Terms of Service (TOS)

1. PURPOSE

These Terms of Service (hereinafter "TOS") define the terms and conditions under which Sonalyze (hereinafter "Sonalyze") offers its consumer clients (hereinafter the "Client(s)") an acoustic diagnostic service for real estate properties (hereinafter the "Service"), accessible via the Sonalyze online platform (website or mobile application) (hereinafter the "Platform").

2. SERVICE DESCRIPTION

Sonalyze offers a Sound Performance Diagnostic ("SPD") to evaluate and certify an acoustic score for any real estate property intended for sale or rental.

The Service includes in particular:

• ○ Temporary provision of acoustic measurement devices installed in the property to be diagnosed;
• ○ Automatic analysis, via a proprietary algorithm using deep learning models, of the sounds heard and their categorization (interior, neighboring, exterior sounds, etc.);
• ○ Timestamping and decibel measurement over a period of 24 hours to 7 days depending on the chosen package;
• ○ Generation of a detailed report accessible to the Client via a secure space (user account) on the Platform;
• ○ Acoustic improvement recommendations, assessment of potential noise reduction and estimation of associated costs.

3. SERVICE ACCESS AND ACCOUNT CREATION

3.1. Subscription

To access the Service, the Client must create a personal account on the Platform, provide the required information and accept these TOS.

3.2. Security

The Client agrees to keep their login credentials confidential and to notify Sonalyze of any suspected or confirmed fraudulent use of their credentials.

4. SERVICE EXECUTION TERMS

4.1. Device Installation

The devices are installed in the property, either by an approved intermediary, by Sonalyze, or by the Client following the instructions provided.

4.2. Measurement Period

The measurement duration is specified at the time of order (24 hours to 7 days). The devices must be returned at the end of the scheduled period, in accordance with the terms set out in Article 13. The return of devices will be made by postal delivery through a service approved by Sonalyze. A condition report will be drawn up upon receipt of the package.

4.3. Data Processing

Sounds are automatically analyzed by Sonalyze's algorithm (embedded in the devices), enabling the categorization and localization of noise nuisances, without storing the sounds.

4.4. Report Delivery

The acoustic report is generated at the end of the measurement period and made available to the Client on the Platform within approximately one hour. This timeframe is provided for informational purposes and does not constitute a contractual commitment by Sonalyze. Furthermore, the Client is informed that report delivery or access may be delayed due to internet network contingencies.

5. CLIENT OBLIGATIONS

5.1. Good Faith Use

The Client agrees to use the Service in a fair manner, in accordance with its purpose and documentation, and not to misuse it for purposes unrelated to acoustic diagnosis.

5.2. Reporting Malfunctions

The Client agrees to inform Sonalyze as soon as possible of any malfunction observed in the operation of the devices or the platform, to enable a swift response. Malfunctions must be reported via the Platform or by email at "hello@sonalyze.com".

5.3. Prohibition on Decompilation or Modification

The Client is prohibited from any attempt to decompile, disassemble, alter, reproduce, or modify the devices, the embedded algorithm or any software provided as part of the Service.

5.4. Compliance with Terms of Use

The Client agrees to strictly follow the instructions provided for installation, use, return and handling of the devices. Any unauthorized or non-compliant use is prohibited.

5.5. Device Custody

Sonalyze is and remains the owner of the devices.

The Client is responsible for the devices throughout the period of their provision. The Client is responsible for their custody and takes all necessary measures to prevent deterioration, loss or theft.

In the event of damage to the devices during use of the Service, the Client agrees to immediately inform Sonalyze. The Client may be required to reimburse replacement or repair costs.

6. PRICING AND PAYMENT

6.1. Pricing

Service prices are indicated on the Platform and expressed in euros, all taxes included.

6.2. Payment Methods

Payment is made online by credit card or any other method offered on the Platform at the time of order.

7. RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 of the French Consumer Code, the Client has, in principle, a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal without having to justify their decision or bear any costs other than those provided by law.

However, the Client expressly acknowledges and accepts that the execution of the Service begins upon validation of their order and before the expiry of the withdrawal period, in accordance with Article L.221-28, 1° of the French Consumer Code. The Client also acknowledges that, once the Service has been fully performed by Sonalyze before the end of the withdrawal period, they expressly waive their right of withdrawal.

Consequently, the Client will no longer be able to exercise their right of withdrawal once the Service has been fully performed by Sonalyze.

8. WARRANTIES AND LIABILITY

8.1. Warranty

Sonalyze undertakes to provide the Service in accordance with applicable regulations and best practices.

8.2. Service Limitations

The Service provided by Sonalyze is an informative acoustic diagnostic intended to evaluate and certify an acoustic performance score of a real estate property. Sonalyze does not guarantee the completeness, absolute accuracy, or absence of errors in the acoustic report results, as these depend in particular on the conditions of equipment use, the environment of the diagnosed property and the Client's compliance with installation instructions.

The recommendations made in the report are provided for informational purposes only and are not binding. They do not replace an independent technical expert opinion or additional professional advice.

Sonalyze cannot be held responsible for the consequences of non-compliant use of the Service, inappropriate use or failure to implement the recommendations provided in the report.

8.3. Liability Limitation

Sonalyze's liability cannot be engaged:

• - In the event of unavailability or malfunction of the Service resulting from internet network contingencies, Platform issues or force majeure events (such as wars, climate disasters, strikes, lockouts, pandemics, shortages, etc.).
• - In the event of indirect damage suffered by the Client, such as loss of opportunity, loss of contract, reduction in sale or rental price, loss of property value, or any other financial damage.
• - If the data collected via the devices is incomplete or altered due to improper installation, non-compliant use of the devices or breach of the Client's obligations.
• - In the event of non-compliance by the Client with the instructions or conditions of use of the Service.

In any event, and except for mandatory legal provisions to the contrary, Sonalyze's cumulative liability, for all causes combined, is expressly limited to the total amount paid by the Client for the Service.

9. PERSONAL DATA

The Client's personal data is processed in accordance with Sonalyze's Privacy Policy . Sound analyses performed do not result in any retention of recordings beyond the time necessary for analysis.

10. INTELLECTUAL PROPERTY

All elements comprising the Service, including the algorithm, the acoustic report, the recommendations and all elements produced by Sonalyze are and remain the exclusive property of Sonalyze. The Client benefits from a personal, non-exclusive, non-transferable right of use over the produced report.

11. CUSTOMER SERVICE & COMPLAINTS

For any question, complaint or request for information, the Client may contact Sonalyze at the following address: hello@sonalyze.com.

12. TERMINATION

The Client may at any time terminate the Service by sending a written notification to Sonalyze, by registered letter with acknowledgment of receipt, by email or via the termination form available on the Platform. The date of dispatch of the notification is authoritative for the effective date of termination. The Client agrees to immediately cease all use of the Service and to return the devices to Sonalyze under the conditions described in Article 13.

13. RETURN OF DEVICES

At the end of the analysis period, on the date indicated by Sonalyze, the Client must return the devices made available by Sonalyze.

In the event of termination, the Client must return, without undue delay and no later than 14 days after the effective date of termination, the devices made available by Sonalyze.

The devices must be returned in their original condition, subject to normal wear and tear.

Any observed deterioration will result in the invoicing of a penalty of up to €400 per device.

14. APPLICABLE LAW – DISPUTES

The TOS are subject to French law. In the event of a dispute, the Client may refer the matter to a consumer mediator or refer it to the competent courts.

Our mediator is available at the following address: https://mcpmediation.org/.

15. TOS AMENDMENTS

Sonalyze reserves the right to modify these TOS at any time. The Client will be informed in writing of any substantial modification at least one (1) month before it takes effect. In the event of disagreement, the Client will then have a period of one (1) month to terminate the Service by right.

The termination will then take effect on the date the refused modification comes into force. In the absence of such termination within the allotted time, the Client is deemed to have accepted the modification.

16. ACCEPTANCE

Validation of the order by the Client constitutes full and complete acceptance of these TOS.