Terms of Sale and Use
Version of 28 September 2026 · Contact: contact@fidelitas.fr
These terms (the “Terms”) apply to every subscription to the Fidélitas service. They are accepted when the account is created and prevail over any other document. Fidélitas is intended exclusively for professionals.
1. Publisher and definitions
The Fidélitas service (the “Service”) is published by the sole proprietorship identified in the legal notice (“Fidélitas”, “we”). The “Customer” is the retailer, craftsperson or any person acting for professional purposes who subscribes to the Service. The “End Customer” is the natural person enrolled in a Customer's loyalty programme.
2. Purpose and scope
The Service is online software (SaaS) for customer relationship and loyalty management: digital loyalty cards compatible with Apple Wallet and Google Wallet, visit counting, rewards, campaigns and automations, statistics. The Service is reserved for professionals acting in the course of their business; consumer-protection provisions, including the right of withdrawal, do not apply.
3. Account creation
The account is created by the Customer, who warrants the accuracy of the information provided (identity, business, contact details). The Customer is responsible for the confidentiality of its credentials and for any action carried out from its account, including by employees it grants access to. It informs Fidélitas without delay of any unauthorised use.
4. Free trial
Accounts are opened by invitation from Fidélitas, following a free trial request. A free trial, with no payment method required, is then granted for the duration stated in the invitation. When it ends, access to paid features is suspended until a subscription is taken out; data is kept for 90 days and may then be deleted.
5. Subscription, term and termination
The subscription is taken out for a fixed term of 1, 3, 6 or 12 months, payable in advance in one instalment; the 3-, 6- and 12-month plans carry a discount on the monthly price, shown on the website at the time of subscription. At the end of the term, the subscription renews automatically for the same term at the then-current price, unless cancelled. The Customer may cancel at any time from its account or by email; cancellation takes effect at the end of the current period, with no pro-rata refund of the remaining term. Fidélitas may terminate a subscription with 30 days' notice, or without notice in the event of a serious breach (persistent non-payment, unlawful use, security breach).
6. Prices, currency and taxes
The price is per location and per brand: each additional location or brand is added by the Customer from its account and invoiced as soon as it is added (pro rata for the current period when a location is added to an existing subscription); a removed location is no longer invoiced from the next renewal, with no refund for the current period. Prices are shown in euros or Swiss francs according to the currency chosen at sign-up, which can only be changed with a new subscription. The publisher benefits from the French VAT exemption for small businesses (Article 293 B of the French General Tax Code): prices are net, without French VAT. For a Customer established in Switzerland, the service falls outside the scope of French VAT (Article 259-1 CGI); where applicable, the acquisition tax provided for by the Swiss VAT Act (Art. 45 VAT Act) is borne by the VAT-registered Customer. Any price change is notified at least 30 days before it applies; the Customer may cancel before that date if it refuses it. Should the publisher cease to benefit from the exemption, the applicable VAT is added to prices from the date of notification. SMS option: SMS credits are bought in advance in packs, as a one-off payment, with no subscription. One credit equals one SMS of up to 160 characters; a longer message uses several credits, shown before sending. Credits do not expire for the term of the contract. They are non-refundable, unless Fidélitas stops offering the SMS option; an SMS rejected by the operator is automatically re-credited. Emails: each subscription includes 5,000 emails per calendar month (campaigns, automatic messages, weekly summary), which do not carry over to the next month. Additional email packs (10,000, 25,000 or 50,000 per month) can be added to the subscription: they are billed with it, on the same cycle, and pro rata when a pack is added or upgraded. A removed or reduced pack remains available until the end of the paid period, without refund. Once the month's volume is reached, sending of email campaigns and automatic emails is suspended until the following month.
7. Payment and late payment
Payment is made by card (Visa, Mastercard, with strong authentication) or, in euros, by SEPA direct debit, through our provider Stripe. Fidélitas stores no card data. If a payment fails, the Customer has a 7-day grace period before access is suspended. For a Customer established in France, any amount unpaid when due bears interest at the European Central Bank rate plus 10 points and gives rise to the fixed recovery indemnity of €40 (Art. L441-10 of the French Commercial Code). For a Customer established in Switzerland, default interest of 5% per year is due (Art. 104 CO).
8. Customer obligations
The Customer undertakes to use the Service in accordance with the law, in particular regarding commercial prospecting (prior consent for emails and SMS, unsubscribe mention), data protection and consumer law towards its own customers. It is responsible for defining the terms of its loyalty programme (rewards, validity) and informing its customers. It refrains from any attempt to access other businesses' data, from sending unsolicited messages and from using the Service for unlawful, misleading or improper purposes.
9. Personal data
For its End Customers' data, the Customer is the controller and Fidélitas acts as processor, under the terms of the “Data processing” annex below, which forms an integral part of the Terms. For the Customer's own data (account, billing), Fidélitas is the controller: see the privacy policy.
10. Intellectual property
The Service, its brand, code, interfaces and documentation remain the exclusive property of Fidélitas. The Customer has a personal, non-exclusive, non-transferable right of use for the duration of the subscription. Logos, images and content uploaded by the Customer remain its property; it warrants that it holds the necessary rights and authorises Fidélitas to reproduce them solely to provide the Service (Wallet cards, posters, messages).
11. Availability, support and changes
Fidélitas uses reasonable means to ensure continuous access to the Service, without guaranteeing uninterrupted operation; maintenance may be scheduled, where possible outside usual business hours. Support is provided by email on business days. The Service evolves regularly; features may be modified or enriched without substantially reducing the subscribed Service. The Apple Wallet, Google Wallet and Stripe integrations and email or SMS operators depend on third parties whose availability Fidélitas does not control.
12. Liability
Fidélitas is bound by a best-efforts obligation. Its liability is limited to proven direct damage and capped, all causes combined, at the amounts paid by the Customer in the twelve months preceding the event. Indirect damage (loss of revenue, customers, non-exported data, reputational harm) is excluded. Fidélitas is not liable for content and messages sent by the Customer nor for the Customer's compliance with its legal obligations towards its customers. These limitations do not apply in the event of gross negligence or wilful misconduct, nor to personal injury.
13. Confidentiality
Each party keeps confidential the other party's non-public information learned in connection with the Service, for the term of the contract and two years thereafter. Fidélitas may cite the Customer's name and logo as a commercial reference unless the Customer objects in writing.
14. Force majeure and changes to the Terms
Neither party is liable for a failure due to force majeure within the meaning of French case law or Art. 119 CO. Fidélitas may amend these Terms; amendments are notified to the Customer at least 30 days before they take effect (email or in-app notice) and are deemed accepted unless the Customer cancels before that date.
15. Governing law and jurisdiction
The Terms are governed by French law. In the event of a dispute, the parties first seek an amicable solution; failing that, the courts of Fidélitas' registered office have exclusive jurisdiction, including for interim measures or multiple defendants. Customers established in Switzerland retain the benefit of mandatory provisions of Swiss law and, where applicable, of the forum provided by the Swiss Private International Law Act or the Lugano Convention.
Annex — Data processing on behalf of the Customer (Art. 28 GDPR, Art. 9 FADP)
Subject and duration: Fidélitas processes End Customers' data on behalf of the Customer and on its documented instructions (Service settings) for the term of the subscription. Nature and purposes: hosting, management of loyalty cards and rewards, visit counting, sending of messages decided by the Customer, statistics. Data categories: identity, contact details (email, phone), birthday, visit and reward history, marketing consents. Data subjects: the Customer's customers and prospects.
Obligations of Fidélitas (processor)
Fidélitas processes data only on the Customer's instructions, ensures the confidentiality of its staff, implements appropriate technical and organisational measures (encryption in transit, authentication, strict segregation of data between businesses, logging, backups), assists the Customer in responding to data-subject requests and in its security and impact-assessment obligations, notifies the Customer of any data breach without undue delay and at the latest 48 hours after becoming aware of it, and makes available the information needed to demonstrate compliance, including through reasonable audits, at most once a year and at the Customer's expense.
Sub-processors and transfers
The Customer gives general authorisation for the following sub-processors (list up to date as of 28 September 2026): Vercel Inc. (application hosting), Neon Inc. (database, European Union region), Stripe (payments), Amazon Web Services EMEA (email delivery, European Union region), Google Ireland Limited (Google Workspace: receipt and handling of emails addressed to Fidélitas), Brevo (SMS delivery, if the Customer activates the SMS option), Anthropic (help assistant, for questions asked by the Customer), Apple Inc. and Google LLC for displaying cards in Apple Wallet and Google Wallet, Cloudflare Inc. (Turnstile, bot protection for public forms), Google LLC (Google Maps) and the OpenStreetMap Foundation (Nominatim) for geocoding the business address, with no end-customer data, and the website audience measurement tool (Plausible Insights, cookie-free, or Google Analytics, only with the visitor's consent). Any addition or replacement is notified to the Customer at least 30 days in advance; the Customer may object on legitimate grounds, in which case it may cancel. Transfers outside the European Union or Switzerland rely on an adequacy decision (including the EU–US and Swiss–US Data Privacy Framework) or on the European Commission's standard contractual clauses, supplemented for Switzerland where necessary.
End of processing
At the end of the subscription, the Customer may export its data (CSV) from its account. Fidélitas deletes or anonymises End Customers' data within 90 days of account closure, unless legally required to retain it. End Customers may continue to exercise their rights with the Customer.