Terms of Sale

The presence.green service (the "Service") is published by Alexandre GORSKI EI, a French sole proprietor (entrepreneur individuel, micro-entreprise), registered under SIREN number 911 947 786, with registered office at 2 Boulevard de Strasbourg, 31000 Toulouse, France ("presence.green", "we").

Contact: contact@presence.green

These Terms of Sale ("Terms of Sale") govern the subscription to and performance of the Service's subscription plans. Together with the Terms of Use, the Privacy Policy and the pricing schedule in force, they form the entire contractual framework between presence.green and the Client.

The Service is open to any natural person of legal age and capacity, and to any legal entity (company, association or other organisation), acting in a professional capacity or otherwise. In these Terms, "Consumer Client" means any natural person acting for purposes outside the scope of their commercial, industrial, craft, liberal or agricultural activity; "Professional Client" means any other Client.

The Service is offered to Clients established in France. The billing country is verified at the time of payment.

Subscribing to a plan constitutes unreserved acceptance of these Terms of Sale.

The sale is concluded directly between the Client and presence.green. Payments are processed securely by Stripe Payments Europe, Ltd ("Stripe"), acting as payment service provider. presence.green neither collects nor stores any payment card data.

Charges appear on the Client's bank statement under the descriptor "PRESENCE.GR". An invoice is issued for each billing period and remains available from the Client's dashboard.

Any question relating to payment, invoicing or a charge may be addressed to presence.green (contact@presence.green).

The Service enables the Client to create and operate a digital identity consisting in particular of: a hosted public page (presence.green/p/…), structured data intended for search engines and artificial intelligence engines, and a conversational assistant embedded in the public page.

presence.green is bound by an obligation of means (best-efforts obligation). It does not guarantee any result regarding the referencing, indexing, ranking or visibility of the Client on search engines, AI engines or any third-party service, as these depend on third parties over which presence.green has no control.

The subscription plans, their prices and their quotas (in particular the monthly volume of visitor messages and photo uploads) are described in the pricing schedule in force published on presence.green, which forms an integral part of these Terms of Sale.

Prices are stated in euros, excluding taxes (HT). French VAT at the applicable rate (20%) is added at the time of payment. The Enterprise offer is subject to a quotation and specific conditions.

Every account creation entitles the Client to a 30-day free trial, with no credit card and no commitment, under the conditions of the plan indicated in the pricing schedule. The trial does not automatically convert into a paid subscription: upon its expiry, in the absence of a subscription, access to the Client's public page is suspended until a plan is subscribed. Access to the dashboard and to the Client's data is maintained.

Subscription takes place exclusively online, by the Client themselves, from their account — including where it follows a commercial exchange (meeting, telephone call or video call). No contract is concluded in the simultaneous physical presence of the parties.

The subscription is entered into for a term of one month, renewed by tacit renewal at each due date, until termination. The Client is informed in advance of any change to the price of their subscription; the change applies from the following billing cycle, the Client remaining free to terminate before it takes effect.

Professional Client: as the Service is subscribed at a distance, online, at the Client's initiative, no right of withdrawal applies.

Consumer Client: the Consumer Client benefits in principle from a fourteen (14) day withdrawal period from subscription, pursuant to Article L221-18 of the French Consumer Code. However, by subscribing, the Client expressly requests immediate access to the Service and acknowledges that the right of withdrawal can no longer be exercised once performance has begun, pursuant to Article L221-28 of the French Consumer Code. As access to the Service is opened immediately after payment, the Client thereby acknowledges waiving their right of withdrawal. Any request relating to withdrawal may be sent to contact@presence.green.

It is recalled that the 30-day free trial allows the Service to be fully evaluated before any paid commitment.

The Client may terminate their subscription at any time, without cause or notice, from the "Subscription" page of their dashboard. Termination takes effect at the end of the current monthly period: access to the Service is maintained until that date, and no pro-rata refund is made.

presence.green may terminate the subscription in the event of a breach by the Client of these Terms of Sale or of the Terms of Use not remedied within 15 days of notice, or immediately in the event of a serious breach (in particular unlawful use of the Service). In the event of a definitive shutdown of the Service, presence.green will inform the Client with at least 30 days' notice and the amounts corresponding to any paid period not performed will be refunded.

Subject to the rights that Consumer Clients hold under the law, no refund is due under these Terms of Sale. The 30-day free trial allows the Client to fully evaluate the Service before any payment.

presence.green may nonetheless grant a refund as a commercial gesture, at its sole discretion and on a case-by-case basis. Such a gesture constitutes neither a right of the Client nor a commitment for the future. Any billing correction gives rise to the issuance of a credit note; issued invoices remain unchanged.

In the event of a failed payment at a due date, a grace period applies during which payment is retried. Failing regularisation, access to the Client's public page (including its conversational assistant) is suspended until regularisation. Access to the dashboard and to the Client's data is maintained.

Each plan includes quotas, in particular a monthly volume of visitor messages. Quotas are hard caps: when the monthly visitor message quota is reached, the conversational assistant of the public page is suspended until the beginning of the following month or until an upgrade to a higher plan. The dashboard displays quota usage.

The Consumer Client benefits from the statutory warranty of conformity applicable to digital services supplied on a continuous basis, under the conditions of Articles L224-25-12 et seq. of the French Consumer Code: presence.green is liable for lack of conformity of the Service appearing during the period of supply. The Consumer Client may require the Service to be brought into conformity and, failing that, a price reduction or termination of the contract, under the conditions provided by law. Any claim may be made to contact@presence.green, free of charge.

presence.green's liability may only be incurred in the event of proven fault and is limited to direct damages.

With respect to Professional Clients only: indirect damages are excluded, in particular loss of revenue, clientele, opportunity or image; and the total aggregate liability of presence.green, all causes combined, is capped at the total amount actually paid by the Client for the Service during the twelve (12) months preceding the triggering event. These limitations do not apply in the event of gross negligence or wilful misconduct, or where prohibited by law.

With respect to Consumer Clients, presence.green's liability applies under ordinary law and statutory warranties, without contractual limitation.

The Client is informed that the Service relies on third-party providers (in particular Cloudflare for hosting, Anthropic for artificial intelligence and Stripe for payments). presence.green cannot be held liable for interruptions, malfunctions or decisions attributable to these third parties, without prejudice to its obligation to reasonably limit their effects and to the rights that Consumer Clients hold under the law.

Neither party shall be liable for a failure caused by a force majeure event within the meaning of Article 1218 of the French Civil Code. If the event continues beyond 30 days, either party may terminate the subscription without compensation.

presence.green may amend these Terms of Sale. Any substantial amendment is notified to the Client at least 15 days before it takes effect; it applies from the following billing cycle. A Client who does not accept the new conditions may terminate their subscription before they take effect.

Pursuant to Article L441-1 of the French Commercial Code, these Terms of Sale constitute the single basis of commercial negotiation between professionals and are communicated to any professional who requests them. Their permanent publication on presence.green constitutes such communication.

Pursuant to Articles L612-1 et seq. of the French Consumer Code, the Consumer Client may, after a prior written complaint to presence.green has remained unsuccessful, have recourse free of charge to the following consumer mediator: CM2C (Centre de la médiation de la consommation de conciliateurs de justice), 49 rue de Ponthieu, 75008 Paris, France — www.cm2c.net — contact@cm2c.net — +33 1 89 47 00 14. The dispute can be filed directly online on the mediator's platform.

These Terms of Sale are governed by French law. Only the French version is authentic.

For Professional Clients, any dispute relating to their formation, interpretation or performance not resolved amicably within 30 days shall be submitted to the exclusive jurisdiction of the courts of Toulouse, France, notwithstanding multiple defendants or third-party claims. Consumer Clients may bring proceedings before the competent court under the conditions provided by law.