Terms and conditions of sale

Article 1 – Service provider identity

FEEDIMA SAS, a simplified joint-stock company with share capital of 10 000 €, whose registered office is located at 18 rue Masséna, 06000 Nice, France, registered with the Trade and Companies Register of Nice under number 108 045 683.

Email address: contact@feedima.com

Féedima's full contact details are set out in the legal notice available on the platform.

Article 2 – Purpose and scope

These Terms of Sale supplement the commercial information displayed on the platform when subscribing or buying credits. In the event of a conflict between the Terms of Sale and a specific condition expressly brought to the user's attention before their order, that specific condition prevails for the transaction concerned.

The user acknowledges that they were able to read, download or save the Terms of Sale on a durable medium before the contract was concluded.

The Terms of Sale set out the conditions under which Féedima provides, at a distance, a digital entertainment and guidance service based on virtual characters powered by artificial intelligence.

The service is reserved for natural persons aged at least eighteen (18).

Access to Féedima's paid services may be obtained either through a subscription or through one-off purchases of credits, without taking out a subscription.

Article 3 – Nature of the service – artificial intelligence

The digital experts offered by Féedima mainly use the Claude model supplied by Anthropic. The privacy policy states the provider of each expert. OpenAI also handles the transcription of voice messages, where this transcription is not performed directly by the browser. Astrological calculations and card draws are carried out by an engine internal to Féedima; artificial intelligence then formulates and presents the results.

Generated responses may vary for identical or similar requests. They rely in particular on the information entered by the user, the context of the conversation, the service settings and the artificial intelligence models used. Féedima does not guarantee the factual accuracy, completeness or suitability of generated content for a particular situation.

The user alone remains responsible for how they interpret the content and for the decisions they make after consulting it. The content must not be used to delay or replace consulting a qualified professional where such a consultation is necessary.

Féedima offers a digital entertainment and guidance service. The digital experts offered on the platform are virtual characters: the user interacts with an artificial intelligence system and not with a human psychic.

Responses, interpretations and content are generated automatically from the information provided by the user and the platform's features. They constitute neither a certainty, nor a guaranteed prediction of a future event, nor a guarantee of results.

Within its entertainment, guidance and support purpose, Féedima may address personal, romantic, family, professional, financial, health or psychological subjects. The generated content never replaces the involvement of a doctor, psychologist, lawyer, financial adviser or any other qualified professional. The digital experts make no diagnosis, prescribe no treatment, do not guarantee with certainty that a future event will occur, must not create fear or dependence, and exert no commercial pressure.

Raising a sensitive subject does not, in itself, automatically interrupt a consultation. The system takes the context into account and may in particular ask for clarification where the user's wording is ambiguous. In the event of a serious or immediate risk to the user or a third party, the digital expert stops the guidance on the subject concerned and gives priority to a safety message and a referral to a suitable professional or emergency service. The data processing that may result from the detection, internal alert and human review mechanisms is described in the privacy policy.

The conditions under which Féedima may interrupt or close a consultation because of a serious breach of the rules of use, and the consequences of such a measure for the credits committed or consumed, are set out in the “Responsible use and user protection” article of these Terms of Sale.

Article 4 – Account creation and access conditions

The user must create a personal account and provide accurate, complete and up-to-date information. The account is strictly personal. The user is responsible for keeping their credentials confidential.

The user declares that they are at least eighteen (18) years old. Féedima reserves the right to suspend an account in the event of fraud, abusive use, or breach of the Terms of Sale or the platform's rules of use.

The user undertakes to create only one account for their own use, not to impersonate a third party, and to inform Féedima without delay of any unauthorised use of their account or any compromise of their credentials.

The user is responsible for transactions carried out from their account until fraudulent access is reported, subject to applicable mandatory provisions. Féedima may request information reasonably necessary to secure the account in the event of unusual activity or suspected fraud.

Article 5 – Subscription

Féedima may offer several monthly subscription plans with no commitment, renewed automatically for successive one (1) month periods until cancelled. Taking out a subscription is not required to buy credits or to use the paid services available with credits.

The subscription prices, the number of credits included and any benefits attached to each plan are those shown in the price list available on the platform at the time of subscription.

The monthly plans offered are: Essential: €9.99 incl. VAT per month for 100 purchased credits + 20 free credits (120 credits per month), Premium: €44.99 incl. VAT per month for 500 purchased credits + 150 free credits (650 credits per month), Expert: €84.99 incl. VAT per month for 1,000 purchased credits + 400 free credits (1,400 credits per month), Elite: €159.99 incl. VAT per month for 2,000 purchased credits + 1,000 free credits (3,000 credits per month), and Legend: €374.99 incl. VAT per month for 5,000 purchased credits + 3,000 free credits (8,000 credits per month). Purchased credits and free credits remain distinguished in internal records. The commercial terms displayed before subscribing prevail if the offers change.

The monthly period runs from the date of subscription and then renews on each monthly anniversary date. Where that date does not exist in a given month, the renewal takes place on the last day of that month.

Before each subscription, the user is clearly informed of the price, the billing frequency, the number of credits included, the main features available and the cancellation terms.

Credits included in the subscription and not used during a monthly period accumulate and carry over to the following periods. They remain available as long as the user account stays open, including after the subscription is cancelled, subject to the rules set out in the “Credits and services” article in the event the account is closed.

Any change to the subscription price applicable to future periods is brought to the user's attention before it takes effect, in accordance with applicable mandatory rules. Where the law requires it, the user may cancel before the new price applies.

Preventing excessive spending: Féedima provides a history of purchases and credit consumption. As an awareness measure, an alert is displayed when the user's cumulative spending reaches €1,500 incl. VAT over a rolling period of 30 days. This alert is for information only, does not block purchases and does not constitute an incentive to consume more. The thresholds and terms of this mechanism may be adjusted after users have been informed.

Article 6 – Credits and services

Where several categories of credits are available on the account, they are consumed in the following order: (i) free or promotional credits; (ii) credits included in a subscription; (iii) credits bought separately. The user may have a single overall credit balance; Féedima nevertheless keeps track of the origin of the credits making up that balance in order to apply the corresponding rules, in particular with regard to the refund of unused paid credits.

Credits are a unit of use internal to the platform. They are not legal tender and constitute neither electronic money, nor a financial instrument, nor an asset that can be transferred, exchanged or converted into cash between users.

Credits are attached to the user's account. Unless Féedima expressly provides a feature for it, they cannot be transferred to another account, resold or given away.

The available credit balance is shown in the personal area. The user is invited to check it before triggering a paid action. The debit occurs when the action is actually launched, as indicated on screen.

The order of consumption defined above is brought to the user's attention and may be recalled in their personal area.

Certain actions carried out during conversations with the digital experts consume credits. The number of credits required depends on the action or service chosen and is shown to the user before it is triggered.

Specific or premium services offered on the platform, in particular astrology, numerology, tarot, card-draw or other personalised content available, are paid for in credits. Their result is delivered immediately, subject to the service working properly.

The credit packs offered at the date of these Terms are as follows: 100 credits for €9.99 incl. VAT, 500 credits for €44.99 incl. VAT, 1,000 credits for €84.99 incl. VAT, 2,000 credits for €159.99 incl. VAT, and 5,000 credits for €374.99 incl. VAT. A standard consultation costs 100 credits. In all cases, the applicable prices and numbers of credits are those shown in the price list available on the platform before the order is validated. Credits can be bought independently of any subscription.

Consultation extension – 24h Unlimited Pass: a standard consultation initially includes 15 messages, followed by 5 closing messages. During the consultation, Féedima may offer the user an optional extension in the form of a 24h Unlimited Pass, priced at 500 credits. The Pass is offered only within an ongoing consultation and is not sold separately in the shop. Before it is accepted, its price, duration and terms of use are clearly presented to the user.

After express acceptance of the offer and debit of the 500 credits, the Pass is activated immediately for a period of 24 hours. It allows the consultation concerned to continue with an unlimited number of messages during that period. It expires automatically at the end of those 24 hours, without renewal or any further charge. Draws and other specific services remain charged separately, at the rates displayed before they are triggered. Activating the Pass does not in itself constitute a waiver of the right of withdrawal; the rules of the article “Right of withdrawal and immediate performance” continue to apply.

Credits have no expiry date and accumulate as long as the user account remains open.

Cancelling a subscription does not lead to the loss of the credits available on the account. Where the user asks for their account to be closed permanently, Féedima first informs them of the remaining credit balance, of its origin and of the possibility of using it while keeping their account open. Free or promotional credits are not refundable. What happens to credits purchased separately and not consumed, and to credits included in a subscription, is governed by the “Account suspension and closure” article, subject to the consumer's mandatory rights.

Unless a mandatory legal provision provides otherwise or there is a malfunction attributable to Féedima, credits consumed in return for an action or service actually delivered are not re-credited.

Article 7 – Ordering and acceptance of the Terms of Sale

Before the contract is concluded, the user is given, in a clear and understandable manner, information on the essential characteristics of the service, the price, the duration and cancellation terms of the subscription, the payment and performance arrangements, the right of withdrawal, the legal guarantees, complaint handling and consumer mediation.

Before final validation, the ordering process allows the user to check the details of their order and its total price, correct any errors and then confirm their obligation to pay.

Validating the order requires express acceptance of these Terms of Sale by means of a dedicated checkbox. The order is only final once payment has been validated.

Final validation of the order, together with acceptance of the Terms of Sale and confirmation of payment, evidences the user's consent to the transaction. The electronic records kept by Féedima and its service providers under reasonable security conditions may be produced to establish the communications, orders and payments made, subject to any evidence to the contrary admitted by law.

The confirmation sent by email summarises the essential elements of the order and allows the user to keep the contractual information on a durable medium.

Article 8 – Price and payment

Reference prices are set in euros. The platform may also display prices in the currency of the user's country. Before any order, the currency actually charged, the total price and the applicable taxes are shown to the user. Where the bank or payment provider applies a currency conversion or exchange fees, these are governed by its own terms.

Prices are displayed inclusive of all taxes where the applicable regulations require it. The applicable prices are those of the price list published on the platform and shown before the order is validated.

Payment is due at the time of the subscription, renewal or purchase concerned. The user warrants that they are authorised to use the selected payment method.

Payments are made on a payment page hosted by Stripe, using the options offered at checkout, in particular bank card, Apple Pay or any other available method. Card payments may be subject to strong customer authentication, in particular through the 3-D Secure protocol, where applicable. Féedima neither collects nor stores the user's full card details; they are processed by the payment provider concerned, in accordance with its own terms and obligations.

If payment authorisation is refused, fails or is revoked, Féedima may not activate the order concerned or may suspend the services directly linked to the unpaid payment, after informing the user where required. This measure is without prejudice to the consumer's rights in the event of a legitimate payment dispute.

Invoices are made available in the user's personal area and sent by email.

Article 9 – Offers, promotions and referrals

Article drafted in-house, awaiting approval by our legal counsel.

Every promotional offer states its nature, amount and duration where it is offered to you. Unless stated otherwise, an offer applies to a single account and cannot be combined with another.

Welcome offer: an account's first credit purchase may be doubled. It applies only once per account, is applied automatically at payment, and the number of credits actually added is shown to you before you confirm the order.

Referrals: the referred person receives credits when creating their account and the referrer on the referred person's first purchase, in the amounts shown on the referral page. These credits are added to the wallet, cannot be converted into money and are not refundable. Féedima may refuse or withdraw a bonus obtained by creating sham accounts or by any other misuse of the scheme.

Article 10 – Subscription renewal and cancellation

The subscription renews automatically every month. The user can cancel it at any time from their personal area using the cancellation feature provided.

Cancellation takes effect at the end of the current monthly period already paid for. The user keeps access to the services included in their subscription until that date.

Cancellation prevents any further renewal and any further charge for the following period, provided the request is made before the renewal.

Where French regulations require it, Féedima provides a feature allowing the contract to be cancelled electronically. The user receives confirmation that their request has been taken into account and of the date on which the subscription ends.

Cancelling the subscription is separate from closing the user account. It does not delete the account or cause the loss of the credits attached to it.

Deleting the user account and cancelling the subscription are two separate operations. Where a subscription is in progress, the account deletion request is handled taking into account the applicable contractual, accounting and legal obligations.

Article 11 – Right of withdrawal and immediate performance

The consumer has, in principle, fourteen (14) days from the conclusion of the distance contract to exercise their right of withdrawal, under the conditions provided by the French Consumer Code.

11.1 – Subscription

Where the user takes out a subscription and asks for its performance to begin before the withdrawal period expires, Féedima records their express request. If the user then exercises their right of withdrawal before the end of the fourteen (14) day period, they may be required to pay an amount corresponding to the service actually provided up to the time they communicated their decision to withdraw, under the conditions provided by law.

Where the service has been fully performed before the end of the withdrawal period, the right of withdrawal can only be lost if the applicable legal conditions are met, in particular the consumer's prior and express agreement to performance beginning and their acknowledgement that they lose their right once the service has been fully performed.

11.2 – Buying credits

Buying a credit pack gives, in principle, a right of withdrawal for fourteen (14) days as long as the credits concerned have not been used to obtain digital content or a digital service immediately.

11.3 – Digital content and services performed immediately

Where an action triggered with credits results in the immediate supply of digital content not on a tangible medium, and where the law allows the right of withdrawal to be lost, Féedima first obtains the user's express consent to performance beginning before the withdrawal period expires, together with their acknowledgement that they lose this right. Féedima confirms this agreement on a durable medium.

If these elements have not been validly obtained where they are legally required, Féedima cannot claim against the consumer that they have lost their right of withdrawal.

Consultation extension through the 24h Unlimited Pass: the Pass gives access to a digital service provided over a period of 24 hours. Its immediate activation does not automatically remove the right of withdrawal. If the user expressly requests that performance begin before the statutory period expires and then withdraws within that period, the financial consequences are determined in accordance with the mandatory rules applicable to the services actually provided. The loss of the right of withdrawal may only be relied upon where all legal conditions are met, in particular where the service has been fully performed as provided for by law. The mere debit of the 500 credits does not constitute a waiver of the right of withdrawal.

11.4 – Exercising the right of withdrawal

The consumer can exercise their right of withdrawal using the feature provided on the platform where it is legally required, or by any unambiguous statement expressing their wish to withdraw, sent to Féedima at contact@feedima.com. They may also use the model form below, also available on a dedicated page.

Model withdrawal form

To FEEDIMA SAS – 18 rue Masséna, 06000 Nice, France – contact@feedima.com:

I hereby give notice that I withdraw from the contract for the digital service below:

• Ordered on: …
• Name of consumer: …
• Consumer's email address linked to the account: …
• Address of consumer: …
• Date: …
• Signature: …

Article 12 – Technical incidents and return of credits

Where an action or service could not be delivered because of a technical malfunction attributable to Féedima while the corresponding credits were debited, Féedima first returns the credits wrongly consumed. Where this solution is not appropriate or where applicable mandatory provisions require it, a refund in euros may be made.

This return is the normal way of settling an incident that concerns only the consumption of credits, without prejudice to the consumer's mandatory rights.

The user must report the incident within a reasonable time, stating where possible the date, the feature concerned and any element that identifies the credit debit. Féedima may carry out the necessary technical checks.

Where the incident more broadly affects the conformity of the digital service or makes it impossible to use, the user's rights are not limited to the return of credits and are exercised in accordance with the applicable legal guarantees.

Article 13 – Conformity of the digital service

The service is designed to work with the latest versions of Chrome, Edge, Firefox and Safari. The minimum versions currently supported are Chrome 111, Edge 111, Firefox 128 and Safari 16.4. On iPhone and iPad, iOS 16.4 or later is required. The minimum versions applicable to the future native iOS and Android apps will be specified when they are published. Using voice messages requires the browser to be granted access to the microphone; if this is refused, text input remains available. Féedima does not guarantee any particular interoperability with browser extensions or other third-party tools beyond the web accessibility standards implemented on the platform.

Féedima supplies digital content or a digital service that conforms to the contract and to the applicable legal conformity criteria.

Where the contract provides for a single supply or a series of distinct supply operations, Féedima is liable for lacks of conformity existing at the time of supply and appearing within two (2) years of it. Where the digital service is supplied continuously, Féedima is liable for lacks of conformity appearing throughout the supply period provided for in the contract.

The service is in conformity in particular where it matches its description and has the features, compatibility, interoperability and other characteristics provided for in the contract, in light of the information given to the user before their order.

In the event of a lack of conformity, the consumer is entitled to have the digital service brought into conformity free of charge, without undue delay and without major inconvenience. Where the legal conditions are met, they may obtain a price reduction or the termination of the contract, without prejudice to any damages.

Féedima informs the consumer of the updates, including security updates, necessary to keep the service in conformity and supplies them for the period required by law. Where installing an update requires action by the user, they are informed that it is available and, where the law requires it, of the consequences of not installing it.

Updates that are not necessary to keep the service in conformity and that modify the service are implemented under the conditions provided by the applicable regulations. Where the modification has a negative impact on access to or use of the service beyond what is minor, the consumer benefits from the rights provided by law.

The rights arising from the legal guarantee of conformity are exercised independently of any commercial guarantee Féedima may grant and cannot be limited by these Terms of Sale.

Article 14 – Sale of objects (Féedima Shop)

Article drafted in-house, awaiting approval by our legal counsel.

The Féedima Shop sells physical objects and a digital lucky card. An object announced as “coming soon” cannot be ordered. Prices are shown inclusive of all taxes, with delivery included for mainland France, the only area served at launch.

Shipped objects: you have fourteen (14) days from receipt to exercise your right of withdrawal, the object having to be returned unused and in its original packaging.

Digital lucky card: it is personalised to your instructions and supplied immediately after payment. By confirming the order, you request its immediate performance and expressly waive your right of withdrawal, this consent being obtained at the time of the order.

Delivery: tracked shipping, with the delivery time shown on the product page and repeated in the order confirmation. Legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code): a damaged or non-conforming object is replaced or refunded, with return costs borne by us.

Your delivery details (name, address, telephone) and the personalisation are passed to our printing workshop and our carrier solely to fulfil the order, and are then erased 90 days after delivery.

Article 15 – Responsible use and user protection

The user undertakes to use the platform in accordance with its entertainment and guidance purpose, these Terms of Sale and the rules of use available on the platform.

The rules of use set out in particular the prohibited behaviours and the applicable security measures. The forced closure of a consultation is reserved for serious situations, in particular paedophile remarks or requests or sexual content involving minors, manifestly unlawful or dangerous content, serious threats, malicious misuse of the service, and serious or repeated insults or abusive behaviour despite a prior warning. Raising a sensitive subject does not, on its own, justify interrupting a consultation.

Féedima may take the measures strictly necessary for the security and integrity of the service, in particular suspending a feature or interrupting a consultation. In the event of the exceptional closure of a consultation for a serious breach attributable to the user, the credits committed or consumed for that consultation remain vested in Féedima and are not re-credited, subject to applicable mandatory provisions. The closure of a consultation does not, in itself, entail the suspension or closure of the user account, which are governed by the separate conditions set out in the “Account suspension and closure” article.

The data processing that may result from the detection, internal alert and human review mechanisms is described in the privacy policy.

Article 16 – Availability and maintenance

Féedima uses reasonable means to keep the platform running and available. Maintenance operations, updates, technical incidents or events beyond its control may nevertheless temporarily affect access to the service.

Féedima does not guarantee permanent, uninterrupted operation, but undertakes to handle incidents in accordance with its legal obligations.

Where reasonably possible, Féedima endeavours to inform users of planned maintenance operations likely to cause significant unavailability.

Access to the service requires the user to have, at their own expense, a compatible device, internet connection and software environment. Internet connection costs remain the user's responsibility.

Article 17 – Bank statement descriptor and access from abroad

Article drafted in-house, awaiting approval by our legal counsel.

Charges appear on your statement under the descriptor FEEDIMA.COM. If you have any doubt about a payment, contact our customer service first: it is the quickest way to get a correction in case of error.

The service is intended for people located in a country where it is legally accessible. Féedima may restrict access from a territory where its activity is regulated or prohibited, without such restriction giving rise to any compensation; credits bought and not used are then refunded.

Article 18 – Liability

Féedima is liable for the performance of its obligations under the conditions provided by law. No provision of these Terms of Sale excludes or limits the consumer's mandatory rights.

Given the nature of the service, content generated by artificial intelligence may contain approximations, errors or unsuitable responses. The user is informed that it is intended for entertainment and guidance and must not be used as the sole basis for an important decision concerning, in particular, their health, safety, legal, financial or personal situation.

Féedima is not responsible for malfunctions attributable solely to the user's device, internet connection, browser or equipment, nor for third-party services over which it has no control, except where the law places such liability on it.

No exclusion or limitation of liability provided for in these Terms of Sale applies in the event of personal injury, wilful misconduct or gross negligence, or where a mandatory provision prohibits such exclusion or limitation.

Article 19 – Personal data

The processing of personal data carried out as part of the service is described in Féedima's privacy policy, available on the platform. It sets out in particular the categories of data processed, the purposes and legal bases of the processing, the recipients, the retention periods, any international transfers and the rights of data subjects.

Where trackers or similar technologies requiring consent are used, they are placed and read in accordance with the applicable regulations and with the choices expressed by the user in the cookie management tool.

Contact for exercising rights relating to personal data: privacy@feedima.com

Article 20 – Customer service – complaints

Any request or complaint can be sent to Féedima through the facility provided in the customer area or by email at contact@feedima.com

The consumer is invited to state precisely the subject of their request and to provide the information needed to identify their account and, where applicable, the transaction concerned.

Féedima acknowledges and handles complaints within a reasonable time. Making a complaint does not affect the time limits or the mandatory rights the consumer enjoys.

Article 21 – Consumer mediation

After a prior written complaint to Féedima that has not been resolved amicably, the consumer may refer the matter free of charge to the consumer mediator to which Féedima belongs, under the conditions provided by the applicable regulations.

To this end, Féedima is a member of the consumer mediation scheme offered by the following mediator:

• CM2C — Centre de la médiation de la consommation de conciliateurs de justice
• 49 rue de Ponthieu, 75008 Paris, France
• Website: https://www.cm2c.net

In the event of a dispute, the consumer must first send a written complaint to Féedima, by email to contact@feedima.com or by post to its registered office.

If the dispute is not resolved amicably, the consumer may refer it free of charge to the mediator, under the conditions provided by the French Consumer Code, in particular through its website.

Recourse to mediation is optional and does not deprive the consumer of the right to bring the matter before the competent courts.

Article 22 – Changes to the Terms of Sale and the service

Féedima may change these Terms of Sale and the characteristics of the service in accordance with the applicable regulations. Where a change substantially affects a contract in progress or the consumer's rights, the consumer is informed under the conditions and within the time limits required by law.

The version applicable to a one-off order is the one accepted at the time of that order. For the subscription, changes applicable to future periods are brought to the user's attention before they take effect where required.

A change cannot retroactively deprive the user of rights already acquired under an order that has been performed. Changes made necessary by security, legal compliance or the technical development of the service are implemented in accordance with the rules applicable to contracts for the supply of digital services.

Article 23 – Governing law – disputes

These Terms of Sale are governed by French law.

This choice does not deprive a consumer residing in another country of the mandatory protective provisions they enjoy under the law that would apply in the absence of this choice.

In the event of a dispute, the parties will first seek an amicable solution. The consumer retains the right to bring the matter before any competent court under the mandatory rules that apply to them.

Where the Terms of Sale are offered in several languages, each version is presented as a contractual version available to the user at the time of the order. Subject to applicable mandatory rules, the French version is the reference version for interpreting the contract.

Article 24 – Intellectual property

The platform, its structure, interface, software, databases, graphic elements, texts, trademarks, logos, characters, visual universes and, more generally, the protected elements that make it up are the property of Féedima or are used by it with the authorisation of their owners.

Subscribing grants the user a personal, non-exclusive, non-transferable and revocable right to access the service for their private needs for as long as they hold an account giving them access to the service. It does not entail any assignment of intellectual property rights.

Unless permitted by law or authorised in writing by Féedima, the substantial reproduction, extraction, reuse, distribution, commercialisation, adaptation or decompilation of the service or its elements, or any exploitation beyond the use normally permitted by the platform, is prohibited.

The Féedima® trademark has been filed with the INPI.

Article 25 – Account suspension and closure

The suspension or closure of the user account is distinct from the interruption or closure of a consultation provided for in the “Responsible use and user protection” article. Féedima may temporarily suspend access to all or part of the service where such a measure is necessary for reasons of security, fraud, non-payment, serious or repeated breach of these Terms of Sale or the rules of use, infringement of third-party rights or risk to the integrity of the platform.

Except in an emergency, in case of fraud or where the law prevents it, the user is informed of the reason for the measure and, where the situation can be remedied, of the steps they can take to do so. Any suspension or closure is implemented proportionately and without prejudice to the consumer's mandatory rights.

If the user voluntarily closes their account, Féedima informs them, before final confirmation, of the number and origin of the unconsumed credits and of the possibility of using them while keeping the account open. Closing the account does not, in itself, amount to a waiver of the consumer's rights relating to sums paid for services not provided. Subject to mandatory rules, credits purchased separately and not consumed are refunded at their purchase value; free or promotional credits are not refunded. The treatment of credits included in subscriptions must take into account the paid portion of the plan and the services actually provided.

Where the account is closed at Féedima's initiative for a reason attributable to the user, the credits already committed or consumed for services actually provided, in particular under the conditions set out in the “Responsible use and user protection” article, remain vested in Féedima. What happens to the balance of unconsumed credits is determined taking into account the nature and origin of the credits concerned and applicable mandatory provisions. Where the closure is attributable to Féedima, it cannot deprive the user of the rights arising in particular from non-performance or a lack of conformity.

Article 26 – Force majeure

Neither party can be held liable for a failure to perform its obligations where that failure results from an event having the characteristics of force majeure within the meaning of the applicable law.

The party prevented from performing informs the other party within a reasonable time of the occurrence of the event and its foreseeable consequences. The affected obligations are suspended for the duration of the impediment. If the impediment lasts so long that the contract loses its purpose, or if the law so provides, either party may terminate the contract under the applicable conditions.

Article 27 – Entire agreement – partial invalidity – no waiver

These Terms of Sale, supplemented by the information and specific conditions presented at the time of the order, set out the contractual agreement between Féedima and the user for the transactions they govern.

If any provision is held invalid, unenforceable or ineffective, the other provisions remain applicable to the fullest extent permitted by law. Where necessary, the parties will endeavour to replace the provision concerned with a valid provision whose economic and legal effect is as close as possible, without reducing the consumer's mandatory rights.

The fact that Féedima or the user does not rely on a right or a breach on a given occasion does not amount to a waiver of the right to rely on it later.

Article 28 – Evidence – archiving

The data recorded in the IT systems of Féedima and its service providers, kept under reasonable security conditions, may help establish the communications, acceptances, orders, credit consumption and payments between the parties, subject to any evidence to the contrary admitted by law.

Contractual documents and invoices are kept for the periods required by the applicable regulations. Where the law requires a contract concluded electronically above a certain amount to be archived, the user may request access to it under the conditions provided by the applicable texts.

Article 29 – Contact

For any question about these Terms of Sale, an order, a payment or how the service works, the user can contact Féedima using the details given in the legal notice and at the following email address: contact@feedima.com