General Terms of Use

1. Legal Notice

Publisher: The Big Whale, a French simplified joint-stock company (SAS) with share capital of €43,250

Registered office: 9, rue des Colonnes, 75002 Paris, France

Paris Trade and Companies Register: 911 651 859 — VAT no.: FR43911651859 — CPPAP: 0624 Z 94690

President: Grégory Raymond — Publication Director: Grégory Raymond

Email: [email protected]

Hosting: Gandi SAS, 63-65, boulevard Masséna, 75013 Paris, France

2. Purpose

These general terms of use (hereinafter the "GTU") define the conditions of access to and use of the website and application published by The Big Whale, accessible at https://www.thebigwhale.io and its subdomains (hereinafter the "Site"), by any user (hereinafter the "User"), whether a mere visitor, a Newsletter subscriber or a Client.

The GTU apply to any use of the Site. Access to paid services (hereinafter the "Services") is further governed by The Big Whale's general terms and conditions of sale (hereinafter the "GTC"), accepted and signed by the Client upon invoicing.

3. Definitions

• "Site": the website and application published by The Big Whale, accessible via https://www.thebigwhale.io and its subdomains;
• "User": any person accessing or using the Site, in any capacity whatsoever;
• "Personal Space": the space the User accesses by means of their credentials;
• "Newsletter": the free newsletter published by The Big Whale relating to digital assets;
• "Content": all elements accessible on the Site (texts, data, analyses, dashboards, images, logos, sounds, graphics, etc.);
• "GTC": the general terms and conditions of sale governing access to the paid Services;
• "Data": personal data within the meaning of Regulation (EU) 2016/679 (GDPR).

4. Acceptance and Amendment of the GTU

Use of the Site, including mere consultation, entails full and unreserved acceptance of these GTU. A User who does not accept the GTU must cease using the Site.

The Big Whale reserves the right to amend the GTU at any time. The applicable version is the one in force and accessible online at the time of access to the Site.

5. Access to the Site

The Site is freely accessible. Access to certain features may require the creation of a Personal Space or the subscription to a paid plan.

The User is solely responsible for arranging the hardware, software and internet connection enabling access to the Site, the costs of which remain borne by the User.

The Big Whale endeavours to ensure the Site is accessible 7 days a week and 24 hours a day, without being bound by an obligation of result, but only by a best-efforts obligation. Access may be suspended, restricted or interrupted, in particular for maintenance operations, in the event of force majeure or technical hazards inherent to the internet, without such unavailability giving rise to any compensation.

6. Personal Space and Credentials

Creation of a Personal Space requires acceptance of these GTU. The User warrants the accuracy of the information provided and undertakes to keep it up to date.

Credentials are strictly personal and confidential. The User is solely responsible for keeping them secure and for any use made of them. The Big Whale shall not be held liable in the event of loss, theft or fraudulent use of credentials by a third party.

In the event of false, inaccurate or outdated information, The Big Whale may suspend or close the Personal Space. The Personal Space is closed automatically upon expiry of a period of three (3) years from the User's last login.

7. Newsletter

The free Newsletter is distributed electronically to Users who have given their consent. The User may unsubscribe at any time using the link provided for that purpose. The associated processing of Data is described in The Big Whale's Privacy Policy.

8. User Obligations

The User undertakes to use the Site in good faith and in accordance with applicable laws and regulations, public order, good morals and third-party rights. The User shall in particular refrain from:

• extracting, for commercial purposes or without authorisation, all or part of the Content or the databases of the Site;
• using any robot, crawler, spider, script or automated extraction or indexing process (crawling, scraping, screen scraping);
• reproducing, copying, modifying, distributing, selling or exploiting the Content without prior written authorisation;
• harming the image, reputation or rights of The Big Whale or its partners.

Any breach of these GTU may result in the immediate suspension or closure of the Personal Space and a ban on accessing the Site, without prejudice to any action The Big Whale may be entitled to bring.

9. Intellectual Property

The Site, as a whole and in each of its elements (structure, software, texts, data, still or animated images, logos, sounds, graphics, photographs, etc.), is the exclusive property of The Big Whale or of third parties having granted it rights.

Any representation or reproduction, total or partial, of the Site or any of its elements, without the express authorisation of The Big Whale, is prohibited and constitutes infringement. The databases on the Site are protected; any qualitatively or quantitatively substantial extraction or re-use of their content is prohibited. Any authorised reproduction must bear the notice "Copyright [current year] The Big Whale — all rights reserved". The trademarks and logos appearing on the Site are protected; any reproduction without authorisation engages the liability of its author.

10. Hyperlinks

The User may not establish a link (including by redirection) to the Site without the prior and express authorisation of The Big Whale, requested by email at [email protected]. Such authorisation shall not constitute an affiliation agreement.

The Site may contain links to third-party sites, pages or applications over which The Big Whale exercises no control. The Big Whale shall not be held liable for access to such third-party resources or for their content.

11. Personal Data and Cookies

Users' Data is processed in accordance with the GDPR. The processing terms, purposes, retention periods and data-subject rights are described in The Big Whale's Privacy Policy. The use of non-essential cookies is subject to the User's consent, obtained by means of the banner provided for that purpose.

12. Liability

The Big Whale is bound by a best-efforts obligation with respect to access to the Site and the Content. The Content (newsletters, dashboards, analyses, events) is provided for informational purposes only and in no way constitutes financial, legal, tax, accounting or investment advice. The User remains solely responsible for the decisions made and actions taken on the basis of the Content.

To the extent permitted by law, The Big Whale shall not be held liable for indirect damages (loss of profits, business interruption, loss of data, etc.), for interruptions or unavailability of the Site, for the loss or theft of credentials, or for any use of the Site that does not comply with these GTU.

13. Force Majeure

The Big Whale and the User shall not be held liable for any failure to perform their obligations resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts.

14. Relationship with the GTC

These GTU govern the general use of the Site. Access to the paid Services is governed by the GTC, accepted and signed by the Client upon invoicing, which supplement these GTU. In the event of any conflict, the GTC shall prevail solely with respect to the provisions relating to the Services concerned.

15. Governing Law and Jurisdiction

These GTU are written in French. If translated into one or more foreign languages, only the French version shall be binding in the event of a dispute. They are governed by French law. Failing an amicable resolution, the courts of Paris shall have sole jurisdiction, subject to applicable mandatory provisions.