General conditions

Terms and Conditions of Sale and Use of Services of the company TANKYOU Applicable from July 10, 2022

"TANKYOU" refers to the simplified joint-stock company "TANKYOU," with a share capital of 34,659 euros, having its registered office at 36 rue de Ponthieu, 75008 PARIS, registered with the Paris Trade and Companies Register under number 820 854 370.

"Application" refers to a downloadable program developed to be installed on mobile devices and executable from a mobile terminal's operating system, such as a smartphone or tablet.

"Client" refers to any individual or legal entity wishing to acquire, as a consumer, the Services marketed by TANKYOU or its Partners.

"Order" refers to the order form sent by TANKYOU summarizing the Client's requests.

"Client Account" refers to the strictly personal space created by TANKYOU on the Site or the Application, also referred to as the "Dashboard."

"Conditions" refers to these general terms and conditions of sale of Services.

"Specific Conditions" has the meaning referred to in Article 2 below.

"Contract" has the meaning referred to in Article 2 below.

"Decision Maker" refers to the person authorized by the Client to place or modify an order with TANKYOU on behalf of the Client.

"Data" refers to any compilation of data collected by TANKYOU as part of providing the Services.

"Onboarding" refers to the email sent by TANKYOU to the Client following the creation of their Client Account.

"Delivery" refers to the delivery of fuel, electric charging, or maintenance service by TANKYOU in accordance with Orders placed by Clients.

"Services" refers to the services marketed by TANKYOU and subject to an Order by a Client, including fuel delivery, electric charging, or maintenance services at locations specified by the Client.

"Site" refers to the TANKYOU website: www.tankyou.com.

"Solution" refers to the interface, including the Site and the Application, developed by TANKYOU and made available to Clients as part of the Service delivery.

2.1 These Conditions apply to any purchase of a Service and are concluded between TANKYOU on the one hand, and any individual or professional Client on the other hand, wishing to purchase a Service. The list of Services is available on the Application and the Site. The Services are available exclusively in mainland France, under certain conditions, and in the list of municipalities listed in the dedicated tab on the Site and the Application.

2.2 The Conditions aim to define the contractual relationship between TANKYOU and the Client and prevail over any general or specific purchase conditions, unless there is a prior written and express exception. The Conditions are accessible on the Site and will be applicable from their online publication. The constitutive documents of the contract concluded between TANKYOU and the Client are these Conditions and the specific conditions concluded between the parties and listed in the Order (hereinafter the "Specific Conditions"). The Contract thus constituted expresses the entirety of the agreement between the parties and replaces any other prior documents issued by the parties. In the event of a contradiction between the Conditions and the Specific Conditions, the latter shall prevail over the Conditions.

2.3 Any Order implies full and unconditional acceptance of these Conditions by the Client. The Client agrees to read and accept the Conditions before placing an Order. The Client thus acknowledges having read and understood these Conditions.

2.4 The fact that TANKYOU does not invoke any of the clauses in the Conditions at a given time cannot be interpreted as a waiver of invoking any of the said Conditions at a later time.

2.5 TANKYOU reserves the right to modify these Conditions at any time. The applicable Conditions are those in force at the date of the Order placed by the Client.

3.1 The Client acknowledges having been provided, prior to placing and accepting the Order, with these Terms and all the information listed in Article L. 221-5 of the Consumer Code.

3.2 The following information is communicated to the Client in a clear and understandable manner in their Client Area:

• The essential characteristics of the Service;
• The price of the Service or, if not available, the method of calculating the price of the Service;
• Transportation and Delivery costs;
• Information regarding the identity of TANKYOU, its postal, telephone, and electronic contact details, information about its activities, legal guarantees, and the functionalities of the digital content on the Site and the Application;
• The existence and the terms of exercising the legal guarantee of conformity provided for in Articles L. 217-1 and following of the Consumer Code;
• The existence and the terms of exercising the warranty against hidden defects provided for in Articles 1641 and following of the Civil Code;
• The name and address of the authority that issued the authorization necessary for the activity, if applicable;
• The cities in which the Service is offered.

3.1 The Client acknowledges having received, prior to placing and accepting their Order, these Conditions and all the information listed in Article L. 221-5 of the Consumer Code.

3.2 The following information is provided to the Client clearly and comprehensibly in their Client Space:

• The essential characteristics of the Service;
• The price of the Service or, failing that, the method of calculating the price of the Service;
• Transportation and Delivery costs;
• Information related to the identity of TANKYOU, its postal, telephone, and electronic contact details, information about its activities, its legal guarantees, the functionalities of the digital content on the Site and the Application;
• The existence and terms of the legal guarantee of conformity provided for in Articles L. 217-1 and following of the Consumer Code;
• The existence and terms of the guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code;
• The name and address of the authority that granted, if applicable, the necessary authorization for the exercise of the activity;
• The cities in which the Service is offered.

5.1 An Order can be placed via the Site, the application, the hotline, by SMS, by email, or through any instant messaging system and must include:

• The Delivery address, specifying that the postal code of the Delivery city must be among the cities served by TANKYOU;
• The details and access conditions for the Delivery address;
• One or more contacts available on-site at the desired Delivery times, including their identities and phone numbers;
• The choice of Service;
• The estimated total volume of fuel desired, which must be among the fuels actually offered by TANKYOU;
• The date of Service execution;
• The desired time;
• Information about the vehicle(s): color, make, license plate.

The Client has the option to designate a Decision Maker, who will be the only one able to place Orders with TANKYOU and modify said Orders upon written request.

5.2 Upon receipt of this information, TANKYOU automatically generates an Order confirmation, sent to the Client by email to the address provided during registration on the Site, which is also made available in the Client Account.

This Order confirmation includes:

• A presentation of the Service;
• The prices of each Service (excluding taxes and the amount of service fees);
• The total amount excluding taxes and/or including taxes of the Order;
• The place of Service execution;
• The date of Service execution;
• Payment information.

All these elements constitute the Specific Conditions of the Order.

5.3 The sale of the Service will be considered final after the Client receives the confirmation of acceptance of the Specific Conditions from TANKYOU by email.

5.4 If the Order is not accepted within seventy-two (72) hours, TANKYOU reserves the right not to execute the Service.

Any Order accepted by the Client is irrevocable upon receipt by TANKYOU, unless canceled or modified in writing and accepted by TANKYOU. Any condition deviating from the stipulations of these Conditions (such as special warranty, penalty for late execution of Services, specific payment method, etc.) must be formulated by the Client at the time of Order acceptance and must be accepted by TANKYOU.

5.5 The benefit of the Order is personal to the Client and cannot be transferred without the agreement of TANKYOU. TANKYOU reserves the right to refuse a request for a Delivery of less than ten liters.

An Order can be canceled at any time up to twenty-four (24) working hours before Delivery. In such a case, the Client will be fully refunded. Otherwise, a penalty equivalent to the service fees will be retained and fully collected by TANKYOU, amounting to €70 excluding taxes.

After payment of the price, TANKYOU sends an invoice to the Client by email or makes it available in their Client Area.

The computerized records, stored in TANKYOU's computer systems under reasonable security conditions, will be considered proof of communications, Orders, and payments between TANKYOU and the Client. The archiving of Orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

The contract relating to the provision of Services has a duration specified in the Specific Terms, depending on the Service chosen by the Client. The contract may, if applicable, be subject to automatic renewal for a duration identical to the initial term, such renewal requiring the signing of new Specific Terms.

Each party reserves the right to terminate the contract relating to the provision of a Service at any time in the event of the other party's failure to fulfill any of its obligations under the contract, without prejudice to any damages that may be claimed from the defaulting party. For this purpose, the contract will terminate ten (10) days after the requesting party sends a registered letter with acknowledgment of receipt stating the reason for termination, provided that the defaulting party has not remedied the situation within the ten (10) day period.

An estimated price is communicated to the Client at the time they place their Order. However, the Client expressly acknowledges the indicative nature of such a price, as it depends on factors including the quantity of fuel actually delivered and the price per liter of fuel on the day of Delivery.

The prices of the Services are those specified in the Specific Terms. These prices are in euros and include all taxes. They do not include additional service fees, which are billed separately and specified before Order validation, in the commercial proposal sent to the email address provided by the Client during registration. Payment of the total price must be made after acceptance of the Order.

TANKYOU does not charge a fee for access to the parking zone of the vehicle concerned by the Service. However, if there are additional costs incurred by TANKYOU (such as payment for private parking, access to a market, etc.) during the execution of the Service, these additional costs will be invoiced to the Client.

To settle their Order, the Client may choose from all the payment methods specified in the Specific Terms. The Client guarantees to TANKYOU that they have any necessary authorizations to use the payment method specified in the Specific Terms. TANKYOU reserves the right to suspend any Order management and Delivery in case of refusal of payment authorization by credit card issuers. TANKYOU also reserves the right to refuse or cancel any Order from a Client with whom there is a dispute regarding the payment of a previous Order, without the Client being entitled to any compensation.

In the event of payment rejection by direct debit, a fee of 15€ excluding taxes will be charged to the Client. TANKYOU reserves the right to request a security deposit from the Client, corresponding to the estimated amount of services ordered by the Client over a specified period, and the amount of which will be determined by mutual agreement with the Client.

The Services ordered by the Client will be performed within the agreed-upon timeframe as specified in the Specific Terms. The timeframe begins upon acceptance of the Order by the Client.

TANKYOU performs its Services twenty-four hours a day, Monday through Saturday. The Delivery location and schedule are indicated in the Specific Terms and are confirmed by the Client who logs into their Client Account no later than twenty-four (24) hours before the Delivery date.

The Service is carried out by a TANKYOU driver. TANKYOU cannot be held responsible for Delivery delays due to traffic conditions or delays beyond TANKYOU's control.

Additionally, the Client agrees to provide TANKYOU with all necessary means to access the Delivery location and to safely carry out the Delivery. To this end, the Client undertakes to specify all access details (such as codes, directions, parking instructions) necessary for the driver to reach the exact Delivery location. The Client also agrees to promptly inform TANKYOU of any changes regarding site access or vehicle fleet.

The Client certifies that the Delivery location meets all accessibility and security requirements, and that TANKYOU is authorized to proceed with the Delivery at that location. Accordingly, the Client indemnifies TANKYOU against any claims made by third parties.

TANKYOU cannot be held responsible for Delivery delays caused by incorrect, missing, or inaccurate information that prevents the Delivery from being completed within the specified timeframe in the Specific Terms.

At the time of Order, the Client also agrees to accurately describe the location where the vehicles to be serviced are parked. The Client ensures that all vehicles are parked in designated areas and that their fuel tank caps are accessible to TANKYOU at the scheduled Delivery time.

Furthermore, the Client commits to providing TANKYOU with the identity and contact number of a responsible individual who will be present at the time of Delivery. This person will be solely responsible for managing the keys to the vehicles being serviced and their movement.

TANKYOU personnel are not authorized to accept keys for the vehicles, either for Delivery purposes or for vehicle movement, and TANKYOU cannot be held liable in this regard.

For the Client's information, TANKYOU offers to report any observed defects on the vehicles during the Delivery (such as missing fuel caps or liquid spillage), without assuming liability for such issues.

If the fuel tank caps of the vehicle scheduled for Delivery are not visible or accessible to TANKYOU at the scheduled time, the Client's Order will be considered canceled, resulting in cancellation fees as outlined in Article 5.

If the Delivery location provided by the Client is inaccessible, TANKYOU will contact the designated individual provided by the Client. If TANKYOU cannot reach this person, the Order will be considered canceled due to force majeure as defined in Article 13.

It is also noted that TANKYOU personnel are free to leave the Delivery location once the scheduled Delivery timeframe has elapsed.

Following each Delivery, a delivery note is sent to the Client's email address provided during the Order. Acceptance of Delivery implies that the Client verifies the nature, quantity, and volume of the goods delivered.

Any claim regarding the quantity of delivered products or any defect in the product during Delivery must be raised within a maximum of 48 hours from the Client's receipt of the delivery note via email. Failure to contest within this period will constitute acceptance of the Delivery as having been properly executed by TANKYOU.

In cases where the delivered volume exceeds the initially ordered volume, the price will be adjusted to reflect the actual delivered volume, taking into account any corresponding rate adjustments.

In cases where the delivered volume is less than the initially ordered volume, the price will be adjusted to reflect the actual delivered volume, taking into account any corresponding rate adjustments.

Due to the nature of the Services provided and the mode of Delivery, and in derogation from Article L. 221-18 of the Consumer Code, the right of withdrawal within fourteen (14) days cannot be exercised for the sale.

Any circumstances beyond the parties' control that prevent the normal execution of their obligations are considered grounds for exemption from their obligations and lead to their suspension. The party invoking such circumstances must immediately notify the other party of their occurrence and cessation.

Force majeure events include irresistible and unforeseeable circumstances external to the parties, independent of their will, and cannot be prevented despite reasonable efforts. Expressly included as force majeure events, in addition to those commonly recognized by French jurisprudence, are: (i) transportation or supply chain blockages, (ii) earthquakes, fires, storms, floods, lightning, (iii) telecommunications network interruptions or difficulties external to clients.

The parties will collaborate to assess the impact of the event and agree on the conditions under which the Contract will continue to be executed. If the force majeure event persists for more than three months, the present Terms may be terminated by the affected party.

TANKYOU is expressly bound by an obligation of means in the execution of its services. TANKYOU assumes no liability for financial or commercial damages resulting from a breach of its obligations, including (but not limited to) loss of earnings, damage to reputation, loss of profit, loss of clientele, or anticipated savings, nor for any other indirect damages of any kind.

Subject to the foregoing provisions, if TANKYOU's monetary liability were to be established under the Contract, it would be strictly limited to the amount actually received by TANKYOU for the relevant Services.

15.1 Ownership of Trademarks and Technical Documents

The "TANKYOU" trademark is and shall remain the exclusive property of TANKYOU. Any total or partial reproduction, modification, or use of these trademarks, as well as illustrations, images, and logos related thereto, for any reason and on any medium, without the express prior consent of TANKYOU, is strictly prohibited.

All technical documents provided directly to the Client or through the Application or Website remain the exclusive property of TANKYOU, the sole owner of the intellectual property rights to these documents. They must be returned to TANKYOU upon request.

The Client undertakes not to use these documents in any way that may infringe upon TANKYOU's industrial or intellectual property rights, and agrees not to disclose them to any third party without TANKYOU's express consent.

15.2 Ownership of Techniques, Methods, and Software

TANKYOU retains exclusive ownership of the techniques, methods, know-how, tools, materials, and software that it has developed and/or made available to the Client in the course of performing the Services.

15.3 Authorization for Use of Name, Logo, and Data

The Client explicitly authorizes TANKYOU to use its name, logo, and brand image for communication purposes on the Website. For the purpose of performing the Services, the Client also authorizes TANKYOU to retain data collected concerning the consumption, brand, and license plates of vehicles on which Deliveries are carried out.

16.1 Ownership of Personal Data

The data collected and/or processed on behalf of the Client in the provision of Services are the exclusive property of the Client. TANKYOU, as the data controller responsible for the personal data provided by Clients, undertakes to strictly comply with the provisions of Law No. 78-17 of January 6, 1978 and Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as any other applicable regulations in this regard that may supplement or replace them in the future.

16.2 Use of Personal Data

Personal data is intended for TANKYOU, its affiliated entities, and its partners and subcontractors. The data is used solely for the purpose of processing, payment, and delivery of Orders and Services to the Client, for which it is necessary.

The information collected may be transferred, stored, and processed in any country or territory where TANKYOU, its affiliated entities, partners, or subcontractors are located, provided that these countries are within the European Union. If this is not the case, appropriate safeguards as per Article 46 and subsequent of the aforementioned European Regulation will be implemented.

TANKYOU strictly requires its affiliated entities, partners, and subcontractors to use Client personal data only for managing the entrusted services. These providers are also required to consistently comply with applicable laws and regulations regarding the protection of personal data and to pay particular attention to the confidentiality and security of this data.

TANKYOU may also use Client data for its legitimate interests in commercial development, technical improvement of its systems, and understanding its Clients.

Finally, Client personal data may be disclosed in accordance with a law, regulation, decision of a regulatory or judicial authority, or as necessary for TANKYOU to preserve its rights and interests.

TANKYOU undertakes to implement and enforce security measures it deems necessary to ensure the confidentiality of the data collected during its processing.

Client personal data is retained for a period of 3 years from the receipt of the Order placed by the Client. This data is kept for commercial purposes as well as for evidence and accounting obligations.

Throughout the retention period of Client personal data, archiving is carried out on a reliable and durable medium to ensure faithful and lasting copies.

The Client has rights of access, rectification, erasure of personal data concerning them, as well as the right to restrict processing and data portability. The Client also has the right to object, on legitimate grounds, to the processing of their personal data, including objections to processing for marketing purposes.

The Client may exercise these rights at any time by contacting customer service:

• By postal mail: Customer Service TANKYOU, 128 rue La Boétie, 75008 PARIS, France;
• By email: hello@tankyou.com

Any request made by postal mail must be signed and accompanied by a copy of an identity document bearing the signature of the requester and specify the address to which the response should be sent. A response will be sent to the Client within two months of receiving the request.

Finally, the Client has the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés) at the following address: 3, Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07, France.

If one or more provisions of these Conditions are held to be invalid or declared as such under any law, regulation, or as a result of a final decision by a competent court, the other provisions shall remain in full force and effect.

These Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

These Conditions are subject to the application of French law. In the event of a dispute or claim, the Client will first contact TANKYOU to seek an amicable solution.

If an amicable solution cannot be reached, all disputes arising from the purchase and sale transactions concluded under these Conditions, including their validity, interpretation, execution, termination, consequences, and aftermath, which could not be resolved between TANKYOU and the Client, shall be submitted to the Commercial Court of Paris.

The Client is informed that they may also resort to conventional mediation, notably through the Consumer Mediation Commission or existing sector-specific mediation bodies, or any other alternative dispute resolution method in case of disagreement.

1. CGV 2022 version au 10 07 2022