Terms of Use

MALOC SASU | SIREN 985054923 | RCS Paris | Version 2.0 | March 22, 2026

TERMS OF SERVICE — MALOC

Version: 2.0 — Last updated: 22 March 2026

MALOC SASU — SIREN 985054923 — RCS Paris — Share capital EUR 1,000 — Registered office: 15 quai aux fleurs, 75004 Paris
Email: contact@maloc.life — DPO: dpo@maloc.life — Website: https://maloc.fr / https://maloc.fr

PREAMBLE

These Terms of Service (hereinafter the "ToS") govern access to and use of the online platform operated by MALOC SASU, a simplified joint-stock company with sole shareholder (societe par actions simplifiee unipersonnelle) with share capital of EUR 1,000, registered with the Paris Trade and Companies Register under SIREN number 985054923, with its registered office at 15 quai aux fleurs, 75004 Paris (hereinafter "Maloc" or the "Company").

The Platform accessible at the domain https://maloc.fr constitutes an exclusively B2B2C service connecting professional luxury vehicle rental providers — French companies (SASU, SAS, SARL, sole traders) or French specialised concierge services — (the Providers) with individuals wishing to rent these vehicles (the Tenants).

Maloc does not contract with private individuals on the provider side. Every Provider is a legal entity or a registered independent professional, subject to the enhanced obligations described herein.

Access to and use of the Platform implies full and unreserved acceptance of these ToS. Any person who refuses to accept the terms must refrain from using the Platform.

Article 1 — PURPOSE AND SCOPE

1.1. These ToS define the conditions under which Users access the Maloc Platform, create an account, publish or view vehicle rental listings, make or receive Bookings, communicate with one another and use all services offered by Maloc.

1.2. These ToS apply to all Users, whether Providers (legal entities or professionals) or Tenants (private consumers), without restriction or reservation. They supplement the General Terms of Sale and Service (hereinafter the "GTS") and the Privacy Policy, which together with these ToS constitute the entire contractual framework governing the relationship between Maloc and its Users.

1.3. In the event of a conflict between these ToS and the GTS, the GTS shall prevail with respect to the financial and commercial aspects of transactions. In the event of a conflict between these ToS and a Rental Agreement entered into between a Provider and a Tenant, the Rental Agreement shall prevail with respect to the reciprocal obligations of the parties to that agreement, to the extent permitted by these ToS.

1.4. These ToS apply exclusively in the French language. In the event of a translation into another language for informational purposes, the French version shall prevail.

1.5. Maloc reserves the right to amend these ToS at any time, under the conditions and in accordance with the procedures set out in Article 22 below.

1.6. Applicability of consumer law. The provisions of this document relating to Tenants are drafted in compliance with Articles L. 111-1, L. 212-1, L. 212-2 and L. 221-1 et seq. of the French Consumer Code (Code de la consommation). No clause appears on the blacklist or greylist of unfair terms without being duly justified by an objective contractual balance.

Article 2 — DEFINITIONS

For the purposes of these ToS, the following terms are defined as follows:

"Platform": means all digital services operated by Maloc and accessible via the domains maloc.fr, maloc.fr and their associated subdomains, including websites, mobile applications, APIs and any other distribution channel.
"User": means any natural or legal person who has created an account on the Platform, whether a Provider or a Tenant.
"Provider" (Loueur): means any legal entity (SASU, SAS, SARL, SCI, or other corporate form) or any registered independent professional (sole trader, individual entrepreneur) duly registered with the Trade and Companies Register (RCS) or the National Register of Enterprises (RNE), habitually engaged in the activity of renting luxury vehicles, registered on the Platform via the space maloc.fr and having fulfilled all KYC verification obligations imposed by Maloc. No private individual may register as a Provider.
"Concierge Service" (Conciergerie): means any company mandated in writing by one or more vehicle owners to act as agent for the rental and operational management of those vehicles on the Platform. The Concierge Service assumes the same obligations as the Provider and is jointly and severally liable with the mandating owner for commitments made on the Platform. The Concierge Service must provide a signed management mandate for each vehicle managed.
"Mandating Owner" (Proprietaire Mandant): means any natural or legal person who owns a vehicle entrusted to a Concierge Service for rental on the Platform. The Mandating Owner is jointly and severally liable with the Concierge Service in the event of a dispute relating to their vehicle.
"Tenant" (Locataire): means any natural person of at least eighteen (18) years of age registered on the Platform via the domain maloc.fr, wishing to rent a vehicle from a Provider for non-commercial purposes.
"Vehicle": means any luxury automobile proposed for rental by a Provider on the Platform, the characteristics of which are set out in the corresponding Listing.
"Listing" (Annonce): means the presentation of a Vehicle published by a Provider on the Platform, including the description, photographs, rate, availability conditions and specific rental conditions.
"Booking" (Reservation): means the process by which a Tenant selects a Vehicle, sets a rental period, makes the required payment and receives confirmation from the Provider, resulting in the formation of a Rental Agreement between the two parties.
"Rental Agreement" (Contrat de location): means the agreement entered into directly between the Provider and the Tenant at Check-in, the standard template of which is provided by Maloc and whose clauses are specified in the document CONTRAT-MALOC.
"Check-in": means the handover of the Vehicle keys to the Tenant, together with the contradictory departure vehicle inspection and the electronic signature of the Rental Agreement via the Platform.
"Check-out": means the return of the Vehicle by the Tenant to the Provider, together with the contradictory return vehicle inspection.
"Account": means the personal space created by a User on the Platform, allowing access to Maloc's services after authentication.
"User Content": means all information, data, text, photographs, videos, comments, reviews and any other content published, submitted or transmitted by a User on the Platform.
"KYC" (Know Your Customer): means the identity verification, compliance and professional eligibility process imposed by Maloc on Providers and Tenants before any account activation, Listing publication or first Booking.
"Deposit" (Caution): means the amount subject to a bank pre-authorisation via Stripe on the Tenant's card, not debited unless invoked in accordance with the GTS and the Rental Agreement.
"Commission": means the remuneration received by Maloc on each confirmed Booking, expressed as a percentage of the total rental price excluding tax.
"Pro Plan" (Plan Pro): means the professional subscription taken out by Providers to access all features of the Platform in the space maloc.fr.
"Penalty Clause" (Clause Penale): means the stipulation by which the parties fix a lump-sum valuation of the loss resulting from a contractual breach, in accordance with Article 1231-5 of the French Civil Code (Code civil).
"Right of Recourse" (Action Recursoire): means the right of Maloc to seek reimbursement from the Provider for any sum that Maloc has been ordered to pay to a third party as a result of a fault of the Provider, in accordance with Articles 1231-1 et seq. of the French Civil Code.
"GDPR" (RGPD): means Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data.
"LCEN": means French Law No 2004-575 of 21 June 2004 on Confidence in the Digital Economy (Loi pour la Confiance dans l'Economie Numerique).
"DSA": means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services.
"PSD2" (DSP2): means Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market.

Article 3 — LEGAL STATUS OF MALOC

3.1. Status as platform operator. Maloc acts as an online platform operator within the meaning of Article L. 111-7 of the French Consumer Code and as a host within the meaning of Article 6 I 2° of the LCEN for content published by Users. In this capacity, Maloc facilitates the connection between professional Providers and Tenants without being a party to the rental agreements entered into between them.

3.2. What Maloc is not. Maloc is neither a vehicle rental company nor the owner of the Vehicles offered on the Platform, nor an insurer, insurance broker or insurance intermediary within the meaning of the French Insurance Code (Code des assurances). Maloc does not guarantee the quality, safety or conformity of the Vehicles offered for rental, nor the conduct of Users.

3.3. Maloc's insurance. Maloc takes out and maintains professional civil liability insurance covering its own activities as a platform operator. This insurance does not in any way cover the Vehicles, Providers or Tenants in respect of their own activities.

3.4. Host liability. In accordance with Article 6 I 2° of the LCEN, Maloc's civil or criminal liability cannot be engaged on account of User Content that it stores and hosts, provided that it had no actual knowledge of the unlawful activity and acted promptly to remove or disable access to the offending content once it became aware of it.

3.5. Fairness and transparency. In accordance with Article L. 111-7 of the French Consumer Code, Maloc undertakes to provide Users with fair, clear and transparent information regarding the general terms of use of the Platform, the methods of referencing and ranking Listings, the status of the advertiser (professional) and the existence of any commercial relationship that may influence the order of presentation of results.

3.6. DSA Regulation. As an online intermediation platform, Maloc is subject to the obligations of Regulation (EU) 2022/2065 on Digital Services (DSA), in particular Articles 11 to 16 on transparency, notification mechanisms and complaints handling, and Articles 22 to 25 on user protection.

3.7. Recourse against Providers. Given the exclusively professional nature of Providers (legal entities or registered professionals), Maloc has at its disposal all standard legal remedies against them, including: contractual liability claims (Art. 1231-1 French Civil Code), right of recourse, invocation of contractual guarantees and recourse to payment order proceedings. Corporate Providers are identifiable via their Kbis extract, SIRET number, identity of their legal representative and insurance certificates, all of which are retained by Maloc.

Article 4 — ACCESS TO THE PLATFORM

4.1. Availability. Maloc endeavours to ensure the availability of the Platform twenty-four hours a day, seven days a week. However, Maloc does not guarantee continuous and uninterrupted availability of the Platform and reserves the right to carry out maintenance, updates or improvements that may result in temporary interruptions.

4.2. Technical requirements. Access to the Platform requires an Internet connection and a browser or mobile application compatible with the technologies used by Maloc. Internet connection costs are borne exclusively by the User.

4.3. Access security. The User is responsible for the security of their login credentials. Any access to the Platform using the User's credentials is deemed to have been made by the User. In the event of loss, theft or fraudulent use of login credentials, the User must notify Maloc without delay at contact@maloc.life. Maloc reserves the right to suspend any account immediately in the event of suspected fraudulent access.

4.4. Suspension for fraud. Maloc reserves the right to suspend access to the Platform, without prior notice, in the event of serious suspicion of fraud, identity theft, money laundering or any unlawful activity. The suspension is notified to the User after the fact, unless the notification itself is likely to compromise an ongoing investigation.

Article 5 — REGISTRATION AND ACCOUNT CREATION

5.1. General registration conditions. To register on the Platform, the User must:

a) Be a natural person of at least eighteen (18) years of age for Tenants;
b) Be a legal entity duly registered with the RCS or the RNE, or a registered independent professional, for Providers;
c) Have a valid professional email address for Providers, or a valid personal email address for Tenants;
d) Provide accurate, complete and up-to-date information;
e) Accept these ToS, the GTS and the Maloc Privacy Policy in their entirety.

5.2. OTP verification for Tenants. Registration of a Tenant is subject to verification of the mobile telephone number and/or email address by a one-time password (OTP) sent by Maloc.

5.3. Uniqueness of account. Each User may hold only one account on the Platform. The creation of multiple accounts, particularly for the purpose of circumventing a suspension or ban, constitutes a serious breach of these ToS that may result in the deletion of all accounts concerned and a report to the competent authorities.

5.4. Real identity and legal entities. Providers undertake to register under their official trade name and to designate a duly authorised legal representative. The provision of false identity information constitutes a serious breach of these ToS and may constitute a criminal offence (forgery — Art. 441-1 French Criminal Code).

5.5. Updating information. The User undertakes to keep the information in their account up to date. The Provider is required to notify Maloc of any change affecting its legal, commercial or insurance situation within fifteen (15) days of the change. Any failure to comply with this obligation engages the contractual liability of the Provider.

Article 6 — IDENTITY VERIFICATION AND KYC PROCESS

6.1. Verification of Tenants. Before any first Booking, the Tenant must provide:

a) A copy of a valid driving licence, held for at least two (2) years;
b) A copy of an official identity document (national identity card or passport);
c) Confirmation of their mobile telephone number by OTP.

6.2. Driving conditions. To be authorised to rent a Vehicle on the Platform, the Tenant must be at least twenty-one (21) years of age and hold a valid driving licence for a minimum of two (2) years. These conditions are cumulative. Providers may impose additional conditions in their Listings.

6.3. Enhanced KYC process for Providers and Concierge Services. Activation of a Provider's or Concierge Service's account on the Platform is subject to the successful completion of a comprehensive KYC process, including the submission and verification of the following:

Mandatory documents for all Providers:

a) Kbis extract dated less than three (3) months attesting to registration with the RCS, or for sole traders, an extract from the National Register of Enterprises dated less than three (3) months;
b) Valid SIRET number corresponding to the vehicle rental activity;
c) Intra-community VAT number, except for sole traders not liable for VAT (in which case, a certificate of non-liability);
d) Valid professional civil liability insurance certificate (RC Pro) covering the vehicle rental activity;
e) Fleet automobile insurance certificate covering each Vehicle offered for rental to third parties for consideration, to be renewed annually;
f) Official identity document of the legal representative (national identity card or passport, front and back);
g) Professional bank account details (RIB) in the name of the company for the payment of rental income;
h) Proof of professional address (registered office) dated less than three (3) months.

Additional mandatory documents for Concierge Services:

i) Management mandate signed by the Mandating Owner for each Vehicle managed, specifying the authorisation for rental to third parties for consideration;
j) Contact details of the Mandating Owner (surname, first name or trade name, address, contact) for each Vehicle managed.

6.4. Verification via Stripe Connect. In connection with the use of Stripe Connect for payments, Providers are subject to the Stripe identity verification procedure, in compliance with anti-money laundering and counter-terrorism financing (AML/CTF) obligations imposed by Directive (EU) 2015/849 (AMLD5) and its implementing texts.

6.5. Refusal or suspension of verification. Maloc reserves the right to refuse account activation or to suspend an existing account if the identity verification reveals inaccurate or incomplete information or reasonable grounds for suspecting fraud. The User concerned is notified by email and has the opportunity to provide additional information within fifteen (15) days.

6.6. KYC renewal. The Provider undertakes to renew its KYC annually or upon the expiry of any submitted document (insurance certificate, Kbis extract). Failure to renew within the prescribed period results in the automatic suspension of the Provider's Listings until regularisation.

Article 7 — PROFESSIONAL STATUS OF THE PROVIDER AND ENHANCED OBLIGATIONS

7.1. Acknowledgement of professional status

The Provider expressly acknowledges acting in a professional capacity within the meaning of the introductory article of the French Consumer Code. As such:

The Provider does not benefit from any consumer protection in its relations with Maloc;
The Provider is subject to the enhanced obligations described in this Article 7;
The Provider assumes full responsibility for its rental activity and its employees.

7.2. Accuracy and completeness of Listings

The Provider undertakes to publish accurate, complete, truthful and up-to-date Listings, including in particular:

a) Recent and representative photographs of the Vehicle, faithfully reflecting its actual condition;
b) A precise description of the Vehicle (make, model, year, mileage, equipment);
c) Rental rates (price/day, price/week, additional mileage charges);
d) The deposit amount required;
e) Specific rental conditions (minimum age, usage restrictions, authorised territory);
f) Any pre-existing damage to the Vehicle.

7.3. Dual insurance obligation (RC Pro + Fleet)

7.3.1. The Provider undertakes to maintain at all times two types of mandatory insurance:

a) Professional Civil Liability Insurance (RC Pro) covering all vehicle rental activities, including damage caused to third parties in the course of such activities;

b) Fleet automobile insurance or comprehensive insurance per vehicle, expressly covering the provision of the Vehicle to third parties for consideration, in accordance with Articles L. 211-1 et seq. of the French Insurance Code (Code des assurances). This insurance must cover at a minimum:

Damage caused to third parties (mandatory civil liability);
Material damage to the Vehicle;
Theft of the Vehicle.

7.3.2. Insurance certificates must be uploaded to the maloc.fr space and kept up to date at all times. The expiry of a certificate without renewal results in the automatic suspension of all of the Provider's Listings.

7.3.3. The Provider warrants that its insurance policies are in force and effectively cover each rental carried out via the Platform. Failing this, the Provider assumes full and entire liability towards the Tenant and Maloc.

7.4. Vehicle maintenance and compliance

The Provider undertakes to maintain the Vehicle in a condition compliant with applicable road safety standards, with a current mandatory vehicle inspection and in good working order. The Provider undertakes not to offer for rental a Vehicle with a mechanical or safety defect likely to endanger the life of the Tenant or third parties.

7.5. Availability and calendar management

The Provider undertakes to keep its availability calendar up to date and not to accept a booking for a Vehicle that is unavailable. The cancellation of a confirmed booking by the Provider exposes the Provider to the penalties set out in Article 7.9 and the GTS.

7.6. Vehicle handover

The Provider undertakes to deliver the Vehicle to the Tenant in the condition described in the Listing, clean, with the fuel level indicated, together with all on-board documents (vehicle registration certificate, insurance certificate) and mandatory safety equipment.

7.7. Obligation to notify changes in circumstances

The Provider is required to notify Maloc within fifteen (15) days of any change affecting:

a) The trade name, registered office address or legal form of the company;
b) The identity or contact details of the legal representative;
c) The SIRET number or registration with the RCS;
d) Insurance (change of insurer, modification of cover, termination);
e) The judicial or administrative situation of the company or its director;
f) The cessation or suspension of rental activity.

Any failure to comply with this obligation may result in the immediate suspension of the account and engages the contractual liability of the Provider for any loss suffered by Maloc or the Tenants.

7.8. Guarantee and indemnification clause for Maloc

7.8.1. General guarantee. The Provider guarantees Maloc against any recourse, action, claim, judgment or costs (including legal fees) arising from:

a) A defect in the Vehicle, a hidden defect or a visible defect not reported at Check-in;
b) A lack of insurance or insufficient insurance cover;
c) Inaccurate or misleading information in the Listing;
d) A breach by the Provider or its employees of their legal or contractual obligations;
e) Fault by the Provider in the management of the rental or the return of the Vehicle.

7.8.2. Right of recourse. If Maloc is ordered by a competent court or compelled to pay a sum to a third party (Tenant or other) as a result of a fault, breach or negligence by the Provider, Maloc has a full right of recourse against the Provider for reimbursement of the sums paid, procedural costs and legal fees incurred, in accordance with Articles 1231-1 et seq. and 1303 et seq. of the French Civil Code.

7.8.3. Invocation of the guarantee. The guarantee is invoked by simple written notification to the Provider, accompanied by the evidence of the loss suffered by Maloc. The Provider has fifteen (15) days to contest the invocation of the guarantee by registered letter with acknowledgement of receipt to the registered office of Maloc.

7.9. Penalty clause for late cancellation by the Provider

7.9.1. In the event of cancellation of a confirmed Booking by the Provider:

a) The Tenant is fully refunded the rental price and service fees;
b) The Provider pays the Tenant a lump-sum indemnity of fifteen per cent (15%) of the total Booking price as a penalty clause, in accordance with Article 1231-5 of the French Civil Code, to compensate for the loss suffered (loss of enjoyment, need to find a replacement vehicle, etc.);
c) Maloc may deduct this indemnity from subsequent payments due to the Provider or request direct payment within eight (8) days.

7.9.2. The court may, in accordance with Article 1231-5 paragraph 2 of the French Civil Code, reduce or increase this penalty if it is manifestly excessive or derisory.

7.10. Joint and several financial liability for employees' faults

The Provider is jointly and severally and personally liable for damage caused by its employees, agents, mandataries or subcontractors acting in the course of the handover or receipt of the Vehicle, in accordance with Article 1242 of the French Civil Code. This liability is engaged in particular in the event of damage caused during the transport of the Vehicle to the Tenant, during the handover of keys or during a check-in carried out by an employee of the Provider.

7.11. Honesty and transparency

The Provider undertakes not to mislead Tenants regarding the nature, characteristics or condition of the Vehicle, not to conceal additional charges not mentioned in the Listing, and not to exert pressure on Tenants to obtain positive reviews.

7.12. Tax and social compliance

The Provider is solely responsible for all its tax obligations (VAT, corporate tax, CFE, CVAE) and social obligations arising from its rental income. Maloc transmits the necessary data to tax authorities in accordance with its legal obligations, in particular Directive (EU) 2021/514 (DAC7) transposed into Article 1649 ter A et seq. of the French General Tax Code (Code general des impots).

7.13. Specific obligations for Concierge Services

7.13.1. The Concierge Service acts as agent of the Mandating Owner and assumes jointly and severally with the latter all obligations set out in this Article 7.

7.13.2. The Concierge Service must submit to Maloc, for each Vehicle managed, a management mandate signed by the Mandating Owner, specifying:

The express authorisation for rental to third parties for consideration;
The duration of the mandate;
The powers granted to the Concierge Service (price setting, acceptance of bookings, signing of the rental agreement).

7.13.3. In the event of a dispute between a Tenant and the Concierge Service relating to a Vehicle under its management, Maloc is entitled to take action jointly and severally against the Concierge Service and the Mandating Owner, where the dispute is related to the Vehicle belonging to the latter.

7.13.4. The Concierge Service undertakes to maintain insurance cover for the Vehicles managed and to provide evidence, upon first request from Maloc, of the validity of the insurance covering each Vehicle managed.

Article 8 — OBLIGATIONS OF TENANTS

8.1. Respect for the Vehicle. The Tenant undertakes to use the Vehicle with due care, in strict compliance with its normal purpose and the highway code.

8.2. Valid driving licence. The Tenant warrants that, for the entire duration of the rental, they hold a valid driving licence in the category corresponding to the rented Vehicle, held for at least two (2) years.

8.3. Return of the Vehicle. The Tenant undertakes to return the Vehicle on the agreed date, at the agreed time and at the agreed location, in the condition in which it was received as recorded in the Check-in vehicle inspection, with the initial fuel level.

8.4. Incident reporting. The Tenant undertakes to report without delay to the Provider and to Maloc any accident, theft, damage or incident occurring to the Vehicle during the rental, and in any event within a maximum of twenty-four (24) hours of the event.

8.5. Driving obligations. The Tenant must not:

a) Drive under the influence of alcohol, drugs or any substance impairing driving ability;
b) Allow any person not declared and not authorised by the Provider to drive the Vehicle;
c) Sub-let the Vehicle or assign its use to a third party, whether for consideration or free of charge;
d) Use the Vehicle for unauthorised commercial purposes (private hire, delivery, etc.);
e) Take the Vehicle outside the authorised territory specified in the Listing without the prior written consent of the Provider via the Platform;
f) Use the Vehicle for competitions, speed trials or sporting purposes.

8.6. Payment of fines. The Tenant is solely responsible for fines, penalties and traffic violations committed during the rental period.

8.7. Prohibition of circumvention. The Tenant must not circumvent the Platform's payment system for rentals initiated via Maloc.

8.8. Pre-contractual information. In accordance with Article L. 111-1 of the French Consumer Code, Maloc provides the Tenant, before any Booking confirmation, with full pre-contractual information on the essential characteristics of the service (vehicle, dates, rental conditions, total price including tax, deposit, cancellation conditions, contact details of the professional Provider).

Article 9 — RATING AND REVIEW SYSTEM

9.1. Mutual rating. At the conclusion of each rental, the Provider and the Tenant may leave each other a rating out of five (5) and a comment via the Platform. The rating is mutual: the Provider's review is published only after the Tenant has submitted their own review, or upon expiry of a period of fourteen (14) days following check-out.

9.2. Verified reviews. In accordance with Article L. 111-7-2 of the French Consumer Code derived from Directive (EU) 2019/2161 (Omnibus), all reviews published on the Platform are linked to a verified rental. Only Users who have actually completed a rental may leave a review. The date of publication and the corresponding rental period are indicated.

9.3. Content of reviews. Reviews must be written in good faith and must not contain:

a) Defamatory, insulting, racist, discriminatory or dignity-violating statements;
b) Personally identifiable information relating to the other party;
c) Commercial content, hyperlinks or advertisements;
d) Manifestly false information or information intended to cause harm.

9.4. Moderation. Maloc reserves the right to remove any review that does not comply with the conditions of Article 9.3, after notification to the User concerned.

9.5. Right of reply. Any User who has received a review may respond publicly within thirty (30) days of its publication.

9.6. Time limit for review complaints. Any User who considers that a review is contrary to these ToS may report it to Maloc within sixty (60) days of its publication. This time limit is set to allow the User to effectively exercise their right of contestation without the period being so short as to constitute an unfair term.

9.7. Impact on account. An insufficient average rating or conduct contrary to these ToS may result in the measures set out in Article 16 of these ToS.

Article 10 — USER-GENERATED CONTENT

10.1. Liability for content. The User is solely responsible for the User Content that they publish on the Platform.

10.2. Licence granted to Maloc. By publishing User Content, the User grants Maloc a non-exclusive, worldwide, royalty-free, sub-licensable and assignable licence to third parties related to Maloc, for the sole purposes of:

a) Operating the Platform and providing Maloc's services;
b) Promoting the Platform;
c) Improving the services.

10.3. Duration of the licence. The licence terminates upon the deletion of the User Content or the closure of the account, subject to legal retention obligations.

10.4. User warranties. The User warrants to Maloc that its User Content does not infringe the rights of third parties and is not contrary to applicable law.

10.5. Reporting of unlawful content. In accordance with Article 16 of the DSA and Article 6 I 5° of the LCEN, any User or third party may report unlawful User Content via the Platform's reporting feature or by email to contact@maloc.life. Maloc processes reports promptly.

10.6. Prohibited content. It is strictly prohibited to publish on the Platform any content that infringes the rights of third parties, violates privacy, incites discrimination or hatred, contains malicious software or includes misleading commercial information.

Article 11 — INTELLECTUAL PROPERTY OF MALOC

11.1. Ownership of rights. The Platform, its architecture, design, features, source code, databases, trademarks, logos and trade names are the exclusive property of Maloc or its licensors. They are protected by copyright (Articles L. 111-1 et seq. of the French Intellectual Property Code) and trademark law (Articles L. 711-1 et seq. of the same Code).

11.2. User licence. Maloc grants the User a personal, non-exclusive, non-transferable and revocable licence to use the Platform solely for the purposes of the services in accordance with these ToS.

11.3. Prohibitions. It is strictly prohibited to reproduce, copy, distribute, decompile or disassemble all or part of the Platform without the prior written authorisation of Maloc. Data extraction (scraping) is expressly prohibited.

Article 12 — MESSAGING AND COMMUNICATIONS

12.1. Integrated messaging. The Platform provides Users with an internal messaging service to facilitate exchanges between Providers and Tenants in connection with Bookings.

12.2. Purpose of communications. Communications via the internal messaging service must be limited to exchanges strictly necessary for the preparation and performance of the rental.

12.3. Prohibitions in messaging. It is prohibited to use the internal messaging service to propose transactions outside the Platform, transmit information enabling circumvention of the payment system, send unsolicited advertising messages, or harass another User.

12.4. Retention of messages. Maloc retains messages exchanged via the internal messaging service in accordance with the Privacy Policy. These messages may be used as evidence in the event of a dispute and are accessible to judicial authorities upon request.

Article 13 — NON-SOLICITATION CLAUSE

13.1. Prohibition of Platform circumvention. The Provider and the Tenant are strictly prohibited from entering into directly between themselves, without using the Maloc Platform and its payment system, any rental transaction relating to a Vehicle presented on the Platform or involving parties who have been connected through the Platform.

13.2. Duration of the prohibition. This prohibition applies throughout the period of use of the Platform and for a period of twenty-four (24) months from the last connection made between the Provider and the Tenant via the Platform.

13.3. Non-solicitation penalty clause. Any breach of the prohibition set out in this Article obliges the offending party to pay a penalty equal to three (3) times the amount of the Commission that would have been owed to Maloc for the transaction in question, with a minimum of five hundred (500) euros per transaction identified, in accordance with Article 1231-5 of the French Civil Code. This penalty clause does not preclude an action for additional damages.

13.4. Proof of violation. Maloc may prove the violation by any means, including internal messaging exchanges, booking data or any other corroborating evidence.

Article 14 — RETENTION OF FUNDS AND ESCROW

14.1. Precautionary right of retention. In the event of a declared dispute between a Provider and a Tenant, Maloc reserves the right to block on a precautionary basis the funds corresponding to the disputed transaction (rental price, service fees, Deposit) in escrow via Stripe, until the dispute is resolved. This precautionary measure does not constitute a sanction but a protection of the interests of the parties.

14.2. Duration of the escrow. The escrow terminates upon conclusion of the internal mediation procedure or upon the closing of the dispute by a final judicial decision.

14.3. Maloc's right of retention. Maloc has a right of retention over funds owed to the Provider in the event of a proven breach by the Provider of its contractual obligations (lack of insurance, uncompensated damage caused to the Tenant, wrongful cancellation, non-solicitation penalty clause). This right of retention is exercised up to the amount of the established loss.

14.4. Payment after resolution. Upon conclusion of the dispute resolution procedure, the funds are paid to the party in whose favour the decision has been made, after deduction of any amounts retained under penalty clauses or indemnities owed.

Article 15 — EVIDENCE AGREEMENT

15.1. The User acknowledges and accepts that Maloc's information systems constitute the agreed means of proof between the parties, in accordance with Article 1366 of the French Civil Code.

15.2. The following elements are presumed to be reliable and constitute proof until evidence to the contrary is provided by the User:

a) Maloc's server logs and system records;
b) Automatic UTC timestamps of events on the Platform;
c) GPS data and geolocation metadata associated with vehicle inspection photographs;
d) Check-in and check-out photographs taken via the Maloc application, automatically timestamped and geolocated;
e) Electronic booking confirmations, transactional emails and push notifications sent by Maloc;
f) Messages exchanged via the Platform's internal messaging service;
g) Electronic signatures affixed to documents via the Platform.

15.3. The electronic signature of documents produced via the Platform, in particular the Rental Agreement, has the same legal value as a handwritten signature, in accordance with Article 1367 of the French Civil Code and Regulation (EU) No 910/2014 (eIDAS).

15.4. The User acknowledges that emails transmitted via the Platform constitute written documents within the meaning of Article 1369 of the French Civil Code.

Article 16 — SANCTIONS

16.1. Warning. In the event of a first minor violation, Maloc may issue a warning to the User by email, indicating the nature of the breach and inviting the User to remedy it within forty-eight (48) hours.

16.2. Temporary suspension. In the event of a violation of these ToS or the GTS, serious misconduct, abusive behaviour or suspicion of fraud, Maloc may temporarily suspend the User's account. The suspension is notified by email with a statement of reasons.

16.3. Immediate termination of Provider account. Without prior notice or indemnity, Maloc may immediately terminate a Provider's account in the following cases:

a) Deregistration from the RCS or declared cessation of activity;
b) Commencement of insolvency proceedings (safeguard, judicial recovery, judicial liquidation);
c) Lack of insurance: expiry of insurance certificates without renewal within eight (8) days;
d) Final criminal conviction of the legal representative for an offence related to the rental activity or affecting commercial honesty;
e) Serious and repeated breach of the obligations set out in these ToS;
f) Proven identity fraud or provision of falsified documents.

16.4. Permanent ban of Tenants. Situations justifying a permanent ban include in particular:

a) Identity fraud or provision of falsified documents;
b) Publication of false reviews;
c) Repeated circumvention of the payment system;
d) Violence or harassment towards other Users;
e) Acknowledged driving under the influence of alcohol or drugs;
f) Failure to return the Vehicle or misappropriation.

16.5. Reporting to authorities. Maloc reserves the right to report to the competent judicial or administrative authorities any conduct likely to constitute a criminal offence, in accordance with Article 40 of the French Code of Criminal Procedure (Code de procedure penale) and Article 6 I 7° of the LCEN.

16.6. Internal right of appeal. In accordance with Article 17 of the DSA Regulation, any User subject to a suspension or ban measure may contest this decision within thirty (30) days of notification, by sending a reasoned email to contact@maloc.life. Maloc examines the appeal and notifies its decision within fifteen (15) business days.

16.7. Precautionary measures. In an emergency, particularly where a User poses an immediate risk to other Users or to the safety of persons, Maloc may take immediate precautionary measures, without prior notice, and notify the User after the fact.

Article 17 — LIABILITY OF MALOC

17.1. Liability limited to intermediary status. Maloc acts exclusively as a technical intermediary and platform operator. It cannot be held liable for damage arising directly from the performance or non-performance of rental agreements entered into between Providers and Tenants.

17.2. Exclusion of warranty on Vehicles. Maloc does not guarantee the conformity, quality, safety or availability of the Vehicles offered for rental, nor the accuracy of the information published by the Providers in their Listings.

17.3. Limitation of liability. To the extent permitted by applicable law, Maloc's liability under these ToS and the GTS is limited to the amount of the Commission received for the transaction in question. This limitation does not apply:

a) In the event of intentional fault or gross negligence by Maloc;
b) In the event of personal injury;
c) In the event of a data breach attributable to Maloc.

17.4. Force majeure. Maloc shall not be held liable for any failure resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code.

Article 18 — ASSIGNMENT OF THE CONTRACT

18.1. Maloc reserves the right to assign these ToS and all rights and obligations arising therefrom to any third-party acquirer of all or part of its business or goodwill, in particular in the context of a merger, acquisition, asset transfer or restructuring. In such a case, the assignee shall be bound by these ToS and the Privacy Policy.

18.2. Users shall be notified of the assignment by email within thirty (30) days prior to its effective date. In the event of disagreement, consumer Tenants may terminate their account free of charge within thirty (30) days of the notification.

18.3. Providers may not assign the rights and obligations arising from these ToS without the prior written consent of Maloc.

Article 19 — PERSONAL DATA PROTECTION

19.1. The processing of Users' personal data is governed by the Maloc Privacy Policy, accessible on the Platform and constituting a separate contractual document.

19.2. Maloc acts as data controller for Users' personal data within the meaning of the GDPR. Providers act as data controllers for their clients' personal data in the context of their own activities.

Article 20 — COOKIES

20.1. Maloc uses cookies and trackers on the Platform in accordance with the recommendations of the CNIL (French Data Protection Authority) of 17 September 2020 and Article 82 of the French Data Protection Act (loi Informatique et Libertes).

20.2. Only cookies strictly necessary for the operation of the Platform are placed without the prior consent of the User. Other cookies (analytical, marketing) require the explicit and prior consent of the User, who may withdraw it at any time as easily as it was given.

Article 21 — CONSUMER MEDIATION

21.1. Prior complaint. Before resorting to mediation, the User is invited to send their complaint to Maloc by email at contact@maloc.life. Maloc undertakes to respond within thirty (30) days.

21.2. Consumer mediator. In accordance with Articles L. 611-1 et seq. of the French Consumer Code transposing Directive 2013/11/EU, and Article L. 616-1 of the same Code, Maloc has appointed a consumer mediator accredited by the Consumer Mediation Evaluation and Control Commission (CECMC), accessible free of charge to consumer Tenants via the page https://maloc.fr/mediation.

21.3. European ODR platform. In accordance with Regulation (EU) No 524/2013, consumers may also have recourse to the European Commission's Online Dispute Resolution (ODR) Platform accessible at: https://ec.europa.eu/consumers/odr.

21.4. Free of charge for the Tenant. Consumer mediation is free of charge for the Tenant.

21.5. Non-applicability to Providers. Consumer mediation does not apply to Providers, who act in a professional capacity. Disputes between Maloc and Providers are subject to the competent commercial courts.

Article 22 — AMENDMENT OF THE ToS

22.1. Right of amendment. Maloc reserves the right to amend these ToS at any time, in particular to adapt them to legislative and regulatory developments, new Platform features or new practices in the sector.

22.2. Prior notification. For any substantive amendment to the ToS (access conditions, User obligations, financial conditions, liability regime, sanctions), Maloc shall notify Users by email at least thirty (30) days before the effective date of the amendments.

22.3. Non-substantive amendments. Non-substantive amendments (typographical corrections, updates to legal references, editorial clarifications not affecting rights and obligations) may be made without prior notice and take effect upon publication.

22.4. Right of termination. In the event of refusal of the new ToS, the User may terminate their account free of charge before the effective date of the amendments, by sending an email to contact@maloc.life.

22.5. Acceptance by use. Use of the Platform after the effective date of the new ToS constitutes definitive acceptance.

22.6. Archiving. Successive versions of the ToS are archived by Maloc and accessible to Users upon request.

Article 23 — RIGHT OF WITHDRAWAL

23.1. In accordance with Article L. 221-28, 12° of the French Consumer Code, the fourteen (14) day right of withdrawal provided for in Article L. 221-18 of the same Code does not apply to vehicle rental agreements that provide for a specific date or period of performance.

23.2. Rationale for the exclusion. The exclusion of the right of withdrawal is justified by the very nature of the service: the Booking of a Vehicle for specific dates renders the service unavailable to other potential Tenants, creating a certain economic loss for the Provider if the Tenant could freely withdraw within fourteen days. This exclusion is consistent with the ratio legis of the European legislator and has been confirmed by the case law of the Court of Justice of the European Union.

23.3. The applicable cancellation conditions are those defined in the GTS.

23.4. However, the Pro Plan subscription taken out by Providers benefits from the statutory fourteen (14) day right of withdrawal from the date of subscription, unless the service has been fully performed before the end of this period with the express consent of the Provider.

23.5. Absence of arbitration clause. In accordance with Article 2061 of the French Civil Code, no arbitration clause is stipulated in these ToS for Tenants acting as consumers. Only the remedies mentioned in these ToS (consumer mediation, ODR Platform, competent courts) are applicable.

Article 24 — APPLICABLE LAW AND JURISDICTION

24.1. Applicable law. These ToS are governed by French law.

24.2. Jurisdiction — Tenants. In the event of a dispute relating to these ToS between Maloc and a consumer Tenant, and in the absence of an amicable resolution, the dispute shall be submitted to the competent courts in accordance with the protective territorial jurisdiction rules of Article R. 631-3 of the French Consumer Code (court of the consumer's domicile).

24.3. Jurisdiction — Providers. In the event of a dispute relating to these ToS between Maloc and a Provider (professional), the dispute shall be submitted to the exclusive jurisdiction of the Paris Commercial Court (Tribunal de Commerce de Paris), in accordance with Article 48 of the French Code of Civil Procedure (Code de procedure civile). The parties expressly acknowledge the validity of this jurisdiction clause, both parties acting in a professional capacity.

Article 25 — FINAL PROVISIONS

25.1. Non-waiver clause. The failure of Maloc to exercise any provision of these ToS at any given time shall not be construed as a waiver of the right to exercise all or part of such provisions at a later date.

25.2. Severability. If one or more provisions of these ToS are held to be invalid, the remaining provisions shall retain their full force and effect. The provision declared void shall be replaced by a provision as close as possible to the original intent of the parties.

25.3. Entire agreement. These ToS, the GTS, the Privacy Policy and, where applicable, the Rental Agreement constitute the entire agreement between Maloc and the User.

Article 26 — CONTACT

26.1. For any questions relating to these ToS:

By email: contact@maloc.life
By post: MALOC SASU, 15 quai aux fleurs, 75004 Paris

26.2. For any questions relating to personal data protection: dpo@maloc.life

26.3. For any complaint by a Provider relating to measures taken by Maloc: contact@maloc.life (subject: "Provider Complaint — [Account Number]")

MALOC SASU — Terms of Service — Version 2.0 of 22 March 2026
Replaces and supersedes the version of 21 March 2026