Terms of Sale and Use

Version: April 2026

Reference language: French

1. Preamble

These Terms of Sale and Use (hereinafter the "Terms") govern the contractual relationship between:

RALIANCE

A French simplified joint-stock company (société par actions simplifiée), publisher and operator of the Flunter SaaS platform

THE CUSTOMER

Any professional customer or authorized user

Flunter is a product 100% owned and operated by Raliance.

Legal contact: legal@flunter.com

The Services are accessible internationally and may be used in various countries, subject to compliance with applicable local regulations.

These Terms constitute the sole applicable contract, unless otherwise specifically agreed in writing.

2. Purpose

The Terms define:

The conditions of access to the Services
The terms of use
The obligations of the Parties
The legal framework applicable to data, communications and processing

3. Description of the Services

Flunter is a SaaS platform that enables, in particular:

Phone prospecting and campaign management
Recording and transcription of conversations
AI-powered conversation analysis
Integration with third-party tools (CRM, etc.)

Features may change at any time as part of continuous improvement.

4. Access to the Services

The Customer accesses the Services via the Internet.

The Customer is solely responsible for:

Management of user accounts
Access security
Any use made through its accounts

Raliance may suspend or restrict access in the event of:

A security risk
Non-compliant use
A breach of the Terms

5. Financial Terms

5.1 Prices

Prices may be expressed in different currencies (EUR, USD, etc.) depending on the market.

They are stated exclusive of taxes, unless otherwise indicated.

5.2 Payment

The Services are payable in advance.

Payments are final and non-refundable, except where mandatory legal provisions provide otherwise.

5.3 Credits and consumption

Certain Services are based on credits (calls, AI, etc.).

Consumption depends on actual usage
Credits used are non-refundable

5.4 Late payment

Raliance may suspend access in the event of non-payment.

6. Use of the Services

6.1 General principle

The Customer undertakes to use the Services:

In accordance with the laws applicable in the relevant jurisdictions
In compliance with these Terms
In a fair and responsible manner

6.2 B2B / B2C use

The Services are designed primarily for B2B use.

Any B2C use is carried out:

Under the Customer's sole responsibility
In compliance with applicable local regulations

6.3 International regulatory compliance

The Customer is solely responsible for complying with applicable laws, including in particular:

GDPR (European Union)
ePrivacy
Regulations on commercial prospecting
Regulations on electronic communications
Local laws in each jurisdiction

Raliance acts solely as a provider of a technical solution.

6.4 Telephony and communications

The Services may include telephony features provided through third-party providers.

The Customer is solely responsible for:

Compliance with the rules applicable to communications
Informing the other parties to the call
Obtaining the required consents

Raliance is not a party to the communications.

6.5 Recordings

The Customer is responsible for:

The lawfulness of recordings
Compliance with consent requirements

Recordings may be hosted by third-party providers (e.g., Twilio).

6.6 Prohibited uses

The following are prohibited in particular:

Any illegal or fraudulent use
Any non-compliant prospecting
Any harassment or spam
Any attempt to circumvent the systems
Any deliberate overloading of the infrastructure

6.7 Reasonable use

The Customer undertakes to make reasonable use of the Services.

Raliance may limit or suspend access in the event of abusive use.

7. Data and Data Protection

7.1 Roles

Raliance acts as a processor for Customer data

Raliance acts as a controller for its own processing activities

7.2 Customer obligations

The Customer warrants that it will:

Hold the necessary rights
Comply with its legal obligations
Ensure the lawfulness of the processing

7.3 Location and transfers

Data may be processed:

Within the European Union
Or outside the EU through providers (e.g., AI)

Transfers are governed by appropriate contractual mechanisms (e.g., SCCs).

8. Artificial Intelligence

The Services may include artificial intelligence features.

The Customer acknowledges that:

Results may be approximate
No guarantee is given as to their accuracy
Any use of them is at its own responsibility

9. Infrastructure and Security

Raliance implements technical and organizational measures in accordance with its Security Assurance Plan (PAS), including in particular:

Hosting on secure infrastructure
Access control
Regular backups
Logging and monitoring

The Customer acknowledges:

That no absolute security exists
That residual risks remain

10. Integrations and Third-Party Providers

The Services rely on third-party providers, including in particular:

Telephony providers
Artificial intelligence providers
Hosting providers
Analytics tools

Raliance cannot be held liable for failures attributable to these providers.

11. Availability

Raliance implements the necessary means to ensure the availability of the Services.

Service levels are objectives and not contractual guarantees.

12. Liability

12.1 Principle

Raliance is bound by an obligation of means (best-efforts obligation).

12.2 Limitation

Raliance's liability is limited to the amount paid by the Customer over the last 12 months.

12.3 Exclusions

The following are excluded:

Loss of revenue
Loss of data
Indirect damages

12.4 Indemnification

The Customer shall indemnify Raliance against any claim relating to:

Non-compliant use
A violation of applicable laws
An infringement of third-party rights

13. Intellectual Property

Raliance retains all rights to the Services.

14. Termination

Each Party may terminate under the conditions provided for.

Data is processed in accordance with the DPA.

15. Confidentiality

The Parties undertake to keep the information exchanged confidential.

16. Force Majeure

No liability shall arise in the event of force majeure.

17. Evidence

Electronic data and logs shall constitute binding evidence between the Parties.

18. Export Control and International Sanctions

The Customer undertakes to comply with applicable regulations regarding:

Economic sanctions
Export controls

19. Governing Law

The Terms are governed by French law.

The Parties may contractually agree on a different jurisdiction under specific contracts.

Failing that, the courts of Lyon shall have jurisdiction.

20. Acceptance

Use of the Services constitutes full and complete acceptance of these Terms.

21. Changes to the Terms and continued acceptance

Flunter regularly updates its Services, which may lead to updates of these Terms.

The Customer is informed of these updates by any appropriate means, in particular via in-app notification, email or when logging in to the Platform.

In some cases, explicit acceptance may be required (for example via a confirmation window or an equivalent mechanism).

The Customer acknowledges that continued use of the Services after notification of the changes constitutes acceptance of the updated Terms, subject to applicable legal provisions.

The Customer undertakes to regularly review the version of the Terms in force and to comply with its terms.