1. Definitions
Unless otherwise specified:
· The terms and expressions defined in the CGU may be used, as needed, in the singular or plural;
· Any reference made in the CGU or any other document to a legal provision, regulation, or any other type of mandatory standard shall be interpreted as referring to the provision as modified or replaced;
· The terms beginning with a capital letter in these CGU have the meaning given to them below:
“Article” refers to an article in these CGU.
“Order Form”: also known as the registration form, refers to a form made available to Clients for entering the required information to order access to the Platform. An Order Form or registration form may take various formats (online form, paper form to be mailed, faxed, emailed, etc.). A validated Order Form constitutes a legal and financial binding commitment of the Client towards C&G Partners according to these General Terms and Conditions of Use and Sale of the Platform.
“CGU” refers to these general terms and conditions of use and sale.
“Client” refers to the legal entity that has completed the registration process and, for professional purposes, wishes to benefit from the Service.
“C&G Partners” refers to C&G Partners, a SAS company with a capital of 1,328.07 euros, located at 619 Avenue Marcel Paul, 94500 Champigny-sur-Marne, and registered with the Créteil Trade Register under the number 901 210 054.
“Contract” refers to the entire agreement, comprising these General Terms and Conditions of Use and Sale and the Order Form.
“Data” refers to the Client’s data and metrics governing its activities, collected by C&G Partners, as described in Article 5.
“Client Space” refers to the individualized and secure interface, created in accordance with Article 3 following Registration, allowing the Client to access the Service. Access requires authentication.
“Registration” refers to the registration process described in Article 3, allowing the Client, once they have a Client Space, to use the Service.
“User” refers to any person browsing the Website without establishing a contractual relationship with C&G Partners, including creating a Client Space, provided they have accepted the general terms of use by using the Website.
“Party” refers to, together or separately, the Client and/or C&G Partners.
“Platform” refers to the solution provided by C&G Partners, allowing the Client to use the Service, available at https://analytics.fincome.co/.
“Service” refers to the analytical management tool, featuring a dashboard for visualizing key performance indicators, provided by C&G Partners as described in Article 4.
“Website” refers to C&G Partners' website accessible at https://www.fincome.co.
2. Acceptance of the CGU
The Client, during the Registration process, will explicitly accept the current CGU over the onboarding on the Platform.
3. Client Space
3.1 Creation
To request the creation of a Client Space, the User must comply with the Platform’s Registration process. The User agrees not to misuse the Registration process. Completing the described process does not automatically create a Client Space.
The User will be invited to secure their space with a password and will have the option to enable two-factor authentication (2FA) in the Client Space settings. They will be considered a Client once this onboarding process is completed.
3.2 Usage
The Client Space is strictly personal and dedicated solely to the Client. The Client is responsible for using their Client Space.
The Client Space is accessible only via the Platform or by following the login link and can be accessed at any time by the Client after logging in with their credentials. The Client shall make every effort to keep their login details confidential at all times and is solely responsible for the personal use and confidentiality of their login details.
3.3 Deletion
Any request for the deletion of the Client Space by the Client must be made by contacting: vincent@fincome.co.
The Client understands and agrees that once the Client Space is deleted, they will no longer have access to the Service or any information stored in the Client Space.
In accordance with Article 13, the deletion of the Client Space can only occur if the Client is no longer bound by any contract with C&G Partners and no amounts are outstanding.
4. Description of the Service
The Service provided through the Client Space allows the Client to:
· Complete the process for providing Data, enabling C&G Partners or third-party providers to securely collect operational, financial, and banking data via APIs;
· Access the dashboard for visualizing key performance indicators;
· Contact customer service via a dedicated chat module in the Client Space.
5. Data and Data Confidentiality
5.1 Nature of the Data Required
To provide the Service, C&G Partners needs to collect the following data:
· Operational data regarding the Client's subscription base, collected via APIs from the Client's payment and billing providers or directly from the Client;
· Banking transaction and balance data collected by a third-party provider from the Client's banks or directly from the Client.
5.2 Data Confidentiality
Without prejudice to the provisions of Articles 6 and 7, C&G Partners commits to keeping all Data provided under these CGU strictly confidential. C&G Partners agrees not to disclose, extract, or use this Data for any purpose other than providing the Service or related services developed by C&G Partners.
C&G Partners may share Data in response to an injunction from competent authorities, in compliance with the law, without this being a breach of its confidentiality commitment.
6. Responsibility
6.1 Client Responsibility
The Client is solely responsible for how they use the Website and Platform. In case of any violation of the provisions of the CGU or any breach of applicable laws and regulations by the Client, C&G Partners reserves the right to take appropriate measures, in addition to the legal remedies available, including suspending or permanently terminating access to the Website or Platform.
6.2 C&G Partners Responsibility
C&G Partners is only liable for direct consequences of its gross negligence. In any case, C&G Partners cannot be held liable for any damages resulting directly or indirectly from a force majeure event or actions taken by French or foreign authorities.
In case of any malfunction that disrupts the proper operation of the Website, Platform, and/or Service, C&G Partners commits to making reasonable efforts to resolve the issue within a reasonable timeframe.
7. Commitments
7.1 Client Commitments
The Client declares that they strictly comply with all applicable legal, regulatory, and administrative provisions, the violation of which could impair their ability to enter into obligations within the scope of the Service.
Provision and Update of Information and Documents
The Client agrees to provide C&G Partners with all necessary information and/or documents for the proper execution of the CGU for the provision of the Service, and more generally, to actively cooperate with C&G Partners in the execution of the CGU. If the Client fails to meet this obligation, C&G Partners reserves the right to suspend access to the Service. It is the Client’s responsibility to formally notify C&G Partners of any changes in their information. C&G Partners is not responsible for any damages that may result from inaccuracies or changes of which they have not been informed.
Use of the Website, Platform, and Service
The Client agrees to:
(i) not attempt to violate, scan, or test the security system and related systems of the Website or Platform;
(ii) not access or attempt to access any data not intended for the Client;
(iii) refrain from interfering with the normal operation of the Website or Platform or performing any action that may cause interruption or degradation of the Service;
(iv) not upload, display, email, or otherwise transmit any material containing software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website or Platform;
(v) not attempt to interfere with the Services of other clients, users, hosts, or networks, including exposing the server to viruses, overloading the server, or disrupting messaging services.
Accessibility
The Client is informed and accepts that using the Website and/or Platform requires an internet connection, and the quality of the services depends directly on this connection and third-party computer equipment and/or software, for which the Client is solely responsible.
Personal Use of the Website and Service
The Client agrees to use the Platform, Website, and Service solely for personal purposes and not allow third parties to use them on their behalf, unless assuming full responsibility. The Client understands and accepts that C&G Partners presumes the person using the Platform and Service on behalf of the Client (unless otherwise notified by the Client) has the required authority to do so. If unauthorized use of the Platform by a third party or other unauthorized person occurs, the Client agrees to notify C&G Partners immediately.
7.2 C&G Partners Commitments
C&G Partners commits to providing the Service diligently. C&G Partners agrees to:
· Make its best efforts to ensure the security and proper functioning of the Website and Platform;
· Inform the Client of any reasonably foreseeable difficulty, particularly regarding the implementation of the Service or the proper functioning of the Website and Platform;
· Regularly check the functionality and accessibility of the Website and Platform.
C&G Partners reserves the right to modify the technical access methods to the Service and the Website at any time, particularly in response to technological advancements or its service offering. It is the Client’s responsibility to ensure that their IT and telecommunication tools are compatible with these changes.
8. Intellectual Property
The systems, software, structures, infrastructure, and content (texts, images, music, logos, etc.) operated by C&G Partners via the Website or Platform are the exclusive property of C&G Partners and are protected by intellectual property rights.
Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any reproduction, representation, distribution, and use not provided for in the CGU of any of these elements, in whole or part, without the authorization of C&G Partners, is strictly prohibited and may result in legal action.
9. Claims
In the event of a claim regarding the C&G Partners Website and/or Service, the Client must submit a written request to C&G Partners' customer service at the following email: vincent@fincome.co or by post. C&G Partners will evaluate and process the claim within the shortest possible time.
10. Modifications to the CGU
Unless otherwise specified, C&G Partners reserves the right to modify the CGU at any time. These modifications will be notified by any means C&G Partners deems appropriate, including via email.
If the Client does not object within thirty (30) days, these changes will be considered approved and will take effect on the date specified in the notification.
11. Termination of the CGU and Client Space
Without prejudice to any damages that C&G Partners may claim, C&G Partners reserves the right to suspend or terminate the Client’s access to the Service at any time and/or terminate the contractual relationship arising from the acceptance of the CGU, without notice or compensation, in the event of:
· Circumvention or attempted circumvention of technical protection measures put in place by C&G Partners, provision of false, misleading, or inaccurate information during registration or use of the Service;
· Distribution or use of information from the Client Space contrary to its intended purpose;
· Fraud or attempted fraud during registration or use of the Service;
· Non-payment of any sum due to C&G Partners;
· Acts contrary to the commercial interests of C&G Partners.
The Client may also terminate their subscription to the Service by emailing: vincent@fincome.co, subject to the provisions of Article 13 of these CGU.
If a Contract is signed, the provisions for its termination will prevail over the termination of the CGU.
12. Communications
Unless otherwise specified, communications between C&G Partners and the Client may be in French or English.
C&G Partners may communicate with the Client by any appropriate means, including postal mail, telephone, the Website, email, or other technical processes.
Postal or email correspondence will be sent to the Client's last known address. The Client assumes all responsibility for any delay or omission to notify C&G Partners of a change in address.
The Client acknowledges the risks associated with email transmission over public, unsecured networks like the internet and is personally responsible for implementing adequate email security measures. By choosing or accepting this communication method, the Client releases C&G Partners from liability in the event of email interception.
13. Effectiveness – Duration – Termination of the Contract
The subscription to the Platform is valid for 12 months from the subscription date. The Contract takes effect upon acceptance of the General Terms of Use and Sale by both Parties for a period ("Contractual Period") of at least twelve (12) months.
At the end of this period, the Contract will automatically renew for an equal duration unless terminated by one of the Parties at least 15 days before the subscription anniversary. However, any Contractual Period will be due, and no payment will be refunded if the Client cancels during the Contractual Period.
14. Financial Conditions
In exchange for the use of the Platform under the terms of the Contract, the Client pays C&G Partners a total fixed price as stipulated in the Order Form or registration form. Payment of the subscription is made by credit card, SEPA direct debit or wire transfer, no later than the latest between the day of the Order Form signature or the onboarding date.
By providing their payment method and accepting these General Terms of Sale and Use of the Platform, the Client authorizes (i) C&G Partners and Stripe, the chosen payment service provider, to send instructions to their bank for payment and (ii) the bank to execute the payment according to those instructions.
C&G Partners reserves the right to modify Platform subscription prices at any time.
In case of late payment, the unpaid amount will automatically bear interest at three times the legal interest rate, in accordance with Article L. 441-6 of the Commercial Code. If the delay exceeds seven (7) days, C&G Partners will be entitled to suspend access to the Platform without notice, without prejudice to any damages owed to C&G Partners.
15. Consequences of Termination
Upon termination of the Contract, regardless of the cause:
· The Client will no longer have access to the Platform.
· Any sums paid to C&G Partners for the current Contractual Period will remain with C&G Partners, and any outstanding amounts will become immediately payable.
16. Evidence
The sending and content of correspondence or communication are established by producing a copy of it by C&G Partners.
17. Governing Law and Jurisdiction
These CGU are governed by French law. Any dispute between C&G Partners and the Client shall fall under the exclusive jurisdiction of the French courts.