Terms of Sale

Version of 7 September 2026

This English translation is provided for convenience only. In case of discrepancy, the French version prevails.

1. Purpose

These Terms of Sale (the "Terms") define the conditions under which EVERSIDE, a simplified joint-stock company with a share capital of €22,360.00, registered with the Nanterre Trade and Companies Register under number 523 916 104 00038, whose registered office is at 57 rue Raspail, 92300 Levallois-Perret, France, represented by Mr Olivier BAILLEUX as President ("EVERSIDE"), provides its professional clients (the "Client") with access to the EVERCARD platform for sending and routing personalised electronic greeting cards.

Any order or subscription implies the Client's full acceptance of these Terms, to the exclusion of any other document.

2. Description of the service

EVERCARD is a SaaS web platform that lets companies send and route personalised digital cards to their contacts, and publish greeting pages to share.

Access is through the Internet, at a dedicated address such as: https://company-name.evercard.digital

An administrator account is created by EVERSIDE for each Client. The employees authorised by the Client create their account at their first sign-in, through a sign-in link sent to their work email address, their Google account or, if the option is subscribed, the company directory. They gain access with the season access code provided by the Client, or an invitation sent by an administrator. The Client may restrict authorised addresses to certain domains.

The service is provided in hosted mode only (no local installation).

3. Order and acceptance

Any order is placed through a quote, purchase order or contract signed by the Client. Acceptance of the quote or contract implies acceptance of these Terms. The Terms in force on the day of the order prevail over any earlier version.

4. Prices and invoicing

Subscription plans are offered according to the number of cards that may be sent during the contractual period, which applies, unless otherwise stated, from 1 November to 31 March of the following year (the "season").

Available plans:

Unit of account: 1 sending = 1 recipient. A card addressed to 500 people uses 500 units.

Overrun: beyond the quota, sendings are suspended. Moving to the next plan is possible during the season, by amendment.

Prices stated on quotes and invoices are in euros excluding VAT.

4.1 Services included in all plans

All plans include:

• Platform set-up
• Platform availability during the season (no limit on simultaneous connections)
• Customisation of the platform to the Client's brand (logo, colours, typeface, title)
• Unlimited entities (subsidiaries, departments, services), each with its cards, its sender and its administrators, with the possibility of restricting access to certain employees
• Multilingual interface; card subjects, messages and visuals specific to each language
• Greeting cards in image or video format, on a standard email template (custom template available as a service)
• Personalisation of greetings for each sending (subject, message, recipient's first and last name)
• Recipient import by copy and paste, CSV file, or from Google and Microsoft 365 address books (subject to compatibility)
• Scheduling of sendings and cancellation of scheduled sendings
• Online replies from recipients, forwarded by email to the employee
• Employee space with tracking of sendings, opens and replies
• Administrator dashboard: usage, sendings per entity, open and reply rates
• Display optimised for computers, tablets and smartphones
• Sending allowance within the limit of the chosen plan
• Hosting in France
• Technical support through the chat built into the platform

Not included: graphic design fees and creation of a custom email template, invoiced as on-demand services

4.2 Annual options

The following options may be subscribed in addition to any plan, for the duration of the season:

• Greeting pages — public greeting page in the Client's colours. Each employee adds their message and shares it on social networks or by email; recipients may reply.
• Dedicated domain — platform, sending email and greeting pages on the Client's domain. DNS configuration, SSL certificate and deliverability set-up included. Prerequisite: access to the domain's DNS zone.
• SSO integration — employee sign-in through the corporate directory. OIDC and SAML protocols, subject to identity provider compatibility.

4.3 On-demand services

• Custom template creation — HTML/CSS integration of the Client's design and installation on the platform.
• Adaptation of an existing template — on quote.
• User tutorial — personalised PDF guide to share with employees.

5. Payment terms

Unless otherwise stated on the quote, payments are made as follows:

• 50% on order
• 50% when the platform opens to users

Payment is made by bank transfer to the account indicated by EVERSIDE. No discount is granted for early payment.

In accordance with French law no. 92-1442 of 31 December 1992, failure to comply with the payment terms entails:

• late payment interest calculated at the European Central Bank (ECB) rate plus 6 points
• and a fixed compensation of 40 euros for recovery costs

The Client acknowledges having read and accepted the General Terms in force on the date of signature of the quote or purchase order. These documents can be consulted at any time on EVERSIDE's website: https://www.evercard.digital/legal/terms

No refund is made, including in case of total or partial non-use of the service.

6. Term and termination

The contract takes effect on the subscription date and ends automatically on 31 March of the following year, without tacit renewal. No early termination is provided for, except for a serious breach by either party of its contractual obligations, not remedied within 15 days of written notice.

7. Access to the service

EVERSIDE undertakes to provide continuous access to the service, except for maintenance operations or force majeure. This is an obligation of means: EVERSIDE does its utmost to ensure the availability and security of the service and to restore access as soon as possible in case of interruption.

The Client is responsible for the confidentiality of the season access code provided to it, for sharing it only with its authorised employees, and for its use. Sign-in links sent to employees are personal and single-use. The Client may have the access code regenerated at any time from its administration space.

8. Recipients and content of sendings

The Client warrants that it is entitled to send greeting cards to the recipients it imports, or that its employees import, on the platform, in compliance with the rules applicable to electronic prospecting, and that it has informed these recipients in accordance with the regulations. It is responsible for the content of the cards, messages and greeting pages published in its company's name, and refrains from any unlawful content or content infringing third-party rights.

Greeting pages published by employees are accessible to anyone who has the link. The Client and the employee may take them offline or delete them at any time. EVERSIDE may withdraw a page that breaches these Terms.

9. Intellectual property

EVERSIDE remains the sole holder of all intellectual property rights relating to the EVERCARD platform, its structure, code, design and content.

The Client shall not reproduce, copy, modify, adapt, translate or decompile the service, in whole or in part, without EVERSIDE's prior written consent.

EVERSIDE undertakes never to reuse content generated or imported by users (texts, visuals, cards, messages), which remains the exclusive property of the Client.

10. Personal data

For recipients' data and for all data that the Client and its employees import or enter on the platform, the Client is the data controller and EVERSIDE acts as a processor within the meaning of Article 28 of the GDPR. A data processing agreement, appended to the quote or provided on request, specifies the subject matter and duration of the processing, the Client's instructions, the security measures, the sub-processors and the assistance provided to the Client to answer data subjects' requests.

EVERSIDE processes this data only to provide the service and on the Client's instructions. It is hosted in France. Google and Microsoft 365 address books consulted during an import are never kept; only the selected recipients are stored.

At the end of each season, EVERSIDE purges recipients' personal data (addresses, names, replies). The Client may request the deletion of a recipient's or an employee's data at any time.

For its employees' accounts and for its own contacts, EVERSIDE is the data controller under the Privacy Policy, available at: https://www.evercard.digital/legal/privacy. It names EVERSIDE's processors.

A cookie policy is also available here: https://www.evercard.digital/legal/cookies

11. Liability

EVERSIDE cannot be held liable for:

• the consequences of non-compliant use of the service
• indirect damages such as loss of revenue, loss of image or loss of data
• temporary interruptions due to maintenance, technical failures or external events
• the content of cards, messages and pages published by the Client and its employees, or the choice of recipients

In any event, EVERSIDE's liability is strictly limited to the total amount of the order concerned.

12. Force majeure

EVERSIDE cannot be held liable for non-performance of its obligations due to a force majeure event within the meaning of Article 1218 of the French Civil Code (natural disaster, general outage, strike, cyber attack, etc.). Performance of the contract is suspended for the duration of the event.

13. Confidentiality

The Parties undertake to keep confidential all technical, commercial and financial information exchanged under the contract. This obligation continues for three (3) years after the end of the contract.

14. Amendment of the Terms

EVERSIDE reserves the right to amend these Terms at any time. Amendments take effect as soon as they are published on the website https://www.evercard.digital/legal/terms and apply to any new order. The Terms in force at the time of the order remain applicable to the current contract.

15. Governing law and jurisdiction

These Terms are governed by French law. Any dispute relating to their interpretation, performance or validity falls within the exclusive jurisdiction of the Nanterre Commercial Court.

16. Contact

For any question about these Terms or the EVERCARD service, the Client may contact customer service through the contact form: https://www.evercard.digital/contact