Terms of Use

Article 1: Purpose

The purpose of these Terms is to define:

• the terms of access to and use of the Service by users ("Users") and by restaurant owners ("Restaurateurs" or "Professional Users");
• the reciprocal rights and obligations of the parties in this context;
• the rules applicable to content published on the Service;
• the conditions governing liability and the settlement of disputes.

The Terms apply to the exclusion of any other terms and conditions, in particular those applicable to other sales or marketing channels. They are enforceable against the User as from acceptance, which is deemed to be given without reservation.

Article 2: Definitions

• "Service": the labreak.app website, the LaBreak mobile application and all associated features (LaTrouvaille, LaMap, LaVitrine, AI-assisted search, etc.). The mobile application is forthcoming, its download button currently indicates that it is "coming soon", and, as of the date of these Terms, the Service in operation consists of the labreak.app website.
• "User": any natural person consulting or using the Service, with or without an account, acting for non-professional purposes.
• "Account": the personal space created by a User or a Restaurateur in order to access the features requiring authentication.
• "Restaurateur" / "Professional User": any natural or legal person acting in a professional capacity who claims or manages an Establishment Page via LaVitrine.
• "User Content": any content (reviews, ratings, comments, photographs, favourites, reports) published by a User on the Service.
• "Establishment Page": the page dedicated to a restaurant listed on the Service.
• "Consumer": within the meaning of European Union law and French law, any natural person acting for purposes outside the scope of their commercial, industrial, craft, liberal or agricultural activity.

Article 3: Acceptance and entry into force

Acceptance of the Terms is evidenced by ticking the dedicated box when creating an Account or, in the absence of an Account, by mere use of the Service, to the extent permitted by applicable law. Such acceptance constitutes an electronic signature and has, as between the parties, the same value as a handwritten signature within the meaning of Article 1367 of the Code civil.

The applicable Terms are those in force on the date on which the Service is used. LaBreak keeps a record of the successive versions, which may be consulted upon request at contact@labreak.app.

Article 4: Access to the Service and eligibility

4.1 Access without an Account

Part of the content of the Service (restaurant search, establishment pages, public information) is accessible without creating an Account. LaBreak reserves the right to restrict all or part of the Service at any time to Users holding an Account, in particular for reasons of security, fraud prevention or changes to its business model.

4.2 Minimum age

The creation of an Account is reserved for persons aged at least 15, in accordance with Article 8 of Regulation (EU) 2016/679 ("GDPR") as implemented in French law with respect to minors' consent to the processing of personal data in connection with information society services. By creating an Account, the User declares and accepts that they satisfy this age condition. Persons aged 15 to 17 must have the authorisation of their legal representative. LaBreak reserves the right to suspend any Account in respect of which reasonable doubt exists as to compliance with this condition.

4.3 Legal capacity

By creating an Account, the User declares that they have the legal capacity required to enter into this contract or, in the case of an authorised minor, that they have obtained the consent of their legal representative.

4.4 Geographic area

The Service is designed and optimised for use in Paris and the Île-de-France region. LaBreak guarantees neither the completeness nor the relevance of the Service outside this area and reserves the right to limit access to certain features depending on the User's location.

Article 5: Account creation and management

5.1 Registration

Creating an Account requires the provision of accurate, up-to-date and complete information (in particular a valid email address). Any fraudulent or incomplete registration, or any registration made under a false identity, may result in the suspension or deletion of the Account without notice.

5.2 One Account per User

Each User may hold only one Account, unless expressly authorised in writing by LaBreak. The creation of multiple or automated accounts, or of accounts created by means of robots, scripts or any other automated means, is strictly prohibited.

5.3 Security of credentials

The User is solely responsible for the confidentiality of their login credentials and for any activity carried out from their Account. The User undertakes to inform LaBreak without delay, at contact@labreak.app, of any unauthorised use of their Account or of any breach of security of which they become aware. LaBreak shall not be held liable for any loss or damage resulting from the User's failure to comply with this obligation.

5.4 Accuracy of information

The User undertakes to keep the information provided upon registration up to date, including following any subsequent change.

Article 6: Description of the Service

LaBreak offers, in particular:

• LaTrouvaille: a search engine, including AI-assisted search, enabling Users to identify restaurants according to criteria of their choosing (budget, payment method, type of cuisine, location, etc.);
• LaMap: an interactive map of the listed establishments;
• LaVitrine: a management area reserved for Restaurateurs to administer their Establishment Page;
• the ability to publish reviews, ratings, photographs and favourites;
• the ability to suggest the addition of an establishment to the directory.

The LaBreak mobile application is forthcoming: its download button currently indicates that it is "coming soon", and the Service currently provided consists of the labreak.app website. The provisions of these Terms relating to the mobile application shall apply as from its release.

LaBreak endeavours to maintain the accuracy of the information displayed (opening hours, accepted cards, set menus, prices), but this information originates in whole or in part from the Restaurateurs themselves or from third-party sources, and may change without LaBreak being informed in real time. LaBreak does not guarantee the accuracy, completeness or currency of this information and invites Users to verify it directly with the establishment concerned before travelling there, in particular for the elements that are decisive in their choice.

Features based on artificial intelligence: the results produced by AI-assisted search are generated automatically from the available data and may, like any automated system, contain inaccuracies, omissions or approximations. They constitute a decision-support aid and not a guaranteed recommendation. The User remains the sole judge of whether to follow these suggestions.

In its current version, the Service is provided free of charge to Users for the search and consultation features. LaBreak reserves the right to introduce paid features in the future, subject to prior notice to Users and, in the case of Consumers, their express consent in accordance with Article 12.

Article 7: General obligations of the User

By using the Service, the User undertakes to:

• comply with the laws and regulations in force and with the rights of third parties;
• use the Service for strictly personal and non-commercial purposes, unless otherwise agreed by LaBreak;
• refrain from disrupting, altering or interrupting the operation of the Service, in particular by introducing viruses or bots, or by any attempt at intrusion, mass data extraction (scraping), reverse engineering or circumvention of security measures;
• refrain from exploiting, copying, reproducing, reselling or redistributing all or part of the Service or of the data it contains without LaBreak's prior written authorisation;
• refrain from impersonating any third party or creating a false representation of an establishment;
• refrain from using the Service for canvassing, unsolicited commercial prospecting, or the collection of data without the knowledge of the persons concerned.

Any breach of these obligations may result, without notice in serious cases, in the suspension or deletion of the Account concerned, without prejudice to any legal action that LaBreak may deem appropriate to bring, and without entitling the User concerned to any compensation.

Article 8: Content published by Users

8.1 Nature of the content

Users may publish reviews, ratings, comments and photographs relating to the listed establishments (hereinafter "User Content").

8.2 Responsibility for content

The User is solely responsible for the User Content they publish. By publishing User Content, the User warrants:

• that they are its author or hold the authorisations necessary for its publication (in particular for photographs);
• that the content does not infringe any third-party rights (copyright, image rights, right to privacy, intellectual property rights);
• that the content reflects a genuine and sincere experience and is neither misleading nor written in exchange for an undisclosed benefit, in accordance with the fairness requirements applicable to online reviews under the Code de la consommation (Articles L.111-7-2 et seq.) and Directive (EU) 2019/2161.

8.3 Prohibited content

It is strictly prohibited to publish User Content:

• that is unlawful, defamatory, insulting, racist, xenophobic, sexist, homophobic or discriminatory on any ground whatsoever;
• that infringes human dignity, privacy or the image of a third party;
• that constitutes spam or unsolicited advertising, or is intended to artificially manipulate the ranking or reputation of an establishment (purchased reviews, fake reviews, malicious competitor reviews);
• that contains third parties' personal data without their consent;
• that infringes third parties' intellectual property rights;
• that is pornographic, violent or shocking in nature.

8.4 Licence granted to LaBreak

By publishing User Content, the User grants LaBreak, free of charge, a non-exclusive, worldwide, transferable and sublicensable licence, for the duration of the content's publication plus the applicable statutory limitation period, authorising LaBreak to reproduce, display, adapt, translate, exhibit, distribute and exploit that content, on any medium and by any technical process whether known or unknown to date, in connection with the Service and its promotion (including on LaBreak's social media and marketing materials). The User retains ownership of the intellectual property rights in their User Content.

The User may request the deletion of their User Content at any time; such deletion does not affect uses already made before the request.

8.5 Moderation and reporting

LaBreak provides a reporting mechanism enabling any User or Restaurateur to give notice of User Content that is potentially unlawful or contrary to these Terms, in accordance with the notice-and-action mechanism provided for by Regulation (EU) 2022/2065 (the "Digital Services Act"). Any notice must be sufficiently precise and substantiated to enable LaBreak to assess whether the reported content is unlawful or non-compliant.

LaBreak reserves the right, at its sole discretion and without any obligation to provide detailed prior reasons, to moderate, hide, modify or delete any User Content that does not comply with these Terms, and to suspend or close the Account of its author in the event of a serious or repeated breach. A User whose content has been removed is informed of the reasons for that decision and may contest it at contact@labreak.app.

LaBreak is not the publisher of User Content and acts as a hosting provider within the meaning of Article 6 of loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique and of the Digital Services Act. Its liability in respect of such content may be incurred only under the conditions laid down by those texts.

Article 9: LaBreak's intellectual property

The "LaBreak" trademark, the names "LaTrouvaille", "LaMap" and "LaVitrine", the logos, graphic identities, database structures, algorithms, source code, texts, visuals and, more generally, all the elements making up the Service (excluding User Content and content supplied by Restaurateurs) are the exclusive property of LaBreak or of its licensors and are protected by intellectual property law (copyright, trademark law, and the sui generis right of database producers within the meaning of Articles L.341-1 et seq. of the Code de la propriété intellectuelle).

Any reproduction, representation, modification, publication, substantial extraction or exploitation, in whole or in part, of these elements, by any process whatsoever, without LaBreak's prior written authorisation, is strictly prohibited and may constitute an act of infringement punishable under Articles L.335-2 et seq. of the Code de la propriété intellectuelle.

Nothing in these Terms shall be construed as granting the User any licence or right of use over the elements referred to in this article, other than a personal, non-exclusive right to use the Service in accordance with its intended purpose.

Article 10: Provisions applicable to Restaurateurs and LaVitrine

10.1 Professional status

Restaurateurs use LaVitrine in their capacity as professionals, in the course of their business activity. Consequently, and unless otherwise required by a mandatory statutory provision of public policy, the provisions of the Code de la consommation protecting Consumers (in particular the right of withdrawal) do not apply to the relationship between LaBreak and Restaurateurs.

10.2 Claiming an Establishment Page

Any Restaurateur may request to claim and manage the Establishment Page corresponding to their restaurant. Such a request is subject to verification by LaBreak (proof of operation, Kbis extract, or any equivalent document) before approval. LaBreak reserves the right to refuse or revoke a claim where serious doubt exists as to the legitimacy of the applicant.

10.3 Accuracy of published information

The Restaurateur is solely responsible for the accuracy, lawfulness and updating of the information they publish on their Establishment Page (opening hours, menus, prices, accepted payment methods, photographs). The Restaurateur warrants that they hold all rights necessary over the content they publish. Any inaccurate or misleading information that is identified may result in the suspension of access to LaVitrine, without prejudice to the Restaurateur's liability towards Users or third parties.

10.4 User reviews

The Restaurateur may respond publicly to the reviews published on their Establishment Page. They may not demand the removal of a review on the sole ground that it is unfavourable to them. They may, however, report a review that they consider contrary to these Terms (fraudulent or defamatory reviews, or reviews unrelated to a genuine experience), following the procedure set out in Article 8.5. LaBreak reserves the right to assess, in its sole discretion, the merits of any report.

10.5 Current and future paid features

Certain LaVitrine features (highlighting, advanced statistics, customisation options) may be offered for a fee, under specific commercial terms (quotation, purchase order or special conditions) which shall prevail, in the event of contradiction, over these Terms with respect to pricing matters. The billing, termination and renewal arrangements for these offers will be set out in those special conditions and, where applicable, in separate General Terms and Conditions of Sale.

10.6 No guarantee of results

LaBreak guarantees no results in terms of visibility, footfall or revenue arising from listing on the Service. The ranking and highlighting of establishments result from internal algorithms which LaBreak reserves the right to change at any time without notice.

Article 11: Suggesting the addition of an establishment

Anyone may suggest the addition of an establishment to the Service's directory. LaBreak freely assesses whether to act on such a suggestion and guarantees neither a timeframe nor an outcome. LaBreak reserves the right to create, modify or delete an unclaimed Establishment Page on the basis of publicly available information, in compliance with applicable law.

Article 12: Introduction of paid features for Users

As of the date of these Terms, the Service is free of charge for Users. If LaBreak were to offer paid features to Users acting as Consumers, the following provisions would apply as of right, in accordance with Directive 2011/83/EU on consumer rights and Articles L.221-1 et seq. of the Code de la consommation:

• prior, clear and comprehensible information about the total price, the essential characteristics of the offer and the termination arrangements;
• the collection of express and unequivocal consent before any charge is made (an order button making explicit reference to the obligation to pay);
• a right of withdrawal of fourteen (14) days from subscription, unless the Consumer expressly waives that right for digital content supplied immediately, in accordance with Article L.221-28 13° of the Code de la consommation;
• the ability to terminate at any time, for subscriptions without a commitment period, under arrangements at least as simple as those used for subscribing, in accordance with loi n° 2023-451 du 9 juin 2023 ("three-click termination").

Specific General Terms and Conditions of Sale would then be published and would prevail over these Terms with respect to those paid offers.

Article 13: Protection of personal data

LaBreak processes personal data in connection with the Service, acting as data controller within the meaning of the GDPR and of loi n° 78-17 du 6 janvier 1978 modifiée. The purposes, legal bases, retention periods, recipients and arrangements for exercising rights (access, rectification, erasure, restriction, portability, objection and withdrawal of consent) are detailed in our Privacy Policy, available at labreak.app/privacy, which forms an integral part of these Terms.

In operating the Service, LaBreak relies in particular on the following processors, described in more detail in the Privacy Policy: Supabase (database, authentication and file storage), Vercel (hosting and audience measurement), Brevo (transactional email), Mapbox (interactive map and geocoding) and Google (the Gemini model powering AI-assisted search).

The User has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL, www.cnil.fr) if they consider that the processing of their personal data constitutes a breach of the applicable regulations.

Article 14: Cookies and trackers

Use of the Service may involve the placing of cookies and trackers on the User's device, under the conditions described in our Cookie Policy, in accordance with Article 82 of the loi Informatique et Libertés and the CNIL's guidelines. The User may configure their preferences at any time via the consent banner or their personal account area.

Article 15: Availability, maintenance and evolution of the Service

LaBreak endeavours to make the Service accessible 24 hours a day, 7 days a week, but does not guarantee continuous, uninterrupted availability. Access to the Service may be suspended, in particular for maintenance or update operations or in the event of force majeure, without such interruption entitling the User to any compensation.

LaBreak reserves the right to develop, modify, suspend or discontinue all or part of the Service, temporarily or permanently, at any time and without notice, without incurring any liability as a result, subject, for any paid features then in force, to compliance with ongoing contractual commitments.

Article 16: Warranties and limitation of liability

16.1 Provision "as is"

The Service is provided "as is" and "as available", without warranty of any kind, express or implied, to the extent permitted by applicable law. LaBreak does not warrant that the Service will be error-free, uninterrupted or secure, or that the information it contains (in particular information relating to the listed establishments) is accurate, complete or up to date.

16.2 Independent third parties

LaBreak is not a party to the contractual relationships between the User and the listed establishments (orders, reservations, on-site payment). LaBreak shall not be held liable for the quality of the services provided by these establishments, for their solvency, for the validity of the announced acceptance of meal vouchers (titres-restaurant), or for any dispute arising in connection with a visit to a listed establishment.

16.3 Limitation of liability

To the fullest extent permitted by applicable law, LaBreak may be held liable only for direct, foreseeable damage personally suffered by the User as a result of a proven fault of LaBreak in the performance of the Service. In particular, indirect, intangible or consequential damage, such as loss of opportunity, time, data, image, profits or business, is excluded from any compensation.

Subject to the applicable mandatory provisions of public policy, and without prejudice to LaBreak's liability in the event of gross negligence (faute lourde), wilful misconduct (dol), or harm to life or physical integrity, LaBreak's total liability under these Terms, all damage combined, shall not exceed, for a User who has made no payment, a symbolic amount of one hundred (100) euros, and, for a Restaurateur or a User who has paid for a service, the amount actually paid to LaBreak for the service concerned during the preceding twelve (12) months.

These limitations shall not operate to exclude LaBreak's liability in cases where such liability cannot lawfully be limited or excluded under applicable law, in particular vis-à-vis Consumers for damage resulting from a breach of an essential obligation of the contract.

16.4 Indemnification

The User undertakes to hold harmless and indemnify LaBreak against any claim, action or demand brought by a third party arising from the User's breach of these Terms, of the law, or of the rights of a third party, within the limits permitted by the law applicable to Consumers.

Article 17: Third-party links and content

The Service may contain hyperlinks to third-party websites (social networks, establishment websites, payment platforms, etc.). LaBreak exercises no control over these third-party sites and disclaims all liability for their content, their availability or their personal data practices. Users visit such sites at their own sole responsibility, subject to the terms and conditions specific to those sites.

Article 18: Term, suspension and termination

18.1 Term

These Terms apply for the entire duration of the User's use of the Service.

18.2 Termination by the User

The User may delete their Account at any time from their profile (Privacy section), without having to justify their decision or bear any costs. A grace period of thirty (30) days is provided, during which the User may cancel their deletion request. Upon expiry of that period, the Account data is deleted or anonymised in accordance with our Privacy Policy, subject to the retention periods required by law.

18.3 Suspension or termination by LaBreak

LaBreak may suspend or terminate a User's or a Restaurateur's access to the Service, as of right and without compensation, in the event of a serious or repeated breach of these Terms, after formal notice has remained without effect within a reasonable period, except in urgent cases (proven fraud, threat to the security of the Service or of third parties, manifestly unlawful content), in which case the suspension may be immediate; the User shall be informed as soon as possible and may contest the decision.

18.4 Effects of termination

Termination results in the loss of access to the Account and to the associated features. User Content already exploited in accordance with the licence in Article 8.4 may remain within the limits provided for by that article. Articles 8.4, 9, 16 and 20 to 27 shall survive the termination of these Terms for any reason whatsoever.

Article 19: Force majeure

Neither party may be held liable for the non-performance of, or delay in performing, any of its obligations resulting from an event of force majeure within the meaning of Article 1218 of the Code civil and the case law of the French courts, including in particular (without limitation): natural disaster, fire, infrastructure failure of a third-party technical provider (hosting provider, internet access provider), cyberattack, strike, epidemic, decision of a public authority, or any event beyond the reasonable control of the party concerned.

Article 20: Changes to the Terms

LaBreak reserves the right to amend these Terms at any time, in particular to reflect legal, regulatory or technical developments or changes to the Service. Any substantial amendment will be notified to Users holding an Account, by email and/or by a notification upon their next sign-in, at least fifteen (15) days before its entry into force where reasonably possible.

Continued use of the Service after the amended Terms enter into force constitutes acceptance of them. In the event of disagreement, the User may delete their Account under the conditions of Article 18.2, without this giving rise to any right to compensation.

Article 21: Assignment

LaBreak may assign, transfer or delegate all or part of its rights and obligations under these Terms, in particular in the context of a merger, sale, restructuring or transfer of business assets, without the User's prior consent being required, provided that the User is informed thereof. The User may not assign the rights and obligations arising from these Terms without LaBreak's prior written consent.

Article 22: Severability

If any provision of these Terms is declared null, unlawful or unenforceable by a court of competent jurisdiction, the remaining provisions shall retain their full force and effect. The provision at issue shall then be interpreted and, if necessary, replaced by a valid provision coming as close as possible to the original intention of the parties.

Article 23: No waiver

The fact that LaBreak does not, at a given time, invoke a breach by the User of any of the obligations set out in these Terms shall not be construed as a waiver of its right to invoke that breach subsequently.

Article 24: Entire agreement

These Terms, together with the Privacy Policy and the Cookie Policy annexed hereto by reference, constitute the entirety of the parties' rights and obligations relating to the use of the Service. They replace and supersede any prior agreement, whether written or oral, having the same subject matter.

Article 25: Language

These Terms are drawn up in French. Where they are translated into one or more foreign languages for the convenience of Users, only the French version shall be authoritative in the event of a dispute of interpretation, subject to the mandatory provisions applicable to Consumers in their country of residence.

This English version is provided for convenience only. In the event of any discrepancy or dispute, the French version alone is authoritative and shall prevail.

Article 26: Governing law and dispute resolution

26.1 Governing law

These Terms are governed by French law, without prejudice to the mandatory protective provisions from which a Consumer may benefit under the law of their country of habitual residence within the European Union, in accordance with Regulation (EC) No 593/2008 ("Rome I").

26.2 Amicable resolution

In the event of a dispute concerning the validity, interpretation or performance of these Terms, the parties shall endeavour to resolve it amicably. Any complaint must be sent to contact@labreak.app.

26.3 Consumer mediation

In accordance with Article L.612-1 of the Code de la consommation, any User who qualifies as a Consumer has the right to have recourse, free of charge, to a consumer mediator (médiateur de la consommation) with a view to the amicable resolution of a dispute with LaBreak. Mediation is free of charge for the Consumer, with the exception of the costs referred to in Article R.612-1 of that same code: the cost of being assisted or represented by a lawyer, and the cost of an expert appraisal requested by a party, remain payable by that party.

The Consumer may refer a dispute to the mediator only after having first attempted to resolve it directly with LaBreak by means of a written complaint sent to contact@labreak.app. In accordance with Article L.612-2 of that same code, the dispute may not be examined by the mediator where the Consumer cannot show that such a prior complaint was made, where the request is manifestly unfounded or abusive, where the dispute has previously been examined or is being examined by another mediator or by a court, where the Consumer refers the matter to the mediator more than one year after their written complaint, or where the dispute falls outside the mediator's remit.

Name, postal address and website address of the mediator: [consumer mediator to be designated. LaBreak is in the process of designating one; the full contact details will be published in this Article as soon as the designation takes effect, and will be provided without delay to any Consumer who requests them at contact@labreak.app].

Recourse to mediation is optional. It deprives the Consumer neither of the right to bring proceedings before the competent court nor of the other remedies provided by law, in accordance with Article L.612-4 of the Code de la consommation.

A Consumer residing in another Member State of the European Union may also contact the European Consumer Centre of their country of residence (ECC-Net). The European Online Dispute Resolution (ODR) platform is no longer available: it ceased operating on 20 July 2025 and Regulation (EU) No 524/2013, which established it, was repealed by Regulation (EU) 2024/3228.

26.4 Competent courts

Failing amicable resolution, and subject to the mandatory rules of territorial jurisdiction applicable to Consumers (in particular the right to bring proceedings before the courts of their own place of residence), the courts within the jurisdiction of the Cour d'appel de Paris shall have exclusive jurisdiction, including in the event of multiple defendants or third-party claims for indemnification (appel en garantie).

Article 27: Contact and complaints

For any question regarding these Terms, or to submit any complaint or report, the User may contact LaBreak:

• by email: contact@labreak.app
• by post: [postal address to be provided after registration]

LaBreak undertakes to acknowledge receipt of any complaint within a reasonable time and to provide a reasoned response.