This is a courtesy translation. Only the French version of these terms is legally binding.
Article 1 — Purpose
The purpose of these General Terms and Conditions of Use and Sale, hereinafter the “Terms”, is to define the conditions of access to, use of and sale of the services offered by Fydl.
Fydl is a digital solution which allows, in particular, merchants to create and manage loyalty programmes, and customers to join those programmes, accumulate points, access rewards and receive communications relating to the businesses they follow.
These Terms apply to every User of Fydl, whether they use the service as a Customer or as a Merchant.
Use of Fydl implies acceptance of these Terms.
Article 2 — Definitions
In these Terms, the following terms have the meanings set out below:
Digital Sphere: means Digital Sphere, a SASU (société par actions simplifiée unipersonnelle, a single-shareholder simplified joint-stock company) registered with the RCS (Registre du commerce et des sociétés, the French Trade and Companies Register) of Paris under number 832 790 455, publisher of Fydl and a party to these Terms. Where these Terms attribute a right, an act or an obligation to Fydl, it is exercised or borne by Digital Sphere.
Fydl: means the service published by Digital Sphere, accessible in particular through the Fydl mobile application, the webapp and the Fydl website.
User: means any person using Fydl, whether as a Customer or as a Merchant.
Customer: means the end user who joins or uses a loyalty programme offered by a Merchant through Fydl.
Merchant: means the user who creates, configures or operates a loyalty programme, a loyalty card, campaigns or services offered by Fydl.
Account: means the personal area created by a User in order to access the Fydl services.
Loyalty card: means the digital loyalty programme created by a Merchant and made accessible to Customers through Fydl.
Points: means the loyalty units awarded, withdrawn or used in connection with a Loyalty card.
Rewards: means the benefits offered by a Merchant to its Customers in connection with its loyalty programme.
Free services: means the features accessible without payment, in accordance with the conditions displayed by Fydl.
Paid services: means the features invoiced by Fydl, in particular the à la carte options, the SMS campaigns, the subscriptions or any other paid service offered.
Fydl Wallet: means the rechargeable balance allowing the Merchant to use certain à la carte Paid services.
SMS campaigns: means the communications sent by SMS by a Merchant to its Customers through Fydl.
Push notifications: means the notifications sent to Customers through the Fydl application or webapp, in particular in order to inform them of news, offers or information relating to the businesses they follow.
Article 3 — Identification of the publisher and legal notices
The Fydl service is published by:
Digital Sphere, a SASU (société par actions simplifiée unipersonnelle, a single-shareholder simplified joint-stock company) with a share capital of 500 euros
Registered with the RCS (Registre du commerce et des sociétés, the French Trade and Companies Register) of Paris under number 832 790 455
Registered office: 128 rue La Boétie, 75008 Paris, France
Website: https://www.fydl-app.com
Contact: contact@fydl-app.com
Intra-Community VAT number: FR92 832 790 455
Hosting of the service:
Digital Sphere, a SASU with a share capital of 500 euros
Registered office: 128 rue La Boétie, 75008 Paris, France
The elements making up Fydl, in particular the texts, interfaces, visuals, logos, trade marks, databases and software, are protected by the applicable intellectual property rights.
Article 4 — General description of the service
Fydl is a digital solution allowing Merchants to create, manage and run loyalty programmes for their Customers.
The service allows Merchants in particular to create digital Loyalty cards, to configure rules for awarding Points and Rewards, and to manage their customer file, their sales outlets and their team members.
Fydl also offers customer engagement and customer communication features, such as news, push notifications, SMS campaigns, referral, the collection of customer reviews or any other additional module available in the application.
Customers may join the Merchants’ Loyalty cards, identify themselves through the media offered by Fydl, accumulate Points, access Rewards and consult their loyalty information from the application, the webapp, a mobile wallet or any other compatible medium.
Certain features may depend on paid options, on a subscription, on the balance of the Fydl Wallet, on technical partners, on third-party services or on integrations with point-of-sale software.
Fydl reserves the right to change its features, its interface, its offers or its technical arrangements, provided that it does not deprive the User of the essential characteristics of the service to which they have subscribed.
Article 5 — Access to the service and creation of an account
Access to Fydl requires the creation of an Account or the use of an identification process offered by Fydl, in particular through the mobile application, the webapp, a QR code, a membership link or any other compatible medium.
For Customers, the primary identifier is the telephone number. The creation of, or the access to, the Account may require verification by means of a code sent by SMS.
When a Customer receives their first Points from a Merchant, Fydl may ask them to complete their profile in order to continue using the service, in particular with their surname, their first name, their date of birth and their email address.
For Merchants, access to certain Services, in particular the Paid services, may require the provision of additional information, in particular the information needed for invoicing.
The User undertakes to provide accurate, complete and up-to-date information. They are responsible for the use of their Account and for the confidentiality of the means of access communicated to them.
Fydl may suspend or refuse access to any Account in the event of fraudulent, abusive or unlawful use, or of use contrary to these Terms.
Article 6 — Use by Customers
The Customer may join one or more Loyalty cards offered by Merchants through Fydl, in particular from the application, the webapp, a membership link, a QR code, a mobile wallet or any other compatible medium.
The Customer’s Account is primarily attached to their telephone number. That number allows, in particular, the identification of the Customer, verification by SMS and access to their Loyalty cards.
When a Customer joins a Loyalty card or receives Points, certain additional information may be requested from them in order to continue using the service, in particular their surname, their first name, their date of birth and their email address.
The Customer may consult their Loyalty cards, their Points and their Rewards through the media offered by Fydl, subject to the availability of the service and to the Loyalty card being maintained by the Merchant concerned.
The Customer may request the deletion of their Account through the features provided for that purpose or by contacting Fydl at the following address: contact@fydl-app.com.
In the event of deletion of the Account, the associated data is deleted or anonymised, except for data whose temporary retention is necessary in order to comply with a legal obligation, to ensure the security of the service or to preserve evidence of a right.
Article 7 — Use by Merchants
The Merchant may create and manage one or more Loyalty cards, each of which may be attached to a business activity, a customer file, one or more addresses or sales outlets.
The Merchant is responsible for the configuration of its Loyalty cards, of its rules for awarding Points, of its Rewards, of its content, of its campaigns and, more generally, for the use it makes of Fydl.
The Merchant undertakes to use Fydl in accordance with the applicable laws, with these Terms and with the rights of Customers.
The Merchant is solely responsible for the offers, benefits, Rewards, messages, news, SMS campaigns, push notifications and content that it distributes through Fydl.
The Merchant may add members to its team and assign them roles or access rights according to the features available. It remains responsible for the use of the service by its team members.
Fydl may refuse, suspend or limit a Merchant’s access to the service in the event of fraudulent, abusive or unlawful use, of use contrary to these Terms, or in the event of non-payment or of an insufficient balance for the Paid services used.
Article 8 — Points, Rewards and benefits
The Points, Rewards and benefits offered within Fydl are defined by each Merchant under its own responsibility.
Unless the Merchant indicates otherwise, the Points and Rewards have no period of validity. Certain specific Rewards, in particular Rewards linked to a birthday, may however be limited in time in accordance with the rules defined by the Merchant.
The Points and Rewards have no monetary value, do not constitute a means of payment and may not give rise to any cash refund by Fydl.
The Merchant may award, withdraw, correct or cancel Points according to the features available and to the rules of its loyalty programme. The Customer may also use the features made available to them in order to manage certain uses relating to their Points or Rewards.
Any dispute relating to the award, the withdrawal, the use or the refusal of a Reward falls primarily within the relationship between the Customer and the Merchant concerned.
In the event of the discontinuation, the suspension or the deletion of a Loyalty card by a Merchant, the Points, Rewards and data associated with that card may be deleted or made unavailable.
Article 9 — Free services, à la carte options and subscription
Fydl may offer Free services, paid à la carte options, subscriptions or any other Paid service presented in the application, in the webapp or on the Fydl website.
The Free services constitute Fydl’s basic offer and remain accessible in accordance with the conditions displayed by Fydl, subject to the availability of the service, to compliance with these Terms and to any technical or functional changes to Fydl.
The à la carte options allow the Merchant to activate certain paid features according to the prices and arrangements displayed by Fydl. These options may in particular be charged on a daily basis and deducted from the Fydl Wallet.
The subscription allows the Merchant to access certain included or unlimited features, according to the offer subscribed to. Certain paid features may remain available on an à la carte basis even where a subscription is active.
The prices, the included features, the usage limits and the conditions applicable to the Paid services are set out in the application, in the webapp, on the Fydl website or on any other medium communicated by Fydl.
Article 10 — Prices, Fydl Wallet, payment and invoicing
The prices of the Paid services are stated in euros, exclusive of tax or inclusive of all taxes depending on the User’s status and on the information displayed at the time of subscription or purchase.
The Merchant may top up its Fydl Wallet in order to use certain paid à la carte options. The sums consumed in respect of those options are deducted from the available balance at the prices in force.
Subscriptions may be taken out on a monthly or an annual basis. The annual subscription is paid in a single payment for the annual period subscribed to.
Unless otherwise indicated, subscriptions are renewed automatically on their expiry date, unless terminated by the Merchant before the renewal date.
The termination of a subscription takes effect at the end of the current paid period. No refund is due in the event of termination before the end of that period.
Fydl may issue a monthly invoice setting out the Paid services used or invoiced during the month, including in particular the subscriptions, the à la carte options, the SMS campaigns or any other consumption.
The Merchant is responsible for the accuracy of the invoicing information entered in its Account. Fydl shall not be liable for invoicing errors resulting from information that is inaccurate, incomplete or not updated by the Merchant.
Article 11 — Suspension of the Paid services
The use of certain Paid services may depend on the balance available in the Merchant’s Fydl Wallet.
In the event of an insufficient balance, Fydl may inform the Merchant by any appropriate means, in particular through the application, the webapp, email or SMS.
In the absence of a sufficient balance, the Paid services concerned may be suspended automatically. Such suspension may in particular make certain features unavailable for the Merchant and/or for its Customers.
Topping up the Fydl Wallet allows the reactivation of the Paid services concerned, subject to the necessary technical delays.
Fydl shall not be held liable for the consequences arising from the suspension of a Paid service resulting from an insufficient balance, from non-payment, or from a failure to update the Merchant’s means of payment or invoicing information.
Article 12 — SMS campaigns and push notifications
Fydl allows Merchants, according to the features available, to send SMS campaigns and push notifications to their Customers.
Campaigns may be one-off or automatic, in particular on the occasion of an event, of a news item, of a birthday, of a reward being reached, of a follow-up reminder or of any other scenario offered by Fydl.
The Merchant is solely responsible for the content, the configuration, the targeting and the frequency of the campaigns that it distributes through Fydl.
The Merchant undertakes to use the SMS campaigns and push notifications in compliance with the applicable regulations, in particular as regards direct marketing, the consent of Customers and the right to object.
Commercial SMS campaigns may be sent only to Customers who have consented to receive this type of communication for the business concerned.
Each Customer may unsubscribe from a Merchant’s commercial SMS, in particular by means of the unsubscribe mechanism provided for in the messages. The unsubscription applies to the business concerned.
Commercial push notifications may be disabled by the Customer according to the features available within Fydl or in the settings of their device.
Fydl does not systematically moderate the content distributed by Merchants, but reserves the right to suspend, block or delete any campaign or any content that is manifestly unlawful, abusive, misleading, fraudulent or contrary to these Terms.
Article 13 — Customer engagement modules, referral and review collection
Fydl may offer Merchants customer engagement modules, in particular news, referral schemes, games, rewards, the collection of customer reviews or any other additional module available.
The Merchant is responsible for the conditions, the benefits, the content and the settings that it defines in connection with those modules.
The benefits offered in connection with a referral scheme, a game, a review collection or a commercial engagement operation are defined and borne by the Merchant concerned, unless Fydl expressly indicates otherwise.
Certain modules may rely on third-party services, in particular review platforms or external services. Fydl does not guarantee the availability, the operation, the publication, the retention, the ranking or the deletion of content on those third-party services.
Fydl may suspend or limit access to a module in the event of abusive, fraudulent or misleading use, of use contrary to the rules of a third-party platform, or of use liable to infringe the rights of Customers or of third parties.
Article 14 — Integrations with point-of-sale software
Fydl may offer, depending on the partners available, integrations with certain point-of-sale software (logiciels de caisse) or third-party solutions.
These integrations may make it possible to retrieve certain information relating to orders or customer visits, in particular in order to facilitate the awarding of Points or the use of the loyalty programme.
The accessible data, the operating arrangements, the synchronisation times and the technical limits may vary according to the partner, the point-of-sale software, the sales outlet or the Merchant’s configuration.
Unless otherwise indicated, Fydl reads the data necessary for the operation of the integration and does not modify the Merchant’s point-of-sale data, stock, discounts or payment transactions.
The operation of an integration may require an action by the Customer or by the Merchant, in particular identification by QR code, NFC badge or any other compatible medium.
Fydl does not guarantee permanent compatibility with point-of-sale software or third-party services. An integration may be modified, suspended or discontinued in the event of a technical change, of a change imposed by a partner, of unavailability or of a difficulty beyond Fydl’s control.
Article 15 — Obligations of Users
The User undertakes to use Fydl in a fair manner, in compliance with these Terms and with the applicable laws.
In particular, the User shall refrain from:
- using Fydl for fraudulent, unlawful, misleading or abusive purposes;
- attempting to circumvent the operating rules of the service;
- creating or using false accounts;
- disrupting the proper functioning of Fydl;
- distributing content that is unlawful, offensive, misleading or discriminatory, or that infringes the rights of third parties;
- using Fydl to send communications that are unsolicited or contrary to the applicable regulations.
The Merchant undertakes to offer through Fydl only offers, rewards, content and campaigns that comply with its business activity, with the applicable regulations and with the rights of Customers.
In the event of a breach, Fydl may suspend or delete any content, campaign, feature, Account or access to the service, without prejudice to any other remedy.
Article 16 — Availability, maintenance and development of the service
Fydl implements reasonable means in order to ensure access to and the proper functioning of the service.
However, Fydl does not guarantee continuous, permanent or error-free access to the service. Access may be interrupted or limited, in particular in the event of maintenance, of an update, of a technical incident, of a change to the service, or of the unavailability of a provider, of a technical partner or of a third-party service.
Fydl may change, modify, add or remove certain features in order to improve the service or to respond to technical, commercial, legal or security constraints.
Where such changes concern Paid services subscribed to by a Merchant, Fydl ensures that the Merchant is not deprived of the essential characteristics of the subscribed service during the current period.
Article 17 — Fydl’s liability
Fydl acts as a technical solution allowing Users to access the services described in these Terms.
Fydl shall not be held liable for the offers, rewards, benefits, content, campaigns, settings or commercial decisions defined by Merchants.
Disputes relating to the awarding of Points, to the use of a Reward, to the refusal of a benefit, to a commercial offer or to a relationship between a Customer and a Merchant fall primarily within the remit of the Merchant concerned.
Fydl shall not be held liable for damage resulting from improper use of the service, from inaccurate information provided by a User, from fraudulent use, from a configuration failure by the Merchant, from an insufficient balance, from non-payment, or from a malfunction originating in a third-party service.
Fydl is bound by an obligation to use reasonable endeavours and not by an obligation to achieve a result (obligation de moyens et non de résultat). Fydl does not guarantee any particular commercial result from the use of the service.
Article 18 — Term, termination and deletion
These Terms apply throughout the period during which the User uses Fydl.
The Merchant may terminate its subscription in accordance with the arrangements provided for in its own area or by contacting Fydl. The termination takes effect at the end of the current paid period.
Unless otherwise indicated, the sums already paid in respect of a subscription, an option, an SMS campaign, a top-up or any other Paid service are non-refundable.
In the event of the discontinuation or the deletion of a Loyalty card by a Merchant, the Customers concerned may lose access to the Points, Rewards and information associated with that card.
Fydl may suspend or delete an Account, an access right, a Loyalty card, a campaign or a feature in the event of a breach of these Terms, of abusive, fraudulent or unlawful use, of non-payment or of a risk to the security of the service.
Article 19 — Personal data
In connection with the use of Fydl, personal data may be collected and processed, in particular in order to create and manage the Accounts, to allow the identification of Users, to manage the Loyalty cards, the Points, the Rewards, the communications, the Paid services, the invoicing, the security and the support.
The conditions governing the processing of personal data are set out in the Fydl Privacy Policy, accessible from the application, the webapp or the Fydl website.
The User is invited to read that Privacy Policy before using Fydl.
Requests relating to personal data may be addressed to Fydl at the following address: contact@fydl-app.com.
Where the User uses Fydl as a Merchant, use of the service also implies acceptance of the Annex relating to the processing of the personal data of Fydl Merchants, applicable to the processing carried out by Fydl on its behalf.
Article 20 — Intellectual property
Fydl, its name, its logo, its interface, its content, its texts, its visuals, its databases, its software and, more generally, all the elements making up the service are protected by the applicable intellectual property rights.
No element of Fydl may be copied, reproduced, modified, distributed, exploited or used without the prior authorisation of Fydl, except for use strictly necessary to the normal use of the service.
The content, trade marks, logos, visuals or elements provided by a Merchant remain its responsibility. The Merchant warrants that it holds the rights necessary in order to use them and to distribute them through Fydl.
Article 21 — Amendment of the Terms
Fydl may amend these Terms in order to take account of changes to the service, to its offers, to its features, or to its technical, commercial, legal or regulatory constraints.
The applicable version is the one available on the Fydl website, application or webapp at the time of the use of the service or of the subscription to the Service concerned.
In the event of a significant amendment, Fydl may inform Users by any appropriate means.
Continued use of Fydl after the entry into force of the new Terms constitutes acceptance of them.
Article 22 — Complaints, governing law and disputes
For any question or complaint relating to Fydl, the User may contact Fydl at the following address: contact@fydl-app.com.
These Terms are governed by French law.
In the event of a dispute, the parties shall endeavour to seek an amicable solution before bringing any legal action.
Failing an amicable resolution, the statutory rules of jurisdiction shall apply.
Article 23 — Acceptance of the Terms
The User accepts these Terms upon registration, upon access to the service, upon use of Fydl, upon the creation of a Loyalty card, upon the activation of a Paid service or upon taking out a subscription.
The User acknowledges having read these Terms and accepts them without reservation.