Terms of sale

Article 1. Purpose and acceptance

These general terms of sale (the “Terms”) govern the supply, by HELLOMARKUS, a French simplified joint-stock company (SAS) with a share capital of 100 euros, registered with the Trade and Companies Register (RCS) of Paris under number 104 607 551, whose registered office is at 47 rue Vivienne, 75002 Paris, France (“HelloMarkus”), of its local marketing services to its professional clients (the “Client”): the platform available at app.hellomarkus.ai, the Markus assistant, the subscription modules and the one-off services.

They apply to every order placed with HelloMarkus and, for the use of the platform, to clients who came through a partner (Article 19). The Client accepts them, having read them, by creating an account or confirming an order.

In accordance with article L441-1 of the French Commercial Code, they form the sole basis of the commercial relationship. They prevail over the Client’s purchasing terms, unless otherwise agreed in writing. They are available at any time at hellomarkus.ai/cgv, where the Client can save or print them. The applicable version is the one in force on the day of the order; for an ongoing subscription, Article 22 applies.

Article 2. Definitions

Platform

The online application app.hellomarkus.ai (the cockpit) and the public pages it serves: the audit, the loyalty cards, the prize wheel, the shared links.

Markus

The HelloMarkus assistant. It relies on artificial intelligence models to prepare and, depending on the Client’s settings, publish content.

Business

Each establishment or activity of the Client managed in the Platform. One account can manage several; each one has its own modules.

Module

A service sold individually: on a monthly subscription, or paid once (a “One-off Service”).

Content

The texts, review replies, posts, descriptions, articles, visuals, pages and designs created by Markus or by HelloMarkus for the Client.

End-customer data

The personal data of the Client’s customers and prospects that the Platform processes on the Client’s behalf: loyalty cards, prize wheel, customer file, reviews.

Partner

An agency, integrator or reseller offering HelloMarkus’s services under a partner brand, “Partner × HelloMarkus”.

Trial

The 14-day period with no charge offered for certain Modules (Article 9).

Article 3. Services reserved for professionals

The principle. The services are intended for professionals: shops, tradespeople, freelancers, liberal professions, companies and associations, acting for the purposes of their business. By placing an order, the Client declares that it is acting in that capacity.

The small professional approached off premises. When the contract is concluded off premises, for example in the Client’s shop with a Partner or a member of the team, by a professional employing no more than five people and whose purpose falls outside the scope of their main activity, that professional also has the 14-day right of withdrawal, under the conditions of article L221-3 of the French Consumer Code (form in annex 2).

Article 4. The account

The account is created with an email address and a password, a sign-in link sent by email, or a Google or LinkedIn sign-in. The Client provides accurate information and keeps it up to date.

Login details are personal and confidential. The Client is responsible for what is done from its account and for the access of the people it invites (its team, its Partner). It informs HelloMarkus without delay if it suspects any use it has not authorised.

Article 5. The free audit

The visibility audit is free, with no commitment and no payment. It shows how the business appears on Google: its profile, its reviews, its place on Google Maps around it, neighbouring businesses compared on verifiable facts, and the modules that would address what it reveals.

It relies on public data collected on a given date (Google, data providers) and on estimates. Its figures are dated and indicative; amounts in euros are ranges whose assumptions are shown, never a promise of results.

To receive the details of their audit, the person leaves their first name, email and phone number. The box authorising HelloMarkus (or the Partner of the link) to call them back is optional and is never ticked in advance. This data is processed according to the privacy policy. HelloMarkus may offer to run the audit again for free later on; every message allows the person to stop receiving anything.

Article 6. Modules and services

The description. Each Module is described on the Pricing page of the website and in the purchase window of the Platform: what it does, what is needed first, its price and any trial. These descriptions form part of the contract.

Monthly subscriptions, for example: Google posts, Rank tracking, Articles, Review management and Tracked bookings.

Services paid once: Google profile, done right, Photo pack, QR kit for reviews and bookings, Tracked web page and Full website, as well as one-off services offered on quote, such as launching a business that does not yet have a Google profile.

On quote: Customer listening across locations, Local advertising and Managed service. The accepted quote specifies the content, price and timescales; on those points it prevails over these Terms.

“Coming soon” modules are shown for information and are not sold. “Notify me” commits no one.

Prerequisites. Some Modules require another Module or a condition: access to the Google profile (Article 14), a web page for articles. The purchase window says so before payment.

One-off services. A One-off Service is performed within the timescale shown in the purchase window or, failing that, within a reasonable time after payment and receipt of what HelloMarkus needs (an access, photos, a piece of information). The Client reports any defect within 8 days of delivery; HelloMarkus corrects it.

Changes. HelloMarkus continuously improves the Platform and may change a Module, without removing what makes it essential. If a paid Module is discontinued, the Client is notified at least 30 days in advance and refunded for the paid period not used.

Article 7. Ordering

The Client orders from the Platform: it chooses a Module, reads the purchase window (description, prerequisites, price, trial), then goes through Stripe’s secure payment page. The contract is formed when the payment is confirmed or, for a Trial, when the Trial starts. HelloMarkus confirms the order by email; the receipt and the invoice remain available in the payment area.

For a Module on quote, the contract is formed by written acceptance of the quote. For a client who came through a Partner, Article 19 applies.

Article 8. Prices

Prices are stated in euros and exclude tax (HT). VAT at the applicable rate, currently 20%, is added and shown on every invoice.

The applicable prices are those displayed at the time of the order, on the Pricing page and in the Platform, for example Google profile, done right: €199 excl. VAT one-off; Google posts: €49 excl. VAT a month. An offer shown in the purchase window (an additional module at a reduced price, for example) is valid only for the order concerned.

HelloMarkus may change the price of a subscription. It notifies the Client by email at least 30 days in advance; the new price applies to the monthly period following that notice. A Client who refuses it cancels beforehand, in one click, at no cost. The price of a One-off Service is the one on the day of the order.

Article 9. The 14-day trial

Some Modules can be tried for 14 days: currently Rank tracking, Review management, Wallet loyalty card and Prize wheel. The purchase window shows “Try for 14 days” when a trial is available.

• The card is asked for at the start, on Stripe’s payment page. Nothing is charged during the Trial; the bank may only ask to confirm that the card has been registered.
• One Trial per Module and per Business, once only, and no more than three Trials at the same time for a Business. If two orders placed at the same time exceed these limits, the second is treated as a direct purchase: its first month is charged straight away.
• A reminder by email 3 days before the end, with the date and the price that follows.
• Stop in one click: in Settings, Billing, before the end of the Trial. Nothing is charged and the Module stops at the end of the Trial.
• If you don’t stop, the subscription continues at the normal price, with no contract: the first month is charged at the end of the Trial, then every month.

One-off Services paid once have no Trial.

Article 10. Term, renewal and termination

Subscriptions are monthly and have no minimum term. They renew every month, on the anniversary date of the first payment or of the end of the Trial, until cancelled.

Cancellation by the Client can be done at any time, in one click, in Settings, Billing (Stripe’s secure payment area), or by email to contact@hellomarkus.ai. It takes effect at the end of the month already paid: the Module stays active until then, and the month started is not refunded.

A One-off Service is not a subscription. As long as HelloMarkus has not started it, the Client can cancel it by email and be refunded in full; once started, it is due.

Termination by HelloMarkus. In the event of a serious breach by the Client (non-payment, use contrary to the law or to Article 14), HelloMarkus may terminate after a formal notice by email that has remained without effect for 15 days, and without notice in the event of fraud, fake reviews or unlawful content. HelloMarkus may also end a subscription by notifying the Client at least 30 days in advance; the paid period not used is then refunded.

At the end of a Module, Markus stops acting for it. Content already published stays in place: it belongs to the Client. Up to 3 months after the end of its last subscription, the Client may request an export of its end-customer data in a common format; that data is then deleted as provided in annex 1. The account stays open as long as the Client does not ask for it to be deleted.

Article 11. Payment and late payment

Payment goes through Stripe, a PCI DSS certified payment provider: HelloMarkus never receives the full card number. The Client pays by payment card or by any other means offered on the payment page.

Subscriptions are paid in advance, every month, by automatic charge to the registered card; One-off Services, when ordered. Invoices are issued electronically, sent by email and available in the payment area. An invoice issued on a quote is payable within 30 days of its date, unless otherwise stated on the invoice. No discount is granted for early payment.

If a charge fails, Stripe retries it automatically and the Client is notified by email to update its card; Article 12 then applies.

Article 12. Suspension

After informing the Client by email, HelloMarkus may suspend all or part of the access to the Platform:

• in the event of non-payment, 15 days after a reminder that has remained without effect;
• in the event of use contrary to the law or to Article 14 (fake reviews, unlawful content), without notice if urgency requires;
• to protect the security of the Platform or of the data (an attack, a compromised account), for as long as necessary.

Suspension does not cancel the sums due. Access returns as soon as its cause has gone. Maintenance operations are announced when possible and carried out at off-peak times.

Article 13. HelloMarkus’s commitments

• To provide the Modules ordered with care and in accordance with good practice, under an obligation of means.
• To make the Platform available every day, at any time, except for maintenance, a provider outage or force majeure, without guaranteeing uninterrupted availability.
• To show what Markus does: what is done, what is in progress, what awaits the Client’s approval, and the measured evidence.
• To respect the platforms’ rules: never fake or purchased reviews, never a gift in exchange for a Google review (the prize wheel is never tied to a review).
• To protect the data (Article 20 and annex 1).
• To answer the Client by email (contact@hellomarkus.ai) or by phone (+33 7 69 46 84 47), as quickly as possible.

Article 14. The Client’s commitments

Accurate information. The Client provides accurate information about its business (opening hours, offers, prices, photos) and keeps it up to date: Markus uses it to write in its name.

Access to the Google profile. The Client must be the owner or an authorised manager of its Google Business Profile. For Modules that act on it (the profile, review replies, posts), it gives HelloMarkus manager access, by accepting the access request Google sends it, and keeps that access for the duration of the contract. Without this access, Markus prepares what it can but publishes nothing; the price of the Module remains due, and the Client can stop it at any time (Article 10). HelloMarkus uses this access only for the services ordered: it never becomes the owner of the profile and never removes the Client’s access. The Client can remove HelloMarkus’s access at any time from Google; the actions that depend on it then stop.

Other accounts. The Client can connect its social accounts or website through authorisations it can withdraw at any time.

Rules to follow. The Client complies with the law (consumer law, price display, data protection) and with the platforms’ rules (Google, Apple, social networks). It refrains from fake reviews, purchasing reviews, offering anything in return for a review and soliciting only satisfied customers.

The prize wheel. The Client runs the game offered to its customers: it sets the prizes, accepts the displayed rules, hands over the winnings and ensures that the game remains fair and lawful. The game is never tied to a review.

Materials provided. The Client guarantees that it has the right to use the logos, photos and texts it provides, and that publishing them infringes nobody’s rights.

Its customers’ data. The Client is the controller of its end customers’ data: it informs them, obtains their consent before sending them offers and answers their requests (annex 1).

Article 15. AI and content approval

What the AI does. Markus relies on artificial intelligence models from specialised providers (named in the privacy policy) to analyse the audit and write review replies, posts, descriptions, articles and visuals.

The Client chooses the level. For each Module where Markus can publish, the Client chooses in the Platform: Markus suggests and the Client approves with one tap (the default setting); or Markus publishes on its own, within the limits the Client has chosen (for example replies to 5-star reviews); or the Client writes itself. It can change level whenever it wants. Content awaiting approval is not published.

AI can make mistakes. HelloMarkus frames Markus (a method, the Client’s tone, no invented facts or promotions) and checks quality, but content produced by an AI may contain an error. The Client rereads what it approves. What Markus publishes on its own, at the level chosen by the Client, remains visible in the Platform: the Client can correct or remove it at any time, and reports any error to HelloMarkus, which corrects it without delay. Content is published in the Client’s name, the Client remaining its publisher, subject to HelloMarkus’s liability for its own faults (Article 17).

Transparency. When Markus interacts directly with the Client’s customers, it says that it is an AI assistant, as required by article 50 of the European regulation on artificial intelligence (Regulation (EU) 2024/1689).

Article 16. Intellectual property

What remains with HelloMarkus. The Platform, its software, Markus (its name, its character and its poses), the HelloMarkus brand, its logos, methods, templates and documents remain the exclusive property of HelloMarkus. The Client receives a personal, non-exclusive and non-transferable right to use the Platform for its business, for the duration of the contract. It refrains from copying it, reselling it, extracting its content on a large scale or reconstructing its code.

What Markus creates for the Client belongs to the Client. As payment is made, HelloMarkus assigns to the Client, insofar as such rights exist, the rights of reproduction, representation and adaptation of the Content created specifically for it, on any medium, worldwide, for the legal duration of the rights, for the needs of its business and its communication. The Client keeps and reuses them after the end of the contract. Templates, methods and elements common to several clients remain with HelloMarkus, which may also reuse its know-how.

The Client’s materials. The Client keeps its rights to its brand, logo, photos and texts. It authorises HelloMarkus to use them, free of charge and for the duration of the contract, in order to provide the services, including publishing them on its profile and social accounts.

References. HelloMarkus only names the Client as a reference (name, logo, results) with its written consent.

Article 17. Liability

An obligation of means. Results depend on factors HelloMarkus does not control: Google’s choices, competition, the business’s offer and welcome, the reviews left by its customers. HelloMarkus guarantees neither a ranking, nor a number of reviews, nor a rating, nor a turnover. The figures of the audit and of the proof are measurements and estimates, not commitments.

What HelloMarkus is not liable for: the decisions of third-party platforms (suspension of a profile, removal of a review or post, change of algorithm or access conditions); outages of the Internet or of providers it does not control; Content approved or provided by the Client; use contrary to these Terms; indirect damage, such as loss of turnover, customers or image.

The Client is liable for the information and materials it provides and for the use of its account. Between professionals, any liability action is time-barred one year from the day the claimant knew or should have known the facts (article 2254 of the French Civil Code).

Article 18. Force majeure

Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the French Civil Code. The party prevented informs the other without delay; the obligations concerned are suspended. If the impediment lasts more than 30 days, either party may terminate the subscription concerned without compensation, and the paid period not used is refunded.

Article 19. Partners

A partner brand. HelloMarkus also offers its services through Partners (agencies, integrators, resellers), under a partner brand “Partner × HelloMarkus”. The HelloMarkus name remains visible: the client always knows who provides the service.

Who bills. For a client who came through a Partner, when the Partner chooses and pays for its Modules, the commercial terms (prices, billing, payment, term, cancellation of Modules) are those agreed between the client and its Partner, who bills it. Articles 6 to 12 then apply only between HelloMarkus and the Partner, under their own contract. The other articles (account, AI, property, liability, data, confidentiality) apply between the client and HelloMarkus for the use of the Platform. If the Partner stops paying or if its contract ends, HelloMarkus informs the client and offers to continue directly, at public prices.

What the Partner sees. In its space, the Partner sees what it needs to follow its clients (modules, results, what requires action) and the audits of the people who came through its link, whom it may contact again. The Partner is an independent professional: it is neither the agent nor the representative of HelloMarkus, and its commitments that do not appear in these Terms do not bind HelloMarkus.

Article 20. Personal data

HelloMarkus is the controller of the data of the Client and its users (account, billing, support, prospecting), under the conditions of the privacy policy.

For the data of the Client’s end customers, HelloMarkus acts as a processor, on the Client’s instructions: the data processing agreement in annex 1, compliant with article 28 of the General Data Protection Regulation (GDPR), forms part of these Terms.

Article 21. Confidentiality

Each party keeps confidential the non-public information received from the other (specific terms, technical information, data, commercial information), during the contract and for two years afterwards, unless it has become public through no fault of its own, it already knew it, or the law or a court requires it to be disclosed.

Article 22. Changes to the terms

HelloMarkus may change these Terms. The new version is published on this page with its date. For an ongoing subscription, the Client is notified by email at least 30 days before a change that concerns it takes effect; it may cancel beforehand, in one click and at no cost. After that date, continuing the subscription constitutes acceptance.

Article 23. Miscellaneous

• The contract consists of these Terms, their annexes and, as the case may be, the purchase window or the accepted quote.
• A void clause does not void the others. Not relying on a clause does not mean waiving the right to rely on it later.
• Assignment. HelloMarkus may transfer the contract to a company that takes over its business, after informing the Client. The Client may transfer it to the buyer of its business, after informing HelloMarkus.
• Evidence. Electronic records (payments, Platform logs, acceptances, emails), kept by HelloMarkus and its providers under reasonable security conditions, are binding between the parties.
• Communications are by email: to the account address for the Client, to contact@hellomarkus.ai for HelloMarkus (HELLOMARKUS, 47 rue Vivienne, 75002 Paris, France).
• The language of the contract is French.

Article 24. Governing law and disputes

These Terms are governed by French law. In the event of a disagreement, the Client first writes to contact@hellomarkus.ai: the parties seek an amicable solution for 30 days before taking any action.

In other cases, the competent court is determined according to the ordinary rules of law.

Annex 1. The data processing agreement

This annex, compliant with article 28 of the GDPR, forms part of the Terms. For the data of its end customers, the Client is the controller; HelloMarkus is its processor.

1. The processing entrusted

The processing lasts for the duration of the contract. No sensitive data (health, opinions, religion…) is requested; the Client does not enter any. A Module launched later (messages to customers, orders, phone answering) is added to this table before it opens.

2. HelloMarkus’s commitments

• Instructions. HelloMarkus processes this data only on the Client’s documented instructions: these Terms and the settings it chooses in the Platform. It informs the Client if an instruction seems to it to be contrary to the law. It does not use this data for its own purposes, does not sell it and does not disclose it to another client.
• Confidentiality. The people authorised to process it are bound by confidentiality.
• Security (article 32 of the GDPR): hosting in the European Union, encryption of exchanges (HTTPS) and of stored data, separation of each business’s data in the database (access rules per business), team access limited and logged, backups.
• Sub-processors. The Client authorises HelloMarkus to use the sub-processors listed in the privacy policy. HelloMarkus notifies it by email at least 15 days before adding or replacing one; the Client may object on legitimate grounds and, failing a solution, cancel the Modules concerned. HelloMarkus imposes the same data protection obligations on each of them and is responsible for them.
• People’s rights. HelloMarkus helps the Client answer its customers’ requests (access, erasure, objection) and forwards to it without delay those it receives. Every card carries a link to stop receiving messages.
• Data breaches. HelloMarkus informs the Client as soon as possible and no later than 48 hours after becoming aware of it, with the relevant information, so that it can notify the CNIL within 72 hours. It also helps with an impact assessment if one is needed.
• End of the contract. At the Client’s choice, HelloMarkus returns this data to it in a common format, then deletes it no later than 3 months after the end of the last subscription, unless there is a legal obligation to keep it.
• Audit. HelloMarkus keeps the record of its processing activities as a processor and makes available to the Client the information proving compliance with these obligations. The Client may have an audit carried out once a year, at its own expense, by an independent auditor bound by confidentiality, giving 30 days’ notice, without access to other clients’ data.
• Transfers outside the European Union only take place with a safeguard provided for by the GDPR (adequacy decision, EU-US Data Privacy Framework, standard contractual clauses of the European Commission).

3. The Client’s commitments

The Client ensures it has a legal basis for each processing operation, informs its customers (who processes their data, why, for how long, their rights), obtains their consent before sending them offers, and answers their requests. It documents any specific instruction in writing.

Annex 2. The withdrawal form

To be completed and returned only if you wish to withdraw from the contract, in the cases provided for in Article 3.