Terms and Conditions of Service

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Service”) represent the sole basis of the commercial relationship between the Parties.

1 ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SERVICE

1.1. The Service Provider.

GoTombola, a simplified joint stock company (SAS) with a capital of €1,000, registered in the Beauvais Trade and Companies Register under number 905 398 129, whose registered office is located at 147, rue d'en Haut, 60250 ANSACQ, France (hereinafter “GoTombola” or the “Service Provider”) publishes a software solution accessible via the website available at https://gotombola.co and its subdomains (hereinafter the “Website”).

1.2. Purpose of the GTC.

These General Terms and Conditions of Service (the “GTC”) govern the contractual relationship between GoTombola and any Customer subscribing to the services offered on the Site (the ‘Customer’ or the “Organizer”). The GTC prevail over any other document of legal or commercial significance, including any purchase order or document issued by the Customer.

1.3. Acceptance.

By subscribing to GoTombola's Services, the Customer acknowledges that they have read these GTC and declares that they accept them without limitation or reservation. Acceptance of the GTC is confirmed by the positive action of checking the box provided for this purpose during the subscription process. The Customer also agrees to comply with the General Terms and Conditions of Use of the Website (the “GTCU”).

1.4. Modification of the GTC.

GoTombola reserves the right to develop, adapt, or modify these GTC at any time. The new GTC will then apply to all new subscriptions. The Customer will be informed of any substantial changes to the GTC by any appropriate means.

1.5. Hierarchy of documents.

In the event of any contradiction between the various contractual documents, they shall prevail in the following order: (i) any special conditions agreed between the parties; (ii) these GTC; (iii) the GTCU; (iv) any other document.

1.6. Definitions.

The following terms have the following meanings in these GTC:

• “Customer” or “Organizer”: Any natural or legal person (association, company, foundation, educational institution, sports club, works council, local authority, etc.) who subscribes to GoTombola's Services in order to organize one or more Operations.

• “Customer Account”: Secure personal space created by the Customer on the Website, allowing them to access the Services and manage their Operations.

• “Lottery”: Within the meaning of Article L. 320-1 of the Internal Security Code, any operation offered to the public, under any name whatsoever, to give rise to the hope of a prize that would be due, even partially, to chance and for which a financial sacrifice is required from participants.

• “Raffle”: A traditional lottery organized within the framework of the exemptions provided for in Articles L. 322-1 et seq. of the Internal Security Code, in particular by non-profit organizations for social, cultural, scientific, educational, sporting, or social entertainment purposes, subject to prior administrative authorization.

• “Promotional Game”: A promotional operation organized by a company or professional, generally free of charge and with no obligation to purchase, as part of its commercial or communication activities.

• “Operation”: Any raffle, lottery, or promotional game organized by the Customer via the GoTombola platform.

• “Participant”: Any individual who participates in an Operation organized by a Customer.

• “Services”: All the features and tools made available by GoTombola enabling the Customer to create, manage, distribute, and operate its Operations, including in particular the creation of campaign pages, ticket management, the integration of third-party payment methods, and random draw tools.

• “Payment Provider”: Any third-party payment service provider integrated into the platform (Stripe, HelloAsso, PayPal, or any other compatible provider) to which the Client connects their own account to collect funds from their Operations.

2 STATUS AND ROLE OF GoTombola

2.1 Technical service provider.

GoTombola acts exclusively as a technical service provider supplying software infrastructure (Software as a Service - SaaS). GoTombola provides tools enabling Customers to digitize all or part of the process of organizing their Operations.

2.2 GoTombola is not an Organizer.

It is expressly agreed that GoTombola is in no way the organizer of the Operations created by Customers. Only the Customer organizes the Operations in their own name and under their sole responsibility. GoTombola has no control over the definition of the rules of the game, the choice of prizes, the setting of ticket prices, the terms and conditions of the draw, or any other decision relating to the organization of the Operation.

2.3 No management of financial flows.

GoTombola does not collect, manage, or hold funds from the sale of tickets or participation in Operations. Payments are collected directly by the Customer via their own account opened with a Payment Service Provider of their choice, without passing through GoTombola.

2.4 Limits of GoTombola's role.

GoTombola cannot be considered a co-organizer, agent, guarantor, surety, or jointly liable for the Operations organized by its Customers. GoTombola assumes no responsibility for the legality, compliance, or success of the Operations.

3 DESCRIPTION OF SERVICES

3.1 Services offered.

GoTombola offers a platform enabling the Customer to:

• Create and customize campaign pages (logo, banner, description, visuals);

• Configure the characteristics of the Operation (type, duration, ticket prices, prizes);

• Manage online and/or physical ticketing (via QR codes);

• Connect a third-party payment account for collecting funds;

• Conduct random and certified prize draws;

• Communicate with Participants and manage results;

• Export data relating to Campaigns.

3.2 Business model.

GoTombola offers a “Freemium” model including a limited free trial offer and paid plans based on volume. The features and prices of the different plans are described in Article 6 and in the commercial documentation available on the Site.

3.3 Evolution of the Services.

GoTombola reserves the right to develop, improve, or modify the features of the Services at any time, provided that this does not substantially alter their nature.

3.4 Territories.

The Services are accessible from mainland France, European countries, North America, South America, and North Africa. However, for legal, technical, or commercial reasons, access may be restricted from certain countries or territories.

4 SUBSCRIPTION AND CUSTOMER ACCOUNT

4.1 Account Creation.

To subscribe to the Services, the Customer must create a Customer Account by providing the requested information, including their email address and a secure password.

4.2 Accuracy of Information.

The Customer undertakes to provide accurate, complete, and up-to-date information when creating their Account and configuring their Transactions. In particular, the Customer undertakes to provide accurate information regarding: the name of their organization, their SIREN or RNA number, the identity of their legal representative, their address, their country of establishment, and the nature of their entity (association, company, etc.).

4.3 Identity verification (KYC/KYB).

In accordance with its obligations to combat fraud and illegal gambling, GoTombola reserves the right to ask the Customer, at any time and without fail before activating any paid Operation or transferring any funds collected, for the following supporting documents:

• For an Association: Dated and signed articles of association, receipt of declaration to the Prefecture (or RNA number), and, as applicable: (i) a copy of the raffle declaration (Cerfa form no. 11823*03) filed with the Town Hall or Prefecture, or (ii) for small-scale operations or where the legal framework allows, a sworn statement of regulatory compliance signed by the legal representative, engaging the responsibility of the association;

• For a company: K-bis extract less than three (3) months old or equivalent document for foreign entities;

• For all: Valid ID of the legal representative (valid ID card or passport) and, where applicable, bank account details (RIB/IBAN) in the name of the organization.

4.4 Sworn statement.

When the Customer chooses to provide a sworn statement instead of the Cerfa form, this statement must expressly mention: (i) the identity and capacity of the signatory; (ii) the nature of the Transaction; (iii) the commitment to comply with the applicable legal provisions; (iv) acknowledgment of the penalties incurred in the event of a false declaration. GoTombola reserves the right to refuse this option and to require the Cerfa form to be produced for any Transaction exceeding a certain collection threshold or presenting a particular risk.

4.5 Suspension for failure to provide supporting documents.

Failure to produce the requested documents within a reasonable period set by GoTombola, or in the event of serious suspicion of illegal activity, may result in the immediate suspension of the Account and the Transaction in progress, without notice or compensation.

4.6 Confidentiality of login details.

The username and password are personal and confidential. The Customer is solely responsible for their storage and use. Any action taken from the Customer Account will be deemed to have been taken by the Customer.

4.7 Legal capacity.

The Customer declares that they have the legal capacity to enter into contracts and, where applicable, to commit the legal entity they represent. In the case of a legal entity, the legal representative guarantees that they have the necessary powers.

4.8 Access restriction.

The Services are not intended for individuals acting exclusively for personal purposes unrelated to any association, professional, or organizational activity.

5 LEGAL REGIMES FOR OPERATIONS

GoTombola acts exclusively as a technical service provider. The Customer acknowledges that they are the sole organizer of the Operation and assumes full legal responsibility for it. The Customer chooses, under their sole responsibility, the regime applicable to their Operation from among the following regimes:

5.1 REGIME A: Association Raffles (Non-profit sector).

This regime is reserved for Customers eligible for legal exemptions: associations under the 1901 law, charities, foundations, sports clubs, educational establishments, and more generally any non-profit organization.

The Customer guarantees that their Operation complies with the provisions of the Internal Security Code (Articles L. 322-1 et seq.), in particular:

• The exclusive allocation of profits to works of general interest or to the financing of the organization's activities (social, cultural, scientific, educational, sporting, or social entertainment purposes);

• Obtaining the required administrative authorization in advance (Cerfa form issued by the town hall or prefecture);

• Compliance with the limit of four (4) raffles per calendar year;

• The exceptional nature of the operation.

5.2 PLAN B: Promotional Games and Lead Generation (Business Sector).

This plan applies to professional Customers using the Solution for marketing, events, or lead generation purposes.

The Customer acknowledges and warrants:

• That it is prohibited from organizing paid lotteries with the expectation of winning (state monopoly);

• That its Operation is free of charge (without financial sacrifice for the participant) or strictly complies with the legal exemptions in force (e.g., advertising lottery with free participation);

• That if the Operation is aimed at collecting leads, the Customer guarantees to comply with the GDPR, in particular by obtaining the informed consent (opt-in) of participants prior to any commercial prospecting.

5.3 Declaration and guarantee of compliance.

Regardless of the applicable regime, by publishing an Operation on the platform, the Customer expressly declares and guarantees:

• That they have verified the compliance of their Operation with the regulations applicable in their country of residence and in the countries where the Operation is accessible;

• That they have obtained, where applicable, all the necessary administrative authorizations;

• That they are able to justify the legality of their Operation upon simple request by GoTombola;

• That they assume full responsibility for delivering prizes to winners;

• That they comply with their tax and social security obligations relating to fundraising;

• That they comply with the General Data Protection Regulation (GDPR) for the personal data of Participants that they collect.

5.4 Warning about penalties.

The Customer is informed that organizing a prohibited lottery may constitute a criminal offense punishable by three years' imprisonment and a fine of €90,000 (Article L. 324-1 of the Internal Security Code). GoTombola declines all responsibility in the event of legal proceedings brought against the Customer due to the non-compliance of its Operation.

5.5 Indemnification clause.

The Customer undertakes to indemnify and hold GoTombola harmless from any conviction, claim, lawsuit, action, or demand by third parties (including administrative or judicial authorities) resulting from the non-compliance of its Transaction, the inaccuracy of the information provided, the violation of these GTC, or any breach of its legal obligations. This guarantee covers, in particular, damages, legal costs, attorneys' fees, and related expenses.

6 RATES AND PAYMENT TERMS

6.1 Free offer.

GoTombola offers a free trial allowing the Customer to test the Services within the limit of 200 tickets or 40 entries, for a total amount collected not exceeding €200. Beyond these thresholds, the Customer must subscribe to a paid plan.

6.2 Paid plans and pricing.

The prices of the paid plans (Free, Starter, Boost, Pro, or any other plan) are indicated on the Website in the “Pricing” section and form an integral part of these GTC. Prices are expressed in euros and do not include tax. Applicable VAT will be added at the time of invoicing at the rate in force. GoTombola's remuneration may take the form of:

• A commission (“Service Fee”) calculated on the volume of transactions of the Operation;

• A fixed subscription (monthly or annual).

6.3 Terms of payment of Service Fees.

The Customer expressly agrees that the commissions owed to GoTombola (Service Fees) will be deducted directly at source from the financial flows by the third-party Payment Service Provider, prior to the transfer of funds to the Customer's account. This automatic deduction will not be invoiced separately.

6.4 Cash flows from Operations (third-party funds).

GoTombola does not collect funds from the sale of tickets or participation fees (third-party funds). These funds are transferred via the Secure Payment Provider chosen by the Customer (Stripe, HelloAsso, PayPal, or other) directly to the Customer's account, less any commissions owed to GoTombola and the Payment Provider's own fees.

6.5 Payment of subscriptions.

Subscription payments are made by credit card via the payment methods offered on the Site. An invoice is issued by GoTombola and made available to the Customer in their personal account.

6.6 Default of payment.

The provisions of this article apply exclusively to subscription invoices or other sums due that are not subject to automatic deduction at source. In the event of default of payment on the due date, GoTombola may suspend access to the Services until full payment has been made.

• For Professional Customers: Application of late payment penalties equal to three (3) times the legal interest rate in force, plus a fixed compensation fee for recovery costs of forty (40) euros in accordance with Article L. 441-10 of the French Commercial Code.

• For Non-Professional Customers (associations without economic activity): Late payment penalties will be applied at the legal interest rate in force. The fixed compensation of €40 provided for by the Commercial Code does not apply.

Any late payment will also result in the immediate suspension of Services and the inability to create new Transactions.

6.7 Price changes.

GoTombola reserves the right to change its prices at any time. The new prices will apply to subscriptions and renewals after their publication on the Site. The Customer will be informed of any price changes at least thirty (30) days before they come into effect.

7 RIGHT OF WITHDRAWAL

7.1 Exclusion for Professionals.

The right of withdrawal provided for in the Consumer Code does not apply to contracts concluded between professionals.

7.2 Principle for Non-Professionals.

In accordance with Articles L. 221-18 et seq. of the Consumer Code, non-professional Customers (associations, individuals) have a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to justify their reasons or pay penalties.

7.3 Exception for immediate performance.

In accordance with Article L. 221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.

7.4 Express consent and waiver.

When subscribing to or publishing an Operation, the non-professional Customer is invited to expressly consent to the immediate performance of the Services and to acknowledge that they waive their right of withdrawal. This consent is obtained by the positive action of ticking a dedicated box. In the absence of this consent, access to the Services may be deferred for 14 days. No refund will be granted after activation of the Service.

7.5 Exercising the right of withdrawal.

In the absence of a waiver, the Customer may exercise their right of withdrawal by sending a clear and unequivocal request to contact@gotombola.co or by post to GoTombola's registered office. In the event of withdrawal, GoTombola will refund the Customer within fourteen days of receiving the request, using the same payment method used for the initial transaction.

8 TERM - RENEWAL - TERMINATION

8.1 Term.

The subscription to the Services is concluded for a fixed term corresponding to the period chosen by the Customer (monthly, annual, or linked to a specific Transaction).

8.2 Renewal.

Unless otherwise specified, subscriptions are renewed by tacit agreement for an identical term. The Customer may object to renewal by canceling their subscription from their Customer Account before the expiration date.

8.3 Termination by the Customer.

The Customer may terminate their subscription at any time from their Customer Account. Termination will take effect at the end of the current period. No pro rata refunds will be made.

8.4 Termination by GoTombola.

GoTombola may terminate the contract automatically, without notice or compensation, in the event of a serious breach of these GTC by the Customer, and in particular in the event of: (i) failure to comply with legal obligations relating to Transactions; (ii) provision of false or misleading information; (iii) fraudulent use of the Services; (iv) infringement of intellectual property rights; (v) publication of content that is illegal or contrary to public order.

8.5 Consequences of termination.

Termination will result in the deactivation of the Customer Account and the inability to access the Services. The Customer's data will be retained in accordance with the data retention policy and applicable regulations.

9 INTELLECTUAL PROPERTY AND CONTENT

9.1 Ownership of GoTombola.

The Website, platform, software, source codes, object codes, algorithms, interfaces, graphics, structure, tree structure, and Content published by GoTombola (including text, videos, graphics, images, photographs, logos, and icon buttons) are the exclusive property of GoTombola and are protected by intellectual property law. The Customer only has a personal, non-transferable, and temporary (SaaS) license for the duration of the contract.

9.2 License to use.

GoTombola grants the Customer a personal, non-exclusive, non-transferable, and revocable license to use the Services for the duration of the subscription. This license does not imply any transfer of intellectual property.

9.3 Customer Content.

The Customer retains ownership of the content they publish on the Site (logos, images, presentation texts, visuals of prizes). The Customer grants GoTombola a free, non-exclusive, worldwide license to reproduce and distribute this content for the sole purpose of performing the Services.

9.4 Customer warranty regarding content.

The Customer declares and warrants that they hold all necessary intellectual property rights (copyright, image rights, trademark rights) to the content they publish. The Customer indemnifies GoTombola against any recourse, claim, or action by third parties due to a violation of intellectual property rights related to the uploaded content.

9.5 Prohibitions.

The Customer is strictly prohibited from: copying, reproducing, decompiling, disassembling, or creating derivative works based on the Site or Services; using robots, automated programs, or scraping techniques to extract data; circumventing the Site's security measures.

10 PERSONAL DATA AND GDPR

10.1 Responsibility for data.

GoTombola acts as the data controller for its Customers' personal data (account, billing, and browsing data). The Customer acts as the data controller for the personal data of Participants in its Operations.

10.2 Subcontracting.

Insofar as GoTombola processes Participant data on behalf of the Customer for the purpose of providing the Services (hosting, draw module, sending transactional emails), GoTombola acts as a processor within the meaning of Article 28 of the GDPR. As such, GoTombola undertakes to: process the data only on the documented instructions of the Client; guarantee the confidentiality of the data; implement appropriate security measures; assist the Client in exercising the rights of the persons concerned; delete or return the data at the end of the service; not use the data for its own purposes.

10.3 Client's obligations.

The Customer undertakes to comply with the GDPR and the French Data Protection Act with regard to the personal data of Participants that it collects via the platform. In particular, it is the Customer's responsibility to inform Participants of the processing of their data, to obtain their consent where applicable (in particular for commercial prospecting), and to guarantee the exercise of their rights.

10.4 Privacy Policy.

For more information on the processing of personal data by GoTombola, the Customer is invited to consult the Privacy Policy available at: https://gotombola.co/fr-fr/legal/politique-confidentialite/.

11 WARRANTIES AND LIMITATION OF LIABILITY

11.1 Obligation of means.

GoTombola is bound by an obligation of means in the performance of the Services. GoTombola shall exercise the care and diligence normally required to ensure the technical availability of the platform and to provide high-quality Services. It does not guarantee the absence of minor bugs or temporary interruptions for maintenance.

11.2 Availability of the platform.

GoTombola strives to ensure the accessibility of the platform 24 hours a day, 7 days a week, subject to maintenance operations, possible breakdowns, and events of force majeure. GoTombola does not guarantee uninterrupted or error-free operation.

11.3 No warranty on Transactions.

GoTombola does not guarantee: the accuracy, completeness, or legal compliance of the information published by Customers; the commercial or financial success of Operations; the effective delivery of prizes by Organizers; the legality of Operations with regard to applicable regulations.

11.4 Disclaimers.

GoTombola shall not be held liable for:

• The illegality or cancellation of the Operation by the Customer;

• Disputes between the Customer and Participants (non-compliant prizes, prizes not received, disputes over results);

• Malfunctions attributable to third-party Payment Providers (funds blocked by Stripe, HelloAsso, or PayPal, transfer delays, account suspension);

• Damage resulting from fraudulent intrusion by third parties;

• Any inaccuracy or imprecision in the content published by Customers;

• Indirect damage (loss of revenue, loss of data, damage to reputation).

11.5 Limitation of liability.

To the fullest extent permitted by law, GoTombola's total liability to the Customer under these GTC is limited to the amount actually paid by the Customer to GOTOMBOLA for the Services during the twelve (12) months preceding the event giving rise to the damage.

11.6 Non-professional Customers.

The limitations of liability provided for in this article do not apply to non-professional Customers insofar as they would be contrary to the mandatory provisions of the Consumer Code.

11.7 Third-party sites and services.

GoTombola is not responsible for third-party sites, platforms, or services accessible via the Site, including Payment Providers (Stripe, HelloAsso, PayPal). The use of these third-party services is subject to their own terms and conditions.

12 SUSPENSION - MODERATION - RIGHT OF INTERVENTION

12.1 Right of suspension.

GoTombola reserves the right to immediately suspend, without notice or compensation, access to the Services or to a specific Transaction in the event of:

• Suspicion of a manifestly illegal or unauthorized Transaction;

• Serious suspicion of illegal or fraudulent activity;

• Publication of illegal content, contrary to public order or morality;

• Infringement of third-party rights (intellectual property, privacy);

• Non-payment of amounts due;

• Failure to provide the supporting documents required under KYC/KYB;

• Risk of compromising the technical security of the platform.

12.2 Request for supporting documents.

GoTombola may at any time ask the Customer to prove the compliance of their Transaction, in particular by producing the administrative authorization obtained. Failure to produce the supporting documents within 48 hours may result in the suspension of the Transaction.

12.3 Right of moderation.

GoTombola reserves the right to remove without notice any content that is clearly illegal, misleading, or infringes on the rights of third parties, without this moderation engaging its liability.

12.4 Customer information.

In the event of suspension or moderation, GoTombola will endeavor to inform the Customer of the reasons for its decision as soon as possible, unless otherwise required by law.

13 FORCE MAJEURE

13.1 Definition.

GoTombola shall not be held liable if the performance of its obligations is delayed, restricted, or rendered impossible due to an event of force majeure within the meaning of Article 1218 of the Civil Code.

13.2 Similar events.

The following, in particular, are considered cases of force majeure: natural disasters, fires, floods, epidemics, wars, acts of terrorism, strikes, widespread power failures, telecommunications network failures, cyberattacks, administrative or regulatory decisions prohibiting the activity.

13.3 Effects.

In the event of force majeure, the obligations of the parties shall be suspended for the duration of the event. If the event persists for more than three (3) months, either party may terminate the contract automatically by written notice.

14 MISCELLANEOUS PROVISIONS

14.1 Independence of clauses.

If any provision of these GTC is declared invalid or unenforceable, the other provisions shall remain in force.

14.2 Non-waiver.

GoTombola's failure to enforce any breach by the Customer of any of its obligations shall not be construed as a waiver of its right to enforce such breach at a later date.

14.3 Entire Agreement.

These GTC, the GTCU, and the Privacy Policy constitute the entire agreement between the parties and supersede any prior agreement, written or oral, relating to their subject matter.

14.4 Assignment.

The Customer may not assign or transfer its rights and obligations under these GTC without the prior written consent of GoTombola. GoTombola may freely assign or transfer these GTC to any company in its group or to any successor.

14.5 Language.

These GTC are written in French. In the event of translation, only the French version shall be deemed authentic.

15 APPLICABLE LAW AND DISPUTE RESOLUTION

15.1 Applicable law.

These GTC are subject to French law.

15.2 Amicable resolution.

In the event of a dispute arising from the validity, interpretation, or execution of these GTC, the parties shall endeavor to resolve their dispute amicably.

15.3 Mediation.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, non-professional Customers (in particular small associations) may have recourse to a consumer mediator free of charge. The list of referenced mediators is available on the website of the Ministry of Economy: https://www.economie.gouv.fr/mediation-conso/mediateurs-references

15.4 Online dispute resolution platform.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, accessible at: https://ec.europa.eu/consumers/odr

15.5 Jurisdiction.

In the absence of an amicable resolution:

• For Customers who are merchants: Exclusive jurisdiction is attributed to the Commercial Court of BEAUVAIS;

• For other Customers: The rules of legal jurisdiction apply, unless otherwise provided by public policy applicable to consumers.