General Terms and Conditions of Sale and Use of Caves Explorer

Version: 1.1 Date: 7 October 2026 Status: draft pending legal review.

Translation provided for information. Only the French version of these Terms is legally binding.

Preamble

These General Terms and Conditions of Sale and Use (the "GTCSU") are proposed by APROGSYS, a French société par actions simplifiée with share capital of EUR 60,000, registered with the Besançon Trade and Companies Register under number 437 768 385, SIRET 437 768 385 00035, intra-Community VAT number FR51437768385, with registered office at 14 rue de la Fayette, Bâtiment B, 25000 Besançon, France, represented by its legal representative, who also acts as publication director of the website www.caves-explorer.com (hereinafter "APROGSYS").

Contact: contact@caves-explorer.com · +33 (0)6 74 95 90 18. Customer service postal address: same as registered office.

APROGSYS publishes the online software Caves Explorer, a wine cellar management solution, and sells the associated hardware (NFC Medallions and NFC Readers). The Service is hosted in the European Union, in France, by OVH SAS.

The GTCSU comprise three titles: Title I applies to all Clients, Title II applies only to Professional Clients, Title III applies only to Individual Clients. The appendices form an integral part of the GTCSU.

Title I. Provisions common to all Clients

Article 1. Definitions

Capitalised terms have the following meaning, both in the singular and the plural.

• **Subscription**: paid right of access to the Service, according to the chosen Plan and Payment Mode.
• **Client**: person who creates an Account and accepts the GTCSU. The Client is either a Professional Client or an Individual Client.
• **Professional Client**: natural or legal person acting for purposes relating to their commercial, industrial, craft, professional or agricultural activity, identified by a SIRET number or equivalent identifier.
• **Individual Client**: natural person acting for purposes outside their professional activity, as well as, for provisions legally applicable to them, non-professionals within the meaning of the preliminary article of the French Consumer Code.
• **Account**: Client's personal area on the Service, attached to a single establishment or a single cellar.
• **Order**: any validation by the Client, in the Service, of a Subscription, a change of Plan or Payment Mode, or Hardware.
• **Contract**: the body composed of the GTCSU and their appendices, the summary of each Order and, where applicable, the Special Conditions.
• **Special Conditions**: written conditions specific to a Client, in particular a signed Signature quote or a guaranteed price commitment.
• **Commitment End Date**: date defined in article 10.4.
• **Due Date**: date on which a Fee becomes payable. In Monthly Mode, the Due Date recurs each month on the same day as the first; in Annual Mode, each year.
• **Commitment**: obligation for the Client to maintain their monthly Subscription until the Commitment End Date, in return for Included Medallions (article 10).
• **Client Area**: section of the Service where the Client can view their Subscription, Orders, invoices, Commitment End Date, and where they can cancel.
• **Trial**: free trial period of the Service as defined in article 5.
• **Starter Kit**: pack composed of one hundred (100) Medallions and one (1) Reader, sold under the conditions of article 7.4.
• **Reader**: NFC reader sold by APROGSYS.
• **Hardware**: Medallions, Readers and Starter Kit.
• **Medallion**: NFC tag (near-field communication technology, the same as contactless payment) designed to be attached to the neck of a bottle, packaged in lots of one hundred (100).
• **Active Medallion**: Medallion associated, in the Service, with a bottle present in the cellar.
• **Included Medallion**: Medallion supplied without separate payment, in return for a Commitment (article 10).
• **Unit Medallion**: Medallion purchased at the unit price, without commitment.
• **Payment Mode**: monthly mode (one Fee per month) or annual mode (twelve monthly Fees paid in advance).
• **Plan**: Solo, Domaine or Signature Subscription offer, described in article 6 and appendix A.
• **Fee**: price of the Subscription for a monthly or annual period.
• **Service**: online software Caves Explorer, accessible in particular at pro.caves-explorer.com and through its applications, as well as the related services described in the GTCSU.
• **Commitment Balance**: amount defined in article 10.3.
• **User**: natural person authorised by the Client to access the Service under their Account.
• **Reference Value**: conventional value of an Included Medallion, set in appendix A, used exclusively for calculating the Commitment.

Article 2. Purpose, scope and contractual documents

2.1. The GTCSU govern access to the Service, its use, the subscription of Subscriptions and the sale of Hardware by APROGSYS, to the exclusion of any other condition, in particular the Client's purchasing conditions.

2.2. Any Order presupposes the prior, express and unreserved acceptance of the GTCSU in force on the day of the Order, via a non-pre-ticked checkbox. The accepted version is recorded and remains available in the Client Area.

2.3. In case of contradiction, the contractual documents prevail in the following order: (1) the Special Conditions, for the points they govern only; (2) the summary of the Order concerned; (3) Title II or III of the GTCSU, according to the Client's status; (4) Title I of the GTCSU; (5) the appendices.

2.4. The GTCSU are accessible at all times on the website www.caves-explorer.com and in the Service, in a format allowing their printing and saving.

Article 3. Status of the Client

3.1. When creating the Account, the Client declares whether they act as a professional or an individual. The Professional Client provides their SIRET number, verified by APROGSYS; without verification, no Order may be placed as a professional.

3.2. The Client warrants the accuracy of this declaration and the information provided, and updates them without delay in the event of change. A Client who declares themselves as an individual while acting for the purposes of their professional activity may not invoke the provisions of Title III.

3.3. An Account corresponds to a single establishment or a single cellar. A Client operating several establishments opens one Account per establishment; group needs come under the Signature Plan.

Article 4. Account, Users and security

4.1. The Account is created by its holder, who designates, within the limits provided by their Plan, the Users and their rights. Only the holder and Users granted the manager role may place an Order creating or modifying a Commitment, change Plan or Payment Mode, or cancel the Subscription.

4.2. The Client is responsible for the confidentiality of credentials, the use of the Service by their Users, and any Order placed from their Account. They inform APROGSYS without delay of any unauthorised use of which they become aware.

4.3. Changing the Account holder is made upon written request to customer service, accompanied by the required supporting documents.

Article 5. Trial

5.1. Creating an Account grants a free Trial of thirty (30) days from the Account creation. The Trial does not require any means of payment and never automatically converts into a paid Subscription.

5.2. One Trial is granted per establishment, identified by its SIRET number for a Professional Client and by its address for an Individual Client.

5.3. The Trial ends on the first of the following dates: expiry of the thirty (30) day period, or subscription of a Subscription. Subscribing during the Trial ends it: the first Fee becomes immediately payable and the ordered Hardware is shipped without delay. The Client is informed before validating their Order. Unused Trial days give rise to no carry-over or credit.

5.4. Purchasing the Starter Kit, Unit Medallions or Readers during the Trial does not end the Trial.

5.5. No extension of the Trial is granted. By exception, when a Signature quote request is being processed at the end of the Trial, access to the Service is maintained under Trial conditions for a maximum of thirty (30) days from the end of the Trial, while the quote is issued and accepted or declined.

5.6. At the end of the Trial without subscription, the Account becomes read-only under the conditions of article 19.

Article 6. Plans and Service

6.1. The Service allows, in particular, building the cellar catalogue, identifying bottles by AI-assisted label reading, tracking bottle inflows and outflows via NFC Medallion, QR code or manual entry, valuing stock, and generating documents. The current functional description of each Plan appears on the website and in appendix A.

6.2. The bottle catalogue is unlimited in all Plans. Plans differ in particular by the maximum number of Active Medallions, number of Users, available integrations and support level, in accordance with appendix A.

6.3. Active Medallions limit. In the Solo Plan, at most three hundred (300) Medallions may be active at the same time. This limit applies exclusively to the association of Medallions with bottles: it limits neither the quantity of Medallions the Client may order or hold, nor the catalogue. A removed bottle frees its Medallion. Beyond the limit, only the association of an additional Medallion is refused; the Account is never blocked and no data is deleted.

6.4. Signature Plan. The Signature Plan is offered starting from EUR 379 excl. VAT per month, final price fixed by quote, upon request from the Service or to APROGSYS. The accepted quote constitutes the Special Conditions; the GTCSU apply for all matters it does not address. The quote request does not bind the Client and does not affect the current Subscription, which continues until activation of the Signature Plan.

Article 7. Hardware

7.1. Medallions are sold or supplied exclusively in lots of one hundred (100). No intermediate quantity is offered.

7.2. Hardware may be obtained through the following routes:

Readers and the Starter Kit are always sold at the price in appendix A, regardless of the chosen Payment Mode.

7.3. No maximum order quantity applies, regardless of the Plan or route. Before any Order of Medallions exceeding the Active Medallions limit of their Plan, the Client is informed that only the Medallions within the limit may be active at the same time.

7.4. Starter Kit. The Starter Kit is offered only once per Account and per establishment (SIRET number for a Professional Client, delivery address for an Individual Client), at any time, during or after the Trial. It is sold at a price lower than the sum of its contents purchased separately; this price is reserved for a first set-up. Its price is neither deductible from any Fee nor refundable, subject, for Individual Clients, to the right of withdrawal (article 49). It generates no commitment.

7.5. The Hardware works with the Service and with compatible terminals listed on the website (in particular Android smartphones with NFC technology). The Client checks the compatibility of their equipment before the Order. Medallions are designed for use in a wine cellar under normal temperature and humidity conditions; APROGSYS does not warrant their performance in case of use not in line with their purpose.

7.6. Defects and breakage during use. Medallions defective on receipt or showing a manufacturing defect are replaced free of charge, under the conditions of articles 39 (Professional Clients) and 52 (Individual Clients). Medallions lost, stolen or damaged during use (handling, wear, incident in the cellar) may be replaced individually at the current unit price, without additional commitment. The Individual Client's right of withdrawal (article 49) remains applicable.

Article 8. Subscription Payment Modes

8.1. Monthly Mode. The monthly Subscription is concluded for an indefinite period. The Fee is payable in advance on each monthly Due Date. The Subscription continues as long as it is not cancelled under the conditions of article 18. The Client may obtain Included Medallions in return for a Commitment (article 10).

8.2. Annual Mode. The annual Subscription is concluded for a duration of twelve (12) months, renewable under the conditions of article 11. The annual Fee is equal to twelve (12) monthly Fees of the Plan and is payable in advance at subscription and then on each annual Due Date. In Annual Mode, Medallions are included without separate payment and without additional commitment beyond the paid year.

8.3. Regardless of the Payment Mode, the Client may at any time purchase Unit Medallions, Readers and, if never purchased before, the Starter Kit.

Article 9. Order, validation and proof

9.1. Any Order is placed in the Service. Before validation, the Client sees on a single screen: the Plan and Payment Mode, Hardware quantities, the total price of the Order and shipping fees, the Commitment End Date before and after the Order when the Order creates or modifies a Commitment, and, where applicable, the effect of the Order on a scheduled change or cancellation.

9.2. The Client may check the detail of their Order, its total price and correct any errors before confirming it. The Order is concluded by activating a button bearing the words "Order with obligation to pay" or an analogous unambiguous formula. When the Order includes no immediate payment but creates a Commitment, the button mentions this expressly.

9.3. APROGSYS sends the Client, by electronic mail, a summary of each Order including its essential elements, in particular the Commitment End Date, and a link to the accepted version of the GTCSU. This summary constitutes the confirmation of the Order on a durable medium.

9.4. The data recorded by the Service, in particular the time-stamp of the validation, the User's identity, their IP address, the version of the GTCSU accepted and the elements displayed at validation, prevail between the parties, in accordance with articles 1366 et seq. of the French Civil Code, save evidence to the contrary.

9.5. APROGSYS may refuse or suspend an Order in case of an ongoing payment dispute, an Account in arrears, or legitimate suspicion of fraud, informing the Client of the reason.

Article 10. Included Medallions and Commitment

10.1. Principle. In Monthly Mode, the Client may order Medallions without separate payment ("Included Medallions"). In return, they undertake to maintain their monthly Subscription until the Commitment End Date. Each Included Medallion counts for the Reference Value set in appendix A. The Subscription "repays" this value at the pace of the monthly Fees. The greater the quantity of Included Medallions ordered, the longer the Commitment duration. The Client may at any time purchase their Medallions separately (see article 7.2) and incur no Commitment.

10.2. Reference Value. Each Included Medallion is assigned the Reference Value set in appendix A. This value is used exclusively for calculating the Commitment.

10.3. Commitment Balance. The Commitment Balance is a VAT-exclusive amount that evolves as follows:

• it increases by the Reference Value of each Included Medallion ordered, on the date the Order is validated;
• it decreases by the VAT-exclusive amount of each monthly Fee actually collected, without being able to become negative; a Fee collected when the Commitment Balance is nil creates no credit for the future;
• it decreases by the Reference Value of Included Medallions of an Order cancelled before shipping;
• it is settled in the cases provided in articles 10.8 and 11.6.

The following do not reduce the Commitment Balance: amounts invoiced for a pro-rata adjustment, Hardware, shipping fees, penalties or indemnities, as well as the portion of a Fee covered by a discount, a credit or a free offer. A Fee refunded to the Client, or whose payment is cancelled following a dispute, increases the Commitment Balance by the corresponding amount.

10.4. Duration and Commitment End Date. The number of monthly Fees remaining to be paid under the Commitment equals the Commitment Balance divided by the VAT-exclusive amount of the monthly Fee applicable to the Client, rounded up to the next whole number. The Commitment End Date is the end of the monthly period covered by the last of these Fees. When the Commitment Balance is nil, the Client is subject to no Commitment. The method and worked examples appear in appendix B.

10.5. Information and acceptance. The quantity of Included Medallions and the resulting Commitment End Date are displayed before each validation and recalculated with each change in quantity. Any Order of Included Medallions requires separate express validation. The Commitment End Date can be viewed at any time in the Client Area.

10.6. Events altering the Commitment End Date. The Commitment End Date is recalculated, and the new date displayed in the Client Area, in the following cases:

• new Order of Included Medallions: the Commitment Balance increases, the new Commitment End Date is displayed and accepted before the Order;
• change of Plan: the Commitment Balance is unchanged, the remaining duration is recalculated using the new Plan's price, and the new date is displayed and accepted before validation;
• failure to pay a Fee: the Commitment Balance does not decrease, the Commitment End Date is postponed accordingly;
• Fee refunded, waived or disputed: application of article 10.3.

10.7. End of Commitment. When the Commitment Balance becomes nil, the Commitment ends. The Subscription continues, at the same price and without commitment, until cancelled. The Client is informed by electronic mail. No Commitment is ever renewed without a new Order of Included Medallions.

10.8. Early end of Commitment. The Client may end their Commitment at any time by paying the Commitment Balance, upon request to customer service. The Commitment Balance then becomes nil, without any other charge.

10.9. Cancellation during Commitment. A cancellation requested during a Commitment takes effect on the Commitment End Date, except for article 10.8. Until that date, the Service remains accessible and the Fees remain due.

10.10. Cases where the Commitment Balance is not due. The Commitment Balance is not payable and the Commitment ends without charge: (a) in case of termination of the Contract by the Client for serious breach by APROGSYS (article 29.2); (b) in case of permanent discontinuation of the Service by APROGSYS; (c) in case of force majeure preventing performance of the Service for more than sixty (60) days (article 30); (d) in the cases provided in Title III for the Individual Client.

10.11. Nature of the Commitment Balance. The Commitment Balance represents, at any time, the price of the Included Medallions delivered to the Client whose payment is deferred and allocated monthly on the Subscription Fees, at the Reference Value applied to each Medallion received. It constitutes the economic consideration for the delivered Hardware and includes no indemnity, penalty or damages.

In case of early end of Commitment (article 10.8), of transition to Annual Mode (article 11.6) or of termination for non-payment (article 15.5), the Commitment Balance becomes payable as the price of the hardware already delivered.

In all cases, the amount of the Commitment Balance payable may not exceed the catalogue price of the same number of Medallions purchased as Unit Medallions on the day of payability, less the amounts already allocated. This cap applies by operation of law, without any action by the Client.

The Commitment Balance is never due in the cases of article 10.10.

10.12. Ownership of Included Medallions. Included Medallions become the Client's property upon delivery. They are neither taken back nor to be returned, subject to the exercise of the right of withdrawal by the Individual Client (article 49).

Article 11. Annual Mode

11.1. Subscription. The Client who subscribes or switches to Annual Mode pays the annual Fee. Medallions are included without separate payment, within the limit applicable to their Plan (appendix A), and generate no Commitment.

11.2. Medallions during the year. During the year, an annual Client wishing additional Medallions beyond the limit applicable to their Plan purchases them individually.

11.3. Renewal. The annual Subscription is renewed automatically for a new twelve (12) month period on each annual Due Date, except for cancellation or switch to Monthly Mode requested before the Due Date. The renewal Fee equals twelve (12) monthly Fees of the Plan in force on the Due Date. APROGSYS reminds the Client, by electronic mail, of the date and amount of the renewal within the timeframes provided in articles 42 (Professional Client) and 50 (Individual Client).

11.4. Changes during the year. During an annual period, the Client may change neither Plan nor Payment Mode. The requested change is recorded and takes effect on the next annual Due Date. It may be cancelled up to the day before that Due Date.

11.5. Annual Mode · what you pay in advance. In Annual Mode, the Client pays twelve (12) months of Subscription in advance in exchange for peace of mind: Medallions are included without separate payment or additional commitment. In return, the annual Fee paid is not refundable, in whole or in part, in case of discontinuation of use of the Service or cancellation during the period, except in the cases provided in articles 10.10 (a) to (c), 29.2 and in Title III (Individual Client), where the portion of the Fee corresponding to the remaining period is refunded. The Client may at any time switch to Monthly Mode on the next Due Date (article 11.4).

11.6. Transition from Monthly Mode to Annual Mode. The transition takes effect on the payment date. The Client pays the annual Fee and, where applicable, any Commitment Balance in the same Order. The Commitment Balance then becomes nil. The unused portion of the current monthly Fee is credited against this payment. The new annual Due Date is set on the transition date. If payment fails, the transition does not take place and the monthly Subscription continues unchanged.

Article 12. Change of Plan

12.1. Switch to a higher Plan. The switch from Solo to Domaine in Monthly Mode takes effect immediately. The price difference for the current period is invoiced pro rata. The Due Date is unchanged. In Annual Mode, it takes effect on the annual Due Date (article 11.4).

12.2. Switch to a lower Plan. The switch from Domaine to Solo takes effect on the next Due Date. It is possible only under the cumulative conditions: (a) the Commitment Balance is nil, or the Client ends it under article 10.8; (b) the number of Active Medallions does not exceed the Solo Plan limit on the effective date. If this second condition is not met on the effective date, the change is not applied and the Client is informed. A switch to a lower Plan requested together with a transition to Annual Mode takes effect immediately, with the Commitment Balance paid under article 11.6, subject to condition (b).

12.3. Switch to the Signature Plan. This is governed by a quote (article 6.4). The current Subscription and Commitment continue until activation of the Signature Plan. The Commitment Balance is included in the quote.

12.4. Scheduled changes. Only one change of Plan or Payment Mode may be scheduled at a time. It replaces the previous one upon confirmation. It is cancelled: by an Order of Included Medallions or a switch to a higher Plan, after information and confirmation of the Client; by a cancellation request. In case of non-payment at the effective date, it is deferred to regularisation.

12.5. No change of Plan, no subscription and no Hardware shipment occur without an Order by the Client.

Article 13. Prices

13.1. The current prices appear in appendix A, on the website and in the Service. They are expressed excl. VAT for Professional Clients and incl. VAT for Individual Clients. Shipping fees are indicated before validation of any Hardware Order.

13.2. Guaranteed price. Where Special Conditions grant the Client a guaranteed price, this price applies to the Plan and Payment Mode they designate, as long as the corresponding Subscription continues uninterrupted. It ends in case of change of Plan, in which case the new Plan's current price applies, or of cancellation. In Annual Mode, the annual Fee equals twelve (12) times the guaranteed monthly price.

13.3. Price changes. APROGSYS may change its prices. Any change is notified to the Client by electronic mail at least thirty (30) days before application. It never applies during a current Commitment or during a current annual period: it takes effect, for the Client concerned, on the Commitment End Date or the next annual Due Date. The Client who refuses the change may cancel their Subscription, without charge, with effect no later than the date of application of the new price, subject to the current Commitment. For Individual Clients, article 46.3 applies to any change affecting an essential element of the Contract. Guaranteed prices are not affected.

Article 14. Invoicing and payment

14.1. Payments are made by credit card or SEPA direct debit, through APROGSYS's payment service provider (Stripe Payments Europe Ltd). The Client authorises the direct debits corresponding to the Fees and the Orders they validate.

14.2. Payable: the first Fee and the price of the Hardware, on Order; subsequent Fees, on each Due Date; pro-rata adjustments, on the date of the change concerned. A SEPA direct debit is deemed collected only upon confirmation by the payment service provider.

14.3. Invoices are issued electronically and made available in the Client Area. Included Medallions appear on the invoice or delivery note for a value of zero euro, with the words "included in the subscription, commitment until" followed by the calculated Commitment End Date.

14.4. The Client maintains a valid means of payment throughout the Subscription and updates their payment details in the Client Area.

Article 15. Failure to pay

15.1. In case of payment failure, APROGSYS makes new attempts and informs the Client, who may regularise at any time from the Client Area. During this period, the Service remains accessible; new Orders and changes of Plan are suspended.

15.2. If payment is not regularised within fifteen (15) days of a formal notice sent by electronic mail, APROGSYS may place the Account in read-only mode until regularisation. Data is preserved.

15.3. Regularisation restores the Account to its pre-arrears state. The Commitment Balance then decreases by the regularised Fees.

15.4. Unpaid amounts bear the interest and indemnities provided in article 37 for Professional Clients, and interest at the legal rate from the formal notice for Individual Clients.

15.5. Failing regularisation within thirty (30) days of the formal notice, APROGSYS may terminate the Contract by electronic mail. The following then become payable: the overdue unpaid Fees and the Commitment Balance, the latter as the price of the Included Medallions delivered (article 10.11), within the limit provided in that article.

15.5 bis. Non-payment in Annual Mode. The approach is as follows:

• failure to pay the initial annual Fee (at subscription): the Order is cancelled, the associated Hardware is not shipped, no amount is due;
• failure to pay the annual renewal Fee: the Subscription ends at the end of the current annual period, with no debt for the upcoming period; article 15.1 remains applicable for any monthly Fee still due during the paid period;
• non-payment of a pro-rata adjustment or a one-off Order (Hardware, change of Plan): articles 15.1 to 15.5.

15.6. Recovery of unpaid amounts. Amounts unpaid at the effective date of the termination (overdue Fees, Commitment Balance payable within the limit of article 10.11, Hardware sold) remain due and give rise to recovery through ordinary legal channels. They bear interest under article 15.4. The applicable limitation is, as the case may be, that provided in article L. 218-2 of the French Consumer Code (two years) for the Individual Client, or in article L. 110-4 of the French Commercial Code (five years) for the Professional Client.

The reopening of an Account, or the opening of a new Account, by a Client with unresolved arrears is subject to prior payment of the amounts due. No prior Commitment is automatically "resumed": the reopening concludes a new Contract, governed by the GTCSU in force and by the Orders that will be placed thereunder.

15.7. A payment dispute with the Client's bank triggers the effects of non-payment until resolved. If decided in the Client's favour, no amount is due on that basis.

Article 16. Hardware delivery

16.1. The Hardware is delivered to the address indicated by the Client, within the delivery areas listed on the website. Any delivery outside these areas is handled on request to customer service.

16.2. The Hardware is shipped within two (2) business days of the Order, subject to availability, and delivered within the timeframe indicated at Order. When Included Medallions are ordered with a subscription, they are shipped after collection of the first Fee. The tracking number is communicated in the Client Area.

16.3. In case of out-of-stock, the Client is informed of the new timeframe. If this timeframe exceeds fifteen (15) days, the Client may cancel the Order concerned; the price paid is refunded and, for Included Medallions, the Commitment Balance decreases by their Reference Value.

16.4. The Client checks the state of the parcel at delivery. In case of a lost parcel, APROGSYS proceeds to a new shipment after enquiry with the carrier. In case of Hardware defective on receipt, APROGSYS replaces it on presentation of photographs, under the conditions of articles 39 and 52.

16.5. The delivery address can be modified in the Client Area until shipment.

Article 17. Cancellation of a Hardware Order before shipment

The Client may cancel a Hardware Order as long as it has not been shipped. The price paid is refunded within fourteen (14) days. For Included Medallions, the Commitment Balance decreases by their Reference Value. After shipment, the Order can no longer be cancelled, subject to the Individual Client's right of withdrawal.

Article 18. Subscription duration and cancellation

18.1. Monthly Mode without Commitment. The Client may cancel at any time, with thirty (30) days' notice. Cancellation takes effect at the end of the current monthly period at the expiry of this notice period.

18.2. Monthly Mode with Commitment. Cancellation takes effect on the later of the following dates: the Commitment End Date, or the date resulting from article 18.1. Article 10.8 remains applicable.

18.3. Annual Mode. Cancellation takes effect on the next annual Due Date, with no refund of the current period save in the cases of article 11.5.

18.4. Methods. Cancellation is made from the Client Area, via the "Cancel my subscription" function, or by electronic mail sent to customer service. APROGSYS confirms the cancellation and its effective date by electronic mail. The specific procedures for Individual Clients appear in article 51.

18.5. Cancellation reversal. As long as the cancellation has not taken effect, the Client may reverse it without charge from the Client Area. An Order of Included Medallions, a change of Plan or a switch to Annual Mode cancels the scheduled cancellation, after information and confirmation of the Client. A purchase of Hardware does not cancel it.

18.6. Cancellation during arrears. If the effective date of a cancellation occurs while a payment remains unpaid, the cancellation takes effect on its date; the unpaid amounts and, where applicable, the Commitment Balance, remain due.

18.7. A scheduled change of Plan or Payment Mode is removed by a cancellation request.

Article 19. End of Subscription or Trial: data

19.1. At the end of the Trial without subscription, or on the effective date of cancellation, the Account becomes read-only for ninety (90) days. The Client may view and export their data; they may no longer modify it.

19.2. At the end of this period, the Account is archived. Archived data remains exportable on request to customer service for twelve (12) months, then is permanently deleted, except for data APROGSYS must retain under the law, in particular invoicing data.

19.3. The Client may reactivate their Account by subscribing to a Subscription as long as their data has not been deleted. No new Trial is granted. Reopening after arrears is subject to article 15.6.

Article 20. Client's obligations

20.1. Expected use of the Service. The Client uses the Service in accordance with its purpose, the GTCSU and the law. The following are notably prohibited: attempts to intrude into APROGSYS's systems or into other clients' data; systematic extraction of the Service's wine reference database (constituting an infringement of the right of database producers within the meaning of articles L. 341-1 et seq. of the French Intellectual Property Code, subject to legal exceptions in favour of the Individual Client); reselling the Service or making it available to third parties without written agreement; creating multiple Accounts to accumulate several Trials or Starter Kits. Good-faith uses (data import, multi-device use, access sharing between partners of the same establishment within the limit of authorised Users) are permitted.

20.2. The Client is solely responsible for the data they enter, verification of information automatically proposed by the Service and the decisions they take based on the Service. The Service is a management aid: it does not relieve the Client of their physical inventories or their accounting, tax and customs obligations.

20.3. The Client regularly exports their data if they wish to keep a copy independent of the Service.

Article 21. Availability, maintenance, support and evolutions

21.1. APROGSYS implements reasonable means to ensure access to the Service twenty-four hours a day, seven days a week, save for maintenance, incident or external cause. It is bound by a best-efforts obligation.

21.2. Scheduled maintenance operations are, as far as possible, carried out outside the usual restaurant service hours and announced at least forty-eight (48) hours in advance.

21.3. APROGSYS performs daily backups of the Service data.

21.4. Support is accessible by electronic mail at contact@caves-explorer.com and from the Service. First-response timeframes specific to each Plan appear in appendix A.

21.5. APROGSYS may evolve the Service, in particular to improve it or adapt it to regulation. An evolution may not remove an essential feature of the subscribed Plan without thirty (30) days' notice; the Client concerned may then cancel without charge, and the Commitment Balance is not due.

Article 22. AI-assisted functions

The Service offers several automated aids to accelerate the Client's daily management: label identification by photograph, catalogue suggestions, Plan recommendations, stock valuation, cost of material calculation. These aids rely on statistical and artificial-intelligence processing; they save considerable time but may contain errors. The Client checks the proposed information before validating or using it, in particular for accounting, tax or price decisions.

Article 23. Third-party services

The Service may interface with third-party services (point-of-sale software, payment provider, carriers, terminal operating systems). Their availability and evolutions fall to their publishers. APROGSYS is not responsible for an unavailability or malfunction attributable to a third-party service, but informs the Client as soon as it becomes aware and implements reasonable means to limit the effects.

Article 24. Client Data and reversibility

24.1. The Client remains owner of the data they enter or import into the Service ("Client Data"). They grant APROGSYS, for the duration of the Contract and the retention period provided in article 19, the right to host, process and reproduce it strictly to the extent necessary to provide the Service.

24.2. APROGSYS may use aggregated and anonymised data from Service use, that does not allow identifying the Client or any person, to improve the Service and establish statistics.

24.3. Descriptive information about a wine that is non-personal and not specific to the Client's activity (notably domain, cuvée, vintage, appellation, label image) may enrich the Service's wine reference database. Data specific to the Client's activity, notably their quantities, purchase or sale prices, suppliers, locations and movements, is never shared.

24.4. The Client may export their data at any time, in a standard and usable format (in particular CSV), from the Service, including during read-only mode.

Article 25. Personal data

25.1. APROGSYS processes as controller the personal data relating to the Client and the Users necessary to manage the Account, Orders, invoicing, support and commercial relationship. The methods of these processings, the legal basis, the recipients, the retention periods, the rights of the persons concerned (access, rectification, erasure, limitation, opposition, portability) and the right to lodge a complaint with the French Data Protection Authority (CNIL) are described in the privacy policy accessible at: https://www.caves-explorer.com/fr/politique-confidentialite.

25.2. When the Professional Client records in the Service personal data of third parties (in particular their employees, suppliers or clients), APROGSYS acts as processor within the meaning of article 28 of Regulation (EU) 2016/679 (GDPR), under the conditions of appendix C.

25.3. Data is hosted in the European Union, in France, by OVH SAS.

Article 26. Intellectual property

26.1. The Service, its software, interfaces, contents, trademarks and the wine reference database are the property of APROGSYS or its licensors and are protected by intellectual property law, including the right of database producers.

26.2. APROGSYS grants the Client, for the duration of the Subscription or Trial, a personal, non-exclusive and non-transferable right to use the Service for the needs of their establishment, within the limits of their Plan. Any reproduction, adaptation, decompilation or unauthorised extraction is prohibited, subject to exceptions provided by law.

Article 27. Confidentiality

Each party keeps confidential the non-public information of the other party of which it becomes aware in connection with the Contract, in particular the Client Data and the specific tariff conditions, for the duration of the Contract and two (2) years after its end, save for legal obligation or judicial decision.

Article 28. Suspension

APROGSYS may suspend all or part of access to the Service, with prior information save urgency: in case of attack on Service security, use contrary to article 20 or to the law, or under the conditions of article 15. The suspension is limited to what is necessary and lifted as soon as its cause has disappeared.

Article 29. Termination for breach

29.1. In case of serious breach by the Client of their obligations, not remedied within thirty (30) days of a formal notice, APROGSYS may terminate the Contract. The overdue amounts and the Commitment Balance, within the limit of article 10.11, then become payable.

29.2. In case of serious breach by APROGSYS of its obligations, in particular prolonged or repeated unavailability of the Service, not remedied within thirty (30) days of a formal notice, the Client may terminate the Contract. The Commitment Balance is not due and the portion of the Fee corresponding to the remaining period is refunded.

Article 30. Force majeure

Neither party is responsible for a breach caused by force majeure within the meaning of article 1218 of the French Civil Code. If the impediment lasts more than sixty (60) days, each party may terminate the Contract by electronic mail; the Commitment Balance is not due and the portion of the Fee paid for an unperformed period is refunded.

Article 31. Assignment

31.1. The Contract is concluded in consideration of the Client. It may not be assigned, in particular upon assignment or location-management of the business, without APROGSYS's written consent, in accordance with articles 1216 et seq. of the French Civil Code. In case of accepted assignment, the assignee takes over the Subscription, Commitment and Commitment Balance.

31.2. Failing assignment, the Contract continues with the Client, who may terminate it under article 18 or end the Commitment under article 10.8.

31.3. APROGSYS may assign the Contract to any company that would take over the operation of the Service, provided it informs the Client, who may then cancel without charge; the Commitment Balance is not due in this case.

Article 32. Modification of the GTCSU

32.1. APROGSYS may modify the GTCSU. The new version is notified to the Client by electronic mail at least thirty (30) days before its entry into force.

32.2. A modification may never worsen, for a current Commitment, the rules for calculating the Commitment and the Commitment Balance (notably Reference Value, Balance calculation method, payability cases), nor apply to a current annual period.

32.3. A Client who refuses the new version may cancel their Subscription without charge before its entry into force; the current Commitment remains governed by the previous version. The provisions specific to Individual Clients appear in article 46.3.

Article 33. Communications

Communications provided in the GTCSU, including formal notices, are validly made by electronic mail to the address provided by the Client in their Account, or by notification in the Service where the GTCSU provide. The Client sends their communications to customer service: contact@caves-explorer.com.

Article 34. Miscellaneous provisions

34.1. If a provision of the GTCSU is declared null or inapplicable, the other provisions remain in force.

34.2. The fact that one party does not avail itself of a breach does not amount to a waiver of availing itself subsequently.

34.3. The GTCSU are written in French, which prevails over any translation.

34.4. The Contract expresses the parties' entire agreement on its subject matter.

Article 35. Claims and governing law

35.1. Any claim is addressed to customer service, by electronic mail to contact@caves-explorer.com or by telephone to +33 (0)6 74 95 90 18, which acknowledges receipt and responds within fifteen (15) business days.

35.2. The Contract is governed by French law. The jurisdiction rules appear in articles 45 (Professional Client) and 58 (Individual Client).

Title II. Provisions specific to Professional Clients

Article 36. Scope

This title applies to the Professional Client. It supplements Title I and prevails over it in case of contradiction.

Article 37. Prices, payment and lateness

37.1. Prices are expressed excl. VAT; the VAT at the current rate is added. Invoices include the applicable mentions, notably, for a Client established in another EU member state and holding a valid VAT number, the reverse-charge or exemption mentions provided by law.

37.2. Sums are payable on their due date, without discount for early payment.

37.3. In accordance with article L. 441-10 of the French Commercial Code, any sum not paid on its due date automatically bears, without prior formal notice, late-payment penalties calculated at the interest rate applied by the European Central Bank on its most recent refinancing operation plus ten (10) percentage points, as well as a flat-rate recovery indemnity of forty (40) euros. If recovery costs incurred are higher, APROGSYS may claim additional compensation on supporting documents.

Article 38. Ownership and risks of the Hardware

38.1. The Hardware sold remains the property of APROGSYS until full payment of its price. Included Medallions become the Client's property upon delivery (article 10.12).

38.2. The risks of loss and damage to the Hardware are transferred to the Client upon delivery.

Article 39. Conformity of the Hardware on receipt

39.1. The Client checks the Hardware on receipt. Any apparent defect or non-conformity is reported to customer service, with photographs, within eight (8) days of delivery. APROGSYS then replaces the Hardware concerned free of charge.

39.2. Failing such notification within this period, the Hardware is deemed conforming and free from apparent defect. The Client retains the benefit of the statutory warranty against hidden defects provided in articles 1641 et seq. of the French Civil Code.

39.3. The replacement of Hardware has no effect on the Commitment Balance.

Article 40. Liability

40.1. APROGSYS is only liable for direct and foreseeable damages resulting from a proven breach of its obligations.

40.2. Indirect damages are excluded to the extent permitted by law, in particular loss of turnover, margin or clientele, damage to image, inventory discrepancies, bottle losses or thefts and the consequences of decisions taken on the basis of information provided by the Service.

40.3. In case of loss of Client Data attributable to APROGSYS, APROGSYS's obligation consists in restoring the data from the most recent available backup, without prejudice to article 40.4.

40.4. APROGSYS's total liability under the Contract, all damages combined, is limited to the VAT-exclusive amount actually paid by the Client under the Contract during the twelve (12) months preceding the triggering event.

40.5. The limitations in this article do not apply in case of gross or wilful misconduct, bodily injury, or where they would deprive APROGSYS's essential obligation of its substance.

Article 41. Contract concluded off-premises

41.1. Where the Contract is concluded off-premises, in particular following a demonstration on the Client's premises, with a Professional Client employing five (5) employees at most, APROGSYS grants them the right of withdrawal provided in article 49, under the same conditions as for an Individual Client, and provides them with the form in appendix D.

41.2. APROGSYS consents, as a commercial gesture, not to invoke against its Professional Client the condition of extraneousness to the main activity provided in article L. 221-3 of the French Consumer Code. This unilateral undertaking may be withdrawn by modification of the GTCSU, without effect on Contracts concluded before its entry into force.

Article 42. Information before annual renewal

APROGSYS informs the Professional Client in Annual Mode, by electronic mail, at least thirty (30) days before the annual Due Date, of the date and amount of the renewal and of the possibility of cancelling or switching to Monthly Mode before this date.

Article 43. Data processing agreement

Where APROGSYS acts as processor of the Professional Client (article 25.2), the data processing agreement in appendix C applies.

Article 44. Insolvency proceedings

In case of opening of safeguard, judicial reorganisation or judicial liquidation proceedings against the Client, the Contract continues or ends under the conditions provided by Book VI of the French Commercial Code. APROGSYS may give the judicial administrator formal notice to decide on the continuation of the Contract under the conditions of article L. 622-13 of the French Commercial Code. Amounts due to APROGSYS, including the Commitment Balance within the limit of article 10.11, are declared under the legal conditions.

Article 45. Jurisdiction

Any dispute relating to the Contract is submitted, after an amicable settlement attempt of at least thirty (30) days, to the court having jurisdiction within the registered-office district of APROGSYS, where the Client contracted as a merchant. Otherwise, the ordinary jurisdiction rules apply.

Title III. Provisions specific to Individual Clients

Article 46. Scope

46.1. This title applies to the Individual Client. It supplements Title I and prevails over it in case of contradiction. No provision of the GTCSU may be construed as depriving the Individual Client of the rights conferred on them by law.

46.2. Prices are expressed VAT included. Amounts expressed excl. VAT in Title I, in particular for the calculation of the Commitment, are to be understood as their VAT-inclusive equivalent in screens and documents intended for the Individual Client, the calculation of the duration remaining identical.

46.3. Any modification of the GTCSU affecting an essential element of the Contract, notably the price, duration or features of the Service, is enforceable against the Individual Client only after their express acceptance. Failing acceptance, the Contract continues under the previous conditions until its term or cancellation, and the Client may cancel it without charge.

Article 47. Pre-contractual information and confirmation

Before any Order, the Individual Client has, in a legible and understandable manner, the information provided in articles L. 111-1 and L. 221-5 of the French Consumer Code, notably the essential features of the Service and Hardware, the total price, shipping fees, the duration of the Contract and the minimum duration of their obligations resulting from a Commitment, cancellation conditions and the existence, conditions and procedures of the right of withdrawal. The confirmation of the Order is sent on a durable medium (article 9.3).

Article 48. Archiving

For any Order of an amount equal to or exceeding one hundred and twenty (120) euros, APROGSYS keeps the written document constituting the contract for ten (10) years and guarantees access to the Individual Client on simple request.

Article 49. Right of withdrawal

49.1. Period. The Individual Client has a period of fourteen (14) days to withdraw, without having to justify their decision or bear costs other than those provided below. This period runs: for a Subscription, from subscription; for the Hardware, including the Starter Kit and Medallions, from its receipt by the Client or a third party designated by them, or from receipt of the last parcel in case of delivery in several parcels.

49.2. Exercise. The Client notifies their decision before expiry of the period, by an unambiguous declaration addressed to customer service (contact@caves-explorer.com or 14 rue de la Fayette, Bâtiment B, 25000 Besançon), or by means of the form in appendix D. APROGSYS acknowledges receipt without delay on a durable medium.

49.3. Performance during the period. The Subscription only begins to be performed before the end of the withdrawal period if the Client expressly requests it, via a dedicated checkbox at Order, and after acknowledging that they will lose their right of withdrawal once the Service is fully performed. A Client who withdraws after making this request pays an amount proportional to the Service provided until the communication of their decision to withdraw.

49.4. Return of the Hardware. The Client returns the Hardware to the address indicated by APROGSYS, without undue delay and at the latest within fourteen (14) days of the communication of their decision. The direct return costs are borne by the Client, information provided before the Order. The Client's liability may be engaged in case of depreciation of the Hardware resulting from handling other than that necessary to establish its nature, features and proper functioning.

49.5. Included Medallions. In case of withdrawal relating to a Subscription with Included Medallions, the Commitment is cancelled and the Commitment Balance brought to zero. The Client returns the Included Medallions under article 49.4. Included Medallions not returned within this period are invoiced at the current Unit Medallion price.

49.6. Refund. APROGSYS refunds all sums paid, including initial shipping fees at the standard rate, at the latest within fourteen (14) days of the date on which it is informed of the withdrawal decision, less, where applicable, the amount provided in article 49.3. For the Hardware, APROGSYS may defer the refund until recovery or proof of shipment by the Client. The refund is made by the same means of payment as that used for the initial transaction.

49.7. Qualification of the Service. The Service is qualified as a digital service within the meaning of article L. 224-25-1 of the French Consumer Code (continuous supply of an online service). It does not fall within the exception of article L. 221-28, 13° of the French Consumer Code (digital content not supplied on a material medium). The right of withdrawal is exercised under the above conditions, subject to the exception of article 49.3 where the Client has requested immediate performance of the Service and has acknowledged the loss of their right of withdrawal once the Service is fully performed.

The Medallions and the Starter Kit, as goods not made to the Individual Client's specifications, do not fall within any exception to the right of withdrawal.

Article 50. Renewal of the annual Subscription

50.1. In accordance with article L. 215-1 of the French Consumer Code, APROGSYS informs the Individual Client in Annual Mode, by dedicated electronic mail, at the earliest three (3) months and at the latest one (1) month before the annual Due Date, of the possibility of not renewing the Subscription, of the deadline for doing so and of the renewal amount. This information reminds the Client of the possibility of online cancellation provided in article 51.

50.2. Failing this information, the Individual Client may end the Subscription free of charge at any time from the date of renewal. Sums paid for the period after the cancellation date are refunded within thirty (30) days.

Article 51. Online cancellation

The Individual Client may cancel their Subscription electronically, from the "Cancel my subscription" function directly accessible in the Client Area, in accordance with article L. 215-1-1 of the French Consumer Code and decree no. 2023-182 of 16 March 2023. This function allows the Client to enter in a form the information necessary for their identification and the identification of their Contract. APROGSYS confirms without delay receipt of the cancellation notification on a durable medium, indicates the effective date and provides a time-stamped acknowledgement of receipt.

Article 52. Statutory warranties

52.1. APROGSYS is liable for defects of conformity of the Hardware and Service under the conditions of articles L. 217-1 et seq. and L. 224-25-1 et seq. of the French Consumer Code, and for hidden defects under articles 1641 et seq. of the French Civil Code.

52.2. Hardware.

The consumer has a period of two years from delivery of the goods to obtain implementation of the statutory warranty of conformity in case of appearance of a defect of conformity. During this period, the consumer need only establish the existence of the defect of conformity and not the date of its appearance.

The statutory warranty of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the goods, but the seller imposes replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract and obtain a full refund in exchange for return of the goods, if: 1° the professional refuses to repair or replace the goods; 2° the repair or replacement intervenes beyond thirty days; 3° the repair or replacement causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the installation costs of the repaired or replacement goods; 4° the non-conformity persists despite the unsuccessful attempt by the seller to bring the goods into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the defect of conformity is so serious that it justifies that the price reduction or termination be immediate. The consumer is not then required to request repair or replacement of the goods beforehand.

The consumer has no right to termination of the sale if the defect of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the warranty that remained to run until delivery of the restored goods.

The rights mentioned above result from application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the statutory warranty of conformity incurs a civil fine of a maximum of 300,000 euros, which may be raised to 10 % of average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty against hidden defects pursuant to articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles to a price reduction if the goods are kept or to a full refund in exchange for return of the goods.

52.3. Service.

The consumer is entitled to the implementation of the statutory warranty of conformity in case of appearance of a defect of conformity during the period of supply of the digital service. During this period, the consumer need only establish the existence of the defect of conformity and not the date of its appearance.

The statutory warranty of conformity entails for the professional the obligation to supply all updates necessary to maintain the conformity of the digital service.

The statutory warranty of conformity gives the consumer the right to the bringing of the digital service into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer may obtain a price reduction by keeping the digital service, or may terminate the contract and obtain a full refund in exchange for renunciation of the digital service, if: 1° the professional refuses to bring the digital service into conformity; 2° the bringing of the digital service into conformity is unduly delayed; 3° the bringing of the digital service into conformity cannot intervene without costs imposed on the consumer; 4° the bringing of the digital service into conformity causes major inconvenience to the consumer; 5° the non-conformity persists despite the unsuccessful attempt by the professional to bring the digital service into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the defect of conformity is so serious that it justifies that the price reduction or termination be immediate. The consumer is not then required to request the bringing of the digital service into conformity beforehand.

The rights mentioned above result from application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who in bad faith obstructs the implementation of the statutory warranty of conformity incurs a civil fine of a maximum of 300,000 euros, which may be raised to 10 % of average annual turnover (article L. 242-18-1 of the French Consumer Code).

52.4. The implementation of these warranties has no effect on the Commitment Balance, save in case of termination of the Contract, in which case the Commitment Balance is not due.

Article 53. Delivery and risks

53.1. Failing indication of a timeframe at Order, the Hardware is delivered at the latest thirty (30) days after the Order. In case of breach of this obligation, the Individual Client may resolve the Order under the conditions of articles L. 216-6 et seq. of the French Consumer Code.

53.2. The risks of loss or damage to the Hardware are transferred to the Individual Client when they, or a third party designated by them, physically take possession.

Article 54. Liability

The liability limitations of article 40 do not apply to the Individual Client, notably for what the law prohibits from being limited (bodily injury, gross or wilful misconduct). APROGSYS's liability may nonetheless not be engaged where the breach is attributable to the Client, to the unforeseeable and insurmountable fact of a third party to the Contract, or to a case of force majeure.

Article 55. Death

In case of death of the Individual Client, the Contract ends on the date of receipt by APROGSYS of a supporting document. The Commitment Balance is not due and the portion of the annual Fee corresponding to the remaining period is refunded to the heirs.

Article 56. Claims and customer service

Any claim by the Individual Client is addressed to customer service:

• by electronic mail to contact@caves-explorer.com;
• by telephone to +33 (0)6 74 95 90 18;
• by postal mail to APROGSYS, 14 rue de la Fayette, Bâtiment B, 25000 Besançon.

APROGSYS acknowledges receipt and responds within fifteen (15) business days. Failing an amicable solution, the jurisdictional competence rules appear in article 58.

Article 57. Telephone marketing

The Individual Client who does not wish to be subject to commercial prospecting by telephone may register free of charge on the list of opposition to telephone marketing (www.bloctel.gouv.fr).

Article 58. Jurisdiction

The Individual Client may bring proceedings, at their choice, before the court of the place where they resided when the Contract was concluded or where the damaging event occurred, or any other territorially competent court in application of the French Code of Civil Procedure.

Appendices

Appendix A. Price list and contents of the Plans in force on 7 October 2026

A.1. Subscriptions

A.2. Content of the Plans

A.3. Hardware

A.4. Shipping fees

Shipping fees are calculated according to the delivery area and the weight of the order, based on the current pricing grid published on the website and in the Service. Their amount is indicated to the Client before validation of their Order. Orders over 5 kg and deliveries outside the areas of the grid are subject to a quote. For deliveries outside the European Union, import duties and taxes are borne by the recipient.

Appendix B. Calculation of the Commitment: method and examples

B.1. Method

• On each Order of Included Medallions, the Commitment Balance increases by €0.50 excl. VAT per Medallion (Reference Value).
• On each monthly Fee collected, the Commitment Balance decreases by the VAT-exclusive amount of the Fee, without becoming negative.
• Number of Fees remaining due under the Commitment = Commitment Balance ÷ VAT-exclusive monthly Fee, rounded up to the next whole number.
• The Commitment End Date is the end of the period covered by the last of these Fees.

B.2. Commitment duration for a first Order of Included Medallions, before any payment

B.3. Examples

• **Example 1. Order during Subscription.** A Solo Client whose Due Date falls on the 28th of each month orders 500 Included Medallions on 1 October 2026. Commitment Balance: €250 excl. VAT. 250 ÷ 29 = 8.62, i.e. 9 Fees, paid from 28 October 2026 to 28 June 2027. Commitment End Date: 28 July 2027.
• **Example 2. Change of Plan.** A Solo Client subscribes with 300 Included Medallions: Balance of €150 excl. VAT. After one collected Fee (€29 excl. VAT), the Balance is €121 excl. VAT. They switch to Domaine and order 100 Included Medallions: Balance of 121 + 50 = €171 excl. VAT. 171 ÷ 69 = 2.48, i.e. 3 Domaine Fees remaining due.
• **Example 3. Non-payment.** Balance of €121 excl. VAT, Fee of the Due Date unpaid: the Balance stays at €121 excl. VAT and the Commitment End Date is postponed by one month.
• **Example 4. Early end.** Balance of €121 excl. VAT: the Client who wishes to end their Commitment pays €121 excl. VAT (€145.20 incl. VAT). The Balance becomes nil.
• **Example 5. Transition to Annual Mode.** Balance of €71 excl. VAT, transition to Domaine annual: the Client pays €828 excl. VAT (annual Fee) + €71 excl. VAT (commitment balance paid) = €899 excl. VAT. Medallions are included without separate payment. The Balance becomes nil.

Appendix C. Data processing agreement (Professional Clients)

This agreement applies where APROGSYS processes personal data on behalf of the Professional Client, in accordance with article 28 of the GDPR.

C.1. Subject matter and duration. APROGSYS (the "processor") processes, on behalf of the Client (the "controller"), the personal data necessary to provide the Service, for the duration of the Contract and the retention periods provided in article 19.

C.2. Nature and purpose. Hosting, storage, backup, consultation, modification, export and deletion of data entered in the Service, solely for the purpose of providing the Service and support.

C.3. Data and persons concerned. Identification and contact data of the Users, employees, suppliers and clients of the Client that they record in the Service; connection and usage data. The Client undertakes not to record in the Service special categories of data within the meaning of article 9 of the GDPR.

C.4. Obligations of the processor. APROGSYS undertakes to: (a) process the data only on documented instruction from the Client, the GTCSU and the use of the Service constituting these instructions, and to inform the Client if an instruction appears to it contrary to the regulations; (b) ensure that persons authorised to process the data are bound by a confidentiality obligation; (c) implement the appropriate security measures provided in article 32 of the GDPR, in particular encryption of communications, access control, logging and daily backups; (d) help the Client, as far as possible, respond to requests for the exercise of the rights of the persons concerned and comply with their obligations under articles 32 to 36 of the GDPR; (e) notify the Client of any personal data breach without undue delay and at the latest within forty-eight (48) hours after becoming aware of it, providing all information available within the meaning of article 33 paragraph 3 of the GDPR, then supplementing them as the investigation progresses, within a timeframe allowing the Client to comply with its own obligation to notify the supervisory authority within the 72 hours provided in article 33 paragraph 1 of the GDPR; (f) at the end of the Contract, delete the data under article 19, after allowing its export, subject to any early erasure requests made by the Client under articles 17 and 28 paragraph 3 g) of the GDPR; (g) make available to the Client the information necessary to demonstrate compliance with this agreement and allow audits, at the Client's expense, with thirty (30) days' notice and at most once a year, save a data breach.

C.5. Further processors. The Client authorises APROGSYS to engage the following further processors:

• OVH SAS (hosting of the application, France);
• Stripe Payments Europe Ltd (payment service provider, Ireland).

APROGSYS informs the Client of any addition or replacement at least thirty (30) days in advance; the Client may object for a legitimate reason and, failing agreement, cancel without charge, the Commitment Balance then not being due. APROGSYS imposes on its further processors obligations equivalent to those of this agreement.

C.6. Location and transfers. Data is processed in the European Union. Any transfer outside the European Union is governed by the guarantees provided in Chapter V of the GDPR (in particular Commission standard contractual clauses 2021/914 and transfer impact assessment in accordance with the Schrems II case law).

C.7. Obligations of the Client. The Client warrants that they have a legal basis for the processing entrusted to APROGSYS and inform the persons concerned.

Appendix D. Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To APROGSYS, Caves Explorer, 14 rue de la Fayette, Bâtiment B, 25000 Besançon, contact@caves-explorer.com:

I/we () hereby give notice () of my/our () withdrawal from the contract for the sale of the following goods () / for the provision of the following service (*):

Ordered on () / received 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.

End of GTCSU v1.1.