General Terms and Conditions of Sale (GTCS)

Last updated: 2 July 2026

These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the subscription to and paid use of the online service ThumbLead, accessible at https://thumblead.com (hereinafter the "Service" or "ThumbLead").

ThumbLead is an online software (SaaS — Software as a Service) intended for freelance YouTube thumbnail designers. In particular, it offers features for YouTube channel prospecting, thumbnail analysis using artificial intelligence, customer relationship management (CRM: contacts and orders), invoicing (quotes, invoices, credit notes), scheduling (with Google Calendar synchronization), and prospecting e-mail sequences (sent from the user's own e-mail inbox).

Any subscription to a paid plan entails full, complete, and unreserved acceptance of these GTCS.

Article 1 — Purpose and scope

1.1. The purpose of these GTCS is to define the conditions under which the Publisher (defined in Article 2) provides the Service to any person subscribing to a paid plan (hereinafter the "Customer" or the "User").

1.2. The GTCS apply to the exclusion of all other terms and conditions, and in particular those applicable to other sales or communication channels.

1.3. ThumbLead is primarily aimed at professionals (freelancers, self-employed persons, micro-entrepreneurs, or companies) acting within the scope of their business activity. Certain protective provisions specific to the consumer (within the meaning of the preliminary article of the French Consumer Code (Code de la consommation)) apply only to Customers who qualify as consumers or non-professionals; they are expressly identified as such herein.

1.4. These GTCS are accessible at all times on the website and prevail, where applicable, over any other version. They supplement the Terms of Use (ToU) and the Privacy Policy of the Service, to which the Customer should refer for non-financial matters.

1.5. Subscribing to a paid plan implies that the Customer has read and accepted these GTCS by ticking the box provided for that purpose during the order process.

Article 2 — Identity of the seller

The Service is published and marketed by:

• Publisher / Seller: Enzo Violante
• SIRET number: 948 968 318 000 14
• Postal address: 6 rue Émile Barthe, 34500 Béziers, France
• Intra-community VAT number: TVA non applicable, article 293 B du CGI (VAT-exempt basic scheme)
• Contact e-mail address: contact@thumblead.com
• Publication director: Enzo Violante

Hosting: the Service and its database (PostgreSQL) are hosted by Railway Corporation, 548 Market Street, San Francisco, CA 94104, United States.

The Customer may contact the Publisher with any question relating to their order or to these GTCS at the contact e-mail address indicated above.

Article 3 — Description of plans and prices

3.1. Plans. ThumbLead is offered in the form of subscriptions giving access to the Service under three plans:

3.2. Content of the plans. The functional scope (usage limits, quotas, included features) of each plan is described on the pricing page of the website at the time of subscription. The Free plan is free of charge and falls within the scope of these GTCS only with respect to the provisions applicable to it; subscribing to a paid plan (Pro or Max) triggers all of the financial obligations described below.

3.3. Prices. Prices are indicated in euros (€).

3.4. VAT. TVA non applicable, article 293 B du CGI (VAT-exempt basic scheme). Where VAT is applicable, the prices excluding tax and the applicable VAT rate are displayed at the time of ordering, and the amount inclusive of all taxes (TTC) constitutes the amount actually due.

3.5. Annual billing. For annual billing plans, the total annual amount (€228 for the Pro plan, €588 for the Max plan) is billed and charged in a single payment, at the start of the period, for twelve (12) months of access. The monthly price displayed alongside (€19 and €49) corresponds to the equivalent average monthly cost and is not charged monthly.

3.6. Monthly billing. For monthly billing plans, the monthly amount (€24 for the Pro plan, €59 for the Max plan) is billed and charged each month, at the start of the period.

3.7. The prices displayed are those in force on the day of the order. The Publisher reserves the right to modify its prices under the conditions of Article 15.

Article 4 — Order and conclusion of the contract

4.1. Order process. Subscription to a paid plan is carried out online, on the website, according to the following steps:

1. selection of the plan (Pro or Max) and the billing frequency (monthly or annual);
2. creation of or login to a user account;
3. entry or confirmation of billing information;
4. entry of payment data via the secure interface of our payment provider Stripe;
5. acceptance of these GTCS and, where applicable, expression of consent relating to the immediate performance of the Service (Article 7);
6. final validation of the order (clicking the confirmation button entailing payment).

4.2. Formation of the contract. The contract is validly concluded upon validation of the order and confirmation of payment by Stripe. The Customer then receives a confirmation by electronic means.

4.3. Accuracy of information. The Customer guarantees the accuracy of the information provided when placing the order. The Publisher shall not be held liable for the consequences of erroneous or incomplete information provided by the Customer.

4.4. Capacity. By placing an order, the Customer declares that they have the legal capacity to contract and, if acting on behalf of a legal entity, the authority to bind it.

Article 5 — Payment

5.1. Payment provider. Payments are processed by Stripe (Stripe Payments Europe, Ltd., Ireland), a payment services provider. The Customer is invited to review Stripe's applicable terms. By entering their bank details, the Customer accepts the processing of the payment by Stripe.

5.2. Means of payment. Payments are made by bank card or by any other means of payment offered by Stripe at the time of the order.

5.3. Security and non-storage of bank data. ThumbLead never directly stores or processes bank data (card number, security code, etc.). Such data is exclusively collected and processed by Stripe in a secure environment compliant with prevailing standards (in particular PCI-DSS).

5.4. Recurring direct debit authorization. By subscribing, the Customer authorizes the Publisher, via Stripe, to charge the subscription amount at each due date (monthly or annual), according to the frequency chosen, until termination under the conditions of Article 9.

5.5. Due date. The price is payable in advance, on the subscription date and then on each renewal anniversary date.

5.6. Payment failure. In the event of rejection, refusal, or failure of payment on a due date:

• one or more new charge attempts may be made via Stripe;
• the Publisher may notify the Customer by electronic means so that they can regularize their situation (for example by updating their means of payment);
• failing regularization within a reasonable time, the Publisher reserves the right to suspend access to the Service, and then to terminate the subscription, without prejudice to the recovery of amounts still due.

5.7. Late payment (professional Customer). In accordance with Articles L441-10 et seq. of the French Commercial Code (Code de commerce), any late payment by a professional Customer automatically results in the application of late-payment penalties at the increased statutory interest rate, as well as a fixed indemnity for recovery costs of €40.

Article 6 — Term, tacit renewal, and notice period (Chatel Act)

6.1. Term. The subscription is taken out for an initial period corresponding to the frequency chosen: one (1) month for the monthly subscription, or twelve (12) months for the annual subscription.

6.2. Tacit renewal. At the end of the current period, the subscription is tacitly renewed for a new period of the same duration (monthly for the monthly subscription, annual for the annual subscription), and the corresponding price is charged automatically, unless terminated under the conditions of Article 9.

6.3. Information relating to renewal (the "Chatel" Act — consumer Customer). In accordance with Article L215-1 of the French Consumer Code, the Publisher informs the consumer or non-professional Customer, in writing (by e-mail) and at the earliest three (3) months and at the latest one (1) month before the end of the period allowing rejection of renewal, of the possibility of not renewing the contract. Failing such information, the Customer may terminate the contract free of charge, at any time from the renewal date, under the conditions provided for in Articles L215-1 to L215-3 of the French Consumer Code. Amounts unduly collected after the termination date are refunded, less the amounts corresponding, up to that date, to the performance of the contract.

6.4. Online termination (Article L215-1-1 of the French Consumer Code). A consumer Customer who subscribed by electronic means may terminate by the same means, using the termination feature accessible via the customer portal (Article 9).

6.5. Renewal does not have the effect of automatically carrying over any promotional discounts that may have been granted at the time of the initial subscription, unless otherwise stated.

Article 7 — Right of withdrawal and waiver of immediate activation

7.1. Principle (consumer Customer). In accordance with Article L221-18 of the French Consumer Code, a Customer who qualifies as a consumer has, in principle, a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons for their decision or bear any costs other than those provided for by law.

7.2. Immediate performance and express waiver. ThumbLead being a digital service whose performance begins immediately after subscription, the Publisher offers the Customer, at the time of purchase, the option to request immediate performance of the Service and to expressly waive their right of withdrawal, in accordance with Article L221-28, 13° of the French Consumer Code (transposing Article 16(m) of Directive 2011/83/EU).

7.3. Mechanism. This waiver is carried out by means of a specific, non-pre-ticked checkbox, distinct from the acceptance of these GTCS, presented during the order process. By voluntarily ticking this box, the Customer:

• expressly requests that performance of the Service begin immediately, before the expiry of the 14-day withdrawal period; and
• expressly acknowledges and accepts that they lose their right of withdrawal once the Service has been fully performed, performance having begun with their prior express consent.

7.4. Consequence. If the Customer has ticked this box and access to the Service has been opened to them, they may no longer invoke the 14-day right of withdrawal and no refund on this basis may be claimed.

7.5. Absence of waiver. If the consumer Customer does not tick this box, they retain their 14-day right of withdrawal; the effective opening of access to the Service may then be deferred until the end of that period. The Customer may exercise their right of withdrawal by any unambiguous statement (for example by e-mail to the contact address) or by means of the standard withdrawal form. In the event of a validly exercised withdrawal, the Publisher refunds the sums paid within fourteen (14) days of receipt of the request.

7.6. Professional Customers. The right of withdrawal provided for in this article is reserved for consumers. As the vast majority of ThumbLead's Customers act for the purposes of their professional activity, the right of withdrawal is, in principle, not applicable to them. No provision of this article may be interpreted as conferring a right of withdrawal on a professional Customer who would not be legally entitled to it.

Article 8 — Standard withdrawal form

(For the attention of consumer Customers only who have not waived their right of withdrawal — Article 7.5.)

For the attention of Enzo Violante, 6 rue Émile Barthe, 34500 Béziers, France, contact@thumblead.com:

I hereby notify you of my withdrawal from the contract relating to the provision of the service below:

• Order placed on: ……………
• Consumer's name: ……………
• Consumer's address: ……………
• Signature (only in the case of notification on paper): ……………
• Date: ……………

Article 9 — Termination

9.1. Termination by the Customer

9.1.1. The Customer may terminate their subscription at any time, free of charge and without giving reasons, directly from the Stripe customer portal accessible from their ThumbLead account.

9.1.2. Termination takes the form of stopping the automatic renewal of the subscription. It does not entail immediate interruption of the Service: the Customer retains access to the Service until the end of the period already paid for (end of the current month for a monthly subscription, end of the current year for an annual subscription).

9.1.3. At the end of that period, the subscription ends and is not renewed; no new charge is made.

9.1.4. No pro rata refund. Termination by the Customer does not give rise to any refund, total or partial, on a pro rata basis of the current period already paid for. The amounts corresponding to the current period remain vested in the Publisher, subject to the Customer's mandatory legal rights (in particular in the event of non-conformity — see Article 10).

9.2. Termination by the Publisher

9.2.1. The Publisher may suspend or terminate the subscription, automatically and without compensation, in the event of:

• default or failure of payment not regularized (Article 5.6);
• serious breach by the Customer of their contractual obligations, in particular the ToU (fraudulent, unlawful, or abusive use, harm to the security or integrity of the Service, non-compliance with the terms of use of third-party services such as Google/YouTube);
• legal or regulatory requirement or decision of a competent authority.

9.2.2. Except in cases of emergency, serious misconduct, or legal obligation, termination by the Publisher for breach is preceded by a formal notice, sent by electronic means, that has remained without effect for a reasonable period.

9.2.3. In the event of termination by the Publisher for a reason not attributable to the Customer (for example discontinuation of the Service), the Publisher may refund the portion of the subscription paid for and not consumed.

Article 10 — Refund policy

10.1. General principle. Given the nature of the Service (provision of digital content / a digital service with immediate performance) and the waiver provided for in Article 7, no refund is due once the Service has been activated and used, including in the event of termination during a period or of under-use of the Service by the Customer.

10.2. Cross-reference. The terms of termination and the absence of a pro rata refund are detailed in Article 9. The rules relating to the right of withdrawal and its waiver are set out in Article 7.

10.3. Mandatory legal rights. This article does not preclude the rights that the Customer holds mandatorily by law, in particular:

• the legal guarantee of conformity applicable to digital content and services (Articles L224-25-1 et seq. of the French Consumer Code), under which the Publisher is liable for defects of conformity of the Service. In the event of non-conformity, the Customer may claim the bringing of the Service into conformity and, failing that, a price reduction or rescission of the contract, under the conditions provided for by law;
• the rights arising from the Publisher's liability in the event of a breach of its obligations.

10.4. Any refund request based on a mandatory legal right must be sent to the Publisher at the contact address indicated in Article 2, together with the relevant supporting documents.

Article 11 — VAT and invoices

11.1. Invoices. An invoice is issued for each payment and made available to the Customer by electronic means (in their customer area and/or by transactional e-mail). The Customer may also access their billing history via the Stripe customer portal.

11.2. VAT. The VAT treatment is indicated in Article 3.4. TVA non applicable, article 293 B du CGI (VAT-exempt basic scheme). The VAT mention appearing on the invoices corresponds to the tax regime actually applicable to the Publisher.

11.3. Professional Customer subject to VAT in the EU. Where applicable, a professional Customer established in another Member State of the European Union and holding a valid intra-community VAT number shall communicate its references so that the reverse-charge regime may, where appropriate, apply.

11.4. Retention. The Customer is invited to retain their invoices. The Publisher retains them in accordance with its legal retention obligations.

Article 12 — Availability of the service and maintenance

12.1. Accessibility. The Publisher endeavors to ensure the accessibility of the Service 24 hours a day, 7 days a week, subject to maintenance operations, technical constraints, and cases of force majeure.

12.2. Best-efforts obligation. The accessibility of the Service constitutes a best-efforts obligation (obligation de moyens). The Publisher does not guarantee uninterrupted and error-free availability.

12.3. Maintenance. The Publisher may interrupt access to the Service for maintenance, updating, or improvement operations. As far as possible, significant scheduled interruptions are announced in advance and planned to limit their impact.

12.4. Third-party dependencies. The Service relies in part on third-party services (in particular Railway hosting, Stripe payments, Google services — Gemini API, OAuth, Google Calendar — as well as Resend and/or Gmail SMTP for sending e-mails). The unavailability, modification, limitation, or interruption of these third-party services may affect all or part of the Service's features, without the Publisher's liability being engaged on this basis, subject to its mandatory legal obligations.

12.5. Evolution of the Service. The Publisher may make changes to the Service's features. When a change substantially alters an essential feature of an ongoing paid plan, the Publisher endeavors to inform the Customers concerned.

Article 13 — Liability and guarantees

13.1. Nature of the Service. ThumbLead is a tool made available to the Customer. The Customer remains solely responsible for the use they make of it, in particular for their prospecting actions, the content of the e-mails sent from their own e-mail inbox, their relationship with their own clients, and compliance with the applicable rules (in particular regarding commercial prospecting, canvassing, and the protection of the data of the contacts they manage).

13.2. AI-generated content. The thumbnail analyses and suggestions produced by artificial intelligence (via Google Gemini) are provided for guidance and decision-support purposes. They may contain inaccuracies or errors. The Publisher does not guarantee the accuracy, relevance, or commercial performance of the results produced; the Customer retains full responsibility for the decisions they make on that basis.

13.3. Limitation of liability. Within the limits authorized by law, the Publisher's liability in respect of the Service is limited to direct, foreseeable damages personally suffered by the Customer. The Publisher shall not be held liable for indirect damages, in particular loss of revenue, loss of clientele, loss of data not attributable to the Publisher, or commercial or reputational harm. With respect to professional Customers, and save in cases of gross negligence or willful misconduct, the Publisher's total liability, for all damages combined, is capped at the total amount of the sums actually paid by the Customer in respect of the subscription during the twelve (12) months preceding the triggering event.

13.4. No reduction of consumer rights. No provision of this article has the effect of limiting or excluding the Publisher's liability in cases where such limitation or exclusion would be prohibited by law, in particular under the legal guarantee of conformity owed to the consumer.

13.5. Customer's obligations. The Customer undertakes to use the Service in accordance with these GTCS, the ToU, and applicable regulations. The Customer is responsible for the confidentiality of their login credentials and for the consequences of their use.

Article 14 — Force majeure

14.1. The Publisher's liability shall not be engaged in the event of non-performance or delay in the performance of its obligations resulting from a case of force majeure, within the meaning of Article 1218 of the French Civil Code (Code civil) and the case law of the French courts.

14.2. The following are notably considered cases of force majeure, without this list being exhaustive: natural disasters, fires, floods, epidemics or pandemics, acts of war or terrorism, riots, decisions of public authorities, major failures or interruptions of telecommunications or electricity networks, major and unforeseeable failures of hosting or infrastructure providers, and cyberattacks of exceptional magnitude.

14.3. In the event of force majeure, the affected obligations are suspended for the duration of the event. If the impediment is permanent or continues beyond a reasonable period, either party may terminate the contract, without compensation, under the conditions of Article 1218 of the French Civil Code.

Article 15 — Amendment of the GTCS and prices

15.1. Amendment of the GTCS. The Publisher reserves the right to amend these GTCS at any time. The applicable version is the one in force on the date of the order or renewal.

15.2. In the event of a substantial amendment affecting an ongoing subscription, the Publisher informs the Customer by electronic means within a reasonable time before it comes into force. A Customer who does not accept the new terms may terminate their subscription under the conditions of Article 9; failing termination, continued use of the Service or renewal constitutes acceptance of the amended GTCS.

15.3. Price changes. The Publisher may modify its prices. Any price change affecting an ongoing subscription is notified to the Customer by electronic means before it takes effect. The new price applies only as of the following renewal. A Customer who refuses the new price may terminate their subscription (stopping renewal) before it takes effect, under the conditions of Article 9; the price in force remains applicable until the end of the period already paid for.

15.4. Prices already paid for a current period are not affected by a subsequent price change.

Article 16 — Personal data

16.1. The processing of personal data within the framework of the Service is described in ThumbLead's Privacy Policy, to which the Customer should refer.

16.2. The Publisher acts as data controller for the data necessary for the management of the account, the subscription, and billing. Payment is processed by Stripe and data hosting is provided by Railway (United States), which involves a transfer of data outside the European Union governed by appropriate safeguards (in particular the European Commission's standard contractual clauses), as detailed in the Privacy Policy.

16.3. The Customer has the rights of access, rectification, erasure, portability, objection, and restriction, as well as the right to lodge a complaint with the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés, CNIL), under the conditions specified in the Privacy Policy.

Article 17 — Applicable law and disputes

17.1. Applicable law. These GTCS are governed by French law.

17.2. Prior complaint. In the event of a difficulty, the Customer is invited to contact the Publisher at the address indicated in Article 2 in order to seek an amicable solution.

17.3. Consumer mediation. As the Service is reserved for professionals acting for the purposes of their activity, the provisions of Articles L611-1 et seq. of the French Consumer Code relating to consumer mediation are not applicable.

17.4. Competent jurisdiction.

• For disputes with a consumer Customer, jurisdiction is determined by the mandatory rules of the French Code of Civil Procedure (Code de procédure civile) and the French Consumer Code; the consumer may in particular bring the matter, at their choice, before the court of the place where they resided at the time the contract was concluded or where the harmful event occurred.
• For disputes with a professional Customer, and in the absence of an amicable resolution, jurisdiction is granted to the courts of the district in which the Publisher's registered office is located, unless a mandatory legal provision provides otherwise.

17.5. Language. These GTCS are drafted in the French language. They may be offered, for purely informational purposes, in other languages; in the event of any contradiction or divergence of interpretation between the French version and a translation, only the French version shall prevail.