General Terms and Conditions of Sale

Last updated: June 2026

1. Subject matter and definitions

1.1 Subject matter

These General Terms and Conditions of Sale (hereinafter "GTC") govern the contractual relationship between:

The Provider: Mr. Mitaine Yves, residing at ------µ-----, France, registered in the Limoges Trade and Companies Register under number 44018640100038, acting as a sole trader (hereinafter "the Provider" or "Tilteur").
The Customer: any legal entity or individual entrepreneur subscribing to a paid subscription on the Tilteur platform (hereinafter "the Customer").

1.2 Definitions

"Platform": the online service accessible at https://tilteur.com and its subdomains.
"Service": all software features made available to the Customer by subscription.
"Customer Data": all information, content and data entered or imported by the Customer on the Platform.
"User": any natural person authorised by the Customer to access the Service.

2. Service description

2.1 Nature of the Service

Tilteur makes available to the Customer an online SaaS (Software as a Service) platform for creating interactive games (quizzes, tests, surveys), hosted by the Provider.

2.2 Included features

The available features depend on the subscription plan taken out, as detailed on the "Subscription" page. The Provider reserves the right to evolve the features, subject to 30 days' prior notice.

2.3 Usage limits

The Customer undertakes to use the Service in accordance with these GTC and applicable legislation. In particular, the following are prohibited:

Using the Service for illegal, fraudulent purposes or in a way that infringes the rights of third parties;
Attempting reverse engineering, decompilation or unauthorised access to the source code;
Setting up automated mechanisms (bots, scrapers) without prior authorisation;
Reselling, sub-licensing or renting the Service to third parties.

2.4 Service evolution

The Provider may modify, suspend or discontinue certain features, subject to:

30 days' prior notice by email;
Offering an equivalent alternative or a proportional price adjustment.

3. Subscriptions and pricing

3.1 Plans

The available plans, their features and pricing are detailed on the "Subscription" page. Prices are stated in euros inclusive of tax. VAT not applicable, Article 293 B of the French General Tax Code.

3.2 Price changes

The Provider reserves the right to modify its pricing. Any price increase will be notified by email 30 days before it takes effect. The Customer may cancel their subscription free of charge before the effective date of the change.

For annual plans, the rate in force at the time of subscription is guaranteed until the end of the current annual period. Any price change takes effect only from the renewal following notification.

4. Order and payment

4.1 Subscription

Any subscription to a paid plan constitutes express and unreserved acceptance of these GTC. The Customer warrants that they are authorised to bind the legal entity or company they represent.

4.2 Payment

Payment is made by credit card via our secure payment provider [Stripe/PayPal/etc.]. The Customer expressly authorises automatic debiting at each due date.

4.3 Automatic renewal

The subscription renews automatically at each due date (monthly or annual depending on the chosen plan), unless cancelled by the Customer in accordance with Article 6.

4.4 Non-payment

In the event of non-payment or rejected transaction:

A reminder is sent by email;
If not resolved within 7 days, the Provider reserves the right to suspend access to the Service without compensation;
If the situation persists beyond 30 days, the Provider may terminate the subscription by operation of law.

5. Term and renewal

5.1 Initial term

The subscription is entered into for an initial period depending on the chosen plan:

Monthly plan: 1 month;
Annual plan: 12 months.

5.2 Tacit renewal

At the end of the initial period, the subscription is tacitly renewed for successive periods of the same duration, unless terminated in accordance with Article 6.

6. Termination

6.1 Termination by the Customer

The Customer may cancel their subscription at any time from their account area. Cancellation takes effect at the end of the current period. No pro-rata refund is granted.

6.2 Commercial refund guarantee

The Provider offers the Customer a full commercial refund guarantee within 14 days of the first payment, upon simple request by email. This guarantee is without prejudice to applicable legal rights. After this period, no refund is possible, including for automatic renewals.

6.3 Termination for breach

The Provider may terminate the subscription by operation of law, without compensation or refund, in the event of:

Failure by the Customer to comply with these GTC;
Fraudulent or abusive use of the Service;
Infringement of the Provider's intellectual property rights;
Persistent non-payment following formal notice.

Termination for breach takes effect immediately upon notification by email.

7. Intellectual property

7.1 Ownership of the Service

The Service, the Platform, their architecture, source code, design and all elements comprising them are the exclusive property of the Provider. No provision of these GTC shall be interpreted as a transfer of intellectual property rights.

7.2 Licence of use

The Provider grants the Customer a non-exclusive, non-transferable and revocable licence to use the Service, strictly limited to the Customer's internal business use, for the duration of the subscription.

7.3 Restrictions

Any reproduction, representation, modification, publication, adaptation or exploitation, in whole or in part, of the Service is strictly prohibited without the Provider's prior written authorisation.

7.4 Ownership of Customer Data

The Customer remains the owner of the Customer Data they create, import or enter on the Platform. The Provider acquires no proprietary rights over such data.

8. Data and confidentiality

8.1 Processing of Customer Data

The Provider acts as data controller for personal data collected via the Platform (registration forms, account settings). The data collected is strictly necessary for the provision of the Service.

8.2 Purposes and retention

Data is collected for the following purposes:

Customer account and subscription management;
Provision and personalisation of the Service;
Service-related communications (updates, security alerts);
Compliance with legal and regulatory obligations.

Data is retained for the duration of the subscription and, after termination, for a period of 12 months for evidentiary purposes and compliance with legal obligations, then securely deleted.

8.3 No sharing

The Provider undertakes not to share, sell, rent or transmit Customer Data to third parties, except:

Legal or regulatory obligation;
Substantiated judicial or administrative request;
Technical sub-processors strictly necessary for the hosting and maintenance of the Service (subject to GDPR-compliant sub-processing agreements).

8.4 Security

The Provider implements appropriate technical and organisational measures to ensure the security, integrity and confidentiality of Customer Data, including:

Encryption of data in transit (HTTPS/TLS);
Secure access authentication;
Regular backups;
Restricted access to authorised personnel.

8.5 Data subjects' rights

In accordance with Regulation (EU) 2016/679 (GDPR), the Customer and Users have the following rights:

Right of access, rectification and erasure;
Right to restriction of processing;
Right to data portability;
Right to object on legitimate grounds.

These rights are exercised by email at: mitaineyves@artepdev.com, accompanied by a copy of an identity document.

8.6 Hosting

The Service is hosted by Hostinger, located in France — Paris. The Provider ensures that any sub-processor offers sufficient GDPR compliance guarantees.

8.7 Data return

Upon cancellation of the subscription, the Customer may request the return of their Customer Data in a standard format (JSON, CSV) within 60 days of cancellation. During this period, access to the Service is maintained in read-only mode to allow data export. This period may be extended upon request sent to mitaineyves@artepdev.com. After this period, the data will be permanently deleted, subject to legal retention obligations.

8 bis. Data Processing Agreement (DPA)

8 bis.1. Roles of the parties under the GDPR

For the personal data that the Customer collects via their Shopify, PrestaShop, WordPress or any other connected sales channel concerning their own end customers, and which is transmitted to the Platform via the connectors (hereinafter 'End-User Data'), the parties agree as follows:

The Customer (merchant) is the data controller within the meaning of Article 4(7) of the GDPR;
The Provider (Tilteur) is the data processor within the meaning of Article 4(8) of the GDPR.

This data processor status applies solely to End-User Data transmitted via the Shopify, PrestaShop, WordPress or any other connected sales channel connectors. For Customer account data (registration, billing), the Provider remains the data controller in accordance with Article 8.1 of these GTC.

8 bis.2. Data concerned and purposes

Data transmitted via the Shopify, PrestaShop, WordPress or any other connected sales channel connectors:

Customer identifier (customer_id);
End user's email address;
Game and quiz answers (in JSON data format);
Technical session identifier.

Purposes of processing by the Provider:

Calculating and delivering game results;
Counting usage volume for billing purposes;
Temporary storage of results for display in the Customer's store.

The Provider processes this End-User Data solely on behalf of and on documented instructions from the Customer, via the connector configured by the Customer in the Shopify, PrestaShop, WordPress or any other connected sales channel connector backend.

8 bis.3. Provider's obligations as data processor

The Provider undertakes to:

a) Process End-User Data solely on documented instructions from the Customer, unless required to do so by applicable law. In the event of a conflict between the Customer's instructions and the law, the Provider shall inform the Customer, unless prohibited from doing so by law.

b) Ensure the confidentiality of persons with access to End-User Data. Access is limited to the sole data controller (Mr Mitaine Yves), except where technically necessary.

c) Implement the security measures described in Article 8.4 of these GTC (HTTPS/TLS encryption, restricted access, regular backups).

d) Not engage any sub-processor without the Customer's prior written authorisation. Sub-processors already authorised are:

Hostinger: data hosting (France — Paris).

Any new sub-processor will be subject to a contract ensuring compliance with the obligations of this article.

e) Assist the Customer in responding to requests to exercise the rights of data subjects (access, rectification, erasure, portability), insofar as possible and taking into account the nature of the processing. The Customer may request the export or deletion of End-User Data by email at mitaineyves@artepdev.com.

f) Assist the Customer in ensuring the security of processing and the notification of personal data breaches, insofar as possible.

g) Delete or return End-User Data at the end of the contract, in accordance with the terms of Article 8.7 of these GTC. The Provider may retain data to the extent required by law.

h) Make available to the Customer all information necessary to demonstrate compliance with the obligations of this article. The Customer may request an audit with 30 days' notice, limited to 1 audit per year.

8 bis.4. Data breach notification

In the event of a personal data breach affecting End-User Data, the Provider shall notify the Customer within 24 hours of becoming aware of the breach, by email to the Customer's contact address. This notification shall include:

The nature of the breach;
The categories and approximate number of individuals concerned;
The measures taken or proposed to address the breach.

The Customer remains solely responsible for notifying the supervisory authority (CNIL) and the individuals concerned, in accordance with Articles 33 and 34 of the GDPR.

8 bis.5. Transfers outside the European Union

End-User Data is hosted in France (Hostinger, Paris). No transfer outside the European Union is made.

8 bis.6. DPA termination

Termination of the subscription entails termination of this data processing agreement. The obligations of Article 8 bis.3 (confidentiality, security, return/deletion) survive termination.

9. Availability and maintenance

9.1 Availability commitment

The Provider undertakes to ensure that the Service is accessible 99% of the time on a monthly basis, excluding scheduled maintenance periods and force majeure events.

If this threshold is exceeded due to unplanned downtime, the Customer automatically receives a subscription extension proportional to the excess downtime. The extension duration equals the unplanned downtime observed beyond the permitted threshold (i.e. 7 hours 18 minutes per 30-day calendar month). It is automatically applied at the next renewal of the current subscription, without any action required from the Customer, and notified by email within 7 days following the end of the month concerned.

9.2 Scheduled maintenance

Maintenance operations may cause temporary unavailability. The Provider endeavours to schedule these operations outside peak hours and notifies the Customer by email or via the Platform with a minimum of 48 hours' notice.

9.3 Backups

The Provider carries out regular backups of Customer Data. In the event of data loss attributable to the Provider, the Provider undertakes to restore the data within a reasonable timeframe.

10. Liability

10.1 Provider's liability

The Provider is subject to a best-efforts obligation in providing the Service. The Provider's liability can only be incurred in the event of proven fault.

10.2 Liability exclusions

The Provider shall not be liable for:

Indirect damages (loss of profits, loss of data, business interruption);
Use of the Service by the Customer in breach of these GTC;
Temporary unavailability of the Service due to external causes (network outages, force majeure, scheduled maintenance);
Content and data entered by the Customer or third parties.

10.3 Cap on liability

The Provider's overall liability for all cumulative direct damages arising from simple negligence is expressly limited to the total amount paid by the Customer during the 12 months preceding the event giving rise to the damage.

Exceptions to the cap. This limitation of liability does not apply in the event of:

Gross negligence : a material breach of an essential contractual obligation rendering the main purpose of the contract impossible or very difficult to achieve;
Fraudulent misrepresentation : a deliberate intent to cause harm or to deceive the Customer;
Fraud : an intentional act designed to mislead the Customer;
Personal injury : bodily injury, disability or death caused by the Provider.

The Provider declares that it holds professional liability insurance (PL insurance) for damages exceeding the above cap, subject to the terms and conditions of the insurance policy in force. The Customer may request a copy of the insurance certificate upon simple written request.

10.4 Force majeure

The Provider shall not be liable for non-performance or delay in the performance of its obligations due to a force majeure event, as defined by Article 1218 of the French Civil Code (strikes, floods, pandemics, major cyberattacks, etc.).

11. Amendment of the GTC

11.1 Principle

The Provider reserves the right to amend these GTC at any time, in particular to take account of legislative developments or changes to its offerings.

11.2 Notification

The Customer will be informed of amendments by email or by notice on the Platform at least 30 days before they come into force. In the absence of objection by the Customer before that date, the new GTC will be deemed accepted. The Customer may cancel their subscription free of charge before the effective date of the amendments.

12. Governing Law and Language

12.1 Applicable law

These GTC are governed by French law.

12.2 Mediation

In the event of a dispute, the parties undertake to seek an amicable solution beforehand. Failing agreement within 30 days, the dispute will be referred to the competent courts.

12.3 Competent jurisdiction

Any dispute relating to the interpretation or performance of these GTC will be submitted to the competent courts in the jurisdiction of the Provider's registered office, located in Limoges (87000), France.

12.4 Language and Prevailing Version

These General Terms and Conditions of Sale are originally drawn up in French. They have been translated into English for the convenience of international Customers. In the event of any discrepancy, contradiction, or ambiguity between the French version and this translated version, the French version shall prevail and shall be used as the sole reference for the interpretation of any dispute submitted to French jurisdiction.

The Customer acknowledges having had the opportunity to review the French version and accepts that the French text shall govern the contractual relationship with the Provider.

13. Miscellaneous provisions

13.1 Entire agreement

These GTC constitute the entire agreement between the parties and supersede all prior agreements, whether written or verbal, relating to their subject matter.

13.2 Partial invalidity

If one or more provisions of these GTC are held invalid or declared as such, the remaining provisions will retain their full force and effect.

13.3 Non-waiver

The Provider's failure to enforce a breach by the Customer of any of its obligations shall not be construed as a waiver of the right to enforce such breach in the future.

13.4 Assignment

The Customer may not assign these GTC without the Provider's prior written consent. The Provider may assign all or part of its rights and obligations to any third party of its choice, subject to notifying the Customer with 30 days' notice.

In the event of an assignment to a direct competitor of the Customer, the Customer shall have the right to terminate without fees within 30 days of notification of such assignment.

13.5 Notices

All notices between the parties shall be sent by email to the addresses provided in the Customer account or on the Platform. The Customer undertakes to keep their contact details up to date.