Article 1 — Purpose and definitions

1.1 Purpose

The purpose of these Terms of Service (hereinafter the "ToS") is to define the terms and conditions under which Triptic SAS (hereinafter "Triptic") makes available to users the platform accessible at https://www.triptic.io (hereinafter the "Platform"), as well as the rights and obligations of the parties in this context.

1.2 Definitions

In these ToS, the following terms have the meanings ascribed to them below:

• "Platform": refers to the website www.triptic.io and the associated mobile applications, published by Triptic SAS.
• "User": refers to any natural or legal person accessing the Platform, whether registered or not.
• "Member": refers to any User who has created an account on the Platform.
• "Traveler": refers to a Member using the Platform to search for, book or review accommodations, or to participate in the travelers' social network.
• "Host": refers to a Member using the Platform to publish short-term rental listings and manage their bookings, whether they are a private owner or a professional.
• "Organization": refers to a legal entity (concierge service, real estate agency, professional manager) using the Platform's multi-property management tools.
• "Listing": refers to the descriptive page of an accommodation published by a Host on the Platform.
• "Booking": refers to the rental request made by a Traveler and accepted by a Host through the Platform.
• "Content": refers to any text, image, photograph, review, comment or data published by a Member on the Platform.
• "Services": refers to all features offered by the Platform, including matchmaking, rental management tools (SaaS), the travelers' social network, messaging and payment processing.
• "Subscription": refers to the paid subscription to one of the SaaS plans offered by Triptic (Smart, Pro), giving access to advanced features.

Article 2 — Acceptance of the terms

Access to and use of the Platform are subject to the acceptance of and compliance with these ToS. Registration on the Platform constitutes full and complete acceptance of the ToS in force on the day of registration.

These ToS are enforceable against the User upon their acceptance during registration or, for unregistered Users, as soon as they browse the Platform.

Triptic reserves the right to modify these ToS at any time. Members will be informed of any substantial modification by email or notification on the Platform at least thirty (30) days before the entry into force of the new terms. Continued use of the Platform after this date constitutes acceptance of the modified ToS. In the event of refusal, the Member may terminate their account under the conditions provided for in Article 13.

Article 3 — Description of the Services

3.1 Matchmaking platform

Triptic is a digital platform that connects Hosts offering short-term rental accommodations with Travelers seeking temporary housing. Triptic is not a party to any rental contract concluded between a Host and a Traveler.

3.2 Rental management tools (SaaS)

Triptic offers Hosts and Organizations a set of management tools in the form of software as a service (SaaS), including in particular: management of listings and calendars, management of bookings and contacts, online payment, creation of check-in and check-out inventories, the digital welcome booklet, and synchronization with third-party platforms. Access to certain features is conditional upon the subscription to a paid Subscription, in accordance with the Terms and Conditions of Sale.

3.3 Travelers' social network

Triptic includes a social network allowing Travelers to create a traveler profile (Traveler Portrait), to discover their travel profile through a personality quiz, to measure their compatibility with other travelers, to share travel stories and recommendations, and to interact via a news feed and a messaging system.

3.4 Messaging

The Platform provides an internal messaging system enabling communication between Members. Any exchange carried out via this messaging system is subject to these ToS.

Article 4 — Legal status of Triptic

Triptic acts exclusively as a technical intermediary. Triptic is neither a real estate agent within the meaning of Law No. 70-9 of January 2, 1970 (the "Hoguet" law), nor a travel agency within the meaning of the French Tourism Code, nor a party to the rental contracts concluded between Hosts and Travelers.

The rental contract is concluded directly between the Host and the Traveler. Triptic exercises no control over the quality, safety, legality or compliance of the accommodations offered, nor over the truthfulness of the information published by Members.

Sums paid by Travelers in respect of the rental (price of the stay) transit through the payment service provider Stripe and are paid directly to Hosts. These sums never constitute revenue of Triptic, which acts neither as escrow agent nor as custodian of the funds. The tourist tax is not collected by Triptic and does not transit through the Platform (see Article 6.3 of the Terms and Conditions of Sale).

Article 5 — Registration and user account

5.1 Eligibility conditions

Registration on the Platform is reserved for natural persons aged eighteen (18) years or older and legally capable, as well as for legal entities duly represented.

5.2 Account creation

The Member undertakes to provide accurate, complete and up-to-date information upon registration and to update it without delay in the event of any change. Each natural person may hold only one personal account on the Platform.

5.3 Account security

The Member is solely responsible for the confidentiality of their login credentials and for any activity carried out from their account. In the event of unauthorized use or suspected compromise, the Member must inform Triptic immediately.

Article 6 — General obligations of Members

Every Member undertakes to:

• use the Platform in accordance with its purpose and applicable laws and regulations;
• not publish any unlawful, defamatory, discriminatory, misleading, obscene Content or Content infringing the rights of third parties;
• not use the Platform for fraudulent purposes or in a way that harms its operation or other Members;
• respect the intellectual property rights of Triptic and of third parties;
• not bypass the Platform's mechanisms to conclude transactions outside of it in order to avoid the secure payment tools made available;
• behave respectfully in all interactions with other Members, in particular through the messaging system and reviews.

Article 7 — Specific obligations of the Host

The Host undertakes to:

• hold all the rights necessary to offer the property for rental (ownership, lease authorizing subletting, management mandate, etc.);
• comply with all regulations applicable to short-term rentals, and in particular the obligation to declare to the local town hall, to obtain a registration number where applicable, to comply with urban planning and co-ownership rules, and to take out adequate insurance;
• publish accurate, complete and non-misleading Listings, faithfully reflecting the condition and characteristics of the property;
• honor any confirmed Booking, in accordance with the provisions of Article 7 of the Terms and Conditions of Sale, which prohibits cancellation by the Host except in duly justified Exceptional Circumstances;
• declare rental income received to the tax authorities, calculate, collect directly from the Traveler and remit the tourist tax to the competent local authority, in accordance with applicable regulations (see Article 6.3 of the Terms and Conditions of Sale);
• ensure the property's compliance with applicable safety and sanitation standards (smoke detector, energy performance diagnosis, etc.).

Article 8 — Specific obligations of the Traveler

The Traveler undertakes to:

• provide accurate information when making the Booking (number of occupants, dates, purpose of the stay);
• respect the rented property, its equipment and the internal rules established by the Host;
• pay the price of the stay under the conditions set out in the Terms and Conditions of Sale, as well as pay the tourist tax directly to the Host;
• report any disorder or problem to the Host as soon as possible and, where applicable, to Triptic;
• return the property in the condition in which it was handed over, subject to normal wear and tear.

Article 9 — User Content

9.1 License granted to Triptic

By publishing Content on the Platform, the Member grants Triptic a non-exclusive, worldwide, royalty-free, transferable and sublicensable license, for the legal duration of intellectual property rights protection, allowing it to use, reproduce, modify, adapt, translate, distribute and display said Content in connection with the operation and promotion of the Platform.

9.2 Liability for Content

Each Member is solely responsible for the Content they publish. Triptic does not exercise prior control over the Content but reserves the right to remove or render inaccessible any Content that is manifestly unlawful or contrary to these ToS, in accordance with applicable regulations (European Digital Services Act — DSA).

9.3 Reporting

Any Member may report Content they consider unlawful or contrary to the ToS via the reporting mechanism provided on the Platform. Triptic undertakes to handle such reports as promptly as possible.

Article 10 — Intellectual property

All elements of the Platform (trademark, logo, graphic design, source code, databases, texts, images, features) are the exclusive property of Triptic SAS or its licensors, and are protected by the provisions of the French Intellectual Property Code.

Any unauthorized reproduction, representation, modification, adaptation or exploitation, in whole or in part, of the elements of the Platform is strictly prohibited and constitutes an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.

Article 11 — Personal data

Triptic collects and processes the personal data of Users in accordance with Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and with French Law No. 78-17 of January 6, 1978, as amended, known as the "French Data Protection Act".

The terms of collection, processing and protection of personal data are described in the Privacy Policy, accessible from the Platform and constituting an annex to these ToS.

In accordance with the regulations, every User has a right of access, rectification, erasure, portability, restriction and objection regarding the processing of their data. These rights may be exercised by contacting Triptic at the address indicated in the Privacy Policy.

Article 12 — Liability and limitation

12.1 Role as host and technical intermediary

Triptic acts as a host within the meaning of the European Digital Services Act (DSA) and of French Law No. 2004-575 of June 21, 2004 on confidence in the digital economy (LCEN). As such, Triptic is not subject to any general obligation to monitor the Content published by Members.

12.2 Best-efforts obligation

Triptic undertakes to implement reasonable means to ensure the proper functioning and availability of the Platform, without however guaranteeing uninterrupted or error-free access. Triptic may carry out temporary interruptions for maintenance, updates or improvement of the Services.

12.3 Exclusions of liability

Triptic shall not be held liable for:

• the content of Listings, their accuracy or their conformity with reality;
• the contractual relations between Hosts and Travelers, including disputes, damages or losses arising from the performance or non-performance of the rental contract;
• the actions of Members, whether they are Hosts, Travelers or Organizations;
• indirect damages, including loss of profits, loss of data, loss of opportunity or moral damage;
• malfunctions or interruptions of the Platform related to a case of force majeure, to a failure of telecommunications networks or of the hosting service provider.

12.4 Liability cap

To the fullest extent permitted by applicable law, Triptic's liability, on whatever basis and for whatever damages combined (contractual, tortious or quasi-tortious), is capped at the total amount of Subscriptions actually collected by Triptic from the Member concerned during the twelve (12) months preceding the event giving rise to liability.

Expressly excluded from this cap are all sums passing through the Platform on behalf of third parties, and in particular:

• the prices of stays paid by Travelers to Hosts via the payment service provider Stripe;
• the tourist tax, which is neither collected nor processed by Triptic and falls under the sole responsibility of the Host.

These sums never constitute revenue of Triptic and do not transit through Triptic's accounts. Triptic acts merely as a technical intermediary in the processing of these financial flows via Stripe Connect.

Consequently, for any Member benefiting exclusively from the Basic plan and who has not paid any Subscription to Triptic, the indemnification cap is set at zero (0) euros.

This article does not apply in cases of willful misconduct or gross negligence on the part of Triptic, nor in cases where the law prohibits the limitation of liability.

Article 13 — Suspension and termination

13.1 Suspension by Triptic

Triptic reserves the right to suspend or restrict a Member's access to all or part of the Services, with immediate effect and without prior notice, in the event of:

• breach of these ToS or of the Terms and Conditions of Sale;
• proven or suspected fraud;
• infringement of third-party rights or harmful behavior towards the community;
• prolonged inactivity of the account (period exceeding 24 months).

The Member will be informed by email of the reasons for the suspension and may contest this decision by contacting Triptic.

13.2 Termination by the Member

Any Member may terminate their account at any time from their account settings or by contacting Triptic. Termination takes effect within a reasonable period after the request, subject to the completion of ongoing Bookings and the settlement of sums due.

13.3 Consequences of termination

Termination results in the deletion of the Member's data, subject to legal retention obligations (billing data, connection logs). The Content published by the Member may be retained in anonymized form to the extent necessary for the operation of the Platform (reviews, statistics).

Article 14 — Mediation and dispute resolution

14.1 Prior complaint

In the event of a complaint relating to the Services, the Member is invited to contact Triptic as a priority by email or via the contact form on the Platform.

14.2 Consumer mediation

In accordance with Articles L.612-1 et seq. of the French Consumer Code, in the event of a dispute not resolved amicably, the consumer Member has the right to resort free of charge to a consumer mediator. Triptic will publish the contact details of the appointed mediator on the Platform as soon as it is designated.

The consumer Member may also access the European Commission's online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr.

14.3 Applicable law and jurisdiction

These ToS are governed by French law. In the event of a dispute, and failing amicable resolution, the competent courts are those of the jurisdiction of Triptic's registered office, except where mandatory legal provisions apply to the consumer (court of the defendant's domicile or of the consumer's place of residence).