Sales Terms

English translation provided for convenience. The French version is legally binding and prevails in case of discrepancy.

1. Scope

These terms of sale (the "Terms") apply to any subscription taken out with Noah Hepp for the use of Outrify. The Service is intended mainly for users acting as consumers within the meaning of the consumer law of the European Union and France; the consumer-specific provisions (clauses 6, 7 and 10) do not apply when the User subscribes for purely professional purposes. The commercial guarantee in clause 9 applies regardless of the User's status.

2. Plans and prices

Plans, their content (number of accounts included, message volume) and their prices are shown in the application, in the Pricing tab, before any subscription. Prices are shown inclusive of all taxes where applicable.

The Publisher may change its prices for new subscriptions. Any price change affecting an ongoing subscription will be notified with reasonable notice before it takes effect.

3. Subscription and payment

The subscription is completed by payment through our provider Stripe, which processes card data. The Publisher never has access to the full card number.

The subscription is billed in advance, at the chosen frequency (monthly or annual), and renews automatically at the end of each period unless cancelled before the renewal date.

4. Changes to and cancellation of the subscription

The User may at any time change plan, adjust the number of accounts included, or cancel the subscription from the subscription management portal available in the application (Pricing → Manage my subscription).

Cancellation takes effect at the end of the period already paid. Unless there is a billing error, no pro-rata refund is made for the current period.

5. Payment default

If a payment fails, access to paid features may be suspended until the payment is settled, after Stripe has retried the charge.

6. Right of withdrawal (consumers)

In accordance with the French Consumer Code (articles L.221-18 et seq.), a User acting as a consumer has 14 full days from the conclusion of the subscription (the purchase of a paid plan) to exercise the right of withdrawal, without giving any reason and without penalty.

This right is exercised by an unambiguous statement sent to support@outrify.io, for example using the model withdrawal form in the annex to these Terms. In case of withdrawal, the Publisher refunds all sums paid within 14 days at most from the date it is informed of the decision to withdraw.

The subscription gives access to paid features as soon as it is taken out, before the withdrawal period ends. By subscribing, the User expressly requests this immediate access, within the meaning of article L.221-25 of the French Consumer Code: if the User withdraws after starting to use the Service, the Publisher deducts from the refund an amount proportionate to the period actually used until the withdrawal notice is received.

This right of withdrawal does not apply when the User subscribes for purely professional purposes (see clause 1): in that case no statutory right of withdrawal is due.

7. Statutory guarantees (consumers)

A User acting as a consumer benefits from the legal guarantee of conformity applicable to digital services (articles L.224-25-12 et seq. of the French Consumer Code) for the whole period during which the Service is supplied and, at the very least, for two years after subscription for a defect existing at that date. In case of non-conformity, the User may request that the Service be brought into conformity; failing that, the User may obtain a price reduction or termination of the contract, at no cost.

Where applicable, the User also benefits from the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).

These guarantees are exercised with the Publisher, at the contact details in clause 12, independently of any commercial guarantee such as the one described in clause 9.

8. Free trial

Where a free trial is offered, it is described in the application before subscription and does not require any payment method to be registered.

When the trial period or trial volume (visits/messages) shown in the application ends, access to paid features is automatically suspended. No charge is made at the end of the trial: moving to a paid subscription requires a voluntary action by the User, who must then choose a plan and register a payment method through Stripe.

9. Commercial performance guarantee (14 days)

As announced on the website, the Publisher offers a commercial performance guarantee for the first 14 days after the date of the first payment of the paid subscription (30 days for the Business plan).

The guarantee applies when the Service does not work as described (a malfunction that prevents its use and is not fixed by the Publisher after being reported), or when an account connected to the Service is restricted by the relevant platform although the User respected the sending limits recommended by the Service and that account had no restriction before being connected to the Service. It does not cover a mere change of mind, nor the stopping of use of a Service that worked normally.

To exercise this guarantee, the User contacts support@outrify.io before the deadline expires, explaining the reason for the request and, where relevant, the account concerned and the date of the restriction. The Publisher may request the Service's activity logs to verify the request. If the request is justified, the Publisher refunds the first subscription payment, to the original payment method, within 14 days at most from the request; the subscription is then terminated and access to paid features ends. This guarantee is in addition to the right of withdrawal in clause 6.

The guarantee may be used only once per User, regardless of the number of user accounts or subscriptions. It does not apply to later payments (renewals, additional accounts added after the first payment), nor in cases of clear abuse, in particular creating several user accounts to benefit from it several times.

The refund covers only the subscription price. The restriction or blocking of an account connected to the Service by the relevant platform does not give rise to any compensation beyond that refund: the history of an account before it was connected to the Service, and how it is used outside the sending limits recommended by the Service, are outside the Publisher's control.

10. Consumer mediator

In the event of a dispute between the User and the Publisher, they will try to resolve it amicably (the User sends a written complaint to the Publisher). Failing an amicable agreement, or if the Publisher has not replied within a reasonable period of one (1) month, a User acting as a consumer within the meaning of article L.612-2 of the French Consumer Code may refer the dispute free of charge to the competent consumer mediator, listed by the Commission for the evaluation and control of consumer mediation (article L.615-1 of the same code), namely: Société Médiation Professionnelle, Alteritae, 5 rue Salvaing, 12000 Rodez — saisine@mediateur-consommation-smp.fr — https://www.mediateur-consommation-smp.fr/.

The mediator can only be seized after a prior attempt to resolve the matter amicably with the Publisher (clause 12) has failed or gone unanswered for one month, and within one year of that written complaint.

11. Governing law and competent courts

These Terms are governed by French law. Where the User is a consumer resident in another Member State of the European Union, this choice does not deprive the User of the protection granted by the mandatory provisions of the law of their country of residence.

For a consumer User, any dispute may be brought before the court of the place where the User lived when the contract was concluded or when the harmful event occurred, or before the court of the Publisher's registered office, at the consumer's choice. For a User acting for professional purposes, only the courts of the Publisher's registered office have jurisdiction, unless a mandatory provision says otherwise.

12. Complaints and contact

For any question about billing or any complaint: support@outrify.io — phone: +33 7 82 67 85 62.

Annex — Model withdrawal form

(In accordance with the annex to article R.221-1 of the French Consumer Code. Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of Noah Hepp, 385 Chemin Gibelin, Matoury, support@outrify.io, +33 7 82 67 85 62:

I hereby give notice of my withdrawal from the contract for the subscription to Outrify.

Subscribed on: [subscription date]

Consumer's name: [your name]

Consumer's address: [your address]

Date: [date]

(This form may be sent by email to the address above; it does not need to be signed in that case.)