General Terms of Use and Sale
Version 1.0 - in force from 23 June 2026
This version supersedes the version of 10 April 2024.
The French version is authoritative. Translations are provided for information purposes only. In case of interpretation discrepancy, only the French version prevails.
These General Terms of Use and Sale (the "GTUS" or "General Terms") govern the use of the website www.be-hype.com, the BEHYPE mobile application and all services offered by the company BE HYPE (hereinafter "BEHYPE", "we", or the "Company"). BEHYPE is a professional intermediation platform that connects professional establishments (restaurants, hotels, beauty institutes, experience and leisure venues, etc.) with content creators / influencers with a view to marketing collaborations on social networks. These General Terms constitute a contract between BEHYPE and any User. They apply to all Services offered by BEHYPE, and no particular condition may, except with the formal written acceptance of BEHYPE, prevail over them. Every User acknowledges having read these GTUS before creating their Account or subscribing to a Subscription, and accepts them without reservation. This acceptance is materialised by an unchecked tick-box, the date, time, IP address, user agent, GTUS version and User identifier of which are recorded in our systems as evidence. The GTUS in force are accessible at any time at www.be-hype.com/terms-of-use. This version entirely replaces the previous version dated 10 April 2024, which remains available as an archive at www.be-hype.com/terms-of-use/2024.
TITLE I - GENERAL PROVISIONS
Article 1 - Definitions
In these General Terms, terms beginning with a capital letter have the following meaning: Subscription: contract by which the professional Client subscribes to a Plan giving access to BEHYPE's Services, in return for payment of a periodic fee. Application: BEHYPE mobile applications published by the Company, available on the App Store and Google Play (download via https://onelink.to/qpqfep). BEHYPE or the Company: BE HYPE SAS, whose contact details are set out in Article 2. Client: legal entity or natural person carrying on a professional activity (catering, hospitality, wellness, experience establishment, etc.), holder of a Professional Account and subscriber to a Subscription. Collaboration: marketing service agreed between a Client and an Influencer via the BEHYPE platform, taking the form of either an invitation/gifted content ("gifting" mode) or a paid service. Marketplace Commission: percentage taken by BEHYPE on the gross amount of a paid Collaboration, borne by the Client. Its rate depends on the Plan subscribed (see Article 15). No commission is taken from the Influencer. Account: personal space created by a User on the BEHYPE platform, accessible by credentials. The same User may simultaneously hold a Professional Account and an Influencer Account, which are legally and financially independent. User Content: photos, short videos ("Now"), comments, messages, establishment listings or any other content published or transmitted by a User via the Services. GTUS: these General Terms of Use and Sale. Subscription Cycle: billing period (monthly, unless otherwise indicated) at the end of which the Subscription is automatically renewed. Commitment: minimum duration during which the Client may not terminate their Subscription without indemnity (0 months, 12 months or 24 months depending on the Plan chosen). Influencer: natural person of legal age, content creator on social networks (Instagram, TikTok, YouTube, etc.), holder of an Influencer Account on BEHYPE and likely to conclude Collaborations with Clients. Now: short video content format published by an Influencer in the BEHYPE discovery feed. Plan: Subscription formula subscribed to by the Client (FREE, STARTER or PREMIUM), associated with a Tier of features, a level of Marketplace Commission and a Commitment. Privacy Policy: additional document describing the processing of personal data by BEHYPE, accessible at www.be-hype.com/privacy-policy. Services: all features accessible via the Site and the Application: matching, messaging, Collaboration management, Wallet, Now feed, chatbot, etc. Site: website www.be-hype.com. Tier: functional level of Subscription (FREE, STARTER, PREMIUM). User: any holder of an Account, whether a professional Client or an Influencer. Wallet: registered balance recorded in the Influencer Account, credited by paid Collaborations, and enabling payouts to be triggered via the Stripe Connect service.
Article 2 - Legal notices
Publisher: BE HYPE SAS Form: Simplified joint-stock company Share capital: 5,000 euros Registered office: 27 Domaine de Capdeville, 13100 Le Tholonet, France SIRET: 978 173 136 00018 RCS: Aix-en-Provence B 978 173 136 Intra-Community VAT No.: FR51 978173136 President / Legal representative: Julien Facchini Email: contact@behype-app.com Publication director: Julien Facchini Hosting: BEHYPE Services are hosted and operated via the cloud providers Google Cloud Platform / Firebase (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland) and MongoDB Atlas (MongoDB Limited, 22-24 Lower Mount Street, Dublin 2, Ireland). The editorial site www.be-hype.com is, on the date of update, hosted on the aforementioned infrastructure. Single point of contact (P2B and DSA): contact@behype-app.com. P2B mediators: see Article 19.
Article 3 - Acceptance, enforceability and modifications
3.1 Acceptance and evidence. The User acknowledges having read, understood and accepted these GTUS at the time of creating their Account or subscribing to a Subscription. Evidence of this acceptance is retained by BEHYPE (date, time, GTUS version, IP address, user agent, User identifier) and is authentic between the parties. 3.2 Versioning. Each substantial modification of the GTUS gives rise to a new version, identified by a number and an effective date shown at the top of the document. Previous versions remain available as archive. 3.3 Minor modifications. BEHYPE may make minor modifications to the GTUS (spelling corrections, updating of contact details, editorial changes with no impact on the rights and obligations of the parties). These modifications take effect from their publication. 3.4 Substantial modifications - 15-day notice period (P2B Regulation). In accordance with Article 3 of Regulation (EU) 2019/1150 of 20 June 2019 ("P2B"), any substantial modification of the GTUS affecting professional Clients is notified by email and by banner in the Application at least fifteen (15) days before its entry into force. During this period, the Client may terminate their Subscription without indemnity by registered letter or by any written means addressed to contact@behype-app.com. Failing termination within this period, the Client is deemed to have accepted the new GTUS. The notice period may be reduced or removed where the modification is required by a legal or regulatory obligation, or for imminent security reasons. 3.5 Contractual continuity. Collaborations in progress remain governed by the version of the GTUS in force on the day of their acceptance, unless expressly agreed otherwise.
TITLE II - DESCRIPTION OF SERVICES
Article 4 - BEHYPE platform and applications
4.1 Services offered. BEHYPE makes available to Users: - an intermediation platform between professional Clients and Influencers; - a Collaboration management tool (offer creation, acceptance, private messaging, publication tracking, closure); - an Influencer Wallet enabling receipt of remuneration and withdrawal via Stripe Connect; - a discovery feed ("Now") enabling the publication and viewing of short videos; - a scripted assistance chatbot; - search and ranking features for establishments and Influencers. 4.2 Access. Access to the Services requires a compatible device, an internet connection and an up-to-date browser or operating system. Associated costs (hardware, internet subscription, mobile data) are borne by the User. 4.3 Changes and unavailability. BEHYPE reserves the right to develop, add, remove or temporarily suspend all or part of the features, without this giving rise to compensation under this article. In the event of prolonged unavailability attributable to BEHYPE, the professional Client may benefit from the provisions of Article 12. 4.4 Technical conditions. BEHYPE implements reasonable diligence to ensure the security and availability of the Services, without however guaranteeing a total absence of interruption, error or failure. 4.5 Automated systems - AI Act information. In accordance with Article 50 of Regulation (EU) 2024/1689 on artificial intelligence, the User is informed that: (a) the assistance chatbot accessible in the Application is an automated system, giving rise neither to legal advice nor to a contractual commitment; (b) certain establishment listings are enriched or drafted with the help of generative artificial intelligence systems (see Articles 33 to 36); (c) the linking of certain User Content to an establishment may be carried out by automated processing (see Article 35).
Article 5 - Eligibility, minimum age and combination of roles
5.1 Minimum age. The Services are reserved for adults. Any User declares, when creating their Account, to be at least 18 years old. BEHYPE reserves the right to request proof of age (identity document) and to suspend any Account whose compliance with this condition is doubtful. 5.2 Capacity. The User warrants that they have the legal capacity to enter into these GTUS. The representative of a legal entity warrants that they have the necessary powers to bind it. 5.3 Geographical coverage. The Services are, on the effective date of these terms, open to Users established in France, the United Kingdom, Spain and Italy. BEHYPE may extend or restrict this list without notice. 5.4 Combination of roles. The same User may simultaneously hold a Professional Account (as Client) and an Influencer Account. Each of these Accounts is legally and financially independent: it is subject to separate registration, acceptance of the GTUS and separate accounting. The User undertakes not to create a Collaboration between their two Accounts nor to use this combination to circumvent the rules of these GTUS. 5.5 Refusal of registration. BEHYPE may refuse the registration of a User without having to justify its decision, in particular in case of suspicion of fraud, non-compliance with the GTUS or contradiction with the purpose of the platform.
Article 6 - Account creation and security
6.1 Registration. Creating an Account requires providing a valid email address and confirmation by validation link. Depending on the type of Account, additional information may be requested (SIRET number, bank information, KYC supporting documents). 6.2 Accuracy of information. The User warrants the accuracy, sincerity and updating of the information provided. Any false declaration may result in immediate suspension of the Account and termination of the contract at the fault of the User. 6.3 Confidentiality of credentials. The User is solely responsible for the confidentiality of their credentials and their use. Any connection made with their credentials is deemed to emanate from them. In case of suspicion of compromise, they undertake to change their password without delay and to inform BEHYPE. 6.4 Suspension by BEHYPE - Grounds and notice (P2B Regulation). BEHYPE may suspend, restrict or close a professional Client Account for the following reasons: (a) non-payment; (b) violation of these GTUS; (c) infringement of the rights of a third party or of the integrity of the Services; (d) repeated reporting of illicit Content; (e) serious suspicion of fraud; (f) legal obligations or injunction of a competent authority. The suspension is notified with a statement of reasons to the User. In case of closure (termination), a notice period of thirty (30) days is respected except for serious breach, proven fraud or injunction of an authority. The User has an internal complaint right under the conditions of Article 19. 6.5 Suspension of an Influencer Account. The same principles apply to Influencer Accounts. In addition, repeated non-compliance with advertising transparency rules, publication deadlines or cancellation deadlines may result in the suspension or closure of the Account.
TITLE III - PROFESSIONAL CLIENT SUBSCRIPTION
Article 7 - Plans, tiers and commitments
7.1 Plans offered. BEHYPE offers, on the effective date of these terms, the following Plans: - FREE Plan: FREE Tier, no commitment, free, limited to a monthly volume of Collaborations defined by BEHYPE; - STARTER Plan - no commitment: STARTER Tier, no Commitment period, Marketplace Commission 5%; - STARTER Plan - 12 months: STARTER Tier, 12-month Commitment, Marketplace Commission 5%; - PREMIUM Plan - no commitment: PREMIUM Tier, no Commitment, Marketplace Commission 0%; - PREMIUM Plan - 12 months: PREMIUM Tier, 12-month Commitment, Marketplace Commission 0%; - PREMIUM Plan - 24 months: PREMIUM Tier, 24-month Commitment, Marketplace Commission 0%. The list of features accessible by Tier (Collaboration volume, access to advanced filters, enhanced visibility, statistics, etc.) is set out in the Application and may be adjusted by BEHYPE under the conditions of Article 3. 7.2 Plan pricing. Prices in force are available at www.be-hype.com/offres and at the time of subscription. They are indicated in euros, excluding taxes. BEHYPE may update them under the conditions of Article 9. Paid Plans are technically managed via the payment provider Stripe. 7.3 Commitment. The Client may choose a Plan without Commitment (terminable at any time, taking effect at the end of the current Cycle) or a Plan with Commitment (12 or 24 months) granted in return for pricing or functional advantages. 7.4 FREE Tier - Limits. The FREE Tier is a discovery access, limited in monthly Collaboration volume and features. BEHYPE may modify or remove it under the conditions of Article 3.
Article 8 - Free trial and billing pause
8.1 Free trial. Unless otherwise indicated at the time of subscription, paid Plans may be offered as a free trial of a default duration of three (3) months ("Free Trial"). During this Free Trial, no charge is made. At the end of the Free Trial, the Client is automatically switched to the paid Plan subscribed to, unless express termination occurs before the deadline, by any written means or via the Application interface. The Free Trial is reserved for new Clients and is not cumulative. BEHYPE reserves the right to refuse or interrupt a Free Trial in case of suspicion of abuse, fraud or multiple Account creations. 8.2 Billing pause. The Client benefiting from a paid Plan may, subject to eligibility and upon request to customer service, benefit from a temporary pause of their Subscription ("Pause"). During the Pause: - no new fee is charged; - access to paid features is restricted or suspended; - actions requiring active billing may be blocked (rejection with error code 429 or equivalent); - Subscription Cycles and any Commitment are postponed accordingly. The Pause ends as of right at the agreed deadline or at the Client's request. Resumption occurs by charging for the next Cycle.
Article 9 - Pricing
9.1 Prices in force. The prices of Plans, optional features and the Marketplace Commission are those in force on the day of subscription, accessible in the Application and on the Site. They are expressed in euros (EUR), excluding taxes. Applicable VAT is added according to the legal rules in force. 9.2 Price revision. BEHYPE may revise its prices, in particular to take account of the evolution of its costs, market conditions, features offered or VAT rates. Any price revision applicable to an existing Client is notified under the conditions of Article 3.4 (15-day notice, right to terminate without indemnity). 9.3 Promotions. BEHYPE may occasionally offer promotional codes, discounts or pricing advantages. The specific conditions of these operations prevail over these terms for the sole issues of price and duration of application.
Article 10 - Payment methods
10.1 Payment provider. Payments are made through Stripe Payments Europe Ltd, an approved payment institution (PSD2). The Client authorises BEHYPE and Stripe to debit the registered payment method for sums owed in respect of their Subscription and subscribed optional features. 10.2 Strong authentication. In accordance with the PSD2 directive, certain operations may trigger strong authentication of the payer (3D Secure). Failure of this authentication may result in the rejection of the charge. 10.3 Billing cycles. Unless otherwise indicated, the Plan is billed monthly on the anniversary date of the subscription. If a date does not exist in a given month (for example 31 February), the charge occurs on the first following working day. 10.4 Payment method update. The Client undertakes to maintain a valid payment method up to date. The update is made from the Application interface. In case of expiration or rejection, BEHYPE may make successive attempts, then suspend access to the Services after a new failure. 10.5 Invoicing. Each charge gives rise to the issuance of a named invoice, transmitted by email and retained in the Client area. 10.6 KYC. Obligations relating to know your customer (KYC) under the Influencer Wallet are described in Article 25.
Article 11 - Late payment and default
11.1 Late payment penalties (Article L.441-10 II of the French Commercial Code). In case of late payment beyond five (5) working days from the due date, late payment penalties are applicable at the annual rate of ten per cent (10%) of the excluding tax amount of the unpaid invoice, without the need for prior formal notice. A fixed indemnity for recovery costs of forty (40) euros is also due pursuant to Article D.441-5 of the French Commercial Code. 11.2 Suspension and termination. BEHYPE reserves the right, in case of persistent default of payment, to suspend access to the Services or to terminate the contract. Termination for default of payment is subject to prior formal notice remaining without effect at the end of fifteen (15) days. 11.3 Set-off. Except with prior written agreement from BEHYPE, the Client may not set off a sum owed under the GTUS against any reciprocal claim that is not certain, liquid and due.
Article 12 - Duration, renewal and termination
12.1 Duration. The Subscription begins on the day of validation of the subscription (or at the end of the Free Trial). Its initial duration corresponds to the Commitment subscribed to (0, 12 or 24 months). 12.2 Tacit renewal. At the end of the initial duration, the Subscription is tacitly renewed by successive monthly Subscription Cycles, under the same conditions, unless terminated. In accordance with Article L.215-1 of the French Consumer Code, when the Subscription is entered into with a Client who is a natural person consumer, BEHYPE informs the Client in writing, at the earliest three (3) months and at the latest one (1) month before the end of the period allowing rejection of the renewal, of the possibility of not renewing the contract. 12.3 Termination by the Client - Plan without commitment. The Client holding a Plan without Commitment may terminate their Subscription at any time from the Application interface or by any written means. The termination takes effect at the end of the current Subscription Cycle. No pro-rata refund is due. 12.4 Termination by the Client - Plan with commitment. For Plans with Commitment, termination may not occur before the end of the Commitment, except in the case of force majeure, serious breach by BEHYPE not remedied after formal notice, or substantial unfavourable modification of the GTUS (Article 3.4). Any early termination outside of these cases gives rise to the payment of a termination indemnity equal to fifty per cent (50%) of the excluding tax price of the Subscription remaining to run until the end of the Commitment. For Clients who are natural person consumers or professional Clients falling under the provisions of Article L.221-3 of the French Consumer Code (business with five employees or fewer, contract concluded off-premises and outside the scope of the main activity), this clause shall be applied in compliance with the rights granted to them by law. 12.5 Termination by BEHYPE. See Articles 6.4 and 18. 12.6 Effects of termination. At the end of the Subscription, the Client's access to paid features is suspended. Ongoing Collaborations may be brought to term under the agreed terms. Account data is retained for the duration referred to in Article 39.
TITLE IV - INTERMEDIATION SERVICE (P2B)
Article 13 - Collaboration offers
13.1 Initiative. A Collaboration offer may be created by a Client or by an Influencer via the Application interface. The offer specifies in particular: the planned date and time, the format (in person at the establishment, content delivered remotely, etc.), the type ("gifting" or "paid"), the publication conditions (number of Reels / Stories / Posts) and the publication deadlines. 13.2 "Gifting" mode. The Client offers a product, service or benefit in kind (meal, service, accommodation, etc.) in return for a publication, without financial flow passing through BEHYPE. The Client may however opt for a paid supplement. 13.3 Paid mode. The Client proposes a cash remuneration whose components are: - "businessAmount": total amount payable by the Client, excluding taxes, including the Marketplace Commission; - "influencerAmount": net amount to be received by the Influencer. No commission is taken from the Influencer; - the Marketplace Commission (Article 15). The ratio businessAmount >= influencerAmount + Marketplace Commission is automatically verified by BEHYPE; a non-compliant offer is rejected. 13.4 Counter-proposals. Before acceptance, each of the parties may issue a counter-proposal ("counter") relating to the date, conditions or remuneration. The counter-proposal constitutes a new offer. 13.5 Offer states. An offer is successively: "pending" (awaiting acceptance), "accepted" (accepted by both parties), "denied" (refused) or "canceled" (cancelled). The state is translated in the interface and accessible to both parties. 13.6 Publication deadlines. The publication duration after a Collaboration is set upon creation of the offer among three options: one to three days (one_three_days), three to seven days (three_seven_days) or seven to fifteen days (seven_fifteen_days). Upon expiration, the Collaboration may be closed and an automatic report for lack of publication may be triggered under the conditions of Article 16.
Article 14 - Formation of the collaboration contract
14.1 Acceptance. The explicit acceptance of an offer by both parties (Client and Influencer) entails the conclusion of a collaboration contract directly between them. BEHYPE intervenes solely as a technical intermediary. 14.2 Tripartite contract from EUR 1,000 excl. tax - Influencer Act. In accordance with French Act No. 2023-451 of 9 June 2023 as amended by Ordinance No. 2024-978 of 6 November 2024 and its implementing decree of 28 November 2025, any Collaboration whose cumulative amount (cash and benefits in kind) reaches or exceeds one thousand euros (EUR 1,000) excluding taxes gives rise to the conclusion of a written contract containing the particulars imposed by law: identity of the parties, missions, remuneration and benefits, rights and obligations including intellectual property, application of French law when the targeted audience is established in France. BEHYPE makes available a template contract integrated into the Collaboration journey, which the parties must complete and expressly accept. Failing express acceptance of this contract, the Collaboration cannot be performed. 14.3 Status of BEHYPE. BEHYPE intervenes as a technical intermediary. Depending on the circumstances of the Collaboration and the use of platform features (in particular the Wallet), BEHYPE may be regarded as an active intermediary within the meaning of French Act No. 2023-451; the consequences are described in Article 48. 14.4 Evidential force. Exchanges taking place in the Application's private messaging, acceptance history and uploaded documents are authentic between the parties.
Article 15 - Marketplace Commission (Client side)
15.1 Principle. For any paid Collaboration, BEHYPE collects from the Client a Marketplace Commission expressed as a percentage of the Influencer share ("influencerAmount"). This commission is due in return for making available the platform, the Wallet and intermediation services. It is added to the net Influencer amount to form the total amount actually paid by the Client ("businessAmount"). 15.2 Rate. The Marketplace Commission rate, applied to the net Influencer amount, is: - five per cent (5%) for FREE and STARTER Plans; - zero per cent (0%) for PREMIUM Plans. This rate covers all platform fees owed to BEHYPE for a Collaboration. No additional commission is taken from the Influencer: the entirety of the "influencerAmount" share is transferred to the Wallet, subject to the provisions of Article 25. 15.3 Calculation and rounding. The amount of the Marketplace Commission is calculated according to the formula: Commission = rounded up (influencerAmount x rate). The calculation is performed in whole euros. A tolerance of one cent (± EUR 0.01) is allowed for rounding. Consequently, the ratio businessAmount >= influencerAmount + Marketplace Commission is automatically verified by the Services; any non-compliant offer is rejected. 15.4 Illustration. For a paid Collaboration set at EUR 50 net for the Influencer: - Client on FREE or STARTER Plan (5%): the Client pays EUR 52.50 excl. tax (50 + EUR 2.50 Marketplace Commission); the Influencer is credited with EUR 50 on their Wallet; BEHYPE receives EUR 2.50; - Client on PREMIUM Plan (0%): the Client pays EUR 50 excl. tax (no Marketplace surcharge); the Influencer is credited with EUR 50 on their Wallet; BEHYPE receives no commission for this Collaboration. 15.5 Invoicing. The Marketplace Commission appears separately on the invoice issued by BEHYPE. It is subject to VAT at the legal rate in force. 15.6 Change. The rate may be modified under the conditions of Article 3.4.
Article 16 - Cancellation, no-show, no-publish
16.1 Cancellation by the Influencer. The Influencer endeavours to honour any accepted Collaboration. In case of impediment, they must cancel the Collaboration within a reasonable time and, in any event, without abuse of right, inform the Client via private messaging. 16.2 Cancellation by the Client. The Client may cancel an accepted Collaboration. In case of paid Collaboration, if a payment has already been held with Stripe for the benefit of the Influencer, the refund is automatically triggered to the payment method used. Repeated or unjustified cancellation may result in the imposition of a temporary ban preventing the Client from being booked by the same Influencer for the current month. This automatic mechanism is subject to a statement of reasons and a complaint route under Article 19. 16.3 No-show. The unjustified absence of a party at the set appointment constitutes a contractual breach. It may be reported via the chatbot, giving rise to a management ticket opened by BEHYPE, without however triggering any automatic financial penalty. The parties remain free to invoke any contractual or legal provision as a result. 16.4 No-publish. The absence of publication within the contractually agreed period (Article 13.6) constitutes a contractual breach attributable to the Influencer, reportable via the chatbot. BEHYPE may open a management ticket, contact the Influencer and, where appropriate, decide on suspension of the Account according to the rules of Article 6.5. 16.5 Complaint route. Any automated or manual decision taken by BEHYPE under this article (in particular the ban, suspension, refusal of credit) is subject to a statement of reasons notified to the User concerned and may be contested according to the procedure of Article 19.
Article 17 - Ranking transparency
17.1 Principle (P2B Regulation). In accordance with Article 5 of the P2B Regulation, BEHYPE sets out below the main parameters determining the ranking of establishment listings and Influencer profiles presented to Users, as well as their relative importance. 17.2 Main parameters. On the effective date of these terms, the criteria taken into account by the ranking algorithms are, in decreasing order of importance: - geographical relevance (proximity to the search area or the User's zone); - recent activity (date of last connections, last publication, last accepted Collaboration); - favourites counter ("favoriteNum") and engagement recorded on the platform; - the Tier of the Subscription subscribed to, for Clients: a higher Tier may give rise to editorial highlighting when explicitly signalled as such; - consistency of the information declared with that entered in external repositories (Google Places, verified social networks). 17.3 No paid advertising for organic ranking. The organic ranking of search results is not subject to any direct or indirect payment by a User for a better position, except for explicit "Featured" or equivalent mention, which makes any paid highlighting identifiable. 17.4 No sensitive behavioural profiling. Ranking does not use sensitive data within the meaning of Regulation (EU) 2016/679 (GDPR). It does not perform behavioural profiling based on special categories of data. 17.5 Change. Parameters and their weighting may be modified under the conditions of Article 3. An updated description is available on request from customer service.
Article 18 - Suspension, restriction and termination (P2B)
18.1 Grounds for suspension or restriction. BEHYPE may, in accordance with Article 4 of the P2B Regulation, suspend or restrict the access of a professional Client to all or part of the Services on the grounds exhaustively listed in Article 6.4. The decision is notified to the User with a precise and circumstantial statement of reasons. 18.2 Termination - 30-day notice. Except for serious breach, proven fraud, security infringement or injunction of a competent authority, termination by BEHYPE of the Subscription contract of a professional Client is notified with a notice period of thirty (30) days, by electronic means on a durable medium. 18.3 Effects of suspension and termination. During the suspension, the Client retains minimal access enabling them to retrieve their personal and professional data. In case of termination, cessation of Services and retention of data are carried out under the conditions of Article 39. 18.4 Information on applicable law and jurisdiction. The Client is informed that decisions of suspension or termination taken against them may be contested before the courts referred to in Article 56.
Article 19 - Complaints, P2B mediation and DSA reporting
19.1 Internal complaints handling system. Any User may address a complaint to BEHYPE concerning the operation of the service, a suspension decision, a ranking, the use of User Content or any other subject falling within the scope of the Services. The complaint is addressed: - through the dedicated form in the Application; or - by email to contact@behype-app.com. BEHYPE acknowledges receipt without delay and provides a reasoned response within a reasonable time, save in cases of complexity requiring further examination. Unfavourable decisions are reasoned and expressly indicate the routes of appeal. 19.2 P2B mediation. In accordance with Article 12 of the P2B Regulation, BEHYPE designates two (2) mediators with whom it undertakes to participate in good faith in any mediation attempt initiated by a professional Client: - Mediator 1: FEVAD e-commerce Mediator - https://www.fevad.com/mediation - Mediator 2: Paris Centre for Mediation and Arbitration (CMAP) - https://www.cmap.fr Mediation costs are borne according to the rules applicable to each organisation. This designation is not exclusive of other amicable settlement routes. 19.3 Consumer mediation. For disputes arising from relations with Users who are natural person consumers within the meaning of the preliminary article of the French Consumer Code, BEHYPE adheres to a consumer mediation scheme, whose details are published on the page www.be-hype.com/mediation-conso. Referral to the consumer mediator is free for the consumer and may be made by post or electronic means. 19.4 Reporting of illicit content (DSA). In accordance with Regulation (EU) 2022/2065 of 19 October 2022 ("DSA"), BEHYPE makes available a notification mechanism enabling any User or third party to report User Content deemed illicit. The notification may be addressed: - through the "Report" button available on each User Content; - by email to contact@behype-app.com. The notification must include: the identity and contact address of the notifier (except in cases where this identity is not required within the meaning of the DSA), a reasoned justification, a precise location (URL or content identifier), and a declaration of good faith. 19.5 Statement of reasons. Any moderation decision taken by BEHYPE (removal, blocking, downgrading, reporting, visibility restriction) is subject to a statement of reasons communicated to the User concerned, in accordance with Article 17 of the DSA. 19.6 Internal complaint (DSA). The User has a period of six (6) months to contest a moderation decision, via the dedicated form or by email. The contestation is subject to re-examination by a person not involved in the initial decision, and gives rise to a reasoned response. The extra-judicial appeal provided by Article 21 of the DSA remains open. 19.7 Single point of contact. The single point of contact within the meaning of Articles 11 and 12 of the DSA is: contact@behype-app.com. 19.8 Trusted flaggers. Notifications from certified trusted flaggers are processed as a priority and with enhanced diligence.
TITLE V - INFLUENCER, LEGAL OBLIGATIONS AND WALLET
Article 20 - Status of the influencer
20.1 Independence. The Influencer carries on their activity as an independent. They are neither an employee nor an agent of BEHYPE. They alone assume the organisation of their activity, their equipment, the choice of their Collaborations and the creation of the content. 20.2 Social and tax obligations. The Influencer is responsible for their social obligations (affiliation to the scheme applicable to their activity, declaration and payment of contributions) and tax obligations (declaration of income, payment of VAT where applicable, compliance with applicable legislation). BEHYPE does not withhold at source except under legal obligation, nor does it make any social declaration for the Influencer's activity. 20.3 Platform information. The Influencer undertakes to provide BEHYPE with the information necessary for the performance of Collaborations and compliance with applicable legal obligations, in particular under French Act No. 2023-451 and the P2B Regulation. 20.4 Multi-accounts. See Article 5.4.
Article 21 - Legal obligations specific to influencers
21.1 Amended Act of 9 June 2023. The Influencer is subject to French Act No. 2023-451 of 9 June 2023 as amended by Ordinance No. 2024-978 of 6 November 2024, and by its decree of 28 November 2025 (the "Influencer Act"). They undertake to comply with it scrupulously, and in particular: - to conclude a written contract with the advertiser when the cumulative amount of the Collaboration reaches one thousand euros (EUR 1,000) excluding taxes (Article 14.2); - to insert transparency mentions "advertising" / "commercial collaboration" / "paid partnership" (or any equivalent accepted by UMICC recommendations or competent authorities) on any sponsored content; - to comply with the promotion prohibitions listed in Article 22. 21.2 Sanctions. Non-compliance with the obligations arising from the Influencer Act exposes the Influencer to civil and criminal sanctions of up to two (2) years' imprisonment and three hundred thousand (300,000) euros in fines, as well as professional prohibitions. 21.3 Joint and several liability. The Influencer Act establishes, under certain conditions, joint and several liability of the advertiser, the Influencer and the agent / intermediary for damages caused to third parties. The status of BEHYPE is described in Article 48. 21.4 Compliance with social platform rules. The Influencer warrants that their publications comply with the general terms and policies applicable on the social networks concerned (Meta, TikTok, YouTube, etc.).
Article 22 - Transparency mentions and promotion prohibitions
22.1 Transparency of commercial nature. Any content published by the Influencer in the framework of a BEHYPE Collaboration unambiguously indicates its commercial nature, by affixing clear and visible mentions: "advertising", "commercial collaboration", "paid partnership", "invitation" (for the "gifting" mode) or any equivalent recognised by the competent authorities. 22.2 Promotion prohibitions (Influencer Act). Direct or indirect promotions are prohibited relating to: - the acts, processes, techniques and methods with aesthetic purposes mentioned in Article L. 1151-2 of the French Public Health Code (aesthetic surgery, injections, etc.) and acts of aesthetic medicine and surgery within the meaning of the Influencer Act; - therapeutic abstention or promotion of a product or method presented as an alternative to a scientifically validated medical act; - nicotine, outside of frameworks expressly authorised by legislation on tobacco and similar products; - crypto-assets and digital asset services, unless the advertiser is a digital asset service provider (DASP) registered with the French Financial Markets Authority; - sports betting and gambling in general, unless the legal warning mention is inserted (in particular "prohibited for minors") and the warning on risks of dependence; - "dropshipping" practices when the Influencer is not able to guarantee the availability of the product or its compliance with European requirements. Any Collaboration relating to these categories must be refused by the Influencer, who may, where appropriate, inform BEHYPE. 22.3 Other restrictions. The Influencer respects the other specific restrictions applicable to certain sectors (alcohol, video games rated PEGI 18, adult content, etc.). In case of doubt, they are invited to consult their legal advisers. 22.4 Illicit content. Content of a pornographic, racist, xenophobic, revisionist, defamatory, harassing character, inciting violence or hatred, or infringing the fundamental rights of third parties is strictly prohibited. The publication of such content results in the immediate closure of the Account and may give rise to notification to the competent authorities.
Article 23 - Tripartite contract from EUR 1,000 excl. tax
23.1 Scope of application. Any contract whose cumulative amount (cash and benefits in kind) reaches or exceeds one thousand euros (EUR 1,000) excluding taxes is, pursuant to the Influencer Act, concluded in writing between the advertiser, the Influencer and, where applicable, the agent / intermediary. 23.2 BEHYPE template contract. BEHYPE makes available to the parties, in the offer creation journey, a template contract integrating the minimum clauses legally required: identification of the parties, mission entrusted, considerations, rights and obligations relating in particular to intellectual property, mention of the application of French law when the targeted audience is established in France, transparency, and transparency rules referred to in Article 22. 23.3 Electronic acceptance. The parties expressly accept the template contract by electronic signature in accordance with the provisions of Regulation (EU) No. 910/2014 (eIDAS). Failing express acceptance, the Collaboration cannot be performed. 23.4 Modifications. The parties may add particular clauses, provided that they do not contravene the minimum legal clauses. In case of contradiction, the minimum legal clauses prevail.
Article 24 - BeHype Wallet and remuneration
24.1 Nature of the Wallet. The Wallet is a registered balance, expressed in euros, recorded in the Influencer's Account. It reflects the total sums actually credited under performed paid Collaborations. No commission is taken from these sums at the expense of the Influencer. 24.2 Wallet credit. A sum is credited to the Wallet when: - the paid Collaboration has moved to the "credited" state in the Application, which presupposes in particular effective performance and compliant publication of the content; and - no no-show, no-publish or serious dispute report is pending. 24.3 Stripe Connect. Payments are made through the Stripe Connect service, operated by Stripe Payments Europe Ltd. The Influencer must, before any withdrawal, complete the know your customer (KYC) procedure directly in the Stripe interface: identity, supporting documents, IBAN bank details, etc. KYC data is collected and retained by Stripe, as an approved payment services provider. BEHYPE has access only to information strictly necessary for the performance of the Services (status of validation, status of payouts). 24.4 Currency. Payments are made in euros (EUR). Any exchange fees are borne by the Influencer. 24.5 No interest. The Wallet does not bear interest. It does not constitute a bank deposit within the meaning of applicable legislation and is not covered by a deposit guarantee scheme. 24.6 Suspension. BEHYPE may suspend all or part of the Wallet balance in case of suspicion of fraud, ongoing investigation, ongoing dispute, or any request from a competent authority, until the ground for suspension is lifted.
Article 25 - Withdrawal, taxation and no commission (Influencer side)
25.1 No commission at the Influencer's expense. No commission, withholding or platform fee is taken by BEHYPE on sums credited to the Influencer's Wallet under a paid Collaboration. The entirety of the "influencerAmount" agreed upon at the acceptance of the Collaboration is transferred to the Influencer, without deduction, subject only to any fees charged by Stripe for the bank transfer and described below. 25.2 Stripe payment fees. Payouts are executed by Stripe. Certain fees may be withheld by Stripe (international transfer fees, currency conversion fees, account fees, penalties in case of transfer return, etc.) according to conditions published by Stripe. These fees are borne by the Influencer and are independent of BEHYPE. An updated description is accessible at https://stripe.com/fr/pricing. 25.3 Minimum withdrawal. Withdrawal (payout) from the Wallet is open from a minimum available balance of fifty euros (EUR 50). BEHYPE reserves the possibility of modifying this threshold under the conditions of Article 3. 25.4 Withdrawal methods. Withdrawal is made from the Influencer Account interface. Once triggered, it is executed by Stripe according to its own timelines, generally between one and seven working days. BEHYPE does not guarantee a shorter timeframe than that practised by Stripe and cannot be held liable for delays attributable to the payment institution. 25.5 Taxation. The sum paid to the Influencer constitutes income from their independent activity. The Influencer is solely responsible for declaring this income to the competent tax and social administrations, for paying social contributions and VAT where applicable. When the Influencer is subject to VAT, they inform BEHYPE and provide their intra-Community VAT number so that invoicing may be carried out accordingly. 25.6 Reporting (DAC7 / "marketplace tax"). When the thresholds set by the reporting obligations arising from Directive DAC7 and their French transposition are reached, BEHYPE is required to communicate certain information to the competent administrations. The Influencer undertakes to communicate the information required for the purposes of this declaration. 25.7 Payment disputes. Any dispute relating to a credited, withdrawn or suspended amount is subject to an internal complaint handled in accordance with Article 19.
TITLE VI - USER CONTENT (NOW)
Article 26 - Definition and publication
26.1 Definition. "User Content" means any content published, transmitted or stored by a User via the Services, and in particular: - short videos ("Now") published in the BEHYPE feed; - photos and videos shared in the framework of a Collaboration; - messages exchanged via private messaging or with the chatbot; - listings and descriptions filled in by Users. 26.2 Publication on social networks. The User may, from their User Content, share it on their Instagram, TikTok or other social network accounts. This sharing is done under their sole responsibility and in compliance with the conditions of the platforms concerned. 26.3 Hosting. BEHYPE hosts User Content on its cloud infrastructure. In this capacity, it qualifies as a host within the meaning of Article 6 of French Act No. 2004-575 of 21 June 2004 and the DSA, and benefits from the limited liability regime resulting therefrom.
Article 27 - Licence of rights on User Content
27.1 Retention of ownership by the User. The User retains full and entire ownership of the intellectual property rights attached to their User Content. No ownership right is assigned to BEHYPE. 27.2 Licence granted to BEHYPE. The User grants BEHYPE, for the legal duration of the rights, on a non-exclusive, free basis and for the whole world, a licence of use relating to User Content for the following purposes: - hosting, storage and backup; - reproduction and representation for display purposes in the Services (Now feed, listing of the associated establishment, searches); - strictly technical adaptation necessary for distribution (transcoding, resizing, compression); - promotion of the Services by BEHYPE, within the limits of Article 27.4. 27.3 Licence granted to the Client (Collaborations). When User Content is created in the framework of an accepted Collaboration, the Influencer grants to the corresponding Client, save more favourable particular clause of the Collaboration contract, a non-exclusive licence, free and for the whole world, allowing them to reproduce and represent the User Content for the promotion of their establishment, for a duration of twelve (12) months from publication. Any use beyond this duration or outside this scope requires prior written agreement and any additional remuneration. The Client undertakes to respect the moral right of the Influencer (name, integrity of the work). 27.4 Promotional use. BEHYPE may use excerpts of User Content, anonymised or cited faithfully to the work, for the promotion of its Services (social networks, communication materials). The User may object to this use at any time by email to contact@behype-app.com. 27.5 Withdrawal. The User may withdraw User Content at any time from the Application. The withdrawal entails cessation of the granted licence, subject to residual technical copies (backups, caches) which are deleted within reasonable timeframes.
Article 28 - User warranties
The User warrants that they have all the rights and authorisations necessary to publish the User Content via the Services. They warrant in particular: - to hold the intellectual property rights on the elements composing it (or to have obtained the necessary licences from the rights holders); - to have obtained the consent of identifiable natural persons appearing in the content, under image rights and GDPR; - not to include distinctive signs, trademarks, logos or protected content of third parties without authorisation; - not to include illicit content or content contrary to Articles 22.2 and 22.4; - to respect applicable advertising transparency rules (Article 22.1). The User warrants BEHYPE and holds it harmless against any claim, legal action or condemnation resulting from the violation of these warranties.
Article 29 - Moderation and reporting (DSA)
29.1 Moderation policy. BEHYPE implements a moderation policy for User Content aimed at preventing and removing illicit content, content contrary to these GTUS or to the rights of third parties. Moderation is carried out mainly by humans (a posteriori, on report) and, where appropriate, by technical detection tools. 29.2 Moderation decisions. BEHYPE may decide, on report or on its own initiative: - the removal of User Content; - the restriction of its visibility; - the conditioning of republication; - the warning, suspension or closure of the Account of the User at the origin of the content. 29.3 Statement of reasons. Any moderation decision is subject to a statement of reasons notified to the User concerned by email and within the Application, in accordance with Article 17 of the DSA. 29.4 Route of appeal. The User may contest the decision according to the procedure of Article 19.6 within a period of six (6) months. They also have the right to use the extra-judicial dispute resolution provided by Article 21 of the DSA. 29.5 Prohibition of "dark patterns". BEHYPE undertakes not to implement manifestly misleading or manipulative processes within the meaning of Article 25 of the DSA. 29.6 Minors. In accordance with Article 28 of the DSA, BEHYPE implements appropriate measures to ensure a high level of protection of minors. The Services are reserved for adults (Article 5.1). No advertising targeting based on profiling of personal data of a minor is implemented.
TITLE VII - AUTOMATED SYSTEMS AND ARTIFICIAL INTELLIGENCE
Article 30 - Assistance chatbot
30.1 Description. BEHYPE makes available to Users an assistance chatbot integrated into the Application. The chatbot is, on the effective date of these terms, a scripted assistant (state machine) without recourse to a generative artificial intelligence model for formulating its responses. 30.2 Transparency (AI Act). In accordance with Article 50 of Regulation (EU) 2024/1689 on artificial intelligence, the User is informed that they are interacting with an automated system. 30.3 Scope. The chatbot may inform the User, direct their requests and open tickets to customer service. It does not carry out payment operations, credit or Account closure. Responses provided by the chatbot do not contractually bind either BEHYPE or the User, unless later expressly confirmed by BEHYPE. 30.4 Human escalation. Upon User request or automatic detection, the conversation may be transferred to a human agent.
Article 31 - AI enrichment of establishment listings
31.1 Description. BEHYPE may call upon generative artificial intelligence models, in particular those provided by the company Anthropic (Claude), in order to enrich or draft part of the establishment listings (biography, type of activity, thematic tags, hosting conditions). The enrichment sources are: - the website declared by the establishment; - associated Google Places listings; - declared public Instagram profiles (obtained where appropriate via the provider Apify Sp.z.o.o.). 31.2 Validation. The Client may consult, modify or delete at any time the elements generated by the AI from the interface of their Account. Any erroneous content is subject to an immediate right of rectification, in accordance with Article 42. 31.3 Limits. Content generated by AI may contain errors, omissions or approximations. BEHYPE does not guarantee its exhaustive accuracy. The Client remains responsible for the information disseminated to the public and its conformity with the reality of their activity. 31.4 AI sub-processor information. Data transmitted to Anthropic and Apify for enrichment purposes is strictly limited to that necessary for the performance of the purpose and subject to the standard contractual clauses adopted by the European Commission for transfers outside the EU (Article 41).
Article 32 - Automated auto-onboarding
32.1 Description. In order to offer a rapid Service to identified establishments, BEHYPE may automatically create (by scheduled task or "cron") provisional establishment listings, and send to their holder an email invitation to take control of the listing. 32.2 Opt-in / opt-out. The invitation email is sent by the provider Brevo. Any recipient may object to this sending, request the deletion of the provisional listing and all associated data, by response to the invitation email or by writing to contact@behype-app.com. 32.3 GDPR compliance. Processing is carried out on the basis of BEHYPE's legitimate interest in making its Services known to establishments corresponding to its target, with implementation of appropriate safeguards (limitation to public data, possibility of refusal, listings not publicly visible before taking control).
Article 33 - Automated content / establishment matching
33.1 Description. BEHYPE implements automated processing of linking certain User Content (in particular "Now" videos) to an establishment identified by its internal identifier ("businessID"). This linking may produce contractual effects (eligibility for Wallet credit, counting of Collaboration performance, display of content on the establishment's listing). 33.2 Individual automated decision (GDPR Article 22). The linking may be regarded as an individual automated decision within the meaning of Article 22 of the GDPR. The User consequently has the right: - to obtain human intervention; - to express their point of view; - to contest the decision and request its rectification. The contestation is done through the procedure of Article 19. 33.3 Information. The User is informed in advance, by mention in the Application, of the implementation of automated processing and the purpose pursued.
Article 34 - Human intervention and rectification
34.1 Principle. Any substantial decision taken by an automated system (matching, linking, ranking, automatic suspension) may be contested by the User. BEHYPE guarantees access to a complaint route open on human intervention, under the conditions of Article 19. 34.2 Documentation. BEHYPE retains succinct documentation of the main automated systems used (purpose, input data, main parameters) accessible on request from customer service. 34.3 Changes. Automated systems evolve as the Service develops. Any substantial evolution (introduction of a high-impact generative model, modification of the scope of use) is subject to a communication to Users and, if applicable, an update of these terms under the conditions of Article 3.
TITLE VIII - PERSONAL DATA
Article 35 - Data controller and officer
35.1 Data controller. BE HYPE SAS, whose contact details are set out in Article 2, is the data controller for all operations carried out on the personal data of Users in the framework of the Services. 35.2 Contact. Any request relating to the processing of personal data may be addressed to: contact@behype-app.com. 35.3 Data protection officer. On the effective date of these terms, BEHYPE is not obliged to designate a data protection officer within the meaning of Article 37 of the GDPR. Requests may be addressed to the point of contact above.
Article 36 - Purposes and legal bases
The processing carried out by BEHYPE pursues the following purposes: - Performance of the contract binding the User to BEHYPE (Account creation and management, provision of Services, invoicing, payment) - legal basis: Article 6.1.b of the GDPR (performance of contract); - Compliance with legal and regulatory obligations (accounting, anti-money laundering, response to competent authorities, obligations arising from the DSA, the P2B, the Influencer Act) - legal basis: Article 6.1.c of the GDPR; - Security of the Services, fraud prevention, dispute management - legal basis: Article 6.1.f of the GDPR (legitimate interest); - Improvement of the Services, aggregated usage statistics - legal basis: Article 6.1.f of the GDPR (legitimate interest); - Commercial communications with existing Users on similar products - legal basis: Article 6.1.f of the GDPR (legitimate interest, right of objection); - Commercial communications with prospects (auto-onboarding, prospecting) - legal basis: Article 6.1.f of the GDPR (legitimate interest) or Article 6.1.a (consent) as the case may be; - Cookies and non-strictly-necessary trackers - legal basis: Article 6.1.a of the GDPR (consent, see Article 51).
Article 37 - Data collected
BEHYPE collects the following categories of data: - Identification data: name, first name, company name, SIRET, address, email, phone; - Authentication data: identifier, password (hashed), session tokens, push tokens; - Professional data: type of activity, location of the establishment, establishment listings, photos and videos; - Collaboration data: offers, messages, evaluations, performance history; - Payment data: payment methods (management delegated to Stripe), transaction history; - Social token data: Instagram (Meta) and TikTok access tokens obtained by OAuth, and public data associated with the profile (username, number of followers, recent posts, verified status); - Navigation data: IP address, user agent, access logs, technical identifiers; - AI and matching data: inputs / outputs of automated processing described in Articles 31 to 33; - Reporting and moderation data: reports issued or received, statement of reasons, decisions and their history.
Article 38 - Retention periods
Data is retained for the duration strictly necessary for each purpose, under the following conditions: - Data of the active Account: for the duration of use of the Account; - Data after closure of the Account: three (3) years, unless longer legal necessity; - Accounting data and invoices: ten (10) years from the closure of the financial year (Article L.123-22 of the French Commercial Code); - Payment data: duration imposed by applicable legal obligations (PCI-DSS, anti-money laundering) and retained by Stripe for the most part; - Prospecting data: three (3) years from the last contact or objection; - Social tokens (Instagram, TikTok): for the duration of activation of the social connection or until revocation by the User; - Private messages between Users: three (3) years from sending, unless longer duration required by an ongoing dispute or a legal obligation; - Reports and moderation decisions: minimum duration provided by the DSA, and at least five (5) years for significant decisions; - Data relating to anti-fraud measures: duration necessary for the purpose, and at most five (5) years after the closure of the account concerned. At the end of these periods, the data is deleted or anonymised.
Article 39 - Recipients and sub-processors
Data is intended for authorised BEHYPE personnel and its technical sub-processors. On the effective date of these terms, these sub-processors are: - Stripe Payments Europe Ltd: payments and Stripe Connect, KYC; - Brevo (Sendinblue SAS): sending of transactional and commercial emails and SMS; - Google Ireland Limited and Google LLC: Firebase Authentication, Realtime Database, Cloud Storage, Cloud Messaging, Google Places; - MongoDB Limited (MongoDB Atlas): relational database; - Anthropic, PBC: generative artificial intelligence models (enrichment, classification, matching); - Apify Sp.z.o.o.: retrieval of public Instagram data; - Meta Platforms Ireland Ltd: Instagram OAuth, public profile data; - TikTok Information Technologies UK Ltd / TikTok Pte. Ltd.: TikTok OAuth, public profile data. This list may be updated. The updated list is available on request and published in the Privacy Policy. BEHYPE concludes with each of its sub-processors a contract in accordance with Article 28 of the GDPR.
Article 40 - Transfers outside the EU
Certain processing involves a transfer of personal data to countries located outside the European Economic Area, in particular to the United States (Stripe, Google, MongoDB, Anthropic, Meta, TikTok). These transfers are governed by: - for Google and Meta: adequacy decision of 10 July 2023 on the EU - United States Data Privacy Framework, provided that these sub-processors are certified under this framework; - failing this, by the standard contractual clauses adopted by the European Commission (decision 2021/914); - for sub-processors established in countries benefiting from an adequacy decision, by that decision; - for transfers to the United Kingdom, by the adequacy decision of 28 June 2021. Users may obtain a copy or additional information on the safeguards implemented, by request addressed to contact@behype-app.com.
Article 41 - Rights of data subjects
In accordance with Articles 12 to 23 of the GDPR and French Act No. 78-17 of 6 January 1978 as amended, the User has the following rights: access, rectification, erasure (right to be forgotten), restriction of processing, objection (in particular to prospecting), portability, and the right to define directives relating to the fate of their data after their death. When the processing is based on consent, the User may withdraw it at any time. When the processing includes an individual automated decision within the meaning of Article 22 of the GDPR, the User has the right to obtain human intervention, to express their point of view and to contest the decision (see Articles 33 and 34). These rights are exercised by email to contact@behype-app.com. BEHYPE may, in case of reasonable doubt as to the identity of the requester, request an identity document for verification purposes only. The User may lodge a complaint with the French National Commission for Information Technology and Civil Liberties (CNIL), 3 Place de Fontenoy, 75007 Paris (www.cnil.fr). Account-related data may be entirely deleted by the User from the Application (definitive deletion of the Account), subject to the legal retention periods referred to in Article 38.
Article 42 - Security and breaches
42.1 Security measures. BEHYPE implements appropriate technical and organisational measures to ensure the confidentiality, integrity and availability of the data, in accordance with Article 32 of the GDPR: encryption in transit (TLS), encryption at rest for sensitive data, access control, logging, backups, business continuity and recovery plan. 42.2 Notification to CNIL. In case of a personal data breach likely to result in a risk to the rights and freedoms of data subjects, BEHYPE notifies the incident to the CNIL within a maximum period of seventy-two (72) hours in accordance with Article 33 of the GDPR. 42.3 Information of data subjects. When the breach is likely to result in a high risk to the rights and freedoms of data subjects, BEHYPE informs them as soon as possible, in accordance with Article 34 of the GDPR. 42.4 Information of the Client. When BEHYPE acts as a sub-processor for the Client, it informs the latter without undue delay after becoming aware of a breach, and at the latest within forty-eight (48) hours, providing the elements necessary for the Client's own notification obligation.
TITLE IX - INTELLECTUAL PROPERTY
Article 43 - BEHYPE's rights on the Service
BEHYPE holds all intellectual property rights relating to the Site, the Application, their source codes, interfaces, editorial content (texts, illustrations, photographs, videos, sounds, trademarks, logos, denominations), as well as associated databases, in compliance with the rights of third parties. Any reproduction, representation, adaptation, distribution, translation or exploitation, in whole or in part, by any means whatsoever, without the express, written and prior authorisation of BEHYPE, is strictly prohibited and constitutes an act of infringement sanctioned by the provisions of the French Intellectual Property Code. The User has a personal right of use of the Services within the limits of their destination and for the duration of the Subscription or Account. This right does not entail any transfer of ownership.
Article 44 - Content produced by BEHYPE for the Client
When BEHYPE produces, at the request of a Client, studies, designs, prototypes, photographs, videos or other content with a view to the performance of a specific service (beyond standard Services), the related rights remain the property of BEHYPE, save express clause to the contrary agreed in a particular document signed between the parties. Use by the Client is subject to express, written and prior authorisation, which may be conditional on financial consideration. After the cessation of the contractual relationship, the content thus produced may not be exploited by the Client in the absence of a specific written agreement. In case of unauthorised use, a fixed indemnity of five hundred (500) euros per photo or video used may be requested, without prejudice to the application of the provisions of the French Intellectual Property Code.
Article 45 - User content - reference
The rights relating to User Content (including "Now" content) are governed by Articles 26 to 29. Any exploitation by the Client of User Content produced in the framework of a Collaboration is strictly governed by the licence defined in Article 27.3.
TITLE X - LIABILITY
Article 46 - Obligations of means
BEHYPE undertakes to perform its obligations with the reasonable seriousness and diligence expected of a professional acting in its sector. Save express provision to the contrary, BEHYPE's obligations constitute obligations of means and not obligations of result. In particular, BEHYPE does not guarantee the permanent accessibility of the Service, nor the absence of error in AI-generated content, nor the quality, relevance or commercial success of the Collaborations carried out via the platform.
Article 47 - Limitation of liability
47.1 General limitation. Subject to public policy rules, BEHYPE's liability is limited to direct damages caused to the User by a proven breach of a contractual obligation. Excluded are indirect damages, whether foreseeable or not, and in particular: loss of profits, loss of turnover, loss of chance, loss of customers, loss of reputation, loss or alteration of data, loss of earnings. 47.2 Cap. In any event, the cumulative amount of compensation likely to be owed by BEHYPE under these terms may not exceed, for a period of twelve (12) consecutive months, the amount of fees actually paid by the Client to BEHYPE during the twelve (12) months preceding the triggering event. 47.3 Exclusions. Excluded from any liability of BEHYPE are: damages resulting from the fault of the User, from the act of a third party, from a case of force majeure (Article 53) or from the non-performance of an obligation incumbent on the User.
Article 48 - Intermediary status and joint and several liability
48.1 Intermediation. BEHYPE acts primarily as a technical intermediary between Clients and Influencers. Its liability cannot be engaged for faults, breaches, delays or refusals attributable to the Users among themselves in the performance of their Collaboration. 48.2 Influencer Act - Status. French Act No. 2023-451 of 9 June 2023 as amended distinguishes between the simple technical provider and the influencer agent / intermediary. BEHYPE features related to the Wallet and to the collection-remittance of funds (Articles 24 and 25) may lead to BEHYPE being qualified as an intermediary within the meaning of this Act. Consequently, BEHYPE participates in making available the tripartite template contract (Article 23) and cooperates with competent authorities in case of investigation. 48.3 Joint and several liability. In accordance with the aforementioned law, BEHYPE may, under certain conditions, have its liability engaged jointly and severally with the advertiser and the Influencer for damages caused to third parties as a result of the content or performance of a Collaboration. BEHYPE may exercise all recourse against the party at the origin of the damage. 48.4 Host. Under the hosting of User Content, BEHYPE benefits from the limited liability regime provided by French Act No. 2004-575 of 21 June 2004 (LCEN) and the DSA.
TITLE XI - ACCESSIBILITY, COOKIES AND CONSUMER PROTECTION
Article 49 - Accessibility declaration
49.1 Commitment. In accordance with Directive (EU) 2019/882 of 17 April 2019 on the accessibility of products and services ("European Accessibility Act"), as transposed into French law, BEHYPE undertakes to work to make its Services accessible to persons with disabilities, under the conditions and limits set by this regulation. 49.2 Reference framework. The accessibility objective aimed at is compliance with the Web Content Accessibility Guidelines (WCAG) 2.1, level AA, and the general accessibility improvement reference framework (RGAA) for editorial components. 49.3 Accessibility declaration. The accessibility declaration is accessible at www.be-hype.com/accessibilite. It specifies the status of compliance, residual non-compliances, the action plan and the reporting mechanism. 49.4 Reporting mechanism. Any non-compliance or difficulty encountered may be reported to contact@behype-app.com. 49.5 Micro-enterprise exemption. When BEHYPE is eligible for the "micro-enterprise" exemption provided by the directive (fewer than ten employees and annual turnover less than two million euros), this article applies on a voluntary basis.
Article 50 - Cookies and trackers
The cookies and other trackers placed by BEHYPE on the User's terminal are described, along with their purposes, in the Cookies Policy accessible at www.be-hype.com/cookies. Trackers strictly necessary for the operation of the Services or requested by the User (authentication, cart, security) are placed without prior consent, in accordance with CNIL recommendations. The other trackers (non-strictly-necessary audience measurement, advertising trackers, social network trackers) are placed after collecting the free, informed, specific and unambiguous consent of the User, expressed via a consent management banner allowing a refusal as easy as acceptance. The User may at any time modify their choices from the "Manage my cookies" link of the Site or the Application.
Article 51 - Right of withdrawal
51.1 Principle for consumers. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer User having subscribed remotely or off-premises has a period of fourteen (14) days to exercise their right of withdrawal, without having to justify their decision or pay any penalty other than those possibly due for commencement of performance with their agreement. 51.2 Express waiver. When the provision of the Service begins before the expiration of the withdrawal period and with the express agreement of the User, the latter expressly waives their right of withdrawal for the performance already carried out. A total waiver of the effect of withdrawal may be provided in the cases exhaustively listed by law. 51.3 Methods of exercise. Withdrawal may be exercised by any unambiguous written means (postal mail, email to contact@behype-app.com) or via the standard form accessible in the Commercial Policy. 51.4 Professional Clients. As a principle, the right of withdrawal is excluded for professional Clients. It is however open, under the conditions of Article L.221-3 of the French Consumer Code, to businesses meeting the three following cumulative conditions: (i) contract concluded off-premises, (ii) subject of the contract not falling within the scope of the main activity of the business, (iii) fewer than or equal to five employees. Where applicable, the fourteen (14) day period applies.
TITLE XII - FINAL PROVISIONS
Article 52 - Unforeseeability
By derogation from Article 1195 of the French Civil Code, the parties agree that no party may request the renegotiation of the Contract in case of change of unforeseeable circumstances rendering its performance excessively onerous, and that each party is deemed to assume the risk associated with the change of economic, technical, commercial or monetary circumstances affecting its activity. The parties remain free to agree, by mutual agreement, to renegotiate.
Article 53 - Force majeure
Within the meaning of Article 1218 of the French Civil Code, any event beyond the control of the party invoking it, which could not reasonably be foreseen at the conclusion of the Contract and whose effects cannot be avoided by appropriate measures, constitutes a case of force majeure. Are notably considered as such natural disasters, armed conflicts, acts of the legislator or regulator preventing the performance of the Contract, generalised failures of public telecommunications or energy infrastructures. The performance of the obligations affected by a case of force majeure is suspended for the duration of the event. The party invoking it informs the other without delay. If the impediment persists for more than sixty (60) days, each of the parties may terminate the Contract as of right, without indemnity.
Article 54 - Exception of non-performance
In accordance with Articles 1219 and 1220 of the French Civil Code, each party may refuse to perform its obligation, even though it is due, if the other does not perform theirs and if this non-performance is sufficiently serious. The suspension of performance takes effect by written notification to the defaulting party. The exception of non-performance may also be invoked as a preventive measure when it is manifest that the defaulting party will not perform its obligations at maturity and that the consequences would be sufficiently serious.
Article 55 - Resolution of the contract
55.1 Resolution for breach. In case of breach by a party of any of its essential obligations, the other party may, after sending a formal notice to perform sent by registered letter with acknowledgement of receipt and remaining without effect for a period of fifteen (15) days, pronounce the resolution of the Contract as of right, by written notification. 55.2 Resolution for force majeure. In case of force majeure persisting for more than sixty (60) days, each party may terminate the Contract as of right, by registered letter with acknowledgement of receipt or any equivalent written means, without indemnity. 55.3 Effects. Resolution entails cessation of contractual relations. Obligations relating to confidentiality, intellectual property, data protection and liability survive the resolution. 55.4 Compensation. The party victim of the breach retains the right to request in court the award of damages in reparation of the prejudice suffered.
Article 56 - Applicable law and jurisdiction
56.1 Applicable law. These General Terms are governed by French law. 56.2 Prior mediation - consumer. In case of dispute with a consumer User, the latter may refer free of charge to the consumer mediator designated by BEHYPE, in accordance with Articles L.611-1 et seq. of the French Consumer Code. The contact details of the mediator are accessible at www.be-hype.com/mediation-conso. This referral is without prejudice to any other amicable or contentious settlement route. 56.3 Extra-judicial online settlement. The European Commission makes available an online dispute resolution platform accessible at https://ec.europa.eu/consumers/odr/. 56.4 P2B mediation. See Article 19.2. 56.5 Competent courts - Professional Clients. In case of dispute with a professional User persisting after a mediation attempt, the courts of Aix-en-Provence are solely competent, including in case of plurality of defendants or call in guarantee. 56.6 Competent courts - Consumer. The provisions of the French Consumer Code and the French Code of Civil Procedure relating to the jurisdictional competence of the courts of the consumer's domicile prevail over the jurisdiction clause of Article 56.5.
Article 57 - Time-stamped acceptance and enforceability
57.1 Express acceptance and version. The User acknowledges having accepted these GTUS, in the version identified at the top of the document, at the time of the creation of their Account, of the subscription of a Subscription or, where applicable, at the time of a substantial update notified in accordance with Article 3.4. 57.2 Evidence. BEHYPE retains, for each acceptance, the following elements as evidence: User identifier, GTUS version, date and time of acceptance, IP address and user agent. These elements may be produced in court. 57.3 Partial nullity. If a stipulation of these terms were declared null or unenforceable by a competent court, the other stipulations would retain their full value, provided that they can be detached from the invalid clause. 57.4 Waiver. The absence of exercise by BEHYPE of a right arising from these terms cannot be interpreted as a waiver of this right. 57.5 Contractual documents. These GTUS, the Privacy Policy, the Cookies Policy and any particular contract signed between the parties constitute the entire agreement between BEHYPE and the User. In case of contradiction, the order of priority is: (i) the particular contract signed, (ii) the particular conditions accepted at the subscription, (iii) these GTUS.
- Version 1.0 - 23 June 2026 - current version
- Version of 10 April 2024