Version: 17/10/2025

1. PREAMBLE

The Winevizer solution is a SaaS platform that allows restaurants, wine bars and HORECA establishments to digitise their wine list (QR code, tablet, virtual sommelier, filters, etc.).

It is operated by:

Site-Vitrine.be – Winevizer
Sole proprietorship no. BE0691.699.377
Address: Résidence de la Bascule, 33 – 7000 Mons – Belgium
(hereinafter “Winevizer”)

These general terms and conditions (the “Terms”) govern:

1. The subscription conditions between Winevizer and the professional Client (restaurant, wine bar, hotel, etc.);
2. The conditions of use of the platform by Users (managers, front-of-house teams, etc.).

Any subscription to a plan or use of the platform constitutes unreserved acceptance of these Terms.

2. DEFINITIONS

In these Terms:

• Subscription: a paid plan giving access to Winevizer Services according to the chosen offer (single restaurant, multi-establishments, options, etc.).
• Client: any natural person or legal entity acting in the course of their professional activity and subscribing to a Subscription.
• Establishment: restaurant, wine bar, hotel bar or any point of sale covered by the Subscription.
• Platform: the Winevizer SaaS application accessible via browser and/or application, used to manage and display the digital wine list.
• Account: the Client’s administration space on the Platform (management of the wine list, establishments, invoices, etc.).
• User: any person authorised by the Client to access the Platform (administrator, manager, waiter/waitress, sommelier, etc.).
• Services: all features provided by Winevizer (management of the wine list, display via QR/tablet, filters, recommendations, etc.).
• Licence: the right to use the Platform for one or more Establishments, invoiced monthly or annually.

3. PURPOSE

The purpose of these Terms is to:

• Define the conditions under which Winevizer provides its Services in SaaS mode to the Client;
• Govern the rights and obligations of Winevizer, the Client and the Users in connection with the use of the Platform.

4. SUBSCRIPTION TO THE PLAN

4.1. Order process

The Subscription may be taken out:

• Either via a quotation validated by the Client;
• Or directly online at https://app.winevizer.com.

The order is considered firm and final as soon as:

• The order form has been paid; or
• Online payment for a Subscription has been made.

4.2. Subscription per establishment

By default:

• One Subscription covers a single Establishment.
• For several restaurants/bars, the Client must subscribe to one Licence per Establishment, or to a multi-establishments plan if one is offered.

4.3. Refusal or suspension of an order

Winevizer reserves the right to refuse or suspend a Subscription in particular in the event of:

• Non-payment or payment incident;
• Fraud or attempted fraud;
• Non-compliance with these Terms.

5. PRICES, INVOICING AND PAYMENT

5.1. Prices

Prices:

• Are indicated in euros, excluding taxes;
• Are those shown on the order form or the online order summary at the time of subscription;
• May vary in the event of changes to the offer or the Services.

Discounts or special conditions are specified in the order form or the commercial offer.

5.2. Invoicing and payment

• The Subscription is invoiced monthly or annually, depending on the chosen option.
• Payment is made by direct debit via the payment service provider (currently Stripe) or any other means offered by Winevizer.
• The Client undertakes to keep its payment details up to date and to authorise debits.

Invoices are made available in the Account and/or sent by email to the address provided by the Client.

5.3. Default of payment

In the event of non-payment:

1. Winevizer may suspend any export or certain features;
2. If the non-payment persists, Winevizer may suspend access to the Platform after a reasonable period;
3. Full access may be restored once payments have been regularised.

6. TERM – RENEWAL – TERMINATION

6.1. Term

Unless otherwise stated:

• The Subscription is entered into for an initial period of 1 month or 12 months (depending on the chosen offer).

6.2. Tacit renewal

At the end of the initial period, the Subscription is tacitly renewed for successive periods of the same duration, unless terminated by the Client.

6.3. Termination by the Client

The Client may terminate:

• A monthly Subscription: via the Platform or in writing, at the latest 1 month before the next due date;
• An annual Subscription: via the Platform or in writing, at the latest 1 month before the anniversary date.

Termination does not give rise to any refund of periods already invoiced and started.

6.4. Termination for breach

Each party may terminate the Subscription automatically in the event of a serious breach by the other party of its obligations, not remedied within 15 days from written notification of the breach.

Winevizer may terminate the Subscription immediately in the event of:

• Manifestly abusive or unlawful use of the Platform;
• Repeated non-compliance with these Terms.

7. ACCOUNT, ACCESS AND USERS

7.1. Creation of the account

After the order is validated, Winevizer:

• Creates the Client Account,
• Sends the administrator login details to the designated contact person.

The Client may also create their own account directly on the Platform.

7.2. Login details and security

Login details and passwords:

• Are strictly personal and confidential;
• Must not be disclosed to unauthorised third parties.

The Client and the Users:

• Are responsible for any activity carried out with their login details;
• Must inform Winevizer in the event of loss, theft or suspected fraudulent use.

Winevizer cannot be held liable for any damage resulting from poor management of login details by the Client or its Users.

8. PLATFORM OPERATION – MAINTENANCE – SUPPORT

8.1. Technical access

The Platform is accessible:

• Via a modern web browser (excluding Internet Explorer),
• And/or via applications provided by Winevizer.

An Internet connection is required. Network access costs are borne by the Client.

8.2. Maintenance and updates

Winevizer may carry out:

• Corrective or evolutionary updates;
• Planned maintenance operations which may result in temporary slowdowns or unavailability.

Except in emergencies, the Client is informed in advance via the Platform or by email.

8.3. Support

For the duration of the Subscription, the Client benefits from technical support (email and/or telephone depending on the offer), during the time slots specified by Winevizer.

Additional training and support may be offered as an option.

9. INTELLECTUAL PROPERTY

9.1. Winevizer’s rights

Winevizer remains the sole holder of all intellectual property rights relating to:

• The Platform (code, architecture, features);
• Graphic elements, logos, “Winevizer” trademarks;
• Databases created and enriched by Winevizer.

No ownership rights are transferred to the Client, who only benefits from:

A non-exclusive, non-transferable licence to use the Platform, limited to its declared Establishments and to the duration of the Subscription.

9.2. Client content

The Client remains the owner:

• Of its data (wine list, prices, descriptions, photos it has provided, logo, texts, etc.).

The Client is fully responsible for ensuring that this content:

• Respects third-party rights (intellectual property, image rights, trademarks, etc.);
• Complies with applicable laws (alcohol, advertising, protection of minors, etc.).

The Client indemnifies and holds Winevizer harmless from any third-party claim in this respect.

9.3. Contribution to the database

When the Client adds graphic elements or product information (for example label photos, technical sheets), it may, if it so wishes, authorise Winevizer to:

• Reuse this content to enrich the general database (for other Clients).

In this case, the Client grants Winevizer a non-exclusive right to use this content, solely for the needs of the Platform.

10. AUTHORISED USE – CONTENT

The Client and the Users undertake to:

• Use the Platform only in a professional context;
• Not to publish content that is:
  • Illegal, defamatory, insulting, racist, discriminatory, violent, pornographic or contrary to human dignity;
  • Non-compliant with regulations on alcohol, advertising, protection of minors, etc.

The Client undertakes to inform Winevizer of any vulnerability, bug or abnormal use of which it becomes aware.

In the event of non-compliance, Winevizer may:

• Suspend or delete the access concerned;
• Terminate the Subscription, without prejudice to any damages.

11. LIABILITY

11.1. Winevizer’s liability

Winevizer:

• Uses reasonable means to ensure the proper functioning of the Platform;
• Cannot guarantee continuous availability or the total absence of bugs.

Winevizer cannot be held liable for:

• Interruptions linked to the Internet, access providers, hosting providers or the configuration of the Client’s hardware;
• Data loss if the Client does not make regular backups of its exports;
• Indirect damage (loss of turnover, loss of customers, loss of opportunity, etc.).

In any event, Winevizer’s total liability, all damages combined, is limited to the amount, excluding taxes, received under the Subscription during the 12 months preceding the event giving rise to the damage.

11.2. Client’s liability

The Client is solely responsible for:

• The information displayed to its end customers via the digital wine list (prices, vintages, allergens, legal notices, etc.);
• The use of the Platform by its Users;
• Compliance with all laws and regulations applicable to its activity (HORECA, alcohol, taxation, employment law, etc.).

12. PERSONAL DATA & CONFIDENTIALITY

12.1. Personal data

Winevizer processes personal data for:

• Management of the Subscription;
• Access to the Platform;
• Invoicing and commercial follow-up.

Winevizer undertakes to:

• Comply with the applicable regulations (in particular GDPR);
• Implement reasonable technical and organisational measures to protect the data.

Data subjects (Clients / Users) have the rights:

• To access, rectification, erasure (within legal limits), restriction, objection, and portability.

Requests may be sent to: contact@winevizer.com.

12.2. Confidentiality

Each party undertakes to:

• Keep confidential the technical, commercial or financial information to which it has access in the context of the Subscription;
• Not disclose it to third parties, except where required by law or to service providers bound by confidentiality.

13. FORCE MAJEURE

Neither party shall be held liable for any delay or failure due to an event of force majeure within the meaning of the applicable law (large-scale outage, disaster, war, pandemic, etc.).

If such an event continues for more than 30 days, each party may terminate the Subscription by written notification.

14. ASSIGNMENT – REFERENCES

• The Client may not assign its Subscription without Winevizer’s written consent.
• Winevizer may mention the Client’s name and logo as a commercial reference (website, presentations, social networks), unless the Client expressly objects.

15. AMENDMENT OF THE TERMS

Winevizer may amend these Terms, in particular in the event of:

• Changes to the offer;
• Legal or regulatory changes.

The applicable Terms are those in force:

• On the subscription date, for the current contractual period;
• Then, upon renewal, the new version may be submitted for the Client’s acceptance.

16. APPLICABLE LAW – JURISDICTION

These Terms and any dispute relating to their performance are governed by Belgian law.

Failing an amicable settlement, the competent courts shall be those of the judicial district of Mons, without prejudice to mandatory jurisdiction rules.

ANNEX: GENERAL TERMS OF USE (GTU) – USERS

These GTU apply to any person (User) to whom the Client grants access to the Platform.

A1. ACCESS AND LOGIN DETAILS

• The User accesses the Platform via an email address and a password.
• These login details are personal and confidential.
• The User must:
  • Keep them secret;
  • Inform the Client or Winevizer in the event of loss or suspected misuse.

In the event of the end of the relationship between the Client and the User (e.g. departure of an employee), it is the Client’s responsibility to deactivate access.

A2. AUTHORISED USE

The User:

• Must use the Platform only in the context of their duties within the Establishment;
• Must not:
  • Attempt to bypass protections;
  • Exploit vulnerabilities or bugs;
  • Overload, damage or disrupt the service.

The rules on unlawful or inappropriate content (see Article 10 above) apply fully to the User.

A3. INTELLECTUAL PROPERTY

The User acknowledges that:

• The Platform and all its components are the property of Winevizer;
• The User only has a limited right of use, defined by the contract between Winevizer and the Client.

The User is prohibited from:

• Copying, reproducing, adapting or distributing the Platform’s code or interface;
• Mass-extracting data from the Winevizer database, except via the features provided.

A4. USER’S LIABILITY

The User is responsible for:

• The way they use the Platform;
• The data they enter or validate (for example comments, descriptions, ratings, etc.).

In the event of a breach of the GTU, Winevizer may:

• Suspend or delete the User’s access;
• Inform the Client;
• Keep any useful evidence (logs, screenshots, etc.) for possible action.