least 24 hours in advance of any interruption of access to the Site, caused by it or of which it may be aware, and to make its best efforts to ensure that maintenance operations are carried out between 9pm and 6am.

In case of malfunction and/or incident noted by the Advertiser, the latter may inform APOENA by contacting customer service by email at [email protected]. Following a report, APOENA undertakes to intervene as soon as possible to restore the Site's features.

11.3 The Advertiser acknowledges that the provision and continuity of services depend on external factors (telecommunications operators in particular). As such, APOENA cannot be held liable in case of service interruption for external reasons, and in particular due to third-party providers.

Article 12 – Advertiser's Obligations

12.1 Without prejudice to the provisions of the Terms of Service, the Advertiser undertakes to provide APOENA with all legal information relating to their identification.

12.2 In order to facilitate the proper performance of services, the Advertiser undertakes:

to provide APOENA with complete, verified, reliable and accurate information and documents, within the necessary timeframes, without being required to verify their completeness or accuracy;
to verify that they have all the necessary rights to proceed with the publication of the listing and more specifically its content;
to designate a correspondent with decision-making power;
to directly warn APOENA of any difficulty relating to the performance of services.

12.3 They also undertake to communicate all useful and necessary information for the publication of listings on the Site. This information is specified in the manual publication form as well as in the technical document relating to the integration of automated listing feeds.

12.4 The Advertiser undertakes to write, publish, manage, modify and delete their listings under their sole responsibility, without recourse against APOENA which is only responsible for hosting the listings, which they acknowledge and expressly accept.

As such, the Advertiser is solely responsible for the content, quality and/or legality of the listings. They undertake to indemnify APOENA against any complaint, action and/or proceeding related to the content and legality of the listings and to compensate for any type of damage resulting therefrom, including costs incurred for their defense.

Article 13 – Suspension of Access to Personalized Space and Listings

13.1 APOENA reserves the right to suspend access to the Advertiser's personalized space if they contravene legal and/or regulatory provisions, the Terms of Service and/or these T&Cs as well as in case of suspicion of fraudulent use of the account.

13.2 APOENA also reserves the right to refuse the publication of certain listings that would contravene legal and/or regulatory provisions, its Terms of Service, would not present sufficient mandatory information or would be considered identical to other listings by the same Advertiser; however, within the framework of the services, APOENA does not bear any obligation to verify the content or consistency of the listings posted by the Advertiser.

13.3 APOENA automatically deactivates the Advertiser's personalized space if they have not logged into it for a month.

Article 14 – Intellectual Property

14.1 APOENA's Elements

APOENA is the exclusive holder of intellectual property rights relating to the Site, its content and/or its structure and in particular to the texts, images, drawings, graphics and any other element composing said Site. APOENA is the holder or beneficiary of a license to use the TIPIS, LA CARTE DES COLOCS and LA CARTE IMMOBILIERE trademarks.

All elements composing it, including its architecture, graphic charter, domain names, texts, comments, photos, videos, trademarks, graphics, concept, illustrations, images, databases and all other distinctive signs, appearing on the site www.lacartedescolocs.fr are protected by national and international legislation in force on intellectual property, for which APOENA or its licensors hold rights (copyright, neighboring rights, database producer rights). No use of this content and intellectual property rights is authorized without the prior written and express consent of APOENA.

As such, the Advertiser acknowledges and accepts that access to the Site and their account does not entail any transfer of intellectual property rights (rights to trademarks or copyrights in particular) and other rights to their benefit.

Any use, reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is prohibited, without the prior written authorization of APOENA, and would constitute infringement under articles L.335-2 and following of the Intellectual Property Code.

The use and reproduction without prior written authorization of distinctive signs, such as trademarks registered by APOENA, company names, trade names, signs, domain names are prohibited, and could constitute infringement, an act of usurpation, unfair competition or parasitism.

Furthermore, pursuant to articles L.342-1 and following of the Intellectual Property Code, APOENA is a database producer. Consequently, the Advertiser or any user is prohibited from:

Extracting by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content or listings of the website to another medium, by any means and in any form whatsoever;
Reusing all or a qualitatively or quantitatively substantial part of the content or listings of the website by making it available to the public;
Extracting or reusing repeatedly or systematically qualitatively or quantitatively non-substantial parts of the content and listings of the website when these operations manifestly exceed normal conditions of use of the website;
Commercially exploiting their access rights to the website with third parties.

Finally, the Advertiser undertakes to inform APOENA without delay of any infringement of the latter's intellectual property rights that they may discover under this clause.

14.2 Advertiser's Elements

The Advertiser grants APOENA the right to use their name, image, title, distinction, logos and trademarks, for the duration of the contract and solely for the purposes of performing the services. This right of use includes the right to reproduce the name, image, title, distinction, logos and trademarks of the Advertiser on the Advertiser's public presentation page, within the listings, on the Site and on social networks.

In particular, the Advertiser authorizes APOENA to reproduce the listings and all the elements they contain (images, texts, etc.)

The Advertiser declares that they hold all intellectual property rights necessary for the publication of content they publish on APOENA's site and that nothing prevents their concession to APOENA. The Advertiser guarantees to APOENA that none of the elements they provide to APOENA for publication on the Site infringes the rights of third parties. The Advertiser also guarantees that APOENA does not need to obtain any other licenses, assignments or concessions of intellectual property rights of any kind for the use, in accordance with the purpose of the contract, of the content and elements they publish via the site.

As such, the Client indemnifies APOENA against any action based on the rights of third parties including in particular infringement and parasitism actions. Where applicable, the Advertiser undertakes to bear all costs (such as costs of defending their rights) damages and interest to which APOENA could be sentenced by a court decision, as well as all commitments stipulated within a settlement agreement.

Article 15 – Limitation of APOENA's Liability

15.1 APOENA is a service provider whose services aim to facilitate the promotion of the Advertiser's real estate properties and the connection with users. The services offered by APOENA consist of providing a tool allowing the publication of listings. As such, APOENA only bears an obligation of means, to the exclusion of any obligation of result; in particular, APOENA does not guarantee effective connection with people and/or effective completion of the rental. Its liability cannot be engaged, in any way whatsoever, in the relations, exchanges, agreements that have taken place between the Advertiser and the users.

15.2 APOENA cannot be held liable by the Advertiser's agent clients. As such, the latter undertakes to personally handle and indemnify APOENA against any dispute or challenge that may arise in relations with their clients, particularly regarding the use, reproduction, display, transmission, publication of any type of information and/or content concerning the real estate properties subject to the listings.

15.3 APOENA's liability cannot be engaged for any interruption of services and/or the website for technical reasons and in particular maintenance operations or resulting from an attack and/or computer hacking.

15.4 APOENA's entire liability, relating to any breach, negligence or fault noted during the performance of services, will be capped at the amount paid for services performed during the 6 months preceding the date on which the damage occurred, to cover claims of any nature (interest and costs included), regardless of the number of actions, grounds invoked, or parties to the disputes.

APOENA's liability can only be engaged in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damage, of any nature whatsoever.

APOENA and its insurers do not respond to indirect damages, nor to loss of profit or loss of opportunity or expected profits, nor to loss of clientele and/or commercial disruption, nor to the financial consequences of actions possibly brought by third parties against the Advertiser.

APOENA is also exempted from any liability in case of negligence and/or non-compliant use of the Site and services.

Article 16 – Complaints

All complaints, whether amicable or judicial, relating to the performance of services must be made within one year from the end of the service performance.

Article 17 – Early Termination

17.1 Breach by a party of its obligations

In case of sufficiently serious non-performance of any of the obligations incumbent on the other party, fraud or criminal offense, the aggrieved party may notify by registered letter with acknowledgment of receipt to the defaulting party, the faulty termination hereof, 8 days after receipt of a formal notice to perform that has remained unsuccessful, pursuant to the provisions of article 1224 of the Civil Code.

The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act and must obligatorily mention the intention to apply this clause.

17.2 Advertiser's payment default

In case of non-compliance by the Advertiser with their payment obligation provided for in Article 10, the contract may be terminated by operation of law at APOENA's discretion.

In accordance with article 1344 of the Civil Code, it is expressly agreed between the parties that the debtor of an obligation to pay under these terms will be validly put on notice by the mere enforceability of the obligation.

17.3 Effects of termination

The services exchanged between the parties having found their usefulness as the reciprocal execution of these proceeds, they will not give rise to restitution for the period prior to the last service not having received its counterpart, in accordance with the provisions of article 1229 of the Civil Code.

In case of termination at the fault of the Advertiser, the termination hereof will result in particular in the following consequences:

the Advertiser will be liable for all invoices issued, according to the terms provided for in Article 10;
monthly payments possibly remaining due under the subscription will become immediately due;
APOENA will cease to publish the Advertiser's listings and will permanently delete their account.

Article 18 – Force Majeure

The parties cannot be held liable for any failure to fulfill any of their obligations under the contract that would result from the occurrence of a force majeure event, as defined by the case law of French courts.

Force majeure cases include any act, event beyond the control of the parties and include in particular, but not limited to, strikes, civil disturbances, riots, terrorist attacks or threats of terrorist attack, wars, fires, explosions, storms, floods, earthquakes, epidemics, health crises, or other natural disasters, inability to normally use telecommunications networks, acts, legislation, regulations or restrictions of all governments.

The party wishing to invoke a case of force majeure must notify the other party by registered letter with acknowledgment of receipt as soon as it becomes aware of it, and no later than within eight (8) calendar days from the occurrence of said event.

To the extent that such circumstances continue for a period of more than thirty (30) days from the notification, the contract may be terminated by either party.

Article 19 – Confidentiality

19.1 Each party is prohibited from communicating to any person other than executives, directors, employees or representatives of a party who need to know said confidential information for the purposes of negotiating, signing and executing this contract, directly or indirectly, all or part of the confidential information of any nature, commercial, industrial, technical, financial, which has been communicated to them by the other party, or of which they may have become aware during the execution of the contract. Any communication of information by either party must be subject to authorization from the other party. Information that, through no fault of one of the parties, is in the public domain is not confidential information.

19.2 Each party undertakes to inform all its representatives of the private nature of confidential information and to order these persons to treat them in accordance with the stipulations of this article.

19.3 The parties are authorized to disclose confidential information by order of a Court or duly authorized administrative agency, upon request or demand from a duly authorized regulatory agency or authority, or pursuant to any regulation thereof, to the extent reasonably required in the exercise of a remedy hereunder, to legal counsel or independent auditors of a party, to subcontractors of either party, and to any authorized assignee hereunder, provided that such assignee agrees in writing to be bound by the provisions of this article.

19.4 Each party thus undertakes in its own name, as well as that of its collaborators, to consider as confidential, during the term of the contract and after its expiration within the limit of 3 (three) years, documents, systems, software, know-how, formulas, information or data of any kind from the other party of which they may have become aware during the execution of this contract, and must not disclose them to any third party or use them outside the needs of this contract.

Article 20 – Personal Data

Each party undertakes to comply with the regulations applicable to the protection of personal data, including the General Data Protection Regulation No. 2016/679 (the "GDPR") and Law No. 78-17 known as the "Data Protection Act" as amended.

Furthermore, the Advertiser declares that they are informed and that they have informed their employees that, in the context of the performance of the contract, APOENA will process their data.

On one hand, APOENA is the data controller of user data for the purposes described in its privacy policy.

On the other hand, APOENA will collect and process personal data of employees and other agents (names, first name, quality, contact details, in particular), as data controller for the following purposes.

The processing of this data is necessary:

for compliance with legal obligations incumbent on each of the Parties (contract management, billing follow-up, etc.);
for compliance with contractual obligations (maintenance, support);
for the purposes of the legitimate interests pursued:
- Provide a secure solution (identifier, password, logging);
- Monitor the quality of relations with its partners (improve their collaboration);
- Develop its activity by sending emails about its activity.

APOENA may also use the personal data of the Advertiser's employees and agents for further purposes compatible with that which justified the collection such as litigation management, the conduct of internal audits whether, for example, in the context of the optimization of its activity, its legal compliance or any restructuring operation of its activity and/or its network.

Depending on the purposes, the data is intended for:

APOENA's internal departments concerned (commercial, communication, accounting, etc.);
APOENA's subcontractors providing the tools and/or ensuring the services necessary for the purposes defined above and in particular, without this list being exhaustive, data hosting services (Amazon Web services EMEA SARL - Github Inc - OVH - DNSimple Corporation - Google Cloud France SARL - Twilio Ireland Ltd - BrowserStack Inc. - Netim - Docker Inc. - Hosteur SA), consulting, accounting services (Cabinet Exaltys), legal services (El Fath Avocats - Céline Aubert), mailing software publishers (Proton AG), CRM, business management (ERP), marketing (Canva Pty Ltd).

The Parties may transfer data outside the territory of the European Union but undertake to ensure that such transfers are governed by appropriate safeguards, in accordance with Article 46 of the GDPR and that data subjects have enforceable rights and effective legal remedies.

Persons whose data is collected have a right of access, opposition or rectification of the data concerning them, limitation of processing and to define general or particular guidelines, relating to the conservation, deletion and communication of their personal data after their death, which the Advertiser undertakes to indicate to their employees.

The existence or not of these different rights depends in particular on the legal basis of the processing concerned by the request. However, it should be noted that these rights are not unlimited.

Within the framework of the services, the Advertiser may access the data of private users. They undertake to respect the Data Protection Regulations with regard to this data and in particular (i) to provide the information required under Article 14 of the GDPR to the data subjects, (ii) to ensure that persons authorized to process this personal data respect its confidentiality or are subject to an appropriate legal obligation of confidentiality, (iii) to take the security measures required under Article 32 of the GDPR, which may be updated during the performance of the Contract (iv) to respect the principle of limitation of data retention periods and (v) to respect the rights of data subjects.

Article 21 – Severability Clause

In the event that any of the clauses of these T&Cs should be considered inapplicable or null and void by a change in legislation, regulation or by a court decision, this provision will be detached from the rest of the conditions, which will remain fully in force.

Article 22 – Waiver

The delay or failure to exercise, by APOENA, of a power, right or remedy under these T&Cs shall not be construed as a waiver of said power, right or remedy. Similarly, a single or partial exercise of a power, right or remedy shall not prevent a new or complementary exercise thereof.

Article 23 – Applicable Law - Jurisdiction

23.1 These T&Cs and the operations resulting therefrom are governed by French law. They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

23.2 ALL DISPUTES ARISING FROM THE CONTRACT BETWEEN APOENA AND THE ADVERTISER, AND THE AGREEMENTS RESULTING THEREFROM, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND FOLLOW-UP SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE JUDICIAL COURT OF STRASBOURG.

Article 24 – Advertiser's Acceptance

These T&Cs are expressly approved and accepted by the Advertiser, who declares and acknowledges having full knowledge thereof, and waives, therefore, the right to rely on any contradictory document and, in particular, their own general terms and conditions of purchase, which will be unenforceable against APOENA, even if it has knowledge thereof.

They acknowledge having the capacity to contract with APOENA.

APOENA Service Contact: [email protected]

Publication Date: December 20, 2025