Terms of Sale

1. Purpose

These Terms of Sale (hereinafter the "Terms") set out the rights and obligations of the parties in connection with the online sale of the services offered by AGENSIO AI on the agensio.ai platform (hereinafter the "Platform").

Any subscription to a Service implies full and unreserved acceptance of these Terms, which prevail over any other document. These Terms are supplemented by the Terms of Use.

2. Provider identification

3. Services offered

AGENSIO AI offers monthly subscriptions giving access to automated AI agents for businesses. The Services include:

The detailed features of each plan are described on the Pricing page of the Platform.

4. Eligible recipients of the Services

The Services are intended exclusively for professionals (legal entities or natural persons acting in the course of their professional activity). The Customer declares that it is acting in a professional capacity within the meaning of the French Consumer Code.

Consumer customers: If you act outside your professional activity, the protective provisions of the French Consumer Code apply in addition to these Terms, in particular as regards the right of withdrawal (see Article 10).

5. Prices and payment terms

5.1 Prices

Prices are stated in euros (EUR) and are exclusive of VAT (excl. VAT). AGENSIO AI is liable for VAT (French standard tax regime, intra-EU VAT number FR03102258076). The applicable VAT is added to the price excl. VAT and shown on the invoice. For business customers established in another Member State of the European Union and holding a valid intra-EU VAT number, the reverse charge mechanism applies where relevant.

AGENSIO AI reserves the right to change its prices at any time. The Services are billed at the rate in force at the time of subscription. In the event of a price change, the Customer will be informed at least thirty (30) days before it takes effect and may cancel the subscription before that date.

5.2 Payment terms

Payment is made by bank card via the secure Stripe platform. The charge is taken automatically at each monthly due date.

AGENSIO AI does not store any bank card data. Such data is processed exclusively by Stripe, a PCI-DSS Level 1 certified provider.

5.3 7-day free trial

Each pack may be taken out starting with a seven (7) day free trial period, at the end of which the subscription automatically switches to a paid plan.

How the free trial works:

Once the trial period has ended and the first charge has been taken, the subscription is governed by the ordinary conditions of these Terms (Articles 5.2, 6 and 7).

5.4 Late or failed payment

In the event of non-payment when due, AGENSIO AI reserves the right to:

6. Term and renewal

Subscriptions are taken out for a term of one (1) month, renewable by tacit agreement for successive periods of one (1) month, unless terminated by either party under the conditions set out below.

7. Termination

7.1 Termination by the Customer

The Customer may terminate the subscription at any time, free of charge and without justification, directly from their personal account (Dashboard › My subscription › Cancel my subscription).

At the time of cancellation, the Customer is asked to select the main reason for terminating, for the purpose of improving the Service. This information is optional and anonymised for internal statistics.

Effects of termination:

Exceptional refund request: at the time of cancellation, the Customer may tick the option "I wish to request a refund". The request is processed manually by AGENSIO AI within five (5) business days. The refund is not an automatic right and remains at AGENSIO AI's discretion, except in cases provided for by law (withdrawal, statutory guarantees).

7.2 Termination by AGENSIO AI

AGENSIO AI may terminate a Customer's subscription in the event of a breach of the Terms of Use or Terms of Sale, after a formal notice has remained without effect for eight (8) days.

8. AGENSIO AI's obligations

AGENSIO AI undertakes to:

AGENSIO AI is subject to a best-efforts obligation and not an obligation to achieve a specific result. The AI agents provide automated results for guidance only, the verification and validation of which is the Customer's responsibility.

9. Liability

AGENSIO AI's liability may only be incurred in the event of proven fault and shall be limited to direct and foreseeable damages. In any event, AGENSIO AI's liability is capped at the total amount of the sums paid by the Customer over the last twelve (12) months.

AGENSIO AI cannot be held liable for:

10. Right of withdrawal (consumers only)

In accordance with Articles L.221-18 et seq. of the French Consumer Code (transposing Directive 2011/83/EU on consumer rights), the consumer Customer (a natural person acting outside their professional activity) has a period of fourteen (14) days from subscription to exercise their right of withdrawal, without having to give reasons or pay penalties.

To exercise this right, the Customer must send their request by email to bonjour@agensio.fr, clearly stating their intention to withdraw, together with their contact details and the order reference. The Customer may also use the "Cancel my subscription" button in their personal account, ticking the "refund request" box.

In the event of a valid withdrawal, AGENSIO AI will refund the Customer all payments received within fourteen (14) days of the date on which it is informed of the Customer's decision, using the same means of payment as that used for the initial transaction (unless expressly agreed otherwise).

Interaction with the 7-day free trial: during the free trial period, since no charge is taken, the consumer Customer may simply cancel their subscription from their account to avoid any billing. The right of withdrawal remains applicable for 14 days from the first actual charge.

Exception: In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised if performance of the Service has been fully started before the end of the withdrawal period with the Customer's express agreement and their express waiver of the right of withdrawal. In practice, the actual use of an AI agent (sending emails, scanning reviews, generating leads, etc.) during the withdrawal period may be considered as performance started with the Customer's agreement.

11. Statutory guarantees (consumers)

The consumer Customer benefits from the statutory guarantees provided for by the French Consumer Code:

12. Personal data

Personal data collected in connection with the subscription and performance of the Services is processed in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR).

13. Data processing (DPA)

Where the Customer provides third-party personal data to the AI agents, the following provisions apply:

14. Force majeure

Neither party shall be held liable for a failure to perform its contractual obligations if such failure results from a force majeure event within the meaning of Article 1218 of the French Civil Code, in particular: natural disaster, war, pandemic, widespread internet outage, failure of a third-party technical provider.

15. Mediation (consumers)

In accordance with Articles L.612-1 et seq. of the French Consumer Code, in the event of an unresolved dispute, the consumer Customer may use the mediation service free of charge. The competent mediator is:

16. Severability

If one or more provisions of these Terms are declared null or unenforceable, the other provisions retain their full force and effect.

17. Governing law and competent courts

These Terms are governed by French law.

For professional customers: any dispute shall be submitted to the exclusive jurisdiction of the courts of Nantes.

For consumer customers: in the event of a dispute, the consumer may, at their choice, bring the matter before the court of the place of their domicile or that of AGENSIO AI's registered office, in accordance with the rules of the French Code of Civil Procedure.

18. Contact