Terms of Use

GENERAL TERMS AND CONDITIONS OF USE OF THE HAVELIA APPLICATION

Version dated 28/10/2026

NOTE TO THE USER

Before logging in and using the HAVELIA website and/or mobile application, please carefully read these General Terms and Conditions of Use (hereinafter the "T&Cs").

These T&Cs constitute a contract between HAVELIA and any User accessing the Platform, within the meaning of Articles 1101, 1102, 1103 and 1104 of the French Civil Code. Use of the Platform implies full and complete acceptance of these T&Cs. If you do not accept these conditions, you must not access or use the Platform.

ARTICLE 1 – IDENTIFICATION OF THE PUBLISHER

The HAVELIA Platform is published by:

HAVELIA
Simplified joint-stock company (SAS)
Share capital: €100
Registered office: 67 rue du Noyer Pigeon, 37500 Chinon, France
Registered with the Paris Trade and Companies Register under number 101 916 591
Chairman: Sébastien YHUEL
Email address: contact@havelia.app

The Platform is accessible via website and mobile application.

ARTICLE 2 – DEFINITIONS

For the purposes of these T&Cs, the following terms have the meanings set out below:

Application / Platform: refers to the HAVELIA digital service accessible via website and/or mobile application.

User: refers to any natural or legal person accessing the Platform, in any capacity whatsoever.

Buyer: refers to any User with a real estate purchase project.

Seller: refers to any User offering a property or wishing to enter into contact with a Buyer.

Partner: refers to any professional or company listed on the Platform in connection with services related to the real estate ecosystem, including but not limited to brokers, builders, project managers, movers, cleaning companies, insurers, pool specialists, construction companies, clearance companies, property diagnosticians, craftspeople or any other professional useful to a real estate project.

User Account: refers to the personal space created by the User upon registration.

Pack Pro: refers to the paid offer intended for professionals allowing the publication of up to twenty (20) simultaneously active listings, at the rate of €39.90 per month, subject to the conditions displayed at the time of subscription.

Pack Pro+: refers to the paid offer intended for professionals allowing the publication of up to one hundred (100) simultaneously active listings, at the rate of €59 per month, subject to the conditions displayed at the time of subscription.

Custom Offer: refers to any specific offer provided on quotation to professionals wishing to publish more than one hundred (100) listings.

Content: refers to any data, listing, text, image, document, supporting document, message, information, descriptive element, photograph, comment or file published, transmitted, uploaded or made accessible on the Platform.

Personal Data: refers to any information relating to an identified or identifiable natural person within the meaning of Regulation (EU) 2016/679 of 27 April 2016, known as the "GDPR".

Trial Stay: refers to the optional possibility that a Seller may choose to offer a Buyer for a temporary test stay in a property, under the sole responsibility of the Users concerned and outside of any organization by HAVELIA.

ARTICLE 3 – PURPOSE OF THE T&Cs

The purpose of these T&Cs is to define the conditions of access, registration, navigation and use of the HAVELIA Platform, as well as the respective rights and obligations of HAVELIA and Users.

The HAVELIA Platform is a digital matchmaking platform enabling in particular:

account creation;
real estate project creation;
publication of real estate listings;
connecting buyers, sellers and partners;
access to an internal messaging system;
access to paid professional offers;
access to visibility or profile qualification features.

These T&Cs are entered into in accordance with the general law of contracts under the French Civil Code.

ARTICLE 4 – EFFECTIVE DATE AND ENFORCEABILITY OF THE T&Cs

These T&Cs take effect from the date of their publication online and become enforceable against the User upon express acceptance when creating their Account or, failing that, upon use of the Platform.

In accordance with Article 1366 of the French Civil Code, electronic writing has the same evidentiary value as writing on paper, provided that the person from whom it originates can be duly identified and that it is established and stored under conditions that guarantee its integrity. Electronic validation of the T&Cs, forms, subscriptions, orders or transactions carried out on the Platform constitutes an electronic signature and contractual commitment by the User.

The T&Cs remain applicable throughout the entire duration of use of the Platform.

ARTICLE 5 – MODIFICATION OF THE T&Cs

HAVELIA reserves the right to modify these T&Cs at any time, in particular to:

comply with any legal, regulatory, case law or technical developments;
develop the features of the Platform;
adapt its business model, offers or operating methods;
strengthen Platform security.

In accordance with the pre-contractual information obligation provided by the French Consumer Code, Users will be informed of substantial modifications by any appropriate means. Any use of the Platform after the entry into force of the modified version constitutes acceptance of the new version.

ARTICLE 6 – ACCESS TO THE PLATFORM AND TECHNICAL REQUIREMENTS

Access to the Platform is available via a website and/or a mobile application compatible with iOS and Android, subject to technical developments by HAVELIA.

The User must have:

compatible computer or mobile equipment;
internet access;
a valid email address;
where applicable, an active User Account.

Internet access and equipment costs remain exclusively the responsibility of the User.

In accordance with Article 1145 of the French Civil Code, any natural person entering into a contract must have the required legal capacity. The User declares that they have the legal capacity necessary to use the Platform or, if acting on behalf of a legal entity, that they have the necessary authority to bind it.

HAVELIA does not guarantee the compatibility of the Platform with all hardware, operating systems, browsers, software versions or technical environments of the User.

ARTICLE 7 – CREATION OF THE USER ACCOUNT

7.1 Registration methods

Registration on the Platform may be carried out using the technical methods available at the time of registration, including via:

Apple;
Google;
email;
or any other method subsequently made available.

7.2 Information provided

Upon registration, the User undertakes to provide accurate, complete, up-to-date and non-misleading information. HAVELIA may request in particular:

last name;
first name;
email address;
phone number, where applicable;
real estate project;
budget;
desired geographic area;
and any other information useful for the operation of the Platform.

7.3 Financing certificate

HAVELIA may allow the Buyer to submit a financing certificate or any equivalent supporting document.

This certificate:

is not mandatory, unless otherwise stated for a specific feature;
is strongly recommended to improve profile qualification;
is used for internal qualification and trust purposes;
is not disclosed in full to Sellers;
may, where applicable, result in the display of a simple status or summary indication, without transmission of the raw document.

7.4 Verification and refusal of registration

HAVELIA reserves the right to refuse registration, suspend or delete an Account in the event of:

inaccurate, incomplete, outdated or false information;
identity theft;
fraud or attempted fraud;
non-compliance with these T&Cs;
risk to the security of the Platform or other Users.

In accordance with the principles of the GDPR, data collected must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed; it must also be accurate and, where necessary, kept up to date.

ARTICLE 8 – LOGIN CREDENTIALS, ACCESS CODES AND ACCOUNT SECURITY

The User is solely responsible for safeguarding their credentials and for any use made from their Account, unless there is proof of fraudulent access exclusively attributable to a fault by HAVELIA.

The User undertakes to inform HAVELIA without delay of any loss, disclosure, unauthorized use or suspicion of fraudulent access to their Account.

In accordance with the general law of civil liability, any fault, negligence or carelessness by the User in safeguarding their credentials may engage their liability.

HAVELIA may implement any useful security measure, including enhanced authentication, email address verification, access limitation, temporary blocking or requests for additional supporting documents.

ARTICLE 9 – GENERAL DESCRIPTION OF SERVICES

The HAVELIA Platform enables in particular:

creation and management of a user profile;
creation of a real estate project;
publication and distribution of real estate listings;
viewing profiles, listings and projects, according to the rights granted by the Platform;
connecting Buyers, Sellers and Partners;
use of an internal messaging system;
access to paid services or enhanced visibility features;
access to professional offers, including Pack Pro and Pack Pro+.

The features offered may change at any time. HAVELIA may add, modify, suspend or remove all or part of the services, without compensation, subject to any mandatory rights applicable to the Users concerned.

ARTICLE 10 – NATURE OF THE PLATFORM – TECHNICAL SERVICE PROVIDER / HOST

HAVELIA is a technical matchmaking platform providing digital means for publication, consultation, referencing, communication and contact.

HAVELIA is not a party to the relationships, contracts, promises, commitments, payments, services or transactions concluded between Users or between a User and a Partner.

HAVELIA operates, depending on the effective configuration of its services, within the framework of the regime applicable to technical service providers and hosting services provided for by Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN). The liability of the technical service provider / host is not engaged for stored content if it had no actual knowledge of its unlawful nature or if, as soon as it became aware of it, it acted promptly to remove the data or make access to it impossible.

The User acknowledges that HAVELIA does not carry out systematic prior monitoring of all Content published by Users.

ARTICLE 11 – ABSENCE OF REAL ESTATE AGENT ACTIVITY AND ABSENCE OF MANDATE

The HAVELIA Platform is designed as a digital matchmaking tool.

Unless there is a separate, express contract that complies with applicable regulations, HAVELIA does not carry out any activity falling under Law No. 70-9 of 2 January 1970, known as the "Hoguet Law".

In particular, HAVELIA does not carry out:

real estate transactions on behalf of third parties;
legal or financial negotiations on behalf of third parties;
drafting of deeds;
collection of funds, instruments or securities on behalf of third parties;
property valuations engaging the professional liability of a real estate agent;
sale, purchase or search mandates.

Users acknowledge that they act in their own name and under their sole responsibility in their exchanges and decisions.

ARTICLE 12 – GENERAL OBLIGATIONS OF THE USER

The User undertakes to use the Platform in good faith, in accordance with these T&Cs, applicable laws and regulations, and the rights of third parties.

The User shall refrain in particular from:

publishing Content that is unlawful, fraudulent, misleading or infringes the rights of third parties;
impersonating a third party;
transmitting false supporting documents or false listings;
disrupting or attempting to disrupt the operation of the Platform;
fraudulently accessing HAVELIA’s systems;
circumventing the commercial or technical limitations of the Platform;
infringing the intellectual property rights of HAVELIA or third parties;
collecting or exploiting other Users’ data unlawfully.

In accordance with Articles 1104 and 1240 of the French Civil Code, the User remains liable for the use they make of the Platform and for any damage they may cause to HAVELIA or to third parties.

ARTICLE 13 – CONTENT PUBLISHED BY USERS

13.1 Principle

Users may publish listings, real estate projects, messages, descriptions, photographs, documents or other Content on the Platform.

The User is solely responsible for the Content they publish, transmit, store, make accessible or distribute via the Platform. A text suggested by the Kleo assistant from the User’s information becomes the User’s Content once they keep it; it is for the User to review and correct it before publication.

13.2 User warranties

The User warrants:

that they hold the necessary rights to the published Content;
that the Content is accurate, fair and not misleading;
that the Content does not infringe the rights of third parties, including the right to one’s image, the right to privacy, copyright, related rights, trademark rights and database rights;
that the Content complies with the law and these T&Cs.

13.3 Prohibited content

It is prohibited in particular to publish:

any unlawful content;
any defamatory, insulting, discriminatory, violent or hateful content;
any false or fraudulent listing;
any falsified supporting document;
contact details or data of third parties without a legal basis;
malicious programs, scripts or fraudulent links.

13.3 bis – Information relating to property diagnostics and the Energy Performance Certificate (DPE)

For any property listing published on the Platform, the Seller undertakes to provide, under their sole responsibility, all information legally required under applicable regulations, in particular information relating to the Energy Performance Certificate (DPE) where such certificate is required.

The Seller warrants that the information entered in the listing concerning the DPE, the energy rating, the greenhouse gas emissions rating, any notice relating to excessive energy consumption, the estimated theoretical annual energy expenditure, and more generally any information derived from a mandatory property diagnostic, is accurate, fair, up to date and consistent with the legally required documents.

Where the Platform allows the Seller to select a notice such as "DPE in progress", "not subject to DPE" or any equivalent notice, the Seller declares and warrants, under their sole responsibility:

that this notice corresponds to the actual and legally applicable situation of the property concerned;
that they are able to provide supporting evidence upon first request from HAVELIA;
that they will update the listing without delay as soon as the final information or required supporting documents become available.

The Seller acknowledges that it is their sole responsibility to verify whether the property is subject to the DPE obligation or any other diagnostic obligation, and to ensure that their listing complies with applicable legal and regulatory provisions.

The provision by HAVELIA of a field, option, dropdown menu or predefined notice, in particular "DPE in progress" or "not subject to DPE", does not constitute legal validation of the listing, verification of the regulatory compliance of the property’s situation, or approval of the content entered by the Seller.

HAVELIA acts exclusively as a technical intermediary service provider and does not carry out any systematic prior verification of the validity, accuracy, completeness, enforceability or regulatory compliance of the information and documents relating to diagnostics entered by the Seller.

Consequently, the Seller remains solely responsible for:

the absence of any required diagnostic;
the failure to update the listing;
any error, omission, inaccuracy or false declaration relating to the DPE or any other diagnostic;
and, more generally, any non-compliance of the listing with applicable regulations.

HAVELIA reserves the right, at its sole discretion, without notice or compensation, to request any useful supporting document, to suspend, unpublish or delete any listing in the event of legitimate doubt, absence of supporting evidence, inconsistent information, a manifestly erroneous, misleading or non-compliant notice, or more generally in the event of a breach by the Seller of their legal or contractual obligations.

13.4 Removal and moderation

HAVELIA reserves the right, without notice or compensation, to remove, suspend, unpublish or make inaccessible any Content that is manifestly contrary to these T&Cs or applicable regulations.

The technical service provider / host regime provided by the LCEN includes an obligation to act promptly upon becoming aware of unlawful content.

ARTICLE 14 – REPORTING UNLAWFUL CONTENT

Any User or third party may report manifestly unlawful Content to HAVELIA at the following address: contact@havelia.app.

The report should, to the extent possible, include:

the identity of the notifier;
a precise description of the disputed Content;
its precise location on the Platform;
the legal grounds for the report;
and any useful information enabling its identification and processing.

HAVELIA will review reports received and take, where appropriate, any suitable measure, including content removal, Account suspension, request for additional information or referral to the competent authorities.

The LCEN provides a specific framework for the notification of unlawful content and also sanctions abusive notifications made in bad faith.

ARTICLE 15 – INTERNAL MESSAGING AND EXCHANGES BETWEEN USERS

The Platform may provide an internal messaging system intended to facilitate exchanges between Users.

This messaging system may not be used for:

harassment;
sending unlawful, insulting or threatening messages;
mass sending of unsolicited messages;
unlawful collection of personal data;
misuse of the purpose of the Platform.

HAVELIA reserves the right to implement technical or human security, filtering, moderation or abuse prevention measures, in compliance with applicable regulations.

ARTICLE 16 – PROFESSIONAL PARTNERS

The Platform may list professional Partners operating within the scope of a real estate project, including:

brokers;
insurers;
builders;
project managers;
construction companies;
movers;
cleaning companies;
clearance companies;
pool specialists;
property diagnosticians;
or any other professional related to the real estate ecosystem.

HAVELIA acts solely as a technical matchmaking intermediary and does not guarantee the quality, availability, solvency, regulatory compliance or outcome of Partner services.

The contractual, financial and operational relationships between a User and a Partner are independent of HAVELIA.

In accordance with the general law of civil liability, each professional remains liable for their own services, faults and failings.

ARTICLE 17 – PAID OFFERS – PACK PRO / PACK PRO+

17.1 Description of offers

HAVELIA offers paid subscriptions intended for real estate professionals.

As of the date of these T&Cs, the available offers are as follows:

Pack Pro: publication of up to twenty (20) simultaneously active listings, at a price of €39.90 per month;
Pack Pro+: publication of up to one hundred (100) simultaneously active listings, at a price of €59 per month.

Any professional wishing to publish more than one hundred (100) listings must contact HAVELIA to obtain a specific quotation.

17.2 Use of offers

The Pack Pro and Pack Pro+ offers provide access, depending on the subscribed plan, to professional features and a maximum number of simultaneously active listings.

Any attempt to circumvent the limits, including through the creation of multiple accounts, artificial duplication of listings, use of nominees or any other method intended to exceed contractual limits, is prohibited.

HAVELIA reserves the right to suspend, remove or refuse any listing, any account or any subscription in the event of circumvention or attempted circumvention.

17.3 Payment

Payment may be made by any payment method offered on the Platform, including via Apple, Google, Stripe or any other third-party provider.

Payment transactions are carried out under the responsibility of the relevant payment provider, according to its own contractual terms. HAVELIA does not store complete banking data when processing is entrusted to a specialized provider.

17.4 Duration and renewal

Pack Pro and Pack Pro+ subscriptions are entered into for the duration displayed at the time of subscription, generally monthly, with or without automatic renewal depending on the chosen plan and the information presented at the time of order.

When automatic renewal applies to a consumer, the French Consumer Code requires specific information regarding the terms of non-renewal and termination.

17.5 Right of withdrawal

When a paid offer is subscribed to remotely by a consumer, the consumer benefits, unless a legal exception applies, from a fourteen (14) day period to exercise their right of withdrawal from the date the contract is concluded.

If the consumer expressly requests the commencement of service performance before the expiry of the withdrawal period, they acknowledge that their right of withdrawal may be lost when the service has been fully performed before the end of that period, under the conditions provided by law.

The right of withdrawal and its exceptions are governed by Articles L221-18 and L221-28 of the French Consumer Code.

17.6 Termination

The terms of termination of the offers are specified at the time of subscription and on the Platform.

When the consumer can conclude the contract electronically, the professional must provide a free feature enabling online notification and the steps necessary for contract termination, in accordance with Article L215-1-1 of the French Consumer Code.

Any monthly period that has begun remains due, unless a mandatory legal provision provides otherwise or a more favorable commercial commitment applies.

Upon expiry or termination of the subscription, HAVELIA may suspend or unpublish listings exceeding the quota authorized by the offer retained, if any, or in the absence of an active offer.

17.7 Suspension of paid offers

HAVELIA may suspend access to all or part of the paid offers in the event of:

non-payment;
fraud or attempted fraud;
non-compliance with the T&Cs;
unauthorized exceeding of limits;
abusive use of the Platform.

ARTICLE 18 – TRIAL STAY

18.1 Principle

The Platform may allow a Seller to indicate that they are willing, on an optional basis, to offer a trial stay to a Buyer.

18.2 Freedom of contract between Users

The trial stay falls exclusively within the freedom of contract of the Users concerned. It is for the Users to decide whether or not they wish to enter into an agreement, to define its conditions and to assume all consequences thereof.

The principle of freedom of contract is established by Article 1102 of the French Civil Code, within the limits set by law and public policy.

18.3 Absence of intervention by HAVELIA

HAVELIA does not organize the trial stay and does not intervene in:

the final selection of persons admitted to the property;
the handover of keys;
the inventory of fixtures;
the setting of a price, consideration or deposit;
the collection of payment;
the duration of occupancy;
the practical arrangements for reception;
the verification of insurance;
the regulatory, tax, administrative or planning compliance of the planned stay.

18.4 Absence of qualification as an accommodation service by HAVELIA

The trial stay offered between Users does not constitute an accommodation service provided by HAVELIA.

HAVELIA does not act as a landlord, rental intermediary, real estate agent, agent, or booking platform organizing the stay.

18.5 Obligations of Users

The Seller and the Buyer acknowledge that it is exclusively their responsibility to:

verify the identity of their counterparty;
verify the legality of the transaction with regard to applicable regulations;
verify the necessary insurance, including civil liability, home insurance, supplementary or professional guarantees;
obtain the necessary authorizations;
formalize in writing any useful conditions;
provide, where applicable, a security deposit, guarantee, inventory, inventory of fixtures, rules of occupancy and safety instructions.

18.6 Exclusion of HAVELIA’s liability

HAVELIA disclaims all liability in respect of trial stays, in particular in the event of:

dispute;
cancellation;
bodily or property damage;
theft;
degradation;
disturbance of enjoyment;
loss or damage;
regulatory non-compliance;
tax or insurance consequences;
or any direct or indirect loss suffered in connection with the trial stay.

In accordance with the general rules of civil liability, each User remains liable for the damage they cause to others.

ARTICLE 19 – INTELLECTUAL PROPERTY

All elements comprising the HAVELIA Platform, including its architecture, structure, interface, ergonomics, texts, graphics, logos, distinctive signs, software, databases, editorial content and features, are protected by the French Intellectual Property Code.

Any reproduction, representation, adaptation, modification, extraction, reuse, exploitation or distribution, in whole or in part, of all or part of the Platform, by any means whatsoever, without the prior written authorization of HAVELIA, is prohibited.

HAVELIA grants the User only a personal, precarious, non-exclusive, non-transferable and revocable right of access and use of the Platform, for their own needs only and in accordance with these T&Cs.

The User retains the rights they hold over their own Content but grants HAVELIA, for the strict purposes of operating the Platform, a non-exclusive, free, worldwide license for the duration necessary for the performance of the service, in order to host, store, reproduce, display and technically adapt the published Content.

ARTICLE 20 – PERSONAL DATA

Users’ personal data is processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and French Law No. 78-17 of 6 January 1978, as amended, known as the "Data Protection Act".

HAVELIA acts as data controller for the personal data processing carried out in the context of operating the Platform. The data collected is limited to what is strictly necessary for the purposes pursued. It is processed lawfully, fairly, transparently and securely.

Personal data may be processed for the following purposes in particular:

creation, management and security of the User Account;
management of real estate projects, listings, matchmaking and exchanges between Users;
profile qualification and verification of transmitted information;
management of professional offers, invoicing, payments and contractual follow-up;
user relationship management, support and complaints;
sending service communications;
sending, where regulations permit, commercial communications;
fraud prevention, Platform security and dispute management;
compliance with HAVELIA’s legal, accounting, tax and regulatory obligations.

The processing carried out by HAVELIA is based, as applicable, on one of the following legal bases:

the performance of a contract or pre-contractual measures;
compliance with a legal obligation;
the legitimate interest of HAVELIA, in particular for Platform security, fraud prevention, service improvement and, where legally possible, commercial prospecting;
the consent of the User where required.

The categories of data that may be processed include in particular:

identification and contact data;
data relating to the account, real estate project and listings;
connection data, technical logs and security data;
data relating to exchanges made via the Platform;
data relating to subscriptions, payments and invoicing;
supporting documents voluntarily transmitted by the User, including financing certificates or equivalent documents, where such a feature is offered.

The recipients of the data are, within the limits of their respective responsibilities:

authorized HAVELIA departments;
HAVELIA’s technical subcontractors acting on its behalf, including hosting provider, messaging tools, payment solution, support or audience measurement solution;
administrative or judicial authorities where required by law;
and, where applicable, other Users for only the information that the User chooses or agrees to make visible via the Platform.

Personal data is retained for a period not exceeding that necessary for the purposes for which it is processed. In accordance with CNIL recommendations, the retention periods or, failing that, the criteria for determining them, must be brought to the attention of the data subjects.

In this regard, HAVELIA applies in particular the following retention rules:

Data relating to the User Account is retained for the entire duration the account is maintained. In the event of prolonged inactivity, the account may be deemed inactive and deleted within a reasonable period. In this regard, the CNIL recommends, for inactive online accounts, a period of two (2) years from the last action by the person.

Data relating to customers used for commercial prospecting purposes may be retained during the commercial relationship, then for a period of three (3) years from the end of that commercial relationship. Data relating to non-customer prospects may be retained for a period of three (3) years from their collection or the last contact from the prospect.

Data relating to subscriptions, orders, invoices and accounting documents is retained for the applicable legal periods, in particular ten (10) years for invoices and accounting documents from the close of the financial year or their preparation, depending on the nature of the documents.

Data relating to complaints, pre-litigation and litigation may be retained for the period necessary to process the request, then archived for the applicable limitation period, where necessary for the establishment, exercise or defense of legal claims. The CNIL allows archiving when retention is justified by a legal obligation or by the need to establish evidence in the event of litigation.

Data relating to the exercise of GDPR rights is retained for the time necessary to process the request, then archived for evidentiary purposes for the applicable limitation period. The CNIL also notes that the data controller has, in principle, a maximum period of one month to respond to a rights exercise request, subject to the conditions provided by regulations.

Supporting documents voluntarily transmitted, including financing certificates or equivalent documents, are retained for the time strictly necessary for the analysis and qualification of the relevant file, then deleted or archived in restricted form where evidentiary or regulatory retention is necessary. In the absence of a particular need, these documents are not intended to be retained beyond the useful period for processing the relevant project.

Data may be retained for longer in intermediate archival form where a legal obligation requires it or where such retention is necessary as proof of a right or for dispute management.

The User has, subject to applicable legal conditions, a right of access, rectification, erasure, restriction of processing, objection and data portability. The User may also define directives regarding the fate of their data after their death, under the conditions provided by French law. Any request may be sent to the following address: contact@havelia.app. The CNIL notes that a response must in principle be provided within a maximum period of one month.

The User also has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL).

The full terms of personal data processing, including details of purposes, legal bases, recipients, retention periods, security measures and procedures for exercising rights, are set out in the HAVELIA Privacy Policy, accessible on the Platform.

ARTICLE 21 – COOKIES AND TRACKERS

The Platform may use cookies, SDKs, pixels, session tokens and other trackers.

Trackers strictly necessary for the technical operation of the Platform may be placed without consent when their sole purpose is to enable or facilitate communication by electronic means or when they are strictly necessary for the provision of a service expressly requested by the User.

Other trackers, in particular those related to non-exempt audience measurement, personalization, advertising or the use of third-party services, are subject to the prior consent of the User where applicable regulations require it.

The User may at any time configure, accept or refuse the use of these trackers via the cookie banner, preference center or any other tool made available on the Platform.

Detailed information regarding the cookies and other trackers used by HAVELIA, their purposes, their lifespans and the means of opposition or withdrawal of consent are set out in the Cookie Policy or in the Privacy Policy accessible on the Platform.

ARTICLE 22 – AVAILABILITY, MAINTENANCE AND HOSTING

HAVELIA uses all reasonable means to ensure normal access to the Platform.

However, HAVELIA is bound by an obligation of means and not of result regarding the availability, operation, security and continuity of the Platform.

Access to the Platform may be interrupted, suspended or limited, in particular for reasons of:

maintenance;
updates;
technical developments;
hosting incidents;
breakdowns;
security;
or force majeure.

No compensation may be claimed solely on the basis of temporary unavailability of the Platform.

As of the date of these T&Cs, technical hosting is provided via Amazon Web Services infrastructure. AWS legal pages indicate, for EMEA in particular, the entity Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg.

In accordance with Article 32 of the GDPR, HAVELIA implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

ARTICLE 23 – LIABILITY

23.1 Principle

HAVELIA is liable under the conditions of ordinary law, subject to the limitations provided for in these T&Cs and applicable mandatory provisions.

23.2 Exclusions of liability

HAVELIA shall not be held liable in particular for:

Content published by Users;
the accuracy, completeness or currency of information provided by Users or Partners;
relationships between Users;
transactions concluded between Users;
services provided by Partners;
decisions made by Users;
loss of opportunity or indirect damages;
consequences of a trial stay;
malfunctions attributable to a third party, the User or a case of force majeure;
the absence, inaccuracy, obsolescence, non-compliance or misleading nature of information, notices or documents relating to the DPE or any other mandatory property diagnostic, entered or transmitted by a User;

23.3 Limitation of liability

Subject to mandatory legal provisions to the contrary, and except in the case of gross negligence, willful misconduct, bodily injury or circumstances in which such a limitation would be prohibited, HAVELIA’s total liability, all causes combined, is limited to the higher of:

the amounts actually paid by the User to HAVELIA during the six (6) preceding months;
and two hundred euros (€200).

23.4 Legal basis

Contractual and extra-contractual liability remains governed by the relevant provisions of the French Civil Code, in particular Articles 1217, 1231-1 and 1240.

ARTICLE 24 – SUSPENSION, DEACTIVATION AND DELETION OF THE ACCOUNT

HAVELIA may suspend, restrict or delete an Account, as of right, without notice or compensation, in the event of in particular:

non-compliance with these T&Cs;
fraud or attempted fraud;
false declaration;
identity theft;
unlawful Content;
abusive behavior;
interference with the operation or security of the Platform;
persistent non-payment;
absence of a required diagnostic, failure to provide requested supporting evidence, failure to update a listing, or inaccurate or misleading declaration relating to the DPE or any other mandatory property diagnostic;

Except in cases of urgency, HAVELIA will endeavor, to the extent possible, to inform the User concerned in advance.

The User may request the deletion of their Account at any time at the following address: contact@havelia.app.

Certain data may however be retained after deletion of the Account where such retention is necessary to:

comply with a legal obligation;
manage litigation;
establish proof of a right;
prevent fraud;
or fulfill accounting and tax obligations.

ARTICLE 25 – EVIDENCE AND AGREEMENT ON EVIDENCE

Computer records, connection logs, timestamps, electronic confirmations, emails, traffic data, acknowledgments of receipt, acceptance histories and other digital records maintained by HAVELIA or its service providers constitute admissible evidence in relations between the parties, unless proven otherwise.

In accordance with Article 1366 of the French Civil Code, electronic writing has the same evidentiary value as paper writing, subject to compliance with legal conditions.

ARTICLE 26 – FORCE MAJEURE

HAVELIA shall not be held liable in the event of non-performance or delay resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

The following may constitute cases of force majeure or similar events when they meet the legal conditions:

natural disasters;
fires;
floods;
massive cyberattacks;
widespread network outages;
unavailability of an essential third-party provider;
external strikes;
armed conflicts;
administrative or judicial decisions preventing normal operation of the Platform.

ARTICLE 27 – PARTIAL INVALIDITY

If one or more provisions of these T&Cs are held to be null, deemed unwritten, illegal or unenforceable, the remaining provisions shall retain their full force and effect.

The parties agree to replace the affected provision with a valid provision as close as possible to the original intent of the contract, in compliance with applicable law.

ARTICLE 28 – CONSUMER MEDIATION

In accordance with Article L.612-1 of the French Consumer Code, any consumer has the right to use a consumer mediator free of charge for the amicable resolution of a dispute with a professional.

Before contacting the mediator, the User must first send a written complaint to HAVELIA at: contact@havelia.app

Designated mediator:
CM2C
49 rue de Ponthieu, 75008 Paris
Phone: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

ARTICLE 29 – APPLICABLE LAW AND JURISDICTION

These T&Cs are governed by French law.

In the event of a dispute, the parties will endeavor to seek an amicable resolution.

Failing amicable agreement:

if the User has the status of a consumer, they may refer the matter either to one of the courts with territorial jurisdiction under ordinary law, or to the court of the place where they resided at the time the contract was concluded or the harmful event occurred, in accordance with Article R631-3 of the French Consumer Code;
in other cases, express jurisdiction is attributed to the materially competent courts within the jurisdiction of Paris, unless a mandatory legal provision provides otherwise.

ARTICLE 30 – CONTACT

For any question relating to the Platform or these T&Cs, the User may contact HAVELIA at the following address:

HAVELIA
67 rue du Noyer Pigeon, 37500 Chinon, France
Email: contact@havelia.app