Terms of Sale

TERMS OF SALE

BandStream: "Pro" subscription

Version 2, effective as of October 7, 2026

Only the French version of these Terms of Sale is authoritative. This English version is provided for convenience only; in the event of any discrepancy, the French version prevails.

Article 1: Identification of the seller

The paid Services described herein are sold by BandStream, a French simplified joint-stock company (SAS) with a share capital of 1,020.00 euros, registered with the Paris Trade and Companies Register (RCS) under number 939 221 438, whose registered office is at 60 rue François 1er, 75008 Paris, France, intra-community VAT number FR 81939221438 (hereinafter "BandStream").

Email: [email protected]. Telephone: provided upon request at that address. Publication director: the President of BandStream SAS.

Article 2: Definitions

Capitalised terms have the meaning given below or, failing that, in the Terms of Use.

"Terms of Sale": these Terms of Sale (in French, "Conditions Générales de Vente" or "CGV").

"Terms of Use": the Terms of Use of the Platform (in French, "Conditions Générales d'Utilisation" or "CGU"), available at https://band.stream/en/terms.

"Privacy Policy": the document describing the processing of personal data, available at https://band.stream/en/privacy.

"Platform": the BandStream online service, available at https://band.stream and on subdomains of the form artist.band.stream.

"Customer": any natural or legal person holding an Account who subscribes to the Pro Subscription. The Customer is either a Consumer, a Non-Professional or a Professional.

"Consumer": any natural person acting for purposes that are outside their trade, business, craft, liberal or agricultural activity (preliminary article of the French Consumer Code). An amateur musician who subscribes for their own musical project, without deriving a professional activity from it, is a Consumer.

"Non-Professional": any legal person that does not act for professional purposes, for example an association of amateur musicians.

"Professional": any natural or legal person, public or private, acting for purposes within the scope of their trade, business, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional. A label, a manager, a publisher, a production company or an artist operating under a professional status (intermittent worker, sole trader, company) is a Professional.

"Account": the personal space opened by the Customer on the Platform in accordance with the Terms of Use.

"Artist Page": the public page created on the Platform for an artist or a band, held by an Account.

"Release": a public page of the Platform dedicated to a track, an album or any other project of an artist, attached to an Artist Page.

"Free Plan": all Services accessible without payment, described in article 5.1.

"Pro Subscription" or "Subscription": the paid plan described in article 5.2, taken out for a term of one (1) year and tacitly renewed.

"Subscription Period": the one (1) year period covered by a payment, running from the date of the Order or, where the Order opens a trial period, from the end of that trial period, and then from each renewal.

"Order": the act by which the Customer subscribes to the Pro Subscription following the procedure in article 7.

"Durable medium": any instrument enabling the Customer to store information addressed personally to them in a way that allows future reference and identical reproduction, in particular an email.

Article 3: Purpose, scope and relationship with the Terms of Use

3.1 Purpose

The Terms of Sale define the conditions under which BandStream sells the Pro Subscription to the Customer, together with the rights and obligations of the parties in that respect: description of the offer, price, ordering, payment, term, renewal, withdrawal, termination, warranties and liability.

3.2 Scope

The Terms of Sale apply to any Order for a Pro Subscription placed on the Platform, whatever the Customer's place of residence. They apply to Consumers, Non-Professionals and Professionals. Where a provision is reserved for one of those categories, it says so.

The Terms of Sale do not apply:

(a) to the Free Plan, the use of which is governed solely by the Terms of Use;

(b) to the "Label" offer, which is sold on quotation and activated by the BandStream team and is subject to specific written terms; in the absence of such terms, these Terms of Sale apply to it to the extent compatible;

(c) to paid plans granted free of charge by BandStream for a fixed or indefinite period, which do not constitute a sale and end at the announced term without payment or renewal.

3.3 Relationship with the Terms of Use and order of precedence

The Terms of Use govern access to and use of the Platform by any person, whether paying or not. The Terms of Sale govern the sale of the Pro Subscription. The Customer remains bound by the Terms of Use throughout their Subscription, in particular the rules on User Content, prohibited conduct, fair use of the Subscription (article 9 of the Terms of Use) and moderation (article 12 of the Terms of Use).

In the event of conflict between the documents, the order of precedence is as follows: (1) written and signed specific terms, if any; (2) the Terms of Sale; (3) the Terms of Use; (4) the Privacy Policy as regards personal data. Mandatory statutory provisions applicable to Consumers and Non-Professionals prevail over the contractual documents in all cases.

3.4 Capacity

The Pro Subscription may only be taken out by an adult with legal capacity or, for a minor aged sixteen (16) or over who is authorised to use the Platform under the Terms of Use, with the express consent of their legal representative, who is then the Customer. A Customer acting on behalf of a legal person represents that they have authority to bind it.

Article 4: Acceptance, enforceability, version and archiving

4.1 Acceptance

The Terms of Sale are made available to the Customer on the Platform, where they can be read, saved and printed, before any Order. The Customer accepts them by ticking the box provided for that purpose during the Order, before payment. This acceptance constitutes an electronic signature within the meaning of articles 1366 and 1367 of the French Civil Code. No Order can be completed without this acceptance.

4.2 Applicable version

The version of the Terms of Sale applicable to an Order is the version in force on the date of the Order, identified by its version number and effective date at the top of the document. Subsequent amendments are governed by article 13.

4.3 Archiving and evidence

For each Order, BandStream retains the version of the Terms of Sale accepted, the date and time of acceptance, the express request for immediate performance and the Account and Order identifiers, for the term of the Subscription and then for five (5) years after it ends, including where the Account has since been deleted. It likewise retains, for five (5) years, the Customer's withdrawal statement, its acknowledgement of receipt and the resulting refund, with their date and time. The Customer may obtain a copy of the version they accepted by writing to [email protected]. The computerised records of BandStream and of its payment provider constitute evidence of Orders and payments, unless proven otherwise.

In accordance with article L213-1 of the French Consumer Code, where the amount of an Order is equal to or greater than one hundred and twenty (120) euros, the contract is archived by BandStream for ten (10) years and the Customer may access it on request.

Article 5: Description of the plans

5.1 Free Plan

The Free Plan allows the Customer, without payment, to create one (1) Artist Page accessible on a subdomain of the form artist.band.stream, to publish one (1) Release on it gathering links to streaming platforms and the artist's other links, to view the total number of views and clicks, and to benefit from standard support. The Free Plan does not allow team members to be added to the Artist Page. It is governed by the Terms of Use.

5.2 Pro Subscription

The Pro Subscription is attached to the Customer's Account and its benefit extends to the Artist Pages of which the Customer is a member, under the conditions of article 9 of the Terms of Use. As of this version, it includes:

(a) everything included in the Free Plan;

(b) an unlimited number of Releases per Artist Page;

(c) up to three (3) team members per Artist Page, in addition to its owner;

(d) detailed page traffic statistics (countries, devices, traffic sources, clicks per platform) and their history;

(e) the configuration of advertising measurement pixels and tags on public pages (Meta, Google Analytics 4, Google Ads, TikTok, Snapchat, X) and the integration of a Google Tag Manager container, the firing of which remains subject to visitors' consent in accordance with applicable regulations;

(f) the display of a "Pro" badge on public pages;

(g) priority support: the Customer's requests are handled before those of the Free Plan, with a target first response within two (2) business days.

The number of Artist Pages an Account may create is one (1) Artist Page, for both the Free Plan and the Pro Subscription, subject to the more favourable conditions attached to Founder Accounts as defined in the Terms of Use. A Customer managing several artists falls under the "Label" offer, sold on quotation.

BandStream may add new features to the Pro Subscription at any time. The removal or substantial reduction of a feature listed above during a Subscription Period is governed by article 15.3.

5.3 Technical characteristics, functionality and interoperability

The Platform is a digital service provided online, without installation or physical medium. Using it requires Internet access and a recent web browser (latest versions of Chrome, Firefox, Safari or Edge), at the Customer's expense. Public pages are designed to be viewed from a desktop or mobile browser. Statistics can be exported in CSV format from the dashboard. Published links point to third-party services (streaming platforms, ticketing, social networks) whose operation and availability BandStream does not control. No technical protection measure restricts the Customer's access to their own data.

5.4 Free trial period

The first Pro Subscription taken out by an Account starts with a free trial period of seven (7) calendar days. Each Account benefits from a single trial period only: an Account that has already been subscribed, or has already benefited from a trial period, subscribes without a trial period and pays the price upon the Order. A trial period opened before this version came into force keeps the term stated upon its subscription.

Before entering their payment details, the Customer is informed, clearly and prominently, that the trial period automatically becomes paid at its end, of the price of the Pro Subscription including taxes, of the date of the first charge and of the conditions of the right of withdrawal. Payment card details are requested upon the Order; no amount is charged during the trial period, during which the Customer has access to all the features of the Pro Subscription.

At the end of the trial period, the Subscription automatically becomes paid, without any further action by the Customer: the first one (1) year Subscription Period starts on that date, and the first charge takes place then. Its amount is the price in article 6.1 in force upon the Order, namely seventy-two euros (EUR 72) including taxes at the French VAT rate (sixty euros (EUR 60) excluding taxes), less, where applicable, the discount attached to a promotional code used upon the Order; the exact amount, according to the tax applicable to the Customer (article 6.2), is displayed on the payment page.

Three (3) days before the end of the trial period, BandStream sends the Customer an email reminder stating the date and the amount including taxes of the first charge, how to cancel, the date until which the right of withdrawal may still be exercised and a link to these Terms of Sale.

The Customer may cancel at any time during the trial period, free of charge and without giving any reason, under the conditions of article 11: cancellation takes effect at the end of the trial period, no amount is charged, and the Account reverts to the Free Offer in accordance with article 11.4.

The fourteen (14) day withdrawal period of article 10 runs from the Order that opens the trial period. As the trial period ends before that period expires, the first charge takes place within it: the right of withdrawal continues after that first charge, and a Customer who exercises it within the period, before or after that charge, obtains a full refund of the sums paid (article 10.5). As the Customer has been informed, upon the Order, that the trial period becomes paid at its end, no new withdrawal period opens when the Subscription becomes paid.

5.5 Promotional offers

BandStream may run promotional offers, each identified by a code and presented on a public page whose address contains that code (band.stream/o/code). Each offer states what it grants, namely a subscription period free of charge before the first charge or a discount on the price, the price including taxes due afterwards, the date of the first charge, the commitment period and the offer's validity period.

A promotional offer is reserved for account creation: it is acquired by the Account created from the offer's page, within the number of uses the offer sets and within its validity period. An Account already existing on the date of the Order does not benefit from it and subscribes at the price of article 6.1.

An Account benefits from one promotional offer only. A promotional offer does not combine with the free trial period of article 5.4: it replaces it. The free period granted by the offer then plays the role of the trial period for the purposes of articles 5.4 (information before payment details are entered, reminder before the first charge, cancellation during the free period), 10 (right of withdrawal) and 11 (cancellation).

At the end of the free period, the Subscription automatically becomes paid, with no further action by the Client, at the price announced on the offer's page and restated on the payment page. The offer applies to the first Subscription Period only, unless its page states otherwise: subsequent renewals take place at the price of article 6.1 then in force.

BandStream may withdraw a promotional offer at any time. Withdrawal has no effect on Subscriptions already taken out under that offer.

Article 6: Price and taxes

6.1 Price of the Pro Subscription

The price of the Pro Subscription is sixty euros (EUR 60) excluding taxes per year, that is seventy-two euros (EUR 72) including taxes at the French VAT rate in force of twenty percent (20%). This price is payable in a single instalment, in advance, for each Subscription Period.

Where the Platform displays a monthly equivalent (for example "EUR 6 incl. VAT per month"), this is information on the price expressed per month. No monthly payment is offered: the only charge is the annual charge.

6.2 Taxes

Prices of the Pro Subscription are displayed including taxes, with the price excluding taxes shown alongside. For Consumers and Non-Professionals, the determining price is the price including taxes. The applicable tax is calculated on the payment page according to the Customer's country and, where applicable, VAT number: the exact amount, taxes included, is displayed there before the Order is confirmed, and that amount is the one charged and shown on the invoice.

Consumers and Non-Professionals established in the European Union, as well as Professional Customers established in France, pay VAT at the applicable rate, which at the date of this version is the French rate of twenty percent (20%). A Professional Customer established in another Member State of the European Union who enters a valid intra-community VAT number on the payment page is invoiced excluding taxes: VAT is then due by that Customer under the reverse charge mechanism, and the invoice says so. A Customer established outside the European Union is invoiced excluding taxes, without prejudice to any taxes due in their country. A Professional Customer who did not enter their VAT number upon the Order may, by writing to [email protected], have their billing information corrected for subsequent charges.

6.3 Invoice

An invoice is issued for each payment and made available to the Customer, by email and in the billing management area accessible from the dashboard. A Professional Customer ensures that the billing information they provide (company name, address, VAT number) is accurate.

6.4 Price changes

BandStream may change the price of the Pro Subscription. The new price only applies to the Customer from the Subscription Period following the current one, and provided the Customer has been informed, by email to their Account address, at least thirty (30) days before the renewal date. That notice reminds the Customer that they may refuse the new price by terminating their Subscription, free of charge, before the renewal date, in accordance with article 11. The price in force continues to apply until the end of the current Subscription Period.

Article 7: Ordering

7.1 Steps of the Order

The Order is placed online, from the Customer's Account, in the following steps:

(a) the Customer reviews the description of the Pro Subscription and its price, including and excluding taxes, on the Platform;

(b) the Customer, logged into their Account, initiates the subscription from the dashboard (Settings section, Subscription block, or any other "Upgrade to Pro" button);

(c) a summary of the Order is shown: description of the Pro Subscription, one-year term, price including and excluding taxes, tacit renewal at the price then in force and date of the first renewal. Where the Order opens a trial period, the summary also states the term of the trial period, the fact that it automatically becomes paid at its end, the date and amount including taxes of the first charge, and the conditions of the right of withdrawal. At this stage the Customer may abandon their Order;

(d) on that summary, the Customer accepts the Terms of Sale and the Terms of Use by ticking the box provided for that purpose, unticked by default. By the same box, the Customer also expressly requests that performance of the Subscription begin immediately, before the withdrawal period expires, under the conditions of article 10;

(e) the Customer is taken to Stripe's secure payment page, where they enter their payment and billing details and check the exact amount, taxes included, that will be charged and, where the Order opens a trial period, the date of the first charge;

(f) the Customer confirms the Order. The button on the summary unambiguously states that the Order entails an obligation to pay ("Commander avec obligation de paiement" in French, "Order with obligation to pay" in English or, where the Order opens a trial period, "Start the trial, with an obligation to pay after 7 days"), and the payment page restates that obligation immediately above its confirmation button (article L221-14 of the French Consumer Code).

7.2 Confirmation on a Durable medium

As soon as the Order is confirmed, BandStream sends the Customer, to the email address of their Account, an Order confirmation including: confirmation of the subscription and its date, the description and content of the Pro Subscription, the price excluding and including taxes, paid or, where the Order opens a trial period, to be charged at its end together with the date of that first charge, the term of the Subscription Period and its renewal date, a reminder of the termination procedure, a permanent link to the version of the Terms of Sale accepted, information on the right of withdrawal, its deadline and the location of the withdrawal function, the withdrawal form in Appendix 1 and a record of the express request for immediate performance. An invoice is attached or made available in accordance with article 6.3.

The contract is concluded when the Order is confirmed on the payment page, including where it opens a trial period. The Pro Subscription is activated on the Customer's Account within minutes, as soon as BandStream receives Stripe's confirmation.

7.3 Refusal of an Order

BandStream may refuse an Order for a legitimate reason, in particular: an Account that is suspended or subject to proceedings under articles 9 or 12 of the Terms of Use, a Subscription already in progress on the same Account, or serious suspicion of payment fraud. The Customer is informed and no amount is charged.

Article 8: Payment

8.1 Payment provider

Payments are processed by Stripe Payments Europe, Ltd. (hereinafter "Stripe"), a licensed payment institution, on its secure payment pages. BandStream never has access to the Customer's full card number, which is held by Stripe. The Customer authorises Stripe and BandStream to charge the price of the Subscription to the registered payment method, upon subscription and then at each renewal.

8.2 Payment methods

Payment is made by bank card (cards of the networks accepted by Stripe). The Customer may update their payment method at any time from the billing management area.

8.3 Annual charge

The price of the Subscription Period is charged in a single instalment: at the time of the Order or, where the Order opens a trial period, at the end of that period (article 5.4), then on each anniversary of that first charge in the event of renewal. The date of the next charge is permanently displayed in the Customer's dashboard.

8.4 Payment failures

If the charge fails at renewal (expired card, bank refusal, limit), BandStream informs the Customer by email and further charge attempts are made during a regularisation period of at most thirty (30) days from the due date. During that period, the features specific to the Pro Subscription are suspended: Releases beyond the Free Plan quota are taken offline, detailed statistics and pixels are disabled. The Customer may regularise at any time by updating their payment method; the payment received immediately restores the Subscription for the current Subscription Period. If no regularisation occurs by the end of the regularisation period, the Subscription ends and the Account reverts to the Free Plan in accordance with article 11.4.

For Professional Customers, any amount unpaid when due automatically bears, without formal notice, late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, together with a fixed recovery cost indemnity of forty (40) euros (articles L441-10 and D441-5 of the French Commercial Code). No penalty is owed by Consumers or Non-Professionals.

Article 9: Term and tacit renewal

9.1 Term

The Pro Subscription is taken out for a term of one (1) year from the date of the Order or, where the Order opens a trial period, from the end of that period (article 5.4).

9.2 Tacit renewal

At the end of each Subscription Period, the Subscription is tacitly renewed for a further period of one (1) year, at the price in force, unless the Customer terminates it before the renewal date in accordance with article 11, or refuses a change in price or in the Terms of Sale in accordance with articles 6.4 and 13.

9.3 Notice prior to renewal (articles L215-1 et seq. of the French Consumer Code)

BandStream informs Consumers and Non-Professionals, by email to their Account address, no earlier than three (3) months and no later than one (1) month before the renewal date, of the possibility of not renewing the Subscription, stating the renewal date, the price of the following period and how to terminate. This notice is given in clear and comprehensible terms and states, in a prominent box, the deadline for termination.

Where that notice has not been sent under those conditions, the Consumer or Non-Professional may terminate the Subscription free of charge at any time from the renewal date. Amounts paid in advance after the renewal date are in that case refunded within thirty (30) days of the termination date, less the amounts corresponding to performance of the contract up to that date.

This notice is also sent to Professional Customers as a courtesy, without its absence giving rise to the right described in the preceding paragraph.

In accordance with article L215-4 of the French Consumer Code, articles L215-1 to L215-3 and L241-3 of that code are reproduced in full in Appendix 3.

Article 10: Right of withdrawal

10.1 Beneficiaries

The right of withdrawal under articles L221-18 et seq. of the French Consumer Code benefits Consumers. As a commercial gesture, BandStream extends it to every Customer who takes out the Pro Subscription, whether a Consumer, a Non-Professional or a Professional, under the conditions of this article and without the Customer having to prove their status. This extension does not grant Non-Professionals or Professionals the other rights that the law reserves to Consumers.

10.2 Period

In accordance with article L221-18 of the French Consumer Code, the Customer has fourteen (14) days to exercise their right of withdrawal, without giving any reason and without incurring any cost. The period runs from the day the contract is concluded, that is the day the Order is confirmed, including where the Order opens a trial period (article 5.4): the first charge, which takes place at the end of the trial period, then falls within the period, which continues to run after it.

In accordance with article L221-19 of that code, the day the contract is concluded is not counted; the period starts at the beginning of the first hour of the first day and ends at the expiry of the last hour of the last day; if it expires on a Saturday, a Sunday or a public holiday, it is extended to the next working day. Days and hours are those of Paris. The deadline is stated to the Customer in the Order confirmation and in the billing settings of their Account.

10.3 Express request for immediate performance

The Pro Subscription is a digital service supplied on a continuous basis. It is not fully performed when the withdrawal period expires: the exception in article L221-28, 1° of the French Consumer Code therefore does not apply, and the right of withdrawal remains during the fourteen (14) day period even after the Subscription has been activated.

In order to benefit from the Pro Subscription without waiting for that period to expire, the Customer expressly requests, upon the Order, by ticking the box provided for that purpose, that performance of the Subscription begin immediately. Under article L221-25 of the French Consumer Code, a Customer who then exercises their right of withdrawal would in principle owe an amount corresponding to the service supplied until they communicated their decision to withdraw, calculated pro rata to the total price. BandStream waives, for the Customer's benefit, its right to claim that amount: withdrawal exercised within the period gives rise to a full refund, under the conditions of article 10.5. During the trial period, no amount is due in any event.

A Customer who has not made that express request cannot be charged for the period before their withdrawal; in practice, the Order cannot be placed on the Platform without that request, as the Platform activates the Subscription immediately.

10.4 How to exercise the right

The Customer exercises their right of withdrawal before the period expires, by one of the following means:

(a) online, using the withdrawal function labelled with the words "Withdraw from contract here", displayed prominently in the billing settings of the Account (Settings section, Subscription block) throughout the period, and to which the Order confirmation and the end-of-trial reminder link directly. This free function lets the Customer provide or confirm their name, the Subscription from which they withdraw and the email address at which they will receive the acknowledgement of receipt, then submit their statement using the confirmation function labelled with the words "Confirm withdrawal" (articles L221-21 and D221-5 of the French Consumer Code);

(b) by email to [email protected], by an unambiguous statement, using the form in Appendix 1 or otherwise;

(c) by post to BandStream SAS, 60 rue François 1er, 75008 Paris, France, by an unambiguous statement, using the form in Appendix 1 or otherwise.

BandStream sends the Customer without delay, on a Durable medium, by email to the address of their Account and in its language, an acknowledgement of receipt of their withdrawal, which restates its content (Subscription concerned, Customer's name) and the date and time it was sent online or received by BandStream. The burden of proving that the right of withdrawal was exercised lies with the Customer; sending the statement before the period expires is sufficient.

10.5 Effects

Withdrawal ends the Pro Subscription as soon as the statement is received: the Account immediately reverts to the Free Offer in accordance with article 11.4, and the Customer's data is retained under the conditions of the Privacy Policy.

(a) Exercised during the trial period, withdrawal ends it immediately, and no amount is charged, either then or later.

(b) Exercised after a charge, withdrawal gives rise to a refund of all sums paid for the Order, without any pro rata deduction for the time elapsed. The refund is initiated as soon as the statement is received and made without undue delay, at the latest within fourteen (14) days from the day BandStream is informed of the decision to withdraw (article L221-24 of the French Consumer Code), to the means of payment used for the Order, unless the Customer expressly agrees to another means and at no cost to them.

Withdrawal differs from termination under article 11: a Customer who cancels during the trial period keeps the Pro Subscription until the end of the trial, without any charge; a Customer who cancels after the first charge keeps the Subscription until the end of the current Subscription Period, without refund, unless they exercise their right of withdrawal within the period.

10.6 Termination outside the withdrawal period

After the withdrawal period, the Customer may terminate at any time under the conditions of article 11, without refund of the current Subscription Period, subject to the cases provided in articles 9.3, 12.3, 13 and 14.

Article 11: Termination by the Customer

11.1 Principle

The Customer may terminate their Pro Subscription at any time, without giving reasons and free of charge. Termination takes effect at the end of the current Subscription Period: the Customer keeps the benefit of the Subscription until that date and no further charge is made. Except in the cases provided by law or by these Terms (articles 9.3, 10, 12.3, 13, 14 and 15.3), the Subscription Period already started is not refunded, in whole or in part.

11.2 Online termination (article L215-1-1 of the French Consumer Code)

As the contract was concluded electronically, the Customer may terminate it electronically. A free, permanent feature, directly and easily accessible from the Account dashboard (Settings section, Subscription block), under an unambiguous heading such as "Cancel my subscription", allows the Customer to give notice of termination. The Customer is shown a summary (Subscription concerned, end date of the current Subscription Period, consequences under article 11.4), then confirms their decision. BandStream sends them without delay, on a Durable medium, confirmation of receipt of the termination and the date on which it takes effect.

11.3 Other means

The Customer may also terminate by email to [email protected] from their Account address, or by post to the address in article 1. Termination is recorded on the date the request is received and takes effect at the end of the current Subscription Period.

11.4 Effects of the end of the Subscription

At the end of the Subscription, for whatever reason, the Account automatically reverts to the Free Plan, with the following consequences:

(a) Artist Pages, their links and their subdomain are kept and remain online;

(b) on each Artist Page, only the first Release remains online; Releases beyond the Free Plan quota are automatically taken offline, without being deleted, and are automatically put back online upon a new subscription;

(c) pixels, tags and the Google Tag Manager container are no longer injected into public pages; their configuration is kept, inactive, and is reactivated upon a new subscription;

(d) detailed statistics are no longer accessible; total views and clicks remain available;

(e) team members already added keep their access, but no new member can be added beyond the Free Plan quota;

(f) the "Pro" badge is removed.

The Customer may at any time export their data and statistics from the dashboard, before and after the end of the Subscription. Closure of the Account itself is governed by the Terms of Use and the Privacy Policy.

Article 12: Suspension and termination by BandStream

12.1 Breach by the Customer

In the event of a breach by the Customer of the Terms of Sale or the Terms of Use, BandStream may suspend and then terminate the Subscription following the procedure provided in the Terms of Use: a reasoned warning by email, a fifteen (15) day cure period, then suspension and, failing regularisation, termination notified with reasons. The Customer has the internal appeal provided in article 12 of the Terms of Use. Manifestly abusive use of the Subscription, as defined in article 9 of the Terms of Use, falls under this procedure.

In the event of a serious breach making it impossible to maintain the contract, in particular the publication of manifestly unlawful content, a threat to the security of the Platform, payment fraud or an abusive chargeback, BandStream may immediately suspend the Subscription as a precautionary measure, the warning and cure period then being sent without delay, and terminate the contract without notice if the breach persists or is particularly serious.

12.2 Discontinuation of the service or of the Pro Subscription

BandStream may stop offering the Pro Subscription or close the Platform, subject to at least thirty (30) days' notice sent to the Customer by email. The Subscription ends on the date stated in the notice.

12.3 Refund

Where BandStream terminates the Subscription, for whatever reason, the Customer is refunded pro rata temporis for the part of the paid Subscription Period not used as of the effective date of termination, within thirty (30) days thereof, using the same payment method as the one used for the Order. This refund does not deprive BandStream of the right to seek compensation for any loss caused to it by a breach by the Customer. A period of suspension for an established breach by the Customer does not give rise to a refund.

Article 13: Amendment of the Terms of Sale

BandStream may amend the Terms of Sale. The new version is published on the Platform with its effective date. Any amendment affecting the price, the content of the Pro Subscription or the Customer's rights is notified to the Customer by email at least thirty (30) days before it takes effect, specifying the nature of the changes. Amendments only apply to the Customer from the Subscription Period following their entry into force; a Customer who refuses them may terminate their Subscription free of charge before the renewal date. Renewal of the Subscription after a new version has taken effect constitutes acceptance of that version. Amendments required by law or regulation apply as soon as they enter into force.

Article 14: Legal warranties

14.1 Legal warranty of conformity for digital content and services (Consumers and Non-Professionals)

The Pro Subscription is a digital service within the meaning of the preliminary article of the French Consumer Code. BandStream owes Consumers and Non-Professionals the legal warranty of conformity provided in articles L224-25-1 et seq. of the French Consumer Code. The service is in conformity where it matches the description given in article 5, the objective criteria expected of a service of that type and the updates necessary to keep it in conformity. As the service is supplied continuously, BandStream is liable for lack of conformity appearing throughout the period of supply.

In the event of lack of conformity, the Customer is entitled to have the service brought into conformity without undue delay, free of charge and without major inconvenience. Failing that, or where bringing it into conformity is impossible or disproportionate, they may obtain a price reduction or the termination of the contract, with a refund of the amounts corresponding to the period during which the service was not in conformity, under the conditions set out in Appendix 2. Any request in this respect is sent to [email protected].

Consumers also benefit from the legal warranty against hidden defects under articles 1641 et seq. of the French Civil Code, to the extent applicable to a digital service.

14.2 Professional Customers

Towards Professional Customers, BandStream undertakes to provide the Pro Subscription in accordance with the description in article 5, as an obligation of means, and corrects malfunctions reported to it within a reasonable time. Any other warranty, express or implied, is excluded to the extent permitted by law.

14.3 Complaints

Any complaint concerning the conformity of the service is sent to [email protected] with a description of the defect observed, the date it appeared and, where possible, screenshots. BandStream acknowledges receipt within two (2) business days and provides a substantive response within fifteen (15) days.

Article 15: Availability, maintenance and evolution of the service

15.1 Availability

BandStream endeavours to provide access to the Platform twenty-four hours a day, seven days a week. It does not guarantee uninterrupted availability: interruptions may occur for maintenance, updates, failures, security incidents or due to hosting and network providers. BandStream informs the Customer, by any appropriate means, of scheduled maintenance likely to interrupt the service for more than one hour, and endeavours to schedule it at off-peak times.

15.2 Prolonged unavailability

Total unavailability of the Platform attributable to BandStream for a continuous period exceeding seventy-two (72) hours, or a cumulative period exceeding seven (7) days within the same Subscription Period, constitutes for Consumers and Non-Professionals a lack of conformity within the meaning of article 14.1 and entitles them, on request, to a price reduction proportional to the duration of unavailability. For Professional Customers, the same unavailability entitles them, on request, to a proportional credit note, to the exclusion of any other compensation.

15.3 Evolution of the service

BandStream may develop the Platform and the Pro Subscription, at no additional cost to the Customer, for a valid reason such as improving the service, adapting it to changes in technology, in usage or in the third-party services to which the Platform is connected, security, or compliance with a legal or regulatory obligation. A change that is not necessary to maintain the conformity of the service and that has a more than minor negative impact on the Customer's access to or use of the service is notified to the Customer, clearly and comprehensibly, by email, at least thirty (30) days before it is implemented, stating the date on which it takes effect and informing the Customer of the right described below.

Consumers and Non-Professionals may, in that case, terminate the contract free of charge within thirty (30) days of receiving that information or, if later, of the implementation of the change, and obtain a refund of the price pro rata to the unused Subscription Period, in accordance with article L224-25-26 of the French Consumer Code. This right is not open to them where BandStream allows them to keep, at no additional cost, the service without the change, in conforming conditions. Professional Customers have the same right to terminate with a pro rata refund.

Article 16: Liability

16.1 Common principles

BandStream is liable for direct loss caused to the Customer by a breach of its contractual or statutory obligations. It is not liable:

(a) for content published by the Customer or by other users, for which the Customer remains solely responsible under the Terms of Use;

(b) for the operation, availability or terms of use of the third-party services to which public pages link (streaming platforms, ticketing, social networks, advertising networks), or for the decisions of those third parties;

(c) for the consequences of use of the Platform that does not comply with the Terms of Use or of incorrect configuration of pixels and tags by the Customer, in particular with regard to the regulations applicable to the Customer in their own audience measurement and advertising activities;

(d) for loss resulting from force majeure or the act of a third party.

Statistics provided by the Platform are indicative measurements, dependent on visitors' consent and on blocking tools installed on their devices; they may differ from those of other measurement tools.

16.2 Consumers and Non-Professionals

No provision of the Terms of Sale is intended to or has the effect of removing or reducing the right of Consumers or Non-Professionals to compensation for loss suffered in the event of a breach by BandStream of any of its obligations, or their rights under the legal warranties.

16.3 Professional Customers

Towards Professional Customers, BandStream is only liable for direct and foreseeable loss within the meaning of article 1231-3 of the French Civil Code, to the exclusion of any indirect loss, in particular loss of turnover, revenue, customers, audience, data or opportunity, and damage to image. BandStream's total liability towards a Professional Customer, on any ground, is limited to the amount excluding taxes actually paid by the Customer for the Subscription during the twelve (12) months preceding the event giving rise to liability. This limitation does not apply in the event of gross negligence or wilful misconduct by BandStream, personal injury, or where prohibited by law.

16.4 Backup

The Customer is invited to keep a copy of their content (images, texts, links) and to export their statistics regularly. BandStream performs regular backups of the Platform in accordance with industry practice, without guaranteeing the restoration of content deleted by the Customer themselves.

Article 17: Force majeure

Neither party may be held liable for a failure to perform its obligations caused by an event of force majeure within the meaning of article 1218 of the French Civil Code, that is an event beyond its control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures. Provided those conditions are met, the following are in particular covered: natural disasters, epidemics, armed conflicts, acts of terrorism, general strikes, widespread failures of electricity or telecommunications networks, massive cyberattacks and decisions of public authorities. The party prevented from performing informs the other as soon as possible. Obligations are suspended for the duration of the event. If it lasts more than thirty (30) days, either party may terminate the Subscription by written notice; the Customer is then refunded pro rata for the unused Subscription Period.

Article 18: Personal data

BandStream processes the Customer's personal data as data controller, for the management of the Account, the Order, invoicing, the customer relationship and compliance with its legal obligations, in accordance with Regulation (EU) 2016/679 and French Act No. 78-17 of 6 January 1978 as amended. Payment data is processed by Stripe as payment service provider. Detailed information on the processing, retention periods, recipients and the Customer's rights (access, rectification, erasure, portability, restriction, objection, post-mortem instructions) is set out in the Privacy Policy, which forms part of the contractual framework. The Customer may exercise their rights at [email protected].

For the data of visitors to public pages collected by means of the pixels, tags and containers configured by the Customer, the Customer determines the purposes of those measurements and is the data controller; BandStream provides the technical tool, makes the firing of those tools subject to visitors' consent and does not access the data collected by third-party advertising networks.

Article 19: Intellectual property

The Platform, its software, interfaces, databases, trademarks and graphic elements are the exclusive property of BandStream or its licensors. The Pro Subscription grants the Customer, for its term, a personal, non-exclusive and non-transferable right to use the Platform in accordance with the Terms of Use and the Terms of Sale. It does not entail any assignment of intellectual property rights. The Customer retains all rights in their User Content, under the conditions of article 6 of the Terms of Use, to which reference is made.

Article 20: Customer service and complaints

BandStream's customer service can be reached by email at [email protected] and via the support form in the dashboard, Monday to Friday, excluding French public holidays. Customers holding the Pro Subscription benefit from the priority support described in article 5.2.

Any complaint concerning an Order, a payment, an invoice or the performance of the Subscription is sent in writing to [email protected] or to the postal address in article 1, stating the Account email address and the subject of the complaint. BandStream acknowledges receipt within two (2) business days and responds on the merits within fifteen (15) days of receipt. In the absence of a satisfactory response within two (2) months, Consumers may refer the matter to the consumer mediator in accordance with article 21.

Article 21: Consumer mediation

In accordance with articles L611-1, L612-1 et seq. of the French Consumer Code, Consumers have the right to free recourse to a consumer mediator with a view to the amicable resolution of any contractual dispute with BandStream concerning the performance of the Terms of Sale, after first attempting to resolve the dispute directly with BandStream by a written complaint in accordance with article 20.

The consumer mediator designated by BandStream is:

• CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice)
• 49 rue de Ponthieu, 75008 Paris
• Telephone: +33 (0)1 89 47 00 14 (01 89 47 00 14 from France)
• Online referral: https://www.cm2c.net/declarer-un-litige.php
• Email: [email protected]

Consumers may refer the matter to the mediator online, on the website indicated above, by email or by post to the addresses indicated, within one (1) year of their written complaint to BandStream. The mediator cannot be seized if the prior complaint has not been made, if it was made more than one year ago, if the dispute has already been examined or is being examined by another mediator or a court, or if the request is manifestly unfounded or abusive. The mediation procedure is free of charge for Consumers, who remain free to accept or refuse the proposed solution and to bring the matter before the courts.

Consumers may also use any other alternative dispute resolution method. Please note that the European online dispute resolution platform, formerly available at ec.europa.eu/consumers/odr, was discontinued by Regulation (EU) 2024/3228 with effect from 20 July 2025 and is no longer available.

Professional Customers do not benefit from consumer mediation. The parties endeavour to resolve any dispute amicably before taking legal action.

Article 22: Governing law, jurisdiction and language

22.1 Governing law

The Terms of Sale and the contract they govern are subject to French law. A Consumer residing in another Member State of the European Union retains the benefit of the more protective mandatory provisions of the law of their country of habitual residence, in accordance with article 6 of Regulation (EC) No 593/2008 (Rome I).

22.2 Competent courts

For Consumers and Non-Professionals, any dispute not resolved amicably falls under the courts having jurisdiction under ordinary rules. Consumers may, at their option, bring proceedings before one of the courts with territorial jurisdiction under the French Code of Civil Procedure or the court of the place where they resided when the contract was concluded or when the harmful event occurred (article R631-3 of the French Consumer Code).

For Customers who contracted as merchants (commerçants), any dispute relating to the formation, interpretation, performance or termination of the Terms of Sale is subject to the exclusive jurisdiction of the Paris Economic Activities Court (Tribunal des activités économiques de Paris), notwithstanding multiple defendants or third-party claims, including for urgent or protective proceedings (article 48 of the French Code of Civil Procedure). For other Professional Customers, the ordinary rules of jurisdiction apply.

22.3 Language

The Terms of Sale are drawn up in French. An English translation is provided for the Customer's convenience; in the event of any discrepancy, only the French version is authoritative. The contract is concluded in French or in English depending on the interface language chosen by the Customer, and BandStream's communications are sent to them in that language.

Article 23: General provisions

23.1 Entire agreement

The Terms of Sale, the Terms of Use, the Privacy Policy and the Order confirmation constitute the entire agreement between BandStream and the Customer concerning the Pro Subscription. They prevail over any prior document or any purchasing terms of a Professional Customer.

23.2 Severability

If any provision of the Terms of Sale is declared void, deemed unwritten or unenforceable, the other provisions retain their force and effect. The provision concerned is replaced by a valid provision of equivalent economic effect, to the extent permitted by law.

23.3 No waiver

BandStream's failure to rely on a breach by the Customer does not constitute a waiver of its right to rely on it later.

23.4 Assignment

The Customer may not assign the Subscription or transfer it to a third party. BandStream may transfer the contract to any company succeeding it in operating the Platform, provided this does not reduce the Customer's guarantees, and upon informing the Customer.

23.5 Notices

Notices from BandStream to the Customer are validly given to the email address associated with the Account, which the Customer undertakes to keep up to date. Notices from the Customer to BandStream are sent to [email protected] or to the postal address in article 1.

23.6 Evidence

The data recorded by the Platform and by Stripe (timestamp of acceptance of the Terms of Sale, Order logs, payment confirmations, termination notices) is kept under reasonable conditions of security and is admissible as evidence between the parties, unless proven otherwise.

APPENDIX 1: Withdrawal form

(Appendix to article R221-1 of the French Consumer Code. Please complete and return this form only if you wish to withdraw from the contract.)

To BandStream SAS, 60 rue François 1er, 75008 Paris, France, [email protected]:

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

band.stream "Pro" Subscription, ordered on (*): ..........

Account email address: ..........

Name of consumer(s): ..........

Address of consumer(s): ..........

Signature of consumer(s) (only if this form is notified on paper): ..........

Date: ..........

(*) Delete as appropriate.

APPENDIX 2: Information on legal warranties (Consumers)

Reminder of Consumers' rights under articles L224-25-1 to L224-25-31 of the French Consumer Code, applicable to digital content and digital services.

Consumers benefit from the legal warranty of conformity for a digital service supplied continuously, throughout the period of supply. During that period, it is for the professional to establish that the lack of conformity did not exist at the time of supply.

The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital service.

The legal warranty of conformity entitles the consumer to have the digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.

The consumer may obtain a price reduction while keeping the digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital service, if:

1° the professional refuses to bring the digital service into conformity;

2° bringing the digital service into conformity is unjustifiably delayed;

3° bringing the digital service into conformity cannot take place without costs imposed on the consumer;

4° bringing the digital service into conformity causes major inconvenience to the consumer;

5° the non-conformity of the digital service persists despite the professional's unsuccessful attempt to bring it into conformity.

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

Where the lack of conformity is minor, which it is for the professional to demonstrate, the consumer is not entitled to terminate the contract, but retains their right to have the service brought into conformity and to a price reduction.

Any period of unavailability of the digital service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital service is supplied again in conformity.

These rights result from the application of articles L224-25-1 to L224-25-31 of the French Consumer Code.

A professional who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L242-18-1 of the French Consumer Code).

Consumers also benefit from the legal warranty against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This warranty entitles them to a price reduction if the service is kept, or to a full refund in exchange for giving up the service.

APPENDIX 3: Articles L215-1 to L215-3 and L241-3 of the French Consumer Code

(Reproduction in full required by article L215-4 of the French Consumer Code. The French text reproduced in Appendix 3 of the French version is the only authentic text; the translation below is provided for convenience.)

Article L215-1

For service contracts concluded for a fixed term with a tacit renewal clause, the service provider informs the consumer in writing, by dedicated personal letter or email, no earlier than three months and no later than one month before the end of the period during which renewal may be refused, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, given in clear and comprehensible terms, states, in a prominent box, the deadline for non-renewal.

Where this information has not been sent to the consumer in accordance with the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

Advance payments made after the last renewal date or, for contracts of indefinite duration, after the date on which the initial fixed-term contract was converted, are in that case refunded within thirty days from the termination date, less the amounts corresponding to performance of the contract up to that date.

The provisions of this article apply without prejudice to those that lawfully subject certain contracts to specific rules regarding consumer information.

By way of exception to the first paragraph of this article, for contracts for the supply of a television service within the meaning of article 2 of law no. 86-1067 of 30 September 1986 on freedom of communication and for contracts for the supply of on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time from the first renewal, where they change home or their tax household changes.

Article L215-1-1

Where a contract was concluded electronically, or was concluded by another means and the professional, on the day the consumer terminates, offers the consumer the possibility of concluding contracts electronically, termination is made possible by that means.

To that end, the professional provides the consumer with a free function allowing the notification and steps required to terminate the contract to be completed electronically. Where the consumer notifies termination of the contract, the professional confirms receipt of the notification and informs the consumer, on a durable medium and within a reasonable time, of the date on which the contract ends and of the effects of termination.

A decree sets out in particular the technical arrangements guaranteeing the identification of the consumer and easy, direct and permanent access to the function mentioned in the second paragraph, such as how it is presented and used. It determines the information to be provided by the consumer.

Article L215-2

The provisions of this chapter, with the exception of article L. 215-1-1, do not apply to operators of drinking water and sanitation services.

Article L215-3

The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.

Article L241-3

Where the professional has not made the refund under the conditions provided for in article L. 215-1, the sums due bear interest at the legal rate.