Terms of Sale

These General Terms of Sale govern purchases made on the Boostermark platform, accessible at boostermark.fr.

By making a purchase on the Boostermark platform, you unconditionally accept these General Terms of Sale.

Last updated: 01/12/2026

Mandatory Legal Notices

Platform operator

The Boostermark platform is operated by:

  • Sadeg Yanis — Individual entrepreneur (EI)
  • Trade name: Symplyweb
  • SIREN: 990 263 790
  • SIRET: 990 263 790 00018
  • Registered office: 200 Rue de la Croix Nivert, 75015 Paris, France
  • Email: [email protected]
  • Publication director: Sadeg Yanis
  • VAT: VAT not applicable, art. 293 B of the French General Tax Code (VAT exemption regime)

Hosting: Hostinger International Ltd., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus (EU)

Nature of the platform (Article L111-7 of the French Consumer Code)

Boostermark is a marketplace platform (connecting platform) within the meaning of Article L111-7 of the French Consumer Code and Decree No. 2021-114 of February 4, 2021.

Platform role:

  • Boostermark connects independent professional sellers (content creators, influencers) with buyers (individuals or businesses)
  • Boostermark does not directly sell the services offered on the platform
  • Boostermark does not provide the services offered by sellers
  • The sales contract is concluded directly between the buyer and the seller, according to the conditions described in the seller's offer and these General Terms of Sale
  • Boostermark acts as a technical and commercial intermediary to facilitate the transaction (platform, secure payment via Stripe, mediation system)

Seller identification (EU Directive 2019/2161 "Omnibus")

In accordance with European Directive 2019/2161 (known as "Omnibus") transposed into French law, Boostermark undertakes to provide buyers with the following information about each seller:

Professional / non-professional distinction

  • All sellers on Boostermark are considered professionals within the meaning of Article L121-1 of the French Consumer Code, as they carry out service provision activities on a regular and paid basis (content creators, influencers)
  • Displayed status: Each seller profile clearly indicates their professional status (micro-entrepreneur, company, etc.)
  • Identification: Name or company name, country of establishment, contact details via secure messaging

Offer ranking criteria

Default display order:

  • Default ranking: Offers are displayed in reverse chronological order (from newest to oldest)
  • Available sorting options: Buyers can sort offers by price (ascending or descending)
  • Available filters: Buyers can filter offers by category, social platform, price, gender, and age range
  • No paid ranking: Sellers cannot pay to improve their position in search results

Note: Boostermark reserves the right to evolve its ranking algorithm to improve result relevance for buyers, taking into account criteria such as average review rating, number of completed orders, or delivery time. Any substantial modification will be reflected in these Terms of Sale.

Applicable legal guarantees

Consumer buyers (individuals, non-professionals) benefit from the following legal guarantees when purchasing from a professional seller:

  • Legal guarantee of conformity (Articles L217-4 to L217-14 of the French Consumer Code): 2 years from delivery
  • Guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code): 2 years from discovery of the defect

To exercise these guarantees, the buyer must contact the seller directly via the platform's messaging system or open a dispute (see article 4 of these Terms of Sale).

1. Eligibility and orders

1.0. Eligible buyers

Boostermark accepts buyers from all over the world (individuals and businesses):

  • Buyers from the European Union (EU): All EU member countries are accepted (individuals and businesses)
  • Buyers from French overseas departments and territories (DOM-TOM): Guadeloupe, Martinique, French Guiana, Réunion, Mayotte, Saint-Martin, Saint-Barthélemy, Saint-Pierre-et-Miquelon, Wallis and Futuna, French Polynesia, New Caledonia, French Southern and Antarctic Lands
  • Buyers outside the European Union: All countries outside the EU are accepted (international export)

Adapted pricing: The pricing system automatically adapts to the buyer's billing country (see article 1.2 "Price and display" below).

1.1. Order process

Buyers place orders by selecting an offer or bundle and proceeding with payment. The order is confirmed after payment validation.

1.2. Price and display

Prices are expressed in euros and displayed excluding VAT (excl. VAT) or including VAT (incl. VAT) depending on the buyer's profile:

  • Individual buyers (B2C): Prices incl. VAT with French VAT at 20% (legal requirement)
  • EU business buyers with valid intra-Community VAT number: Prices excl. VAT with notice "Reverse charge - VAT payable by customer"
  • Non-EU buyers: Prices excl. VAT (export, VAT exemption)

Payment is made by credit card via Stripe. Payment is immediately charged but funds are held by Stripe (not by Boostermark) until delivery and order validation. Boostermark only triggers the transfer of funds to the seller in accordance with the platform workflow.

1.3. Currencies and exchange rates

The platform displays prices in the buyer's local currency, automatically detected based on their country. We support over 25 international currencies, including:

  • Europe: EUR (Euro), GBP (British Pound), CHF (Swiss Franc), NOK, SEK, DKK, PLN, CZK, HUF, RON
  • Americas: USD (US Dollar), CAD (Canadian Dollar), MXN, BRL, ARS, CLP
  • Asia-Pacific: JPY (Yen), CNY (Yuan), AUD, NZD, SGD, HKD, INR, KRW, THB, MYR, IDR, PHP
  • Middle East & Africa: AED, SAR, ILS, TRY, ZAR

Conversion terms:

  • The reference price for offers and bundles is expressed in euros (EUR)
  • Display in other currencies is provided for informational purposes, based on European Central Bank (ECB) exchange rates
  • The exchange rate applied at payment is that of our payment provider Stripe at the time of transaction
  • This rate may vary between the time of viewing and the time of actual payment
  • Invoicing and VAT are calculated based on the EUR amount, regardless of the payment currency

Refunds: In case of refund (cancellation, dispute resolved in favor of the buyer, etc.), it is made in the same currency as the initial payment. The exchange rate applied during the refund may differ from the initial rate, which may result in an amount difference due to market fluctuations.

Bank fees: Conversion fees may be applied by your bank when paying in foreign currency. These fees are not controlled by Boostermark and are the responsibility of your banking institution.

1.4. Platform commission

Boostermark charges a commission of 15% excl. VAT on each successful transaction. The commission amount is deducted from the amount paid to the seller. Stripe fees are also deducted.

Important: Boostermark's commission is expressed excl. VAT (excluding VAT). As Boostermark benefits from the VAT exemption regime (article 293 B of the French General Tax Code), no VAT is charged on this commission.

Calculation example: For a sale of €100 incl. VAT, the seller receives €85 excl. VAT minus Stripe fees (approximately 2.9% + €0.25 according to current Stripe rates).

1.5. VAT and taxation

Boostermark status: Boostermark (Symplyweb) benefits from the VAT exemption regime in accordance with article 293 B of the French General Tax Code (micro-entrepreneur). Boostermark does not collect or remit VAT.

VAT rules applicable to transactions:

  • B2C sales (individuals) in France:
    French VAT at 20% applicable (purchase tax). The displayed price is incl. VAT. VAT is collected by the seller who must remit it to the tax authorities according to their regime (micro-BNC, standard VAT, etc.).
  • B2C sales (individuals) in the EU outside France:
    Below the OSS threshold of €10,000/year: French VAT at 20% applicable (price incl. VAT).
    Above the OSS threshold of €10,000/year: VAT of the buyer's country applicable (price incl. VAT). The seller must register for the OSS regime to declare and remit VAT.
  • B2B sales (businesses) in the EU with intra-Community VAT number:
    Reverse charge mechanism in accordance with article 283-2 of the French General Tax Code. The displayed price is excl. VAT. The business buyer is liable for VAT in their country. The seller does not charge VAT but must mention "Reverse charge - VAT payable by customer" on their invoice.
  • Sales outside the EU (export):
    VAT exemption in accordance with article 262 I of the French General Tax Code (service export). The displayed price is excl. VAT. The seller must justify the export and keep proof.

Sellers' responsibility: Each seller is responsible for the tax and social treatment of their income in accordance with applicable legislation (VAT declaration, social contributions, income tax, etc.). Boostermark does not intervene in these individual tax obligations.

OSS threshold monitoring: Each seller is responsible for monitoring their volume of cross-border B2C sales within the EU and registering for the OSS regime as soon as the €10,000/year threshold is reached.

Intra-EU VAT number validation (VIES)

To benefit from the VAT reverse charge mechanism (intra-EU B2B), business buyers must provide a valid intra-Community VAT number in their profile.

Automatic validation process:

  • VAT numbers are automatically validated in real-time via the European VIES (VAT Information Exchange System)
  • Only valid and active VAT numbers allow benefiting from the excl. VAT regime (reverse charge)
  • The date and time of validation are recorded and displayed on each invoice for tax justification purposes
  • VAT numbers are periodically re-validated automatically to ensure their continued validity

In case of invalid or inactive VAT number: If the VAT number becomes invalid after initial validation, future transactions will be invoiced incl. VAT with French VAT (B2C regime) until a new valid number is provided. The buyer will be notified by email of this situation.

Traceability and archiving: In accordance with French and European legal obligations, all VIES validation records are retained for 10 years for tax and customs audit purposes.

Special status territories

Certain territories benefit from special tax treatment:

  • French Overseas Departments and Regions (DOM-TOM):
    French DOM-TOM (Guadeloupe, Martinique, French Guiana, Réunion, Mayotte, Saint-Martin, Saint-Barthélemy) are excluded from the European VAT area in accordance with article 6 of the VAT Directive. Sales to these territories are treated as exports (excl. VAT, VAT exemption).
  • Monaco and Isle of Man:
    Monaco (MC) and the Isle of Man (IM) are part of the European VAT area although they are not members of the European Union. B2B sales to these territories benefit from the reverse charge mechanism in the same way as other EU countries.

1.6. Payment service provider - Stripe

Payment processing: All payments on the platform are processed by Stripe, Inc., an authorized payment service provider.

Acceptance of Stripe terms: By using the Boostermark platform, you also accept Stripe's Terms of Service.

Banking data storage: Boostermark does not store or retain any banking data (card numbers, bank details, etc.). All banking data is stored and managed exclusively by Stripe in compliance with PCI-DSS security standards.

Funds custody: Transaction funds are held by Stripe (not by Boostermark) until delivery and order validation. Boostermark acts only as a technical intermediary to trigger fund transfers to sellers in accordance with the platform workflow.

Liability: Boostermark cannot be held responsible for malfunctions, delays, or errors related to payment processing by Stripe. In case of payment issues, please contact Stripe support directly.

1.7. Billing and accounting documents

Automatic invoice generation: The Boostermark platform automatically generates the following billing documents for each transaction:

  • Payment receipt: Issued immediately after payment (available in your buyer area)
  • Purchase invoice: Issued after order validation/delivery (available in your buyer area)
  • Commission invoice: Issued to the seller after fund release (available in seller area)

Access to invoices: All documents are accessible at any time in your personal area, "My purchases" section. Invoices are retained for 10 years in accordance with accounting and tax obligations.

Invoice format: Invoices are issued in PDF format, sequentially numbered (example: FC-2025-0001), and comply with French legal requirements (article 289 of the French General Tax Code). They contain all mandatory information (number, date, party identities, service details, excl. VAT/incl. VAT price, applicable VAT, etc.).

ℹ️ Note for sellers: The commission invoice issued by Boostermark justifies the deduction of the commission from your income. Keep it for your accounting and tax declarations.

2. Delivery and execution

2.1. Deadlines

Sellers commit to delivering the order within the announced timeframe. In case of delay, buyers can cancel the order and obtain a refund.

2.2. Order validation

After delivery by the seller, buyers have 72 hours (3 days) to validate the order, request revisions, or open a dispute. Failing a response within this period, the order is automatically validated and funds are released to the seller (automatic release mechanism).

Seller deadlines:

  • Order acceptance: Maximum 3 calendar days after receiving buyer instructions
  • Delivery: According to the timeframe announced in the offer (typically between 1 and 30 days)
  • Failure to meet these deadlines may result in automatic cancellation by the system

2.3. Communication

Exchanges between buyer and seller are conducted via the platform's integrated messaging system. It is prohibited to communicate personal contact information to bypass the platform.

3. Types of offers and specificities

3.1. Digital offers (digital services)

Digital services are delivered online via the platform (files, links, access, etc.). Delivery time is defined by the seller in their offer listing.

3.2. UGC offers (User Generated Content) with physical products

For UGC offers requiring physical product shipment to the creator:

  • Step 1: After payment, the buyer must ship the product to the creator at their own expense
  • Step 2: The creator confirms product receipt within 7 days
  • Step 3: The creator produces the UGC content (photo, video, etc.) according to the announced timeframe
  • Step 4: Delivery of UGC content via the platform
  • Liability: The buyer is responsible for product shipment. Boostermark is not involved in physical logistics

3.3. Right of withdrawal

In accordance with article L221-18 of the French Consumer Code, every consumer buyer has a 14-day withdrawal period from the conclusion of the contract for service contracts.

However, in accordance with article L221-28 of the French Consumer Code, this right of withdrawal does not apply to digital content and services if performance has begun before the end of the withdrawal period and after the consumer has:

  • Expressly requested the performance of the service to begin before the end of the withdrawal period
  • Expressly acknowledged that they will lose their right of withdrawal once performance begins

Waiver of the right of withdrawal (Article L221-28 of the French Consumer Code):

"The right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium where performance has begun after the consumer's prior express consent and express waiver of their right of withdrawal."

Consequently, when placing an order, the buyer must expressly:

  • Give their prior express consent for the performance of the service to begin immediately before the end of the 14-day withdrawal period
  • Expressly acknowledge that they waive their right of withdrawal once performance of the service begins

Without these two express confirmations (materialized by two mandatory checkboxes during payment), the order cannot be validated.

In case of manifest non-conformity of the delivered service compared to the announced essential characteristics, the buyer retains the right to request a refund or open a dispute in accordance with article 4 of these General Terms of Sale, regardless of the waiver of the right of withdrawal.

4. Disputes and resolution

4.1. Opening a dispute

In case of disagreement between buyer and seller, the buyer can open a dispute via the platform. The dispute suspends the release of funds to the seller.

4.2. Boostermark mediation

Boostermark examines the evidence provided by both parties and makes a decision within a reasonable time.

Scope of decision: Boostermark may decide to freeze funds, fully or partially refund the buyer, or exclude a user from the platform. However, these decisions do not constitute legally binding decisions and are not enforceable in courts. They do not deprive either party of their right to refer the matter to competent courts in case of persistent disagreement.

4.3. Refunds

In case of a dispute favorable to the buyer, a total or partial refund may be ordered. The refund is made to the payment method used during the order.

Refund delays: The refund is processed by Boostermark within 2 to 5 business days after the refund decision. However, the total delay before funds appear in your bank account depends on processing by our payment provider Stripe and your bank.

Estimated total delay: In practice, expect generally 5 to 10 business days total between the refund decision and actual fund availability in your bank account. This delay may vary depending on:

  • The type of bank card used (immediate debit, deferred debit, credit)
  • Your bank (some banks process refunds faster than others)
  • Stripe processing times (generally 5-7 business days)
  • The period (weekends and holidays extend delays)

ℹ️ Important note: Boostermark has no control over processing times applied by Stripe and your bank. If you do not receive your refund within 10 business days, we invite you to contact your bank to verify the refund status. You can also contact us at [email protected] to obtain proof of refund.

5. Reviews and ratings (Article L111-7-2 of the French Consumer Code)

5.1. Collection and publication of reviews

After order delivery, buyers can leave a review of the seller including:

  • A rating from 1 to 5 stars
  • A text comment (optional, maximum 1000 characters)

Conditions for submitting a review: Only buyers who have actually purchased and received the service can submit a review. Each buyer can only submit one review per order.

5.2. Verification and authenticity of reviews

Verification procedure: In accordance with Article L111-7-2 of the French Consumer Code, Boostermark implements the following measures to guarantee the authenticity of reviews:

  • Purchase verification: Only users who have actually completed a transaction can leave a review. The platform automatically verifies that the order has been delivered and accepted before allowing a review to be submitted.
  • Author identification: Each review is associated with the buyer's user account, allowing its origin to be traced and preventing fake reviews.
  • Fraud detection: Boostermark uses automatic detection tools to identify suspicious reviews (spam, fake reviews, serial reviews, etc.).
  • One review per order: Buyers can only submit one review per order to prevent abuse.

5.3. Publication and moderation of reviews

Immediate publication: Reviews are published immediately after submission by the buyer, without prior validation. They appear instantly on the seller's public profile.

Content rules: Reviews must comply with the following rules:

  • Prohibited content: Insults, defamatory, discriminatory, hateful or threatening statements
  • Spam and advertising: Commercial links, promotion of other services, spam
  • Personal information: Personal contact details (email, phone, address) in the public review
  • Irrelevant content: Reviews unrelated to the service actually received
  • Illegal content: Violation of intellectual property rights, defamation, etc.

Post-publication moderation: Review moderation occurs only upon reporting (by the seller, buyer, or a third party) or through automatic detection of suspicious content. Boostermark examines reported reviews within a reasonable timeframe and reserves the right to remove any review that does not comply with the above rules, after verification.

5.4. Storage and display of reviews

Visibility choice: When submitting a review, buyers can choose to make their review public (visible on the seller's profile) or private (visible only to the seller and administrators).

Public display: Reviews marked as public are displayed immediately on the seller's public profile, in chronological order (most recent first). Private reviews are not publicly visible.

Storage: All reviews (public and private) are stored in the system for the entire duration of the seller account's activity, except in case of justified deletion (see article 5.5).

5.5. Deletion and reporting of a review

Reporting a review: A review can be reported by the seller or any user if it does not comply with our rules. The report must be justified and accompanied by evidence if necessary.

Report examination: Boostermark examines each report within a reasonable timeframe (generally within 7 days) and reserves the right to remove any abusive or inappropriate review after verification.

Notification: In case of review deletion, the author and the seller concerned are informed by email of the reasons for deletion.

5.6. Review transparency - L111-7-2 compliance

In accordance with Article L111-7-2 of the French Consumer Code, Boostermark undertakes to:

  • Display the submission date of each published review
  • Not modify the content of reviews without their author's consent (except moderation to remove illegal content)
  • Publish all reviews, whether positive or negative, as long as they comply with our moderation rules
  • Clearly indicate whether the review comes from a verified purchase or not ("Verified Purchase" mention visible on all reviews)
  • Guarantee authenticity of reviews by verifying that each review corresponds to a real transaction

5.7. No financial incentive (Law of October 3, 2022)

In accordance with the law of October 3, 2022 containing various provisions adapting to European Union law (transposition of Directive 2019/2161 known as "Omnibus"), Boostermark guarantees that:

  • No financial incentive is offered to buyers in exchange for submitting a review (no discount, partial refund, credit, gift card, or any other financial benefit)
  • No non-financial incentive conditional on review content (no request to leave only positive reviews)
  • Guaranteed free expression: Buyers are completely free to leave a positive, negative or neutral review, without any pressure or incentive from Boostermark or sellers
  • Prohibition for sellers: It is strictly forbidden for sellers to offer an incentive (discount, gift, free service) in exchange for a positive review or deletion of a negative review. Any violation results in seller account suspension.

ℹ️ Total transparency: Boostermark does not pay or compensate any user for submitting reviews. All reviews exclusively reflect the authentic experience of buyers.

6. Order cancellation

6.1. Cancellation by buyer

Buyers can cancel an order only before the seller has accepted it. Once the order is accepted by the seller, cancellation is no longer possible.

Special situations:

  • Acceptance delay: If the seller does not respond within 3 days after receiving instructions, the order is automatically cancelled by the system and the buyer is refunded
  • Delivery delay: If the seller does not deliver within the announced timeframe + 7 days grace period, the order is automatically cancelled and the buyer is refunded
  • Non-conformity: If delivery does not match the offer description, the buyer must open a dispute (see article 4) to obtain a refund

6.2. Cancellation by seller

Sellers can cancel an order only in the following cases:

  • Impossible instructions: If buyer instructions are technically unfeasible or contrary to the offer
  • Force majeure: Unforeseeable event preventing order execution
  • Abusive buyer behavior: Insults, harassment, inappropriate requests

Important: In case of cancellation (by buyer or seller), the buyer is refunded (fully or partially depending on circumstances) to their original payment method. The total refund delay is generally 5 to 10 business days, depending on processing by our payment provider Stripe and your bank (see article 4.3 for more details on refund delays).

7. Liability and limitation of liability

7.1. Boostermark's status - Intermediary platform

Boostermark's role: Boostermark acts as a technical intermediary platform connecting independent professional sellers and buyers. Boostermark does not intervene in the direct contractual relationship between seller and buyer, which is governed by these GTC.

Sellers' responsibility: Sellers are solely responsible for:

  • The quality, compliance, and legality of the services/products they offer
  • The accuracy and truthfulness of their offer descriptions
  • Compliance with their contractual, tax, legal, and regulatory obligations
  • Effective delivery of services within announced timeframes
  • Respect for third-party intellectual property rights
  • Any illegal, fraudulent, or counterfeit content they offer via the platform

7.2. Boostermark's liability for illegal content

Hosting and LCEN compliance: In accordance with the French Law for Confidence in the Digital Economy (LCEN), Boostermark benefits from hosting provider status for content published by sellers on the platform.

Limited liability: Boostermark cannot be held liable for illegal, fraudulent, counterfeit content, or content infringing third-party rights published by sellers, except if:

  • Boostermark has been effectively informed of the illegal nature of the content via the reporting procedure (email to [email protected])
  • Boostermark has not acted promptly to remove manifestly illegal content or make it inaccessible after notification

⚠️ Important for buyers: In case of a dispute concerning the quality, compliance, or legality of a service/product provided by a seller, buyers must first contact the seller directly via the platform's messaging system. If the problem persists, buyers can open a dispute via the platform (see article 4) or seize competent courts.

7.3. Limitation of Boostermark's liability

Exclusion of liability: Within the limits authorized by law, Boostermark cannot be held liable for:

  • Quality, compliance, or legality of services/products offered by sellers
  • Sellers' non-compliance with their contractual obligations to buyers
  • Disputes between buyers and sellers (except internal mediation procedure under article 4)
  • Delivery delays attributable to sellers or third parties (carriers, suppliers)
  • Loss of revenue, data, or opportunities resulting from platform use
  • Indirect, intangible, or consequential damages (lost profits, commercial damage, etc.)
  • Temporary platform malfunctions (maintenance, outages, cyberattacks)
  • Decisions made by Stripe (payment refusal, account blocking, refund delays)

Liability cap: In any event, Boostermark's total liability to a buyer is limited to the amount actually paid by the buyer for the transaction concerned.

ℹ️ Seller's legal obligations: This limitation of liability does not apply to legal obligations directly incumbent on sellers to buyers, particularly regarding legal guarantees of conformity (articles L217-4 et seq. of the French Consumer Code), guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), and product liability.

7.4. Platform availability

Maximum availability effort: Boostermark strives to ensure platform availability 24 hours a day, 7 days a week, subject to maintenance operations and technical incidents.

Planned interruptions (maintenance):

  • Scheduled maintenance operations are preferably performed between 2:00 AM and 5:00 AM (Paris time) to minimize impact on users
  • In case of major maintenance requiring extended interruption (> 2 hours), users will be informed at least 48 hours in advance by email and/or site banner
  • During maintenance, the platform may be temporarily unavailable or operate in degraded mode (some features disabled)

Unplanned interruptions (technical incidents):

  • In case of unforeseen technical incident (server failure, cyberattack, infrastructure failure), Boostermark undertakes to restore the service as soon as possible
  • Users will be informed of the situation via the site's homepage and/or official social media
  • No financial compensation will be due to users in case of temporary service interruption, except in case of direct and proven damage resulting from serious fault by Boostermark

⚠️ Limitation of liability: Boostermark cannot guarantee 100% service availability. The platform disclaims all liability in case of temporary interruption preventing access to the service, except in case of gross or intentional fault on its part.

7.5. Force majeure

Exemption from liability: Boostermark cannot be held liable for any failure to meet its obligations resulting from a force majeure event within the meaning of article 1218 of the French Civil Code, i.e. an event:

  • Beyond Boostermark's control
  • That could not reasonably be foreseen at the time of contract conclusion
  • Whose effects cannot be avoided by appropriate measures

Examples of force majeure events:

  • Natural disaster (flood, earthquake, major storm)
  • War, terrorist attack, riot, armed conflict
  • Major cyberattack, large-scale computer hacking
  • Failure of an essential third-party provider (Stripe, host, cloud infrastructure)
  • Pandemic, epidemic, major health crisis
  • Public authority decision (legal blocking, requisition, prohibition)

Consequences: In case of force majeure, Boostermark's obligations are suspended for the duration of the event. If the event persists beyond 30 days, either party may terminate the contract without compensation.

8. Intellectual property and content rights

8.1. Platform intellectual property

All elements of the Boostermark platform (source code, design, logos, graphics, interface, texts, photographs, etc.) are the exclusive property of Symplyweb or its partners, and are protected by copyright law, trademark law and database rights.

Reproduction prohibition: Any reproduction, representation, modification, publication, adaptation, commercial exploitation or unauthorized use of all or part of the platform elements is strictly prohibited and constitutes counterfeiting sanctioned by articles L.335-2 and following of the French Intellectual Property Code.

8.2. Rights to content created by sellers

Promotional content (offers, descriptions, photos):

  • Sellers retain all their intellectual property rights to content they publish on the platform (offer descriptions, profile photos, banners, etc.)
  • By publishing content on Boostermark, sellers grant Boostermark a non-exclusive, worldwide, free and revocable license to use, reproduce, display and distribute this content as part of platform operations (public display, referencing, platform promotion)
  • This license automatically ends upon content deletion by the seller or account deactivation

Deliverables (content sold to buyers):

  • Intellectual property rights to deliverables (digital content, photos, videos, texts, etc.) created by sellers for buyers are governed by the specific terms of each offer
  • Unless otherwise stated in the seller's offer, the buyer acquires a non-exclusive right to use the deliverable for the purpose defined in the order (example: publication on social media, advertising, etc.)
  • The seller retains intellectual property of the deliverable and may use it for promotional purposes (portfolio, demo) unless the offer provides for exclusive rights transfer
  • For UGC (User Generated Content) offers, rights granted to the buyer are clearly defined in the license agreement automatically generated and available in the order area

⚠️ Important: In case of dispute over intellectual property rights between buyer and seller, Boostermark disclaims all liability. It is the seller's responsibility to ensure they have all necessary rights to the content they offer, and the buyer's to verify the rights granted in the offer before purchasing.

8.3. Liability for infringement

Sellers warrant that they have all necessary rights to the content they offer and that they do not infringe on any third-party intellectual property rights.

In case of third-party claim for infringement (illegal use of trademark, logo, photo, video, music, etc.), the seller is solely responsible and undertakes to indemnify Boostermark and the buyer for any damage resulting from this violation.

Reporting procedure: Anyone believing that content published on the platform infringes their intellectual property rights can report it to [email protected] with necessary supporting documents. Boostermark will examine the report and may remove the disputed content as soon as possible.

9. Account suspension and termination

9.1. Automatic seller account suspension

The seller account may be automatically suspended in the following cases:

  • Stripe account issue: If the seller's Stripe account is suspended, restricted, or requires additional verification
  • VAT number validation failure: If the intra-Community VAT number becomes invalid or unverifiable
  • Missing required information: If mandatory information is missing or outdated (identity document, business registration, etc.)

Consequences: During suspension, the seller cannot receive new orders, publish new offers, or receive payments. Current orders in progress continue normally unless the suspension is definitive.

Reactivation: The account is automatically reactivated once the issue is resolved and verified by Boostermark.

9.2. Manual suspension by Boostermark

Boostermark reserves the right to manually suspend or permanently close any account (buyer or seller) in case of violation of these Terms of Sale, Terms of Use, or applicable laws:

  • Fraud, attempted fraud, money laundering
  • Illegal or prohibited content (violence, hate speech, intellectual property infringement, etc.)
  • Abusive behavior, harassment, threats toward other users
  • Manipulation of reviews or ratings
  • Creation of multiple accounts to circumvent a suspension
  • Repeated non-compliance with quality or delivery commitments (for sellers)
  • Repeated payment disputes or chargebacks (for buyers)

Notice: In case of suspension, the user is notified by email with the reasons for suspension. Boostermark may, at its discretion, grant a period to remedy the situation or decide on immediate permanent closure.

9.3. Termination by user

Any user (buyer or seller) may request account closure at any time via their personal area or by contacting support.

Consequences:

  • All personal data is deleted in accordance with GDPR provisions (right to erasure), except data that must be retained for legal or accounting purposes (invoices, transactions, etc.)
  • Current orders in progress must be completed before account closure
  • Review and order history is anonymized but retained for platform statistics

9.4. Consequences of suspension or termination

In case of suspension or termination:

  • Access to the platform is immediately blocked (except consultation of current orders)
  • Current orders must be completed normally (unless fraud or serious violation)
  • Pending funds on Stripe account can be transferred to the seller after completion of all orders in progress, subject to Stripe's terms and conditions
  • Right to reopen an account is at Boostermark's discretion and may be permanently refused in case of serious violation

10. Tax and social obligations for sellers

10.1. Tax and social responsibility

Seller status: All sellers on Boostermark are considered professionals and must comply with tax and social obligations applicable in their country of establishment.

Mandatory declarations:

  • Registration: Sellers must be registered as self-employed, micro-entrepreneur, company, or similar status before selling on the platform
  • VAT declaration: Sellers subject to VAT must declare and pay VAT in accordance with applicable regulations
  • Income tax: Sellers must declare all income earned on Boostermark to tax authorities
  • Social contributions: Self-employed sellers must pay mandatory social contributions (health, retirement, etc.)

⚠️ Important: Boostermark is a B2B platform connecting professional sellers with buyers. Income earned on the platform is considered professional income and must be declared to tax authorities.

10.2. Boostermark's role in tax and social matters

Role of the platform: Boostermark is a marketplace (intermediary platform) and is not responsible for sellers' tax or social declarations.

Documents provided:

  • Commission invoices: For each transaction, Boostermark issues a commission invoice to the seller justifying the commission deduction (available in seller area)
  • Annual transaction summary: At the end of each year, sellers can download a summary of their transactions (total revenue, number of orders, commissions paid)
  • VAT reports: Sellers can export their transactions for VAT accounting purposes

No tax or social withholding: Boostermark does not withhold income tax or social contributions on sellers' behalf. Each seller is responsible for their own declarations and payments.

10.3. Consequences of non-compliance

Non-compliance with tax or social obligations may result in:

  • Tax penalties and interest imposed by tax authorities
  • Account suspension or closure by Boostermark in case of undeclared work or fraud
  • Legal prosecution for tax fraud or money laundering

11. Personal data protection and jurisdiction

11.1. Personal data protection (GDPR)

Data processing: Personal data of buyers and sellers is processed in accordance with the General Data Protection Regulation (GDPR) and French Data Protection Law.

Privacy policy: Detailed methods for collecting, processing, storing, and protecting your personal data are described in our Privacy Policy, which we invite you to read carefully.

Your rights: In accordance with GDPR, you have the right to access, rectify, erase, limit, port, and object to your personal data. To exercise these rights, contact us at [email protected].

Banking data: Banking details are collected and processed directly by our payment provider Stripe in accordance with PCI-DSS standards. Boostermark never has access to your complete banking details.

12. Contact

For any questions regarding these General Terms of Sale:

  • Email: [email protected]
  • Address: Symplyweb, 200 Rue de la Croix Nivert, 75015 Paris, France