Terms of Use

Preamble

ATOA is a simplified joint-stock company with a share capital of 30,000 euros, registered with the Lyon Trade and Companies Register under number 914 449 103. Its registered office is located at 14 rue Sylvain Simondan, 69009 Lyon 9th arrondissement. ATOA is represented by Mehdi ZOUARI acting as President and can be contacted via email at: [email protected] and by phone at +33 1 83 64 35 06.

ATOA offers a service aimed at democratizing access to the real estate market in terms of building wealth, occupancy, and usage.

As part of its activities, ATOA publishes and operates a website at the following address: https://www.atoa.io/, where contributors can participate in financing real estate transactions, enabling them to receive royalties and track the progress of their investments.

ARTICLE 1. DEFINITIONS

In the context of these Terms of Use (CGU), the terms and expressions listed below, with the first letter capitalized, have the following meanings:

"ATOA": refers to the company ATOA, as defined in the preamble of these terms; "Contributeur" (Contributor): means any user, whether an individual or legal entity, private or professional, wishing to contribute to a Project on the Site; "Compte" (Account): refers to the interface containing all data related to the User, created under the conditions specified in the Terms of Use, accessible from the Site and allowing the User to access the Services; "Conditions Générales d’Utilisation" or "CGU" (Terms of Use): refers to these general terms of use applicable to Users when using the Site; "Contrat de Services" (Service Contract): refers to the contracts concluded between Contributors and ATOA, defining the conditions and terms of participation in the Operations offered on the Site; "Contribution": means the amount paid by a Contributor as part of an Operation in order to receive a Royalty; "Cryptoactif" (Cryptoasset): refers to any token, asset, or currency for which transactions are verified and records are maintained by a shared electronic registration system, such as blockchain, rather than by a centralized authority; "Fiche d’information" (Information Sheet): refers to the project presentation sheet detailing the characteristics of the real estate asset and available on the Site; "Identifiants" (Credentials): refers to the email address used by the User when creating their Account, as well as the confidential password allowing the User to access their Account; "Opération" (Operation): refers to the financing operation through revenue sharing of a Project covered by a Service Contract; "Part": refers to the fractional ownership of real estate assets available on the Site within Projects, enabling Contributors to receive Royalties; it is expressly agreed between the Parties that the term "Part" does not imply any legal qualification; "Projet" (Project): refers to any project for the acquisition or refinancing of a rental property by ATOA and published on the Site; "Redevance" (Royalty): refers to the sums, not guaranteed, received by the Contributor participating in an Operation on the Site; "Services": refers to the means and functionalities made available to Users by ATOA on the Site to enable them to participate in Operations on the Site; "Site": refers to the website published and operated by ATOA as part of its activities and available at the following address: https://www.atoa.io/, through which Users can access the Services. The Site includes all computer components (including software and IT developments and web pages, including source and object code programs, preliminary design work, specifications, and preliminary studies, as well as user documentation related to the use and operation of the website), graphic design (including projects, models, prototypes, and plans), infrastructure, as well as content (including texts, sounds, still or animated images, videos, and databases); "Utilisateur" (User): refers to any individual or legal entity browsing the Site, regardless of whether they create an Account, and who accesses and uses the Services

ARTICLE 2. OBJECT AND ENFORCEABILITY

The Terms of Use (CGU) aim to define the conditions and terms under which the Site and the Services are made available to Users.

Any connection to the Site and/or use of the Services is subject to compliance with the CGU, which are accessible at all times via a direct link on the Site. Any access to or use of the Site and/or Services implies simultaneous and unconditional acceptance of the CGU.

The CGU are systematically brought to the attention of Users to enable them to access and use the Services.

The CGU apply exclusively to any use of the Services and take precedence over any other conditions, except those expressly accepted by ATOA. Therefore, any other conditions are binding on ATOA only after its written confirmation.

IMPORTANT: NOTE TO USERS

ANY USE OF THE SERVICES IMPLIES EXPRESS, PRIOR, FULL, AND UNCONDITIONAL ACCEPTANCE OF THE CGU BY THE USER. BY BROWSING THE SITE OR USING THE SERVICES, THE USER ACKNOWLEDGES THAT THEY ARE BOUND BY ALL OF THE CGU.

ATOA encourages Users to read them carefully before starting to use the Site and recommends that they keep a printed version of the CGU applicable at the time of using the Services for their personal records.

ARTICLE 3. DESCRIPTION OF SERVICES

ATOA allows non-professional investors to financially participate in real estate financing operations by subscribing to Parts, in exchange for a share of the rental income generated by the property managed by ATOA.

ATOA undertakes to provide Users through the Site with the following Services:

Presentation of Projects; Contribution to Operations; Monitoring of Contributions; and Communication with customer support. The Services may be subject to modifications, changes, and/or updates by ATOA, both technically and functionally, at any time. These adaptations may be implemented without prior notice, agreement, or advance information to Users if they do not substantially alter the affected service and ensure Users receive at least an equivalent level of service.

In case of substantial modifications impacting essential functionalities, ATOA commits to informing Contributors in advance.

ARTICLE 4. ACCESS TO THE SITE AND SERVICES

It is not necessary to have an Account to browse the Site and view Projects online. However, to benefit from the Services, Users must create an Account on the Site.

To use the Services, Users must:

Have a computer, smartphone, and/or tablet connected to the internet; Access the Site; Have an internet connection; and/or Create an Account according to the procedures outlined below. The Site and Services are accessible only to a User as defined in these Terms of Use who complies with applicable regulations governing their activities.

Users acknowledge and expressly accept that the services offered by ATOA are commercial activities subject to legal, accounting, tax, and social norms inherent to all professional activities.

Users warrant that they have full legal capacity to register and use the Services, specifically:

For a natural person, to be of legal age; For a legal entity, to certify that they have all necessary rights to conclude these Terms on behalf of the legal entity; Not to be a competitor of ATOA and/or not to register and use the Services for the purpose of fraudulent competition against ATOA and/or to harm ATOA's interests; To be the holder of the payment method used to place the order; and That they act on their own behalf, are fully authorized to place the relevant orders, and use the corresponding payment methods, which provide access to sufficient funds to cover all costs resulting from the order. ATOA cannot be held responsible for registration and use of the Services by persons who do not meet the conditions specified in this article.

ARTICLE 5. ACCOUNT CREATION

5.1. GENERAL TERMS

To benefit from our Services and access all investment-related information, Users are required to create an Account on the Site.

To create an Account, Users are prompted to provide their full name and email address.

Once all required information is provided, Users will receive an email to validate their Account.

To access and contribute to Operations, Users are requested to provide additional information as specified on the Site.

To receive Royalties related to an Operation, Users must complete the Anti-Money Laundering and Counter-Terrorism Financing procedure.

Users wishing to access the Services should use their chosen identifier (email address) and password during registration to log into their Account.

User data provided to ATOA can be accessed at any time by the User from their Account under the 'Personal Information' tab. Only the User has access to their Account.

5.2. INFORMATION PROVIDED

ATOA reserves the right to verify the compliance of the information and documents provided to allow access to the Services.

Each User guarantees that the data and documents provided are sincere, accurate, and truthful, without any misleading elements. The User commits to providing a valid email address and phone number and ensures they are the sole holder of these.

The User agrees to provide true, accurate, up-to-date, and complete information, particularly regarding their identity, in accordance with Article 6-II of Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy (the 'LCEN' law). Consequently, the User agrees not to create a false identity that could mislead ATOA or third parties and not to impersonate another natural or legal person.

The User also agrees not to transmit information that could infringe on the rights of third parties (including the use of a family name, pseudonym, trademark registered by a third party, or works protected by intellectual property rights) and/or public order and morals.

It is the User's responsibility to communicate any changes to their personal information. To do this, the User must access their Account and update their data.

Since ATOA does not control the accuracy or reliability of the information provided by Users, it cannot be held responsible for the consequences resulting from the provision of incomplete or erroneous information.

In the event that the User provides false, inaccurate, erroneous, outdated, incomplete, misleading, or deceptive information, ATOA reserves the right to refuse access to the Site and/or Services to Users who do not comply with the conditions stated above. Furthermore, ATOA cannot be held liable for non-performance and/or partial performance of the Services related to the provision of such information.

5.3. Security of the Account

The Account is protected by identification elements, a login (email address), and a password.

If a User has lost or forgotten their password, they have a function on the Site that allows them to reset it by clicking on the "Forgot Password" tab.

The User's password is personal and confidential. The User agrees to ensure the confidentiality of their password. In this regard, the User is obligated to keep it secret and not to disclose it in any form whatsoever. The User assumes sole responsibility for all logins made using their login credentials and password.

ATOA encourages Users to use "strong" passwords, combining numbers, letters, and symbols, as well as uppercase and lowercase letters.

If any element of the login credentials is lost or stolen, the User must immediately inform ATOA, which will then cancel and/or update the affected login credentials.

The User must ensure, at the end of each session, that they have properly logged out of the Site, especially when accessing the Site from a public computer.

In case of suspected fraudulent use of their Account, the User must promptly notify ATOA at the following address: [email protected] so that appropriate measures can be taken to address the issue.

ATOA cannot be held responsible for identity theft and/or fraudulent use of an Account in the event of unauthorized, fraudulent, or abusive use or due to voluntary or involuntary disclosure by the User to a third party who accessed the Site using their login credentials. The User remains solely responsible for any use made of their Account by a third party who accessed the Services with their login credentials.

It is specified that in the event of a violation of these T&Cs by the User, ATOA may freely refuse to open an Account for the User concerned.

ARTICLE 6. CONTRIBUTION PROCEDURE

6.1. ACCESS TO PROJECT CATALOG

Any User with an Account has the ability to browse the catalog of available Projects on the Site. Each Project's characteristics and details about each Operation are accessible through the Project Information Sheet.

Information Provided The information available on the Site for each Project includes:

Location and Description of the Property: Detailed information about the property, including its address and specific features. Number of Contributors to the Operation: The current number of Users who have contributed to the Operation. Amount of Contributions Collected: The total amount of funds raised for the Project. Days Remaining to Participate in the Operation: The countdown showing the remaining time for Users to make their contributions. ATOA ensures that the information presented on the Project Information Sheets is accurate and verified.

6.2. PROCESS OF CONTRIBUTING TO OPERATIONS

The Contributor can participate in one or more rental property financing Operations by signing a Service Contract with ATOA.

Select a Project: The Contributor must visit the Project Information Sheet of the project they wish to invest in and indicate the number of Shares they wish to acquire.

Optional Anonymity: The Contributor has the option to make their investment anonymous, meaning their identity will remain confidential to other Users and Contributors, by checking the dedicated checkbox.

Confirming Investment: After specifying the number of Shares to acquire, the Contributor is invited to validate their order. The Contributor is free to choose the amount of their Contribution in multiples of fifty (50) euros.

Payment Methods The Contributor is then invited to choose their preferred payment method for contributing to the Operation. The available payment methods are as follows:

Credit card Bank transfer Cryptoasset Depending on the chosen payment method, the Contributor must provide the required information on the corresponding page of the Site. The Contributor agrees to provide accurate and truthful information, as any error in the provided information may result in the loss of the opportunity to invest in the chosen Operation.

Finalizing the Contribution Confirm Contribution: After selecting the payment method, the Contributor is invited to confirm their Contribution and participation in the Operation by checking the validation box for the Service Contract, which outlines the main terms and conditions of the Financing Operation and/or any related acts, and then clicking the validation button.

Receive Confirmation: Once the payment is made and the Service Contract is validated, the Contributor will receive a contribution confirmation, including the Service Contract, sent to the email address provided during the creation of their Account.

ARTICLE 7. ACCOUNT DEACTIVATION

7.1. Account Deactivation

The Account remains active as long as the User does not deactivate it and complies with the Terms of Use and the Service Contract.

However, any Account that remains completely inactive for three (3) consecutive years may, subject to legal or regulatory provisions, be archived by ATOA and will no longer be available on the Site.

Users retain the option to deactivate their Account at any time and for any reason.

To do so, Users must send an email to the following address: [email protected] requesting the deactivation of their Account. A copy of their identification document may be requested to prevent identity theft.

Account deletion is permanent and irreversible, with all associated personal data automatically deleted and no longer recoverable. However, it is agreed that certain personal data linked to the Account will be retained for legal (including accounting) reasons, in accordance with ATOA's Privacy Policy accessible on the Site.

Deleting an Account does not prevent Users from re-registering and creating a new Account.

7.2. Account Suspension in Case of Breach

In case of non-compliance with the obligations arising from acceptance of the Terms of Use, the Service Contract, incidents of payment default for an order, provision of incorrect information at account creation, or actions that may harm ATOA's interests, ATOA reserves the right to suspend access to the Site without prior notice or, depending on the seriousness of the actions, to delete the User's Account without any claim for damages.

ATOA will notify the User by email of the suspension and/or deletion of their Account.

In cases of fraud, ATOA may immediately suspend or terminate the fraudulent Account at its sole discretion. ATOA will submit any necessary information regarding the fraudulent Account to local authorities and/or financial institutions.

It is expressly agreed that upon suspension or closure of the Account, the User will no longer have access to the Services unless they create a new Account.

When ATOA lifts the suspension or closure of the Account, it will promptly reinstate the User, including restoring access to the data that was associated with the use of the Account before the suspension or closure took effect.

ARTICLE 8. Access and Availability of the Site

The Site is accessible seven (7) days a week and twenty-four (24) hours a day. However, due to access via the Internet, ATOA does not guarantee uninterrupted operation and access to the Site, seven (7) days a week and twenty-four (24) hours a day.

ATOA reserves the right to interrupt the operation of the Site at any time, with or without notice, particularly for corrective and evolutionary maintenance of the Site, or to update its content or presentation and/or for any other legitimate reason. Whenever possible, ATOA will inform Users in advance of any corrective or evolutionary maintenance operations.

Furthermore, Users acknowledge that the Site may be interrupted for reasons beyond ATOA's control, and therefore ATOA cannot guarantee continuous access to the Site.

In any case, ATOA cannot be held responsible for any interruption and/or malfunction of the Site, regardless of the cause.

Users are encouraged to inform ATOA of any technical issues they encounter while browsing and/or using the Site by writing to the following address and describing the issue encountered: [email protected].

Lastly, ATOA reserves the right to evolve the Site and/or the Services, particularly for technical or commercial reasons. When these modifications do not substantially or negatively alter the conditions of Service provision, Users may be informed of the changes made, but their acceptance is not required.

ARTICLE 9. WARRANTIES, OBLIGATIONS, AND USER RESPONSIBILITIES

9.1. By accessing the Site, the User declares, warrants, and undertakes to :

• access the Services in good faith, in a reasonable manner, and not contrary to the terms herein;
• not directly or indirectly market the Services and/or access to the Services;
• not authorize third parties to use their Account;
• not reuse all or part of the Services it contains, particularly for commercial and/or collective purposes, and/or for personal purposes in a form and/or medium not authorized by ATOA.

9.2. It is strictly prohibited to use the Services for the following purposes: :

The exercise of illegal, fraudulent activities, or actions that infringe upon the rights or security of others. Any action contrary to public order or violating applicable laws and regulations. Intrusion into a third party's computer system or any activity aimed at harming, controlling, interfering with, or intercepting all or part of a third party's computer system, thereby violating its integrity or security. Sending unsolicited emails (spam) or commercial solicitation messages. Manipulations aimed at improving the ranking (SEO) of a third-party website. Assisting or inciting, in any form and manner, one or more of the above-described acts and activities. Generally, any practice that diverts the Services from their intended purpose. Copying and/or misappropriating, for their own or third-party purposes, the concept, technologies, or any other element of the Site.

• Any behavior aimed at interrupting, suspending, slowing down, or preventing the continuity of the Services.
• Any intrusion or attempt to intrude into ATOA's systems.
• Any misuse of the Site's system resources.
• Any actions that impose a disproportionate burden on ATOA's infrastructure.
• Any breach of security and authentication measures.
• Any acts that harm the financial, commercial, or moral rights and interests of ATOA or its users.
• Finally, more generally, any violation of the Terms of Use.

It is strictly prohibited to monetize, sell, or grant all or part of the access to the Services and/or the Site, as well as the information hosted and shared therein.

9.3. Users are solely responsible for choosing to use the Services and their suitability for their needs, securing their computer system, and backing up their data.

Furthermore, they are personally responsible for the use of the Services and the information provided, particularly in relation to the creation of their Account and the use of the Services.

Users guarantee and indemnify ATOA against any damage suffered by it and against any liability action brought against it based on the violation of the Terms of Use and/or any rights of a third party. In cases of proven fraud, ATOA reserves the right to disclose all necessary information to competent authorities responsible for prosecuting such frauds and offenses.

9.4. In case of non-compliance with any of the provisions of the CGU or more generally, in case of infringement of applicable laws and regulations by a User, ATOA reserves the right to take any appropriate measure, including :

• at any time, without prior notification, temporarily or permanently interrupt or suspend all or part of the Site and/or access to the Services for the User who has committed or participated in the breach or infringement;
• suspend or terminate the User's Account without prior notice, it being understood that such termination will occur without prejudice to any damages that ATOA may claim in compensation for the harm suffered due to such User's breaches;
• notify any relevant authority; and
• take any legal action.

In case access to the Site and/or Services is suspended, regardless of the reason, Users shall not be entitled to any form of compensation.

ARTICLE 10. ATOA GUARANTEES AND LIABILITY

10.1. ATOA's intervention is strictly limited to providing the Services for the benefit of the User.

10.2. The User expressly agrees that ATOA provides no guarantee of profitability whatsoever to the Contributor, and that any Contribution on the Site is made with full knowledge and at the Contributor's own risk.

In this regard, ATOA cannot be held responsible for direct, indirect, incidental, special, consequential, or punitive damages, etc., as well as any loss of profits or revenues, that may be incurred by the User directly or indirectly related to:

• access or use of the Services;
• the User's inability to access or use the Services; and
• any unauthorized access, use, or alteration of the User's transmissions.

10.3. ATOA reminds every User that it endeavors to make its best efforts to prevent any issues regarding the use of the Services, but its liability cannot be held responsible for any damages resulting from the use of third-party sites to which the User may be redirected when selecting articles.

The User is solely responsible for their use of the Services.

10.4. The User accepts and acknowledges that they are solely responsible for the information they transmit to ATOA through the Site.

ATOA disclaims any responsibility in case of potential loss of information accessible on the User's Account. The User is required to keep a copy of it and cannot claim any compensation in this regard.

10.5. ATOA does not act as an internet service provider. As such, ATOA cannot guarantee the quality of the internet connection or the absence of interruptions specific to the network.

ATOA commits to regularly performing checks to verify the operation and accessibility of the Site. To this end, ATOA reserves the right to temporarily interrupt access to the Site for maintenance purposes.

Furthermore, ATOA cannot be held responsible for temporary difficulties or impossibilities in accessing the Site and/or the Services that are due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks. ATOA cannot be held liable for unforeseeable events such as cyber-attacks, security breaches in data transmission, or performance guarantees regarding the volume and speed of data transmission. Under these conditions, it is up to Users to take all appropriate measures to protect their own data and/or software, particularly from contamination by any potential viruses circulating on the Internet.

It is also specified that ATOA does not control websites that are directly or indirectly linked to the Site. Therefore, it excludes all liability for information published on them. Links to third-party websites are provided for informational purposes only, and no guarantee is given as to their content.

10.6. ATOA does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects, or flaws, (ii) that the Services, which are standard and not offered solely for the intention of a given User based on their own personal constraints, will specifically meet their needs and expectations.

No information or advice provided by ATOA to Users in connection with the use of the Services shall be considered as granting a warranty.

10.7. ATOA cannot be held liable to the User for any loss or damage that they may suffer as a result of any change or temporary or permanent deletion on the part of ATOA in the provision of the Services or the functions offered on the Site.

10.8. In any event, the liability that may be incurred by ATOA under these terms is expressly limited to only actual direct damages suffered by the User.

ARTICLE 11. NO WARRANTY REGARDING INVESTMENTS

11.1. ATOA does not guarantee a frequency of Project publication on the Site.

Furthermore, ATOA provides no guarantee of profitability to the Contributor, who is fully informed of the risks associated with the investment opportunities presented on the Site.

In particular, the Contributor is informed that any Contribution to an Operation on the Site carries a certain number of risks related to:

market conditions in the real estate sector; the presence of many investors in this market; the price of Shares to be acquired; the potential return on Shares acquired; the impact on ATOA's operational results.

11.2. ATOA operates throughout the French territory and may therefore face a liquidity risk, particularly in less dynamic geographical areas. ATOA may then encounter difficulties in selling certain assets under favorable conditions.

11.3. The value of ATOA's assets depends on the evolution of the real estate markets in which it operates. Therefore, ATOA may not always be able to make its investments and disposals at the time when market conditions are most favorable.

ARTICLE 12. INTELLECTUAL PROPERTY

12.1. The Site and certain elements (including editorial content, illustrations, studies, and videos) appearing on the Site are protected by intellectual property laws, particularly copyright, and are the exclusive property of ATOA.

Similarly, the trademarks, logos, graphics, and animations contained on the Site are the exclusive intellectual property of ATOA.

It is agreed that no provision of these T&Cs may result in any assignment of ATOA's intellectual property rights to the benefit of the User, with respect to the intellectual property elements that may be implemented on the Site.

Users therefore undertake not to directly or indirectly infringe ATOA's intellectual property rights.

Furthermore, Users are prohibited from reproducing or exploiting any studies, videos, trademarks, logos, or generally any content of the Site without the express, written, and prior authorization of ATOA.

12.2. Users agree, when using the Site, not to violate the property rights and/or personal rights of third parties (including intellectual property rights).

12.3. ATOA grants, on a personal basis, to Users, the non-exclusive and non-transferable right, free of charge, to use the Site and/or the Services and any associated software, it being specified that they are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering or assembling or in any other way attempting to obtain the source code (except in cases provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right related to the Site or the Services or associated software.

Users agree not to modify in any way the Site and/or the Services or any related software and/or not to use modified versions of them, in particular (without limitation) for the purpose of obtaining unauthorized access to the Site and/or the Services. In particular, Users agree not to access the Services by any means other than the Site.

Users are informed and acknowledge that the Site and/or the Services and any software used in connection therewith may contain confidential information or information protected by intellectual property law or any other law. Users agree not to modify, rent, borrow, sell, distribute this content or create derivative works incorporating all or part of this content, unless they have previously received express authorization from ATOA.

The Site and/or the Services contain texts, images, which are the exclusive property of ATOA (hereinafter the "Intellectual Property Elements"). The Intellectual Property Elements are made available to the User, free of charge, for the sole use of the Site and/or the Services and within the framework of normal use of their functionalities.

This authorization to use the Intellectual Property Elements is personal, non-exclusive, and non-transferable. ATOA may revoke this authorization to use the Intellectual Property Elements at any time.

Users are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering or assembling or in any other way attempting to find the source code (except in cases provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right related to the Intellectual Property Elements. The User agrees not to modify in any way the Intellectual Property Elements.

In case of non-compliant or abusive use of the Intellectual Property Elements, ATOA reserves the right to take any legal action to stop the infringement of its intellectual property rights and to unregister and/or deactivate the User Accounts under the conditions of Article 6 of these T&Cs.

ARTICLE 13. PERSONAL DATA

In accordance with Law No. 78-17 of January 6, 1978 as amended relating to information technology, files and freedoms known as the "Computer and Freedom" law and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR"), Users are informed that ATOA carries out automated processing of their personal data for the purposes of using the Services, processing and managing commercial relations.

This data may be transmitted to any subsidiaries and/or companies controlled by ATOA as well as to its subcontractors who contribute to these relations for their management, execution, processing, and payment.

Each User has the right to access, modify, rectify, limit, portability, and delete data concerning them, as well as a right to object.

To this end, Users should contact the support service by email at the following address: [email protected].

Users are reminded that with regard to corrections and updates of data related to their Account, they should proceed directly with the necessary modifications and deletions on their own Account.

For more information, ATOA invites Users to read the privacy policy accessible on the Site in the "Privacy Policy" tab.

This policy is an integral part of the T&Cs. Acceptance of the T&Cs implies acceptance of the attached privacy policy.

It is specified that the privacy policy complies with the GDPR.

ARTICLE 14. ADVERTISING

ATOA reserves the right to insert on any page of the Site and in any communication to Users advertising or promotional messages in a form and under conditions of which ATOA will be the sole judge.

The User therefore accepts the display of such messages on the Site.

As the publisher of the Site, ATOA is free to market to advertisers of its choice the advertising spaces of the Site. The User acknowledges that it has no rights to these advertising spaces and agrees not to make any request or take any action in this regard.

ARTICLE 15. LINKS AND THIRD-PARTY WEBSITES

When using the Site, Users may have access to various links directing them to third-party sites, including partner sites.

ATOA cannot be held responsible in any way for the technical availability of websites or mobile applications operated by third parties to which the User has access through the Site.

ATOA assumes no responsibility for the content, advertisements, goods, and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

ATOA is also not responsible for transactions between the User and any advertiser, professional, or merchant to which the User is directed through the Site and cannot in any way be a party to any possible disputes with these third parties concerning, in particular, the delivery of goods and/or services, warranties, statements, and any other obligations to which these third parties are bound.

ARTICLE 16. MISCELLANEOUS

16.1. Duration

The T&Cs are valid and apply as long as Users use the Services and/or browse the Site.

16.2. Entirety

The T&Cs constitute the entire agreement between the Users and ATOA regarding the use of the Services and, in general, of the Site.

In the event of a contradiction between the T&Cs and other elements, rules, or guidelines appearing on the Site, the T&Cs shall prevail.

16.3. Modification

ATOA reserves the right to modify, at any time, the T&Cs, in particular to take into account any legal, jurisprudential, editorial, functional, and/or technical evolution of the Site and/or the Services.

The version that prevails is the one that is accessible online on the day of use of the Site and/or the Services.

Any use of the Site and/or the Services by the User after the publication of the modified T&Cs constitutes acceptance without reserve and expressly by the latter of the new T&Cs.

The T&Cs are updated regularly. Therefore, Users are invited to consult them on each visit to the Site.

Moreover, any modification is applicable fifteen (15) days after notification by email of the update of the T&Cs to Users.

In case of disagreement with the new provisions of the T&Cs, the User agrees to cease accessing the Site and using the Services and to request the deletion of their Account at the following address: [email protected].

16.4. Partial invalidity

In general, if one or more clauses or stipulations of the T&Cs are held to be invalid or declared null and void or not enforceable by law, regulation, or following a final decision of a competent court, the other stipulations will retain all their force and scope.

16.5. Language

The language applicable to the T&Cs is French. If a translation is made, only the French version will have contractual value.

16.6. Evidence

The files, data, and messages recorded in ATOA's computer systems will be admissible as evidence of acts and facts occurring between ATOA and the Users.

The preservation of the registers will be presumed, unless proven otherwise, to have taken place under reasonable security conditions if the messages, data, and other documents are systematically recorded on a reliable and durable medium.

ARTICLE 17. APPLICABLE LAW - DISPUTES

These T&Cs are subject to French law. In the event of a dispute, only the French courts will have jurisdiction.

For any difficulty and/or question concerning the Site and/or the Services, Users are invited to contact the Contributor service in order to attempt to find an amicable solution by email at the following address: [email protected].

In accordance with the provisions of Article L.211-3 and Article L.612-1 of the French Consumer Code, the Contributor is informed that any dispute that may arise between ATOA and him/her concerning the validity, interpretation, performance or non-performance, interruption or termination of the rights and obligations of these T&Cs may, after a prior written approach by the User to ATOA and whose settlement has not been successful, be submitted to consumer mediation.

It is proposed to use the following mediator: CM2C (Centre de la médiation de consommation et de conciliateurs de justice), by electronic means: https://cm2c.net/.

CM2C 14 rue Saint Jean, 75017 Paris Tel: 01 89 47 00 14

However, the User and ATOA remain free to accept or refuse to use consumer mediation. Moreover, the solution possibly proposed by the consumer mediator will not be binding on the User and ATOA, who may renounce it.

These terms and conditions of use, translated from French, come into effect as of March 21, 2023.