CONDITIONS GÉNÉRALES APPLICABLES AUX CONTRATS MONAMEDIA

Preamble

This document constitutes a common foundation of general conditions applicable to all contractual relationships between MONAMEDIA SARL and any person or entity entering into a contract with it in the framework of its services.

It aims to legally frame, uniformly, the reciprocal rights and obligations between MONAMEDIA and the User, understood as any natural or legal person who has concluded a contract for the supply, collaboration or exploitation of MONAMEDIA solutions.

It applies in principle in addition to the main contract signed and constitutes a contractual basis enforceable against any User.

1. Definitions

The following terms, when used in these General Conditions (hereinafter called the "CG"), have the following meanings, whether used in the singular or the plural:

"MONAMEDIA": refers to the company MONAMEDIA, a company under Monegasque law whose registered office is located at 4 rue des Lilas, MBP in 98000 Monaco and which operates the technical, commercial and logistical platform accessible at the address http://www.monamedia.mc/

"User": refers to any natural or legal person accessing or using the MONAMEDIA platform in any capacity, whether as an individual user (B2C) or a professional partner (B2B).

"B2C Client": refers to any natural person acting outside a professional framework, who subscribes to an advertising broadcasting offer on their personal television via the MONAMEDIA box.

"B2B Partner": refers to any professional entity (company, business, institution) having one or more screens and having signed an advertising broadcasting contract with MONAMEDIA.

"MonaApp": refers to the mobile application published by MONAMEDIA allowing Users (B2C or B2B) to access their account, follow the performance of screens and interact with the services offered.

"MONAMEDIA Box": refers to the technical equipment provided by MONAMEDIA (or acquired by the client) enabling the broadcasting of advertising banners on connected screens.

"L-Banner": refers to the standard advertising format broadcast by MONAMEDIA, in the form of a discreet banner lasting ten (10) seconds appearing at the bottom of the screen.

"MONAMEDIA Platform": refers to all services accessible via the website www.monamedia.mc, the MonaApp, or any other digital support published by MONAMEDIA.

"Remuneration": refers to the sums paid by MONAMEDIA to an eligible User in return for the use of one or more screens for advertising purposes.

"Payment service provider": refers to any approved actor involved in managing financial flows between MONAMEDIA and its Users. MONAMEDIA neither handles nor holds the transferred funds.

2. Scope

The present General Conditions (the "CG") govern access, use, and the functioning modalities of the MONAMEDIA platform, as operated by the MONAMEDIA company.

They apply, without restriction or reservation, to any person accessing the platform, particularly the following categories of Users:

– B2C Clients, individuals using a personal television to broadcast advertising banners via the MONAMEDIA box;
– B2B Partners, companies or professional entities with screens in their premises and collaborating with MONAMEDIA under an advertising broadcasting contract;

The CG complement, as applicable, the specific contracts concluded between MONAMEDIA and the User (B2C Contract, B2B Contract, or Contract), which prevail in the event of contradiction.

Access to and use of the platform implies full and unconditional acceptance of these CG. If the User does not accept all or part of these provisions, it is their responsibility not to access the services.

MONAMEDIA reserves the right to update these CG at any time, in compliance with the rules applicable to each contractual typology.

3. Access to the service

Access to the services offered by MONAMEDIA is conditioned on meeting the following criteria, which vary according to the User's profile.

3.1 – General eligibility conditions
Every User must:
– have the legal capacity to contract;
– accept unreservedly the present CG and, where applicable, the specific contractual conditions that are applicable to them;
– provide accurate, verifiable, and up-to-date information when registering or activating their account;
– not have previously been excluded from the MONAMEDIA platform for contractual breach or fraudulent behavior.

3.2 – Access for B2C Clients
Access to the service is reserved for legal adults residing in France or Monaco, having a compatible television and a stable Internet connection.
The B2C Client must activate their box via the MonaApp and accept the remuneration conditions specified in the B2C contract.

3.3 – Access for B2B Partners
The B2B Partner must be a registered legal entity, have one or more screens in a professional context, and sign a specific contract with MONAMEDIA.
The installation of the boxes may be carried out by MONAMEDIA or by the Partner, depending on the chosen offer. Access to the professional back-office is granted to any client with a valid account with Monamedia, regardless of the possession or activation of Monamedia equipment or box.

The client may, at any time, subscribe to additional services (StarterPack, Monapack, EventPack, or any future offer) either online or through a duly authorized representative.
This subscription is independent and is not conditioned on the activation or use of Monamedia equipment.

3.4 – Suspension or refusal of access
MONAMEDIA reserves the right to suspend, restrict, or refuse access to all or part of the service in case:
– of non-compliance with the present CG or a specific contract;
– of abusive or diverted use of the platform's tools;
– of suspicion of fraud, broadcasting simulation, or behavior contrary to commercial ethics.

The suspension does not give rise to any compensation, subject to specific contractual provisions applicable to the relevant profile.

4. Service description

MONAMEDIA operates a hybrid technological platform, accessible via its website, its mobile application MonaApp, and its professional tools, allowing its Users to generate income or commissions via the broadcasting of advertising content or commercial connections.

4.1 – Broadcasting advertisements on personal or professional screens
The main service of MONAMEDIA consists of allowing the broadcasting of discreet advertising banners ("L-Banners") on televisions connected to a specific box provided or validated by MONAMEDIA.
Each L-Banner corresponds to a ten (10) seconds advertisement, displayed at the bottom of the screen, up to a limit of one minute per hour of actual operation.

This broadcasting opens the right, depending on the User's profile, to variable remuneration determined in the applicable contract.

4.2 – MonaApp application
The MonaApp application allows Users to:
– visualize in real time the performance of their screens;
– check their remuneration or commission balance;
– access their activity history, contractual documents, and complementary features (Watch2Help, MonaMaker sponsorship, customer support).

Using the application requires holding an activated and validated user account.

4.3 – Professional interface and B2B modules
B2B Partners have a dedicated professional access allowing them to:
– manage their screen inventory, check broadcast volumes and associated revenues;
– activate specific commercial options (Monapack, EventPack, StarterPack);

Activating these services requires the prior signing of a specific B2B contract.

4.4 – Unavailable or non-guaranteed services
MONAMEDIA does not ensure the provision of Internet access nor the maintenance of Users' televisions.
The proper functioning of the service depends on the quality of the network connection, the technical compatibility of the equipment, and compliance with installation conditions.

MONAMEDIA reserves the right to modify, suspend, or withdraw certain functionalities, provided that the concerned Users are informed in a reasonable time.

5. User commitments

Each User commits to use MONAMEDIA's services responsibly, fairly, and in accordance with their contractual purpose.

5.1 – Accuracy of provided information
The User guarantees the accuracy, sincerity, and timeliness of the information communicated to MONAMEDIA during their registration, the activation of their account, or the updating of their data.
They commit to notify without delay any changes likely to impact the proper functioning of the service (e.g. change of address, screen, bank details, professional situation).

5.2 – Technical compliance and fair use
The User commits to:
– use compatible and properly installed equipment, compliant with MONAMEDIA's specifications;
– keep their box powered on, connected and functional, except in cases of force majeure or a technical incident beyond their control;
– not disrupt, alter or circumvent broadcasting, measurement or remuneration mechanisms.

5.3 – Prohibition of fraud and simulation
The User is strictly prohibited from:
– artificially simulating the operation of a television (devices left on without actual use, automation, constant replay, etc.);
– diverting tools with emulators, scripts, manipulating software, or unauthorized systems;
– reproducing, copying or hacking the code of the box or the MonaApp.

In case of serious suspicion, MONAMEDIA reserves the right to suspend or deactivate the account, and to claim the restitution of any amounts unduly received.

5.4 – Respect for MONAMEDIA's rights and image
The User forbids any communication, reproduction, or use of the name, brands, materials, or reputation of MONAMEDIA without prior written authorization.
They commit not to act as an official representative of the company, unless expressly authorized to do so.

5.5 – General behavior
The User commits to:
– not harm the proper functioning of the platform or the service provided to other Users;
– respect the contractual conditions applicable to them according to their status;
– demonstrate courtesy, good faith, and cooperation in their exchanges with customer service or MONAMEDIA partners.

5.6 – Responsibility specific to each profile
B2C Clients are personally responsible for the use of their equipment.
B2B Partners commit to respect the technical environment provided in their contract, especially in cases of multi-screen setups.

6. Financial conditions

6.1 – Payment service provider
All financial flows transit exclusively through an accredited payment service provider, acting as a secure intermediary.
MONAMEDIA neither holds, receives nor directly retains any funds belonging to its Users.
The processing of operations is subject to the general conditions of the concerned payment service provider.

6.2 – Remuneration modalities for B2C and B2B Users
B2C and B2B Users receive variable remuneration, calculated based on:
– the number of duly registered active screens;
– the effective volume of advertising banners (L-Banners) broadcasted per hour;
– the operating duration of the screens;
– and compliance with contractual and technical obligations defined by MONAMEDIA.

The applicable amount per advertisement, the possible presence of non-remunerated campaigns, as well as the calculation tiers are defined in the corresponding B2C or B2B contract.

6.3 – Payment of amounts due
The payment of amounts due is made by bank transfer via the payment service provider, no later than the 15th of the month following the validation or closure of the accounting month, subject to:
– the balance reaching the minimum threshold of €30 incl. VAT;
– the provided payment data being valid;
– the User not having breached their contractual obligations.

Processing fees may apply depending on the chosen withdrawal method (SEPA transfer, Paypal, etc.), at the User's expense.

6.4 – Suspension of payments
MONAMEDIA reserves the right to suspend or delay any payment in case:
– of well-founded suspicion of fraud, simulation, or manipulation;
– of erroneous or unverifiable technical data;
– of blatant non-compliance with contractual conditions.

The suspension does not constitute a waiver, but rather a temporary freeze pending verification.

6.5 – Tax and reporting responsibility
Each User is solely responsible for the tax, social, and reporting obligations related to the amounts they receive.
MONAMEDIA does not issue pay slips, nor does it carry out any withholding or reporting on behalf of its Users.
If applicable, an annual summary may be generated for informational purposes via the MonaApp.

7. Intellectual property

7.1 – Ownership of rights
All the elements comprising the MONAMEDIA platform, as well as the content broadcasted or automatically generated therein, are the exclusive property of MONAMEDIA or its contractual partners.
Protected are notably:
– trademarks, logos, slogans, trade names, domain names;
– original visual, auditory, or textual content;
– software structures (MonaApp, dashboard, algorithms, source code of the boxes);
– graphic charters, user interfaces, and design elements.

No usage, reproduction, or exploitation right may be granted to the User outside the cases expressly provided for in the contracts or specific authorizations.

7.2 – Restricted and non-exclusive use
Subject to their profile, the User may access certain resources or visuals aimed at facilitating communication or service promotion.
Any use of these elements (PDFs, captures, excerpts, marketing content) is strictly limited to personal or professional use in accordance with the mission defined in their contract, and excludes:
– any modification, diversion, or reinterpretation of the message;
– any public dissemination without prior written authorization from MONAMEDIA.

7.3 – Content provided by the User for communication purposes
The User may, if they expressly agree, authorize MONAMEDIA to use the following elements for communication or commercial enhancement:
– their first name, city or age range;
– their profile photo or a photo of their installation (TV, box);
– quotes, reviews, or testimonials provided voluntarily.

This authorization can be revoked at any time upon simple written request, and is never imposed as a condition for access to the service.

7.4 – Integrity of the box and code
The source code of MONAMEDIA systems, as well as connected boxes and their embedded modules, may not under any circumstances be copied, analyzed, disassembled, decompiled, or modified, even partially.
Any behavior of this type may lead to immediate contract termination, without prejudice to civil or criminal proceedings.

8. Responsibilities of MONAMEDIA

8.1 – Nature of the obligation
MONAMEDIA provides its services under a best efforts obligation.
It commits to implement all reasonably necessary technical, human, and contractual resources for the proper functioning of the platform, advertising broadcasting, MonaApp, and associated remuneration systems.

It does not guarantee the profitability of a screen, a fixed revenue amount, or continuous service availability.

8.2 – Limitation of liability
MONAMEDIA's liability cannot be engaged towards the User in case of:
– interruption or failure of the service linked to a force majeure event, network failure or a third-party act (Internet service provider, payment, cloud...);
– non-compliant or defective hardware configuration;
– improper installation, unauthorized use or erroneous handling of the box;
– erroneous or incomplete data provided by the User;
– operational simulation, attempted fraud or violation of technical rules.

8.3 – Responsibility specific to each profile
– Regarding B2C Clients, MONAMEDIA cannot be held liable for secondary effects related to the broadcasting of advertisements (partial visibility, temporary visual discomfort, network saturation).
– For B2B Partners, advertising results, occupancy rates, or return on investment are never guaranteed, unless expressly stipulated in a dedicated contract.

8.4 – Indirect damages and capping
MONAMEDIA cannot be held liable for indirect damages suffered by the User, such as loss of expected revenue, lost opportunity, commercial harm or damage to image.
In all cases, except in case of gross or fraudulent misconduct, MONAMEDIA's total liability shall be capped at the total amount received by the User concerned over the last twelve (12) months, for all causes combined.

8.5 – Reporting malfunctions
Any incident, anomaly or technical malfunction must be reported without delay to the support service via MonaApp or at support@monamedia.mc.
The User commits to cooperatively and in good faith participate in any verification process or testing aimed at restoring normal operation of the service.

9. Delivery of the service

9.1 Implementation modalities

MONAMEDIA services are delivered according to the modalities and deadlines agreed within the Main Contract or, failing that, within a reasonable period starting from the acceptance of the User's file.

9.2 Suspensive conditions

The actual delivery of the service is subject to meeting the following conditions:

·        validation of the User's administrative file,
·        technical confirmation of the compatibility of the equipment,
·        absence of legal or regulatory impediment affecting the planned activity.

9.3 Delivery of equipment

When the service includes the delivery of a physical box or equipment, ownership of the material remains that of MONAMEDIA unless express clause of transfer. The User is its custodian, responsible for its proper use and required to return it upon first request in case of suspension, withdrawal, or termination of the contract.

9.4 Continuous availability

MONAMEDIA makes every effort to ensure service continuity. However, the User acknowledges that the provision of the service may be temporarily interrupted for maintenance, updates, technical intervention, or force majeure events, without this giving rise to compensation, unless otherwise stipulated contractually.

10. User account termination and service cessation

10.1 Termination at the User's initiative

The User may terminate their contract at any time, by written notification addressed to MONAMEDIA, subject to a notice period of fifteen (15) days. Termination leads to the deletion of access to MONAMEDIA services and associated interfaces.

Any outstanding balances will be paid within thirty (30) days following termination, subject to contractual compliance and minimum payment threshold.

10.2 Termination at MONAMEDIA's initiative

MONAMEDIA may terminate any contract by operation of law, without compensation, in case of serious breach by the User of these General Conditions or the Main Contract, after notification remaining ineffective for seven (7) days.

In the most severe cases (manifest fraud, security breach, system diversion), MONAMEDIA may terminate with immediate effect, without notice or regularization period.

10.3 Effects of termination

·        Deletion of access to services, platforms, applications or interfaces;
·        Immediate deactivation of the boxes and cessation of any advertising broadcasting on the affected screens;
·        Return of equipment within a maximum period of fifteen (15) days if applicable;
·        Maintenance of clauses related to confidentiality, intellectual property, non-solicitation, and liability after termination of the contract, for the stipulated duration or, failing that, for five (5) years.

11. Personal data & confidentiality

11.1 – Data processing controller
The personal data collected in the context of using MONAMEDIA services is processed by MONAMEDIA, as the data processing controller, in accordance with the applicable regulations in the Principality of Monaco (law n° 1.165 amended) and the General Data Protection Regulation (GDPR – EU 2016/679).

11.2 – Categories of collected data
MONAMEDIA may collect and process the following data:
– identity data: first name, last name, email address, profile photo, date of birth (optional), city;
– contractual data: status, type of contract, activation date, preferences, user typology;
– technical data: activity logs, broadcasting duration, number of active screens, approximate location;
– transaction data: generated remuneration, validated commissions, payment history;
– navigation data in the application or on the website.

11.3 – Purposes of processing
Personal data is processed for the following purposes:
– management and execution of contracts concluded with Users;
– calculation and display of advertising performances;
– issuing notifications, pushes, and personalized emails;
– implementing the Watch2Help program;
– managing requests and customer support;
– producing anonymized statistics and aggregated reports.

11.4 – Banking data and secure payment
MONAMEDIA does not collect or directly store its Users' banking data.
All financial transactions are operated through accredited payment service providers, in accordance with their own terms of use and privacy policies.
MONAMEDIA only receives technical identifiers or payment statuses, without access to full banking details.

11.5 – Notifications, pushes, and marketing communication
By accepting these CG, the User authorizes MONAMEDIA to send them:
– emails related to the service execution;
– mobile pushes of an informative, contractual, or promotional nature;
– communications related to their activity or MONAMEDIA offers, including through its internal or authorized partner channels.

The User can at any time set preferences or refuse certain communications through their personal space or MonaApp settings.

11.6 – Data retention
Personal data is retained for the duration strictly necessary for the purposes of processing, namely:
– for the entire duration of the contractual relationship,
– and then for a period of five (5) years from the last activity, for proof, compliance or pre-litigation management purposes.

11.7 – Rights of individuals
In accordance with applicable regulations, the User has the following rights:
– right of access, rectification, updating, and deletion of their data;
– right to object or limit processing;
– right to data portability;
– right to withdraw at any time their consent to the use of their data for non-contractual purposes.

Any request can be directed to office@monamedia.mc or by post to the registered office of MONAMEDIA, accompanied by a valid identity document.

11.8 – Security and subcontracting
MONAMEDIA implements appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of personal data.
Some data may be processed by subcontractors acting on behalf of MONAMEDIA, as provided for by a subcontractor agreement compliant with GDPR.

12. Trademarks and copyrights

12.1 Ownership of trademarks

All trademarks, logos, trade names, visual identities, and distinctive signs belonging to MONAMEDIA, whether registered or not, are protected by trademark law. The User acknowledges that these elements are the exclusive property of MONAMEDIA or are subject to a duly granted license.

No usage, reproduction, or representation right may be granted to the User outside the rights expressly authorized by MONAMEDIA within the framework of contract execution. Any unauthorized use constitutes an act of infringement which may incur civil and criminal liability for its author.

12.2 Copyrights and associated creations

All editorial, visual, audiovisual, textual, graphic, or software content integrated into MONAMEDIA's services is protected by copyright and related rights under the Intellectual Property Code or equivalent Monegasque legislation.

MONAMEDIA remains the holder of all property rights associated with this content, whether developed internally or provided by third parties. The User agrees not to copy, adapt, reuse, or disseminate all or part of these elements without prior written authorization from MONAMEDIA.

Any observed infringement will lead to an immediate procedure for deletion, suspension of access to the services and, if applicable, legal proceedings.

13. Applicable law and competent jurisdiction

The present General Conditions, as well as all contracts to which they are attached, are governed by French law or, if applicable, by Monegasque law when the main contract has been concluded under the jurisdiction of Monaco.

In case of dispute relating to the validity, execution, interpretation or termination of a contract, the parties agree to prioritize seeking an amicable solution within thirty (30) days from the written notification of the dispute by one of the parties.

In the absence of agreement, exclusive jurisdiction is attributed to the materially competent jurisdictions of MONAMEDIA's registered office, including in cases of multiple defendants or third-party claims, notwithstanding any contrary clause.