General Terms of Sale

Preamble

These General Terms of Sale ("GTS") govern any subscription to a paid plan or paid service offered on the Boatlib platform, published by GJMP. They supplement the Terms of Use ("ToU"), which continue to apply to the use of the platform; in the event of a conflict regarding a sale, the GTS prevail.

Subscribing to a paid plan implies full acceptance of these GTS, evidenced by a checkbox at the time of ordering. The applicable version is the one in force on the day of subscription; it is provided on a durable medium with the order confirmation.

During the beta phase, Boatlib services are provided free of charge: no sale is concluded. These GTS apply as soon as paid plans open, announced with thirty (30) days' notice in accordance with the ToU.

Article 1 — Purpose and scope

The GTS define the conditions under which GJMP sells, at a distance and electronically, Boatlib subscriptions and paid services to boat-owner customers (consumers or professionals) and to boating professionals (providers, yards, coordinators, fleet managers).

They apply to the exclusion of any other terms, in particular purchasing terms. The definitions of the ToU (Platform, Owner, Provider, Request, Quote, Intervention…) apply hereto. "Consumer" is understood within the meaning of the preliminary article of the French Consumer Code; "Professional" means any customer acting for purposes falling within their business activity.

Article 2 — Seller identity

Seller: GJMP, société par actions simplifiée (SAS) au capital de 42 500 €, 549 avenue des Courcettes, 06220 Vallauris, France — SIREN 104 608 823 — SIRET du siège 104 608 823 00019 — RCS Antibes 104 608 823 — code APE/NAF 6312Z — N° TVA intracommunautaire : FR53104608823. Contact: contact@boatlib.com.

Customer service can be reached by email at the address above and by phone on +33 6 49 50 63 68 (no surcharge); observed response times are shown on the Contact page.

Payment services are provided by Stripe Payments Europe Ltd, a licensed payment institution, which collects funds on behalf of the beneficiaries. GJMP never holds users' funds.

Article 3 — Plans and pricing

Owner plans (Discovery — free, Essential, Premium) are priced per boat and per length tier (under 10 m, 10 to 20 m, over 20 m). Professional plans (Discovery, Essential, Professional, Enterprise) are priced per organisation. Included features and current prices appear on the Pricing page, which forms an integral part of the contractual offer on the day of the order; information on the digital service's functionality, compatibility and interoperability (supported browsers, multi-device access, data export) is also accessible there.

Prices are expressed in euros, inclusive of tax (TTC) for Consumers and exclusive of tax (HT) for Professionals, with applicable VAT stated before payment. Billing is monthly or yearly, at the customer's choice — except for the Enterprise plan, subscribed on quotation with a yearly commitment; the flat yearly rate and associated discounts are shown on the Pricing page.

Promotional or launch offers may be proposed; their conditions (amount, duration, eligibility) are displayed at the time of subscription and prevail, for their duration, over the reference price.

GJMP may change its prices. Any change applicable to a current subscription is notified at least thirty (30) days before it takes effect; the customer may terminate free of charge before that date, the previous price remaining applicable until the end of the period already paid.

Article 4 — Subscribing

Subscription takes place online, from an active Boatlib account: choice of plan and tier, order summary (price, period, boat or organisation concerned), acceptance of the GTS, then payment. The customer can correct any input error until the payment is confirmed.

The sale is concluded upon confirmation of payment by the payment provider. GJMP promptly sends a subscription confirmation by email, which constitutes acknowledgement of receipt of the order.

GJMP reserves the right to refuse a subscription in the event of serious breach or previous unpaid amounts, or if the offer is unavailable — the customer is informed and no amount is charged.

GJMP archives contracts concluded electronically for an amount of €120 or more for ten (10) years (Article L213-1 of the French Consumer Code); the customer may access them at any time on request to contact@boatlib.com.

Article 5 — Payment

Payment is made online via Stripe, by bank card (Visa, Mastercard, American Express) or SEPA direct debit. No card data is processed or stored by GJMP.

The subscription is a recurring service with tacit renewal: the fee is charged in advance at each due date (monthly or yearly) until termination.

If a charge fails, the customer is informed and the payment is retried. Failing regularisation within fourteen (14) days, access to paid features may be suspended until payment, the account and data remaining accessible in accordance with the ToU. Suspension does not suspend the due date of fees already owed; no new fee is charged during the suspension of a monthly subscription.

Invoices are issued electronically and available in the customer area. For Professionals, in the event of late payment, penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, and the flat-rate recovery indemnity of €40 (Articles L441-10 and D441-5 of the French Commercial Code) are due by operation of law.

Article 6 — Right of withdrawal

Consumers have fourteen (14) days from subscription to withdraw, without giving reasons, by writing to contact@boatlib.com (or by any means expressing their wish to withdraw, including the model form reproduced below).

At the time of ordering, Consumers are invited to expressly request, via a checkbox separate from acceptance of the GTS, that performance of the service begin upon payment confirmation, without waiting for the withdrawal period to expire. In that case, if they withdraw, they remain liable for an amount proportional to the service provided until they communicate their decision (Article L221-25 of the French Consumer Code), the balance being refunded within fourteen (14) days using the same payment method. Absent such an express request, performance only begins at the end of the withdrawal period and no amount is owed by a withdrawing Consumer.

The right of withdrawal does not apply to Professionals, distance selling between professionals not conferring this right outside the cases provided for in Article L221-3 of the French Consumer Code.

Model withdrawal form (annex to Article R221-1 of the French Consumer Code) — Please complete and return this form only if you wish to withdraw from the contract. For the attention of GJMP, 549 avenue des Courcettes, 06220 Vallauris, France (contact@boatlib.com): I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of the following service: — Ordered on (*): — Name of consumer(s): — Address of consumer(s): — Signature of consumer(s) (only if this form is notified on paper): — Date: (*) Delete as appropriate.

Article 7 — Term, renewal and termination

The monthly subscription has no minimum term; the yearly subscription is paid in advance for twelve (12) months. Each period renews tacitly for an identical period, unless terminated.

The customer may terminate at any time from their account area, in a few clicks, free of charge and without giving reasons. Termination takes effect at the end of the current period; paid features remain active until that date. Apart from exercise of the right of withdrawal, breach by GJMP, and the refund cases provided for by law (in particular Articles L215-3 and L224-25-25 of the French Consumer Code), the current period is not refunded.

At expiry, the account switches to the free plan: the customer's data (boat, documents, history, media) is retained and becomes fully accessible again upon re-subscription, within the retention periods set out in the Privacy Policy. Share links and features reserved for paid plans cease to be active on the effective date of the downgrade, without deletion of the underlying content.

For Consumers' yearly subscriptions, GJMP gives notice of the renewal date under the conditions of Article L215-1 of the French Consumer Code, between three months and one month before the end of the current period. Absent such notice, the Consumer may end the contract, free of charge, at any time from the renewal, with advances corresponding to the unperformed period being refunded (Article L215-3).

Article 8 — Commissions and payment processing fees

Intervention payments made through the platform give rise to a commission payable by the Provider, according to the schedule in Article 5.3 of the ToU: 6% (Discovery), 4.5% (Essential), 3% (Professional), 2% (Enterprise), with a minimum of €1 per payment, based on the labour portion of the quote where the Provider has categorised at least one line item (basis frozen upon the client's approval of the quote) and, absent categorisation, on the total amount collected.

Flat-rate payment processing fees charged by GJMP for payment handling costs are added, depending on the method used: 1.9% + €0.25 per card transaction; 0.35% capped at €2 per SEPA transfer (payment method offered above €1,000). The current schedule appears on the Pricing page; the full breakdown (amount, fees, commission, net paid out) is shown to the Provider for each payment.

GJMP acts as a technical intermediary: the service contract is concluded directly between the Owner and the Provider, the commission remunerating the introduction and the platform's tools.

Online payment collection requires the Provider to have opened and validated their payment account with Stripe, which entails accepting Stripe's terms (Stripe Connected Account Agreement) and providing the identification documents required by applicable anti-money-laundering regulations. Payouts may be suspended by Stripe until these checks are satisfied, without GJMP's liability being engaged in that respect.

Article 9 — Third-party services and integrations

Connecting Boatlib to third-party services (Pennylane accounting sync, Stripe payments, API) is included in the plans that mention it. Subscriptions to the third-party services themselves are neither included nor resold by GJMP: the Pennylane subscription, in particular, must be taken out separately by the customer with Pennylane.

The operation of third-party services is the responsibility of their publishers and their own contractual terms. GJMP cannot be held liable for interruptions or changes to these services, but endeavours to maintain the compatibility of the integrations.

Access to the Boatlib API (Enterprise plan) is subject to the documented technical conditions and usage limits; access keys are personal to the customer organisation.

Article 10 — Statutory warranties

Consumers benefit from the statutory warranty of conformity for digital content and services (Articles L224-25-12 et seq. of the French Consumer Code): throughout the supply of the subscription, the service must conform to the contract; failing that, the Consumer may demand that it be brought into conformity free of charge, or failing that a price reduction or termination of the contract.

Any claim should be sent to contact@boatlib.com; GJMP responds as soon as possible and at the latest within thirty (30) days.

Article 11 — Liability

GJMP undertakes to provide the platform with diligence and in accordance with best practice, under a best-efforts obligation, the target availability and maintenance windows being described in the ToU.

Boatlib is an intermediation platform: GJMP is not a party to contracts concluded between Owners and Providers and is not responsible for the quality of interventions, nor for the legal, tax or insurance obligations of Providers — without prejudice to its own obligations as a platform operator (Article L111-7 of the French Consumer Code).

With respect to Professional customers, GJMP's total liability, all causes combined, is capped at the amounts actually paid by the customer over the last twelve (12) months; indirect damages (loss of business, of customers, of data beyond the planned backups) are excluded.

Nothing in these terms limits GJMP's liability in the event of wilful misconduct, gross negligence, personal injury, or towards Consumers beyond what the law permits.

Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment exceeds sixty (60) days, either party may terminate the contract, with amounts paid in advance for the unperformed period being refunded.

Article 12 — Personal data

The processing of personal data related to subscribing and performing subscriptions (account, billing, payment) is described in the Privacy Policy, accessible from the platform footer.

Article 13 — Suspension and termination for breach

In the event of a serious breach by the customer of these GTS or of the ToU (fraud, persistent non-payment, unlawful use), GJMP may suspend access to paid services after formal notice remaining without effect for fifteen (15) days, then terminate the contract for cause.

In the event of a serious breach by GJMP of its obligations, the customer may terminate the contract under the same conditions; amounts paid in advance for the period after termination are refunded.

Article 14 — Changes to the GTS

GJMP may amend these GTS. The version applicable to an order is the one accepted on the day of subscription; amendments applicable to current subscriptions (other than price changes, governed by Article 3) are notified thirty (30) days before they take effect.

If a change, other than one necessary to maintain the conformity of the service, adversely affects the Consumer's access to or use of the service, the Consumer is informed at least thirty (30) days in advance and may terminate free of charge within thirty (30) days of the change taking effect; amounts paid in advance for the period after termination are then refunded pro rata (Article L224-25-25 of the French Consumer Code).

Article 15 — Consumer mediation and complaints

In the event of a dispute, the Consumer first sends a written complaint to contact@boatlib.com. Absent a response within a reasonable time or in the event of an unsatisfactory response, they may have free recourse to a consumer mediator (Articles L612-1 et seq. of the French Consumer Code), within one year of their written complaint.

In accordance with the provisions of the French Consumer Code on the “consumer dispute mediation process”, after contacting us and failing a satisfactory reply, you may refer the matter free of charge to a consumer mediation procedure with:

Consumers may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

Article 16 — Governing law and jurisdiction

These GTS are governed by French law and drawn up in French; in the event of translation, the French version prevails.

Any dispute with a Consumer falls under the courts having jurisdiction under statutory rules. FOR ANY DISPUTE WITH A CUSTOMER WHO IS A TRADER (COMMERÇANT), EXCLUSIVE JURISDICTION IS GRANTED TO THE COMMERCIAL COURT FOR GJMP'S REGISTERED OFFICE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS.

Article 17 — Miscellaneous

If any provision hereof is declared void or unenforceable, the others remain in full force; the provision is replaced by a valid, economically equivalent one.

GJMP's failure to invoke a breach does not constitute a waiver of the right to invoke it later.

The customer may not assign the contract without GJMP's written consent; GJMP may assign it as part of a transaction involving its business or capital, with notice to the customer and without diminishing the customer's rights and guarantees.