Contract · business customers

General terms of sale

LAST UPDATED: 15 SEPTEMBER 2026

Article 1 — Purpose and scope

These general terms govern the sale, by ShakeApp (the « Publisher »), of the subscriptions and services marketed under the Shake brand: Shake Lite, Shake One, Web Pro, AI Pro and Booking Pro (the « Services »). They apply to any professional — company, freelancer or independent practitioner — acting in the course of its business (the « Client »).

Any order entails unreserved acceptance of these terms, which prevail over any document of the Client, in particular its general purchasing conditions. The Services are strictly reserved for professional use.

Article 2 — Description of the Services

Shake Lite: mini site, management of the Google business profile and review collection. Access assumes the Client has an active Google profile, of which it remains the holder. Shake One: all-in-one self-service subscription (site, shop, calendar, assistant, emailing), set up and run by the Client. Web Pro: design, copywriting and search optimisation of a website by the Publisher’s team, with maintenance and edits included. AI Pro: conversational agent connected to the Client’s channels, configured on its offer, prices and rules. Booking Pro: online booking calendar, deposit collection, reminders and team management.

2.1. The Services are provided as SaaS. The Publisher grants the Client a non-exclusive, personal, non-transferable right of use, limited to the term of the subscription.

2.2. The Client is informed that some solutions rely on third-party technologies operated on a white-label basis. The Publisher holds the licences required to market them and reserves the right to change or replace these technical components, with equivalent functionality.

Article 3 — Order, term and renewal

The order is formed by signature of the quote, online confirmation or any commencement of performance accepted by the Client. Subscriptions are entered into with no minimum term: they are taken out monthly or annually and renew automatically for identical periods until the Client cancels.

Article 4 — Prices, invoicing and non-payment

Prices are in euros excluding tax. VAT not applicable, article 293 B of the French tax code. The subscription is payable in advance, by card or direct debit, on the anniversary date. Creation, set-up and configuration fees are invoiced once, on order, and are non-refundable once work has started. The Publisher may change its prices at any time; subscribers are informed thirty days before a new price takes effect. In the event of non-payment, the subscription ends and access to the Services is interrupted, with no penalty or collection fee. Amounts covering the period already started remain due to the Publisher.

Article 5 — Client obligations

The Client supplies in good time the material required to perform the Services: text, visuals, prices, opening hours, availability, access to accounts and platforms. It warrants that it holds the rights to the content provided and indemnifies the Publisher against any third-party claim in that respect.

The Client remains solely responsible for the content published, for compliance with the rules specific to its profession — in particular regulated advertising, healthcare, law and real estate —, for the compliance of its offers, and for the accuracy of the prices, lead times and availability communicated to its own customers.

Article 6 — Best-efforts obligation and no guarantee of results

The Publisher is bound by a best-efforts obligation. It guarantees neither a given ranking in search engines or artificial-intelligence engines, nor a number of enquiries, appointments, sales, reviews or any revenue figure. The examples, simulations, estimates and testimonials presented are illustrative and have no contractual value.

Article 7 — Conversational agents and artificial intelligence

7.1. The agents are configured from information supplied by the Client, who approves their scope before going live and may change it at any time.

7.2. The Client acknowledges that an artificial-intelligence system may produce inaccurate or incomplete answers. It is for the Client to monitor exchanges, report any anomaly and have the configuration corrected. The Publisher cannot be held liable for the consequences of incorrect information supplied by the Client, of use outside the agreed scope, or of commitments made by the agent beyond the rules defined with the Client.

7.3. The Client acts as deployer within the meaning of Regulation (EU) 2024/1689. The Publisher provides the transparency notices, the configuration and the related documentation; compliance with the obligations specific to the Client is the Client’s responsibility.

7.4. The agents are not intended to give legal, medical, financial, tax or regulatory advice, nor to handle emergencies.

Article 8 — Dependencies and third-party services

The Services rely on third-party platforms — notably Meta (WhatsApp, Instagram, Messenger), Google, Stripe, hosting providers and artificial-intelligence model providers. Any change, restriction, account suspension or price change decided by these third parties is beyond the Publisher’s control and can neither engage its liability nor give rise to a refund. Should a third-party feature be permanently withdrawn, the Publisher will offer an equivalent solution or, failing that, cancellation of the feature concerned without penalty.

Article 9 — Availability, maintenance and force majeure

The Publisher uses reasonable means to provide access to the Services 24 hours a day, with no guarantee of uninterrupted operation. It cannot be held liable for interruptions caused by technical maintenance, hosting providers, operators, third-party platforms, the Client’s own network, malicious intrusion or an event of force majeure within the meaning of article 1218 of the French civil code.

Article 10 — Personal data

For processing carried out as part of the Services, the Client is the controller and the Publisher acts as processor within the meaning of article 28 GDPR: processing on documented instructions, staff confidentiality, appropriate security measures, reasonable assistance with rights requests or data breaches, return or deletion of data at the end of the contract. The list of further sub-processors appears in the privacy policy.

Article 11 — Intellectual property

The Client remains the owner of its content, its trade mark, its domain name and its business profile. Bespoke developments produced on its behalf are assigned to it upon full payment of the price. The Publisher’s platforms, software components, templates, scripts, standard configurations and know-how remain its exclusive property and are licensed for use for the term of the subscription only.

Article 12 — Confidentiality and references

Each party keeps the information exchanged confidential. Unless the Client objects in writing, the Publisher may cite its name, its logo and a non-confidential description of the work as a commercial reference.

Article 13 — Term, cancellation and suspension

13.1. Subscriptions have no minimum term. The Client may cancel at any time from its customer area or by email. Cancellation takes effect at the end of the current billing period: the subscription for the month already started remains due and no refund is made for the remaining period.

13.2. The Publisher may interrupt access in the event of non-payment, with no fee or penalty. It may also suspend or terminate as of right in the event of use contrary to these terms, unlawful content, misuse of the Service or a breach of security, after a formal notice has remained without effect for fifteen days, except in an emergency or manifest illegality where suspension is immediate.

13.3. At the end of the contract, the Client has thirty days to request the return of its content and data. After that period, the Publisher may delete them.

Article 14 — Limitation of liability

The Publisher’s liability, on all grounds combined, is limited to the amount excluding tax actually paid by the Client over the last six months of subscription preceding the triggering event. Indirect damage is expressly excluded, in particular loss of revenue, customers, data, reputation, opportunity or profits. These limitations do not apply in the event of gross negligence or wilful misconduct.

Article 15 — No right of withdrawal

Under article L221-3 of the French consumer code, the right of withdrawal between professionals applies only where the contract falls outside the main field of activity of the business and the business has fewer than five employees. By confirming the order, the Client requests immediate performance of the Service and expressly waives any right of withdrawal.

Article 16 — Changes to these terms

The Publisher may amend these terms. Clients are informed thirty days before they take effect; continuing the subscription beyond that date constitutes acceptance.

Article 17 — Governing law and disputes

These terms are governed by French law. The parties will seek an amicable solution before any action. Failing agreement, exclusive jurisdiction is granted to the Commercial Court of Marseille, including where there are several defendants, in summary proceedings or in warranty claims.

Privacy policy (GDPR)

1. Controller and roles

For data collected on shakeagency.io (forms, audit requests, contact enquiries), ShakeApp acts as data controller. For data processed inside the modules the Client subscribes to — AI agent conversations, appointments, customer records, reviews — ShakeApp acts as processor, on behalf of and under the instructions of the Client, who is the controller.

2. Data collected

Client data: identity, business contact details, billing information, technical credentials required to configure the modules. Data on the Client’s end users: name, email address, phone number, content of messages exchanged with the AI agent, appointments booked, reviews submitted. Browsing data on the site: display preferences (theme, language) stored locally in the browser.

3. Purposes and legal bases

Handling inbound enquiries and the pre-contractual relationship: legitimate interest and pre-contractual measures. Delivering subscriptions and providing the modules: performance of the contract. Invoicing and accounting obligations: legal obligation. Improving the AI agents from anonymised conversations: legitimate interest, with the Client able to object.

4. Retention periods

Prospects: three years from the last contact. Clients: the duration of the contractual relationship, then five years for contractual data and ten years for accounting records. Agent conversations: a rolling twelve months, unless a different period is agreed with the Client.

5. Sub-processors and hosting

Data is hosted by Amazon Web Services Europe. ShakeApp uses further sub-processors for message delivery, payments and agent operation (notably Stripe, Meta, Google and artificial-intelligence model providers). Any transfer outside the European Union is covered by the European Commission’s standard contractual clauses.

6. Security

ShakeApp implements appropriate technical and organisational measures: TLS encryption of traffic, access segregation, individual authentication, logging and regular backups. The Client is responsible for the confidentiality of its credentials and for managing its team’s access.

7. Individual rights

Under Regulation (EU) 2016/679 and French Act no. 78-17 of 6 January 1978 as amended, any individual has a right of access, rectification, erasure, restriction, objection and portability, exercised by email to contact@shakeapp.io. Requests from a Client’s end users are forwarded to that Client, as controller. A complaint may be lodged with the CNIL, the French data protection authority.

8. Cookies

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