TERMS OF SERVICE

Last updated: August 23, 2026

OVERVIEW

Welcome to TOUT AU CLAIR. The terms "we," "us," and "our" refer to TOUT AU

CLAIR. TOUT AU CLAIR operates the shop and website at

https://store.toutauclair.com, including all associated information, content,

features, tools, products and services, and also provides messaging and

automation services to business clients (together, the "Services").

Our online shop is hosted by Chariow (www.chariow.com), which enables us to

provide you with the shop.

These Terms of Service (these "Terms") describe your rights and obligations

when you use the Services. Please read them carefully: they contain important

information about your legal rights, including warranty disclaimers and

limitations of liability.

By visiting, interacting with or using any of the Services, you agree to these

Terms and to our Privacy Policy, available at

https://store.toutauclair.com/privacy-policy. If you do not agree, you may not

use or access the Services.

SECTION 1 - WHO WE ARE

TOUT AU CLAIR

N'DEMBA MAYEL-KERY BOSSE

RCCM RB/ABC/26 A 141885 - IFU 0202674861358

Grand-Popo, Mono, Republic of Benin

contact@toutauclair.com

https://store.toutauclair.com

SECTION 2 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are of legal age in the

country or region where you reside, or that you have the consent of your legal

guardian.

To use the Services, including purchasing products or services, you may be

required to provide information such as your email address and billing and

payment information. You represent and warrant that all information you

provide is correct, current and complete, and that you are authorised to

provide it.

You are solely responsible for the security of your account credentials and

for all activity on your account. You may not transfer, sell, assign or

licence your account to another person.

SECTION 3 - OUR PRODUCTS AND SERVICES

We offer digital products and services, which may include downloadable files,

online courses, software licences, templates, consulting and coaching, and

messaging and automation services operated on behalf of business clients.

We make every effort to describe our products and services accurately.

However, we do not warrant that their appearance, content or results will meet

your expectations.

Product descriptions, availability and features may change at any time at our

sole discretion. We reserve the right to discontinue any product or service at

any time, and to limit the quantities we offer to any person, geographic

region or jurisdiction.

Unlike a general consumer shop, our Services are expressly available both for

personal use and for business use. Nothing in these Terms restricts you to

personal or household use. However, you may not resell, sublicense or

redistribute our products or services unless we have granted you that right in

writing, for example under a licence or partner agreement.

SECTION 4 - ORDERS, PRICES AND PAYMENT

When you place an order, you make an offer to purchase. TOUT AU CLAIR reserves

the right to accept or decline any order at its sole discretion. An order is

accepted only once we confirm it, and acceptance is conditional on receipt and

processing of your payment.

Prices, discounts and special offers may change without prior notice. The

price applied is the price displayed at the time of your order and stated in

the order confirmation sent to you by email. Unless expressly stated

otherwise, displayed prices do not include taxes, duties or third-party

payment fees.

You agree to provide current, complete and correct purchase and payment

information, and to keep it up to date so that we can complete your

transactions and contact you when needed.

Payments are processed by Chariow and by the payment providers it integrates.

We do not store your full payment card details.

SECTION 5 - DIGITAL PRODUCTS, DELIVERY AND REFUNDS

Our products are delivered digitally. Access is granted through your account,

by email, or by a download or access link, normally immediately after payment

is confirmed. We are not responsible for delivery failures caused by an

incorrect email address you provided, by your email provider, or by your

internet connection.

Because our products are digital and access is granted immediately, they are

supplied as final once access has been delivered.

All sales are final. We do not offer refunds once access to a digital product

has been delivered, except where required by applicable law.

Where a product is sold as a subscription or a recurring service, you may

cancel it at any time with effect from the end of the current billing period.

Amounts already paid for the current period are not refunded on a pro rata

basis.

SECTION 6 - MESSAGING SERVICES AND THE WHATSAPP BUSINESS PLATFORM

TOUT AU CLAIR operates messaging services on the WhatsApp Business Platform

(Cloud API) provided by Meta Platforms, Inc. ("Meta"), both for its own

account and on behalf of business clients.

Scope. Where we operate a messaging channel on behalf of a business client,

that client determines the purposes and means of the processing and is the

controller of the data. TOUT AU CLAIR acts as a processor and processes the

data only on that client's documented instructions. Where we operate our own

account, TOUT AU CLAIR is the controller.

Automated replies. Some replies may be prepared, suggested or sent with the

help of automated systems, including third-party artificial intelligence

services. You can ask to be put in contact with a person at any time by

replying in the conversation.

Your choices. You can end the conversation at any time by asking us to stop

messaging you, or by blocking the number in WhatsApp. You may also ask us to

delete your messaging data, as described in our Privacy Policy.

Meta's terms. Your use of WhatsApp is also governed by WhatsApp's and Meta's

own terms and policies. We do not control WhatsApp, we do not guarantee its

availability, and we are not responsible for interruptions, delays or failures

of the WhatsApp service itself.

No affiliation implied. TOUT AU CLAIR participates in Meta's WhatsApp Business

Platform as a technology provider. Nothing in the Services should be

understood as an endorsement of TOUT AU CLAIR by Meta or WhatsApp.

Data. All personal data received through the WhatsApp Business Platform is

handled as described in our Privacy Policy at

https://store.toutauclair.com/privacy-policy. In particular, we do not sell

that data, we do not use it for advertising or ad targeting, and we do not use

it to train artificial intelligence models.

SECTION 7 - SERVICES PROVIDED TO BUSINESS CLIENTS

Where we provide messaging, automation or development services to a business

client, the scope, duration, price and deliverables are those set out in the

written offer, quote or agreement accepted by that client. Those documents

prevail over these Terms in the event of a conflict, for that client only.

The client remains responsible for the content it asks us to send, for

obtaining any consent required to contact its own customers, and for complying

with the rules of the platforms used, including Meta's WhatsApp Business

Messaging Policy.

TOUT AU CLAIR retains ownership of all tools, software and code used to provide

the Services, and grants the client a non-exclusive, non-transferable licence

to use them for the duration of the engagement. The licence ends when the

engagement ends.

SECTION 7.1 - WHAT THE CLIENT OWNS

For the avoidance of doubt, the licence described above covers our tools and

code only. It does not affect the client's own assets. The client remains the

sole owner of:

- its Meta business portfolio and its WhatsApp Business Account (WABA);

- its business phone number and the WhatsApp account attached to it;

- its own content, customer data, message history and contacts;

- its brand, trademarks and any material it provides to us.

Where the client connects its WhatsApp Business Account to us through Meta's

Embedded Signup, the client grants TOUT AU CLAIR shared access to that account

so that we can operate the messaging service. That access is shared, not

transferred. The client may withdraw it at any time from its Meta Business

settings, without our involvement and without our consent. Withdrawing access

ends our ability to operate the service, and the corresponding engagement.

SECTION 8 - ACCEPTABLE USE

You may access and use the Services only for lawful purposes. You may not,

directly or indirectly: use the Services for any unlawful, fraudulent or

malicious purpose; violate any applicable law or regulation; infringe our

intellectual property rights or those of others; harass, abuse, defame,

intimidate or discriminate against any person; submit false or misleading

information; send unsolicited advertising, spam or chain messages;

impersonate any person or entity; upload viruses or malicious code; scrape,

crawl or harvest data from the Services; or interfere with or circumvent the

security features of the Services.

We may suspend, disable or terminate your access at any time, without notice,

if we determine that you have breached these Terms.

SECTION 9 - INTELLECTUAL PROPERTY

The Services, including all trademarks, texts, images, graphics, video and

audio files, software and their selection and arrangement, are the property of

TOUT AU CLAIR or of its licensors and are protected by applicable intellectual

property laws.

Except as expressly permitted in these Terms or in a separate written licence,

you may not reproduce, distribute, modify, create derivative works from,

publicly display, republish, download, store or transmit any material from the

Services.

The names, logos and slogans of TOUT AU CLAIR are our trademarks. You may not

use them without our prior written permission. Chariow's names and logos are

Chariow's trademarks. All other names and logos appearing in the Services

belong to their respective owners.

SECTION 10 - FEEDBACK

If you send us ideas, suggestions, reviews or other content ("Feedback"), you

grant us a perpetual, worldwide, royalty-free licence to use, reproduce,

modify, publish and display that Feedback, including for commercial purposes.

You represent that you own the Feedback or have the rights to it, and that it

does not infringe the rights of any third party. We are not obliged to keep

Feedback confidential, to pay for it, or to respond to it.

SECTION 11 - THIRD-PARTY SERVICES AND LINKS

The Services may contain links to, or rely on, websites and services operated

by third parties. We do not control them, we do not review their content, and

we are not responsible for them. Your use of a third-party service is governed

by that third party's own terms. Complaints about a third party's products or

services should be addressed to that third party.

SECTION 12 - RELATIONSHIP WITH CHARIOW

Our shop is powered by Chariow, which enables us to provide the Services.

However, all sales and purchases you make in our shop are concluded directly

with TOUT AU CLAIR. You acknowledge that Chariow is not responsible for any

aspect of the business relationship between you and TOUT AU CLAIR, and you

release Chariow and its affiliates from any claim arising from your purchases

and transactions with TOUT AU CLAIR.

SECTION 13 - PRIVACY

All personal data we collect through the Services is subject to our Privacy

Policy, available at https://store.toutauclair.com/privacy-policy. Certain

personal data may also be subject to Chariow's privacy policy, available at

www.chariow.com/privacy. By using the Services, you confirm that you have read

these policies.

SECTION 14 - DISCLAIMER OF WARRANTIES

Information presented in or through the Services is provided for general

information only. We do not warrant its accuracy, completeness or usefulness,

and any reliance you place on it is at your own risk.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH

THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS

OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,

SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT PERMIT SUCH DISCLAIMERS, IN

WHICH CASE THE ABOVE MAY NOT APPLY TO YOU.

SECTION 15 - LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, TOUT AU CLAIR AND ITS PARTNERS, EMPLOYEES,

AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR

ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY

KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF DATA,

ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THEM,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WHERE LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING

FROM OR RELATED TO THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO US FOR

THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS

PRECEDING THE EVENT.

Nothing in these Terms excludes or limits liability for fraud, for wilful

misconduct, or for any liability that cannot be excluded under applicable law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify and hold harmless TOUT AU CLAIR, Chariow and their

respective affiliates, officers, employees, agents and service providers from

any loss, damage, liability or claim, including reasonable legal fees, arising

from (1) your breach of these Terms, (2) your violation of any law or of the

rights of a third party, or (3) your access to and use of the Services.

SECTION 17 - TERM AND TERMINATION

These Terms apply for as long as you use the Services. We may terminate or

suspend your access to the Services, in whole or in part, at our discretion

and without notice. You remain liable for all amounts due up to the date of

termination.

The following sections survive termination: Intellectual Property, Feedback,

Disclaimer of Warranties, Limitation of Liability, Indemnification,

Severability, Governing Law, and any other provision that by its nature should

survive.

SECTION 18 - SEVERABILITY, WAIVER, ENTIRE AGREEMENT

If any provision of these Terms is held unlawful, void or unenforceable, that

provision shall apply to the fullest extent permitted by law and the

unenforceable part shall be severed. This does not affect the validity of the

remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms does

not constitute a waiver of that right or provision.

These Terms, together with the policies referenced in them, constitute the

entire agreement between you and us regarding the Services, and supersede any

prior agreements or communications, whether oral or written. Any ambiguity

shall not be construed against the drafting party.

SECTION 19 - ASSIGNMENT

You may not assign, transfer or sublicense these Terms or your rights and

obligations under them without our prior written consent, and any attempt to

do so is void. We may assign or transfer these Terms and our rights and

obligations without your consent.

SECTION 20 - GOVERNING LAW AND JURISDICTION

These Terms and any separate agreement under which we provide the Services are

governed by the laws of the Republic of Benin. You and TOUT AU CLAIR agree to

submit to the jurisdiction of the competent courts of the Republic of Benin.

SECTION 21 - CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time at

https://store.toutauclair.com/terms-of-service.

We may update, change or replace any part of these Terms at our sole

discretion by posting the updated version on our website and adjusting the

"Last updated" date. It is your responsibility to review the Terms

periodically. Where required by applicable law, we will notify you of material

changes. Your continued use of the Services after changes are posted

constitutes acceptance of those changes.

SECTION 22 - CONTACT

Questions about these Terms should be sent to contact@toutauclair.com.

TOUT AU CLAIR

N'DEMBA MAYEL-KERY BOSSE

RCCM RB/ABC/26 A 141885 - IFU 0202674861358

Grand-Popo, Mono, Republic of Benin

contact@toutauclair.com

https://store.toutauclair.com