TERMS AND CONDITIONS OF SALE – DIAGNOSIS IN WHITE-LABEL
(ACTION POSITIVE)
This document is a faithful English translation of the original French General Terms and Conditions of Sale, provided for reference purposes only. In the event of any discrepancy or difference of interpretation, the French version shall prevail.
SECTION 1 – PURPOSE
These Terms and Conditions of Sale (the “Terms”) define the conditions under which ACTION POSITIVE, a French simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 951 023 449, with its registered office at 7 rue Daubenton, 75005 Paris, France (the “Provider”), supplies its professional clients (the “Client”) with a white-label Engagement and Eco-Emotions Diagnostic (the “Service”), together with related configuration, personalisation and support services.
The Service includes an online questionnaire (the “Questionnaire”), integrated and distributed under the Client’s brand and made available by the Client to individuals responding to it (the “Respondents”) via the Client’s or the Provider’s website.
The Client acknowledges having read and accepted these Terms without reservation. They prevail over any other document unless otherwise expressly agreed in writing by the Parties.
SECTION 2 – DESCRIPTION OF THE SERVICE
The Provider shall supply the Client with the following Service:
– the Questionnaire, developed by ACTION POSITIVE;
– customisation of the Questionnaire, including logo, introductory message and the addition of a limited number of additional questions as described in the offer and subject to Section 7;
– configuration of the access link or integration on the Client’s website;
– an analysis report as described in the offer;
– resource catalogues as described in the offer;
– explanatory factsheets as described in the offer.
The Client distributes the test under its own brand to Respondents for the term defined in the Agreement.
SECTION 3 – TERM
The Service is provided for a term of twelve (12) months from the date of execution of the Agreement.
The Agreement is not subject to tacit renewal. Any renewal or new campaign shall require a new quotation or purchase order.
SECTION 4 – INVOICING AND PAYMENT TERMS
The Client shall receive an electronic invoice in PDF format, payable by bank transfer or direct debit.
Payment is due within thirty (30) days from the invoice date.
The price is set out in the official quotation.
The Service is provided under a twelve (12)-month annual subscription payable in a single instalment.
Access to the Service shall only be granted once full payment has been received. Any delay of one (1) month or more may result in immediate suspension of the Service.
Additional costs may apply if the number of Respondents exceeds the volume initially agreed. Such additional costs shall be invoiced in full in accordance with the pricing set out in the quotation. If the number of additional Respondents exceeds 10% of the contracted volume, the Provider reserves the right to issue an interim invoice during the subscription term.
The annual subscription is neither tacitly nor automatically renewed. In the absence of written confirmation of renewal at least fifteen (15) days before expiry, the Service shall be suspended upon expiration.
SECTION 5 – PROVISION OF THE QUESTIONNAIRE
The Provider shall make available to the Client a link, integration code or customised environment allowing access to the Questionnaire.
The Client is solely responsible for the distribution and integration of the Questionnaire on its media.
The Provider does not guarantee any minimum response volume or participation rate.
SECTION 6 – INTELLECTUAL PROPERTY
The Provider remains the sole owner of all intellectual property rights relating to the Service, including its structure, architecture, source code, databases, questionnaires, algorithms, methods, interfaces and all technical, visual and functional elements.
No provision of these Terms shall be construed as granting the Client any ownership rights.
The Provider grants the Client, for the duration of the Agreement, a non-exclusive, non-transferable and non-assignable right to use the Service solely for the distribution of the Questionnaire.
The Client retains ownership of all content it provides. The Provider retains ownership of all know-how, developments and improvements.
SECTION 7 – CUSTOMISATION AND CONTENT VALIDATION
The Client may propose the addition of a limited number of questions to adapt the Questionnaire to its audience.
Such additions must remain consistent with the general philosophy of the Questionnaire, focused on individual well-being and ecological engagement.
The Provider reserves the right to validate, modify or refuse any content inconsistent with the purpose, neutrality or ethics of the Questionnaire.
In the event of persistent disagreement, the Client may remove the disputed content or terminate the Service.
SECTION 8 – DATA OWNERSHIP AND PROCESSING
The data collected do not constitute personal data within the meaning of the GDPR and the French Data Protection Act. They do not allow, either individually or by cross-referencing, the direct or indirect identification of a natural person.
All data collected, generated, and processed through the Questionnaire are jointly owned by the Client and the Provider.
The Provider acts as the data controller for the anonymous data from the Questionnaire.
Certain technical data (IP address, browser type and operating system, device type, connection date and time, and technical information related to browsing activity (pages viewed, duration, etc.)) are automatically recorded by Eval & Go to ensure the security and proper functioning of the service. All this technical data is anonymized and completely dissociated from the respondents.
Eval & Go processes this technical data under its own responsibility, in accordance with its privacy policy. The Provider cannot be held liable for its processing.
Such data are hosted by Eval & Go in France. No data is transferred outside the European Union.
SECTION 9 – CONFIDENTIALITY AND COMMUNICATION
The Provider undertakes to keep confidential all non-public information disclosed by the Client.
Aggregated and anonymised results may be used or published provided no Respondent can be identified.
SECTION 10 – LIABILITY
The Provider shall only be liable for direct damages resulting from a proven fault.
In any event, the Provider’s total liability shall be limited to the total amount excluding tax paid by the Client under the Agreement.
SECTION 11 – ORIGIN MENTION
A discreet mention “Powered by Linka” may appear to indicate the origin of the technology.
SECTION 12 – TERMINATION
Either Party may terminate the Agreement in the event of a material breach not remedied within thirty (30) days.
SECTION 13 – COMMERCIAL REFERENCES
Unless expressly objected to, the Provider may use the Client’s name and logo as commercial references.
SECTION 14 – GOVERNING LAW AND JURISDICTION
These Terms shall be governed by French law. Any dispute shall fall within the exclusive jurisdiction of the courts of Paris, France.
SECTION 15 – ACCEPTANCE
Execution of the Agreement constitutes full acceptance of these Terms.
SECTION 16 – MISCELLANEOUS
For any questions relating to these Terms, the Client may contact: contact@linka.eco.
The Parties agree to seek an amicable solution before initiating legal proceedings.
Last updated: January 16th, 2026
(ACTION POSITIVE)
This document is a faithful English translation of the original French General Terms and Conditions of Sale, provided for reference purposes only. In the event of any discrepancy or difference of interpretation, the French version shall prevail.
SECTION 1 – PURPOSE
These Terms and Conditions of Sale (the “Terms”) define the conditions under which ACTION POSITIVE, a French simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 951 023 449, with its registered office at 7 rue Daubenton, 75005 Paris, France (the “Provider”), supplies its professional clients (the “Client”) with a white-label Engagement and Eco-Emotions Diagnostic (the “Service”), together with related configuration, personalisation and support services.
The Service includes an online questionnaire (the “Questionnaire”), integrated and distributed under the Client’s brand and made available by the Client to individuals responding to it (the “Respondents”) via the Client’s or the Provider’s website.
The Client acknowledges having read and accepted these Terms without reservation. They prevail over any other document unless otherwise expressly agreed in writing by the Parties.
SECTION 2 – DESCRIPTION OF THE SERVICE
The Provider shall supply the Client with the following Service:
– the Questionnaire, developed by ACTION POSITIVE;
– customisation of the Questionnaire, including logo, introductory message and the addition of a limited number of additional questions as described in the offer and subject to Section 7;
– configuration of the access link or integration on the Client’s website;
– an analysis report as described in the offer;
– resource catalogues as described in the offer;
– explanatory factsheets as described in the offer.
The Client distributes the test under its own brand to Respondents for the term defined in the Agreement.
SECTION 3 – TERM
The Service is provided for a term of twelve (12) months from the date of execution of the Agreement.
The Agreement is not subject to tacit renewal. Any renewal or new campaign shall require a new quotation or purchase order.
SECTION 4 – INVOICING AND PAYMENT TERMS
The Client shall receive an electronic invoice in PDF format, payable by bank transfer or direct debit.
Payment is due within thirty (30) days from the invoice date.
The price is set out in the official quotation.
The Service is provided under a twelve (12)-month annual subscription payable in a single instalment.
Access to the Service shall only be granted once full payment has been received. Any delay of one (1) month or more may result in immediate suspension of the Service.
Additional costs may apply if the number of Respondents exceeds the volume initially agreed. Such additional costs shall be invoiced in full in accordance with the pricing set out in the quotation. If the number of additional Respondents exceeds 10% of the contracted volume, the Provider reserves the right to issue an interim invoice during the subscription term.
The annual subscription is neither tacitly nor automatically renewed. In the absence of written confirmation of renewal at least fifteen (15) days before expiry, the Service shall be suspended upon expiration.
SECTION 5 – PROVISION OF THE QUESTIONNAIRE
The Provider shall make available to the Client a link, integration code or customised environment allowing access to the Questionnaire.
The Client is solely responsible for the distribution and integration of the Questionnaire on its media.
The Provider does not guarantee any minimum response volume or participation rate.
SECTION 6 – INTELLECTUAL PROPERTY
The Provider remains the sole owner of all intellectual property rights relating to the Service, including its structure, architecture, source code, databases, questionnaires, algorithms, methods, interfaces and all technical, visual and functional elements.
No provision of these Terms shall be construed as granting the Client any ownership rights.
The Provider grants the Client, for the duration of the Agreement, a non-exclusive, non-transferable and non-assignable right to use the Service solely for the distribution of the Questionnaire.
The Client retains ownership of all content it provides. The Provider retains ownership of all know-how, developments and improvements.
SECTION 7 – CUSTOMISATION AND CONTENT VALIDATION
The Client may propose the addition of a limited number of questions to adapt the Questionnaire to its audience.
Such additions must remain consistent with the general philosophy of the Questionnaire, focused on individual well-being and ecological engagement.
The Provider reserves the right to validate, modify or refuse any content inconsistent with the purpose, neutrality or ethics of the Questionnaire.
In the event of persistent disagreement, the Client may remove the disputed content or terminate the Service.
SECTION 8 – DATA OWNERSHIP AND PROCESSING
The data collected do not constitute personal data within the meaning of the GDPR and the French Data Protection Act. They do not allow, either individually or by cross-referencing, the direct or indirect identification of a natural person.
All data collected, generated, and processed through the Questionnaire are jointly owned by the Client and the Provider.
The Provider acts as the data controller for the anonymous data from the Questionnaire.
Certain technical data (IP address, browser type and operating system, device type, connection date and time, and technical information related to browsing activity (pages viewed, duration, etc.)) are automatically recorded by Eval & Go to ensure the security and proper functioning of the service. All this technical data is anonymized and completely dissociated from the respondents.
Eval & Go processes this technical data under its own responsibility, in accordance with its privacy policy. The Provider cannot be held liable for its processing.
Such data are hosted by Eval & Go in France. No data is transferred outside the European Union.
SECTION 9 – CONFIDENTIALITY AND COMMUNICATION
The Provider undertakes to keep confidential all non-public information disclosed by the Client.
Aggregated and anonymised results may be used or published provided no Respondent can be identified.
SECTION 10 – LIABILITY
The Provider shall only be liable for direct damages resulting from a proven fault.
In any event, the Provider’s total liability shall be limited to the total amount excluding tax paid by the Client under the Agreement.
SECTION 11 – ORIGIN MENTION
A discreet mention “Powered by Linka” may appear to indicate the origin of the technology.
SECTION 12 – TERMINATION
Either Party may terminate the Agreement in the event of a material breach not remedied within thirty (30) days.
SECTION 13 – COMMERCIAL REFERENCES
Unless expressly objected to, the Provider may use the Client’s name and logo as commercial references.
SECTION 14 – GOVERNING LAW AND JURISDICTION
These Terms shall be governed by French law. Any dispute shall fall within the exclusive jurisdiction of the courts of Paris, France.
SECTION 15 – ACCEPTANCE
Execution of the Agreement constitutes full acceptance of these Terms.
SECTION 16 – MISCELLANEOUS
For any questions relating to these Terms, the Client may contact: contact@linka.eco.
The Parties agree to seek an amicable solution before initiating legal proceedings.
Last updated: January 16th, 2026