General Terms of Sale

Article 1 — The seller

The Plans are sold by FINOZIO, a French simplified joint-stock company (société par actions simplifiée) with a share capital of 2,000 euros, registered with the Paris Trade and Companies Register under number 109 096 388, whose registered office is at 47 rue Vivienne, 75002 Paris, France, represented by its President, Mr. Younes Jedouane (“Finozio”, “we”).

Intra-EU VAT number: FR21109096388.

Telephone: +33 7 67 50 33 39. Orders, quotes, invoicing and refunds: contact@finozio.com. Technical support: support@finozio.com. Website: finozio.com.

Article 2 — Purpose, scope and contractual documents

2.1 Purpose

These Terms of Sale apply to every Order of a paid Plan placed with Finozio: online for Audit Spring and Pilot, on quote for Scale Up and Custom. They do not apply to the Free Plan, which is free of charge and governed by the Terms of Use alone.

2.2 Contractual documents and order of precedence

The contract between Finozio and the Customer consists of the following documents: the accepted quote and, where applicable, the signed special terms (Quote-based Plans); these Terms of Sale; the Terms of Use; the DPA; the description of the Plan published on the Plans Page on the date of the Order.

In case of conflict: the accepted quote and the signed special terms prevail over any other document; for sales matters (price, payment, invoicing, duration, end of access, refunds), these Terms of Sale prevail over the Terms of Use; for personal data processed on the Customer’s behalf, the DPA prevails over these Terms of Sale and the Terms of Use.

The Customer’s general terms of purchase, or any other document issued by the Customer, do not apply unless expressly accepted by Finozio in writing.

2.3 Access to these Terms of Sale

These Terms of Sale are available at all times at finozio.com/cgv, through a link in the website footer, on the sign-up page and at the payment step, and are provided to any business buyer who requests them, in accordance with Article L. 441-1 of the French Commercial Code. The version applicable to an Order is the one in force on the date of that Order; the Customer may save and print it.

Article 3 — Definitions

The capitalized terms below have the following meaning. Terms defined in the Terms of Use (in particular “User”, “Microsoft Environment”, “Customer Data”, “Recommendations” and “Aurora”) have the same meaning in these Terms of Sale.

• “Customer”: the legal entity, or the individual acting for business purposes, in whose name a Finozio account is opened and an Order placed.
• “Plan”: each of the offerings described in Article 5: Free, Audit Spring, Pilot, Scale Up and Custom.
• “Online Plan”: Audit Spring, Pilot and the Add-ons, which are purchased on the website with immediate payment.
• “Add-on”: each of the Pilot add-ons described in Article 5.5 (Copilot Module, Additional Tenant, Single Sign-On), purchased on top of a current Pilot.
• “Quote-based Plan”: Scale Up and Custom, which are not sold online and are subject to a quote.
• “Order”: the purchase of an Online Plan, confirmed by payment on Stripe’s payment page, or the acceptance of a quote for a Quote-based Plan.
• “Access Period”: the period during which the Customer benefits from the features of the paid Plan.
• “Analysis”: the reading and analysis, by the Service, of the inventory and costs of an Azure subscription and, where the Plan provides for it, of Microsoft 365 licenses (called a “scan” on the website).
• “Customer Area”: the Customer’s secure area on app.finozio.com.
• “Stripe”: the payment service provider to which Finozio entrusts the collection of payments for Online Plans and the issuing of their invoices.
• “Plans Page”: the page finozio.com/offres, which describes the content, quotas and current price of each Plan.

Article 4 — Sales reserved for business customers

The Plans are intended exclusively for business customers: companies, public bodies, associations and any person acting for purposes within their trade, business, craft, profession or farming activity. They are not offered to consumers within the meaning of the preliminary article of the French Consumer Code.

The person placing the Order represents that they act in the name and on behalf of the Customer, that they are authorized to bind it, and that they order for the purposes of the Customer’s business. Opening an account requires a business email address and the company name; addresses from consumer email providers (gmail, hotmail, yahoo and the like) are refused. Before payment, the Customer confirms its business status by ticking the mandatory box provided for in Article 6.1; no Order is possible without this declaration.

Finozio may refuse or cancel an Order that appears to have been placed by a consumer; it then returns all sums paid in full.

Article 5 — The Plans

The content, quotas (number of Users, of analyzed subscriptions and of manual Analyses, volume of exchanges with Aurora) and price of each Plan are those described on the Plans Page and recalled before payment, on the date of the Order. The table below summarizes how each Plan is purchased.

5.1 Free (inventory report)

The Free Plan is free of charge and requires no means of payment. It is provided as is, under the Terms of Use. The provisions of these Terms of Sale on price, payment and refunds do not concern it.

5.2 Audit Spring

Audit Spring is a one-off service, paid once. Each purchase includes:

• one Analysis of one (1) Azure subscription, covering the resource types listed on the Plans Page on the date of the Order, which the Customer launches from its Customer Area once its subscription is connected;
• up to five (5) Recommendations, ranked by estimated savings, a FinOps maturity score, a PDF report and CSV exports;
• a report on orphaned Microsoft 365 licenses, where the Customer has connected its Microsoft 365 tenant;
• a thirty (30) minute debrief with a Finozio expert, under the conditions of Article 10.3;
• access for one (1) User.

Audit Spring includes neither the Aurora assistant, nor automatic cost collection, nor alerts: the portal shows the results of the Analysis as they stood on its date, without updates.

An Analysis that fails does not use up the purchase: the Customer may run it again. Each new purchase of Audit Spring entitles the Customer to a new Analysis.

5.3 Pilot

Pilot gives access to the Service for three hundred and sixty-five (365) days, for a one-time payment. Pilot is not a subscription: no further debit takes place and access does not renew automatically. The monthly amount sometimes shown next to the price is merely an equivalent; the amount paid is the one-time amount stated before payment.

As of the date of these Terms of Sale, Pilot includes in particular: the analysis of all connected Azure subscriptions, across all resource types covered by the Service; nightly cost collection; the Aurora assistant; alerts and the weekly summary; Microsoft 365 and Copilot usage tracking; three (3) User accounts; up to five (5) manual Analyses per day; email support with a target response time of forty-eight (48) business hours. The content that prevails is the one shown on the Plans Page on the date of the Order.

5.4 Scale Up and Custom

Scale Up and Custom are not sold online. The Customer requests them from the website; Finozio sends a quote setting out the scope, price, duration, renewal, invoicing and payment terms and, where applicable, the service-level commitment. These Terms of Sale apply to these Plans for anything the quote or the special terms do not address.

5.5 Pilot Add-ons

A Customer with a current Pilot may add the following Add-ons to it, purchased online, at the unit price shown on the Plans Page and recalled before payment:

• the Copilot Module, which gives access to Microsoft 365 Copilot return-on-investment tracking: unused seats priced in euros, seats to reassign, adoption and cost per active user. Its price is due per Copilot seat ordered, with a minimum of fifty (50) seats per Order; the Customer orders the number of Copilot seats in its Microsoft 365 tenant;
• the Additional Tenant, which allows one more Microsoft Entra tenant to be connected than those included in Pilot, per unit ordered;
• Single Sign-On (SSO), which allows the Customer’s Users to sign in through their company’s identity provider.

Each Add-on is activated as soon as payment is confirmed, for three hundred and sixty-five (365) days. It does not renew automatically. A repurchase of the same Add-on made before it expires adds a new period at the end; Additional Tenants purchased separately add up.

An Add-on only takes effect during a Pilot Access Period. If the Pilot ends before the Add-on, the Add-on is suspended until its own end date, with no extension or refund of the remaining period; it takes effect again if the Customer repurchases Pilot before that date. Scale Up and Custom already include these features and need no Add-on.

5.6 Changes to the Plans

Finozio may change the content and prices of the Plans for the future. Such changes do not apply to an Access Period already paid for, during which Finozio does not substantially reduce the content of the purchased Plan, in accordance with Article 3 of the Terms of Use.

Article 6 — Orders

6.1 Steps of an online Order

An Online Plan is ordered in four steps:

• the Customer chooses the Plan on the website, then creates an account or signs in;
• a summary shows the Plan, its price excluding VAT and its payment terms (one-time payment; for Pilot, twelve months of access with no automatic renewal); the Customer can go back and change its choice; to continue, it ticks a mandatory box by which it declares that it acts for the purposes of its business and accepts these Terms of Sale and the DPA;
• the Customer is redirected to Stripe’s secure payment page, which shows the price excluding VAT, the applicable VAT and the total amount, and asks for the billing address and the intra-EU VAT number, if the Customer has one;
• the Customer confirms the payment and is then returned to its Customer Area, where the Plan is activated as soon as Stripe has confirmed the payment.

6.2 Formation of the contract

The Order becomes firm, and the contract is formed, when Stripe confirms the payment. Before confirming payment, the Customer can check the details of its Order and its total price, and correct any errors. As the parties are businesses, they agree, as permitted by Article 1127-3 of the French Civil Code, that the formalities of Articles 1127-1 and 1127-2 of that code apply only to the extent described in this article.

Confirmation of payment is displayed in the Customer Area, and Stripe sends a receipt by email to the account address. The invoice is issued as set out in Article 9.

6.3 Refusal of an Order

Finozio may refuse an Order on legitimate grounds, in particular in the event of a previous payment dispute, a serious breach of the Terms of Use, an Order clearly placed by a consumer, or inaccurate identification details. No amount is then collected, or it is refunded in full.

6.4 Ordering a Quote-based Plan

For Scale Up and Custom, the contract is formed by the Customer’s written acceptance of the quote (electronic or handwritten signature, or “approved” mention), within its validity period of thirty (30) days.

6.5 Evidence and archiving

The electronic records of Finozio and Stripe (timestamps, logs, payment sessions, invoices), kept under reasonable security conditions, constitute evidence between the parties of Orders and their date, unless proven otherwise. Finozio keeps billing data for at least ten (10) years.

Article 7 — Prices

7.1 Applicable price

Prices are stated in euros, excluding VAT. The applicable price is the one shown on the Plans Page and on Stripe’s payment page at the time of the Order. Finozio may change its prices at any time: a new price applies only to Orders placed after it is published and never changes an Order already paid. As Online Plans do not renew automatically, no price revision occurs during an Access Period.

7.2 Taxes

Prices are stated excluding VAT. The applicable VAT is calculated by Stripe and added at the time of payment; the payment page shows the price excluding VAT, the VAT and the total amount before the Customer confirms. Where the Customer is a business established in another Member State of the European Union and provides a valid intra-EU VAT number at payment, VAT is reverse-charged: the invoice is issued excluding VAT, with the statement “Autoliquidation” (reverse charge), and the VAT is payable by the Customer. Without a valid number, the reverse charge does not apply and VAT is invoiced.

7.3 Launch offer

Audit Spring may be offered at a launch price, shown next to the struck-through standard price. This price applies to every Order placed while it is displayed, including a new purchase by an existing Customer; it is not reserved for the first purchase. Finozio may end it at any time for the future.

7.4 Discounts and promotional codes

Finozio may grant a discount in a quote or issue a promotional code, on the terms (amount, duration, number of uses) communicated with that code. A code cannot be exchanged for cash, cannot be combined with another code unless stated otherwise, and does not apply to an Order already paid. Apart from the deduction provided for in Article 7.5, no other price reduction is granted.

7.5 Audit Spring deducted from the Pilot price

When the Customer buys Pilot no later than the thirtieth (30th) day after paying for an Audit Spring, the amount actually paid for that Audit Spring, excluding taxes, is deducted from the Pilot price. The deduction appears on the Stripe payment page and on the invoice; VAT is calculated on the price so reduced.

The deduction applies only once per Audit Spring purchase. It is not refundable, cannot be exchanged for cash and cannot be carried over to another Order. It does not apply to an Audit Spring that has been refunded or whose payment is disputed, nor to an Audit Spring whose price was fully covered by a promotional code. An Audit Spring deducted from the Pilot price is no longer refundable under Articles 12.3 and 12.4.

7.6 Fees

Finozio charges no fees on top of the price. Any fees charged by the Customer’s bank, including currency exchange fees, remain payable by the Customer.

Article 8 — Payment

8.1 Online Plans

The price of an Online Plan is payable in full at the time of the Order, without discount, on Stripe’s payment page, by bank card only. Finozio neither receives nor stores any card data: card data is processed by Stripe, a PCI DSS certified provider.

The Plan is activated when Stripe confirms the payment. If the payment fails, the Order is not concluded and no access is opened.

8.2 Quote-based Plans

Invoices for Quote-based Plans are payable by bank transfer according to the terms of the quote or, failing that, within thirty (30) days of their issue date. The agreed period may not exceed sixty (60) days from the invoice issue date (Article L. 441-10 of the French Commercial Code). No discount is granted for early payment.

8.3 Late payment

Any amount not paid when due automatically bears, from the day after the due date and without prior reminder, late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points. The Customer also automatically owes a fixed indemnity for recovery costs of forty (40) euros (Articles L. 441-10 and D. 441-5 of the French Commercial Code); Finozio may claim additional compensation, upon proof, where the costs incurred are higher.

After a formal notice by email that remains without effect for fifteen (15) days, Finozio may suspend access to the Service until full payment, without prejudice to the amounts due, and terminate the Plan under Article 13.3 of the Terms of Use.

8.4 Payment disputes

If the Customer disputes a payment with its bank (stop payment, chargeback), access to the corresponding Plan is suspended as soon as the bank withholds the funds; a mere request for information from the bank, without withholding of funds, does not lead to suspension. If the dispute is decided in Finozio’s favor, access is restored until the original end of the Access Period, without the suspension period being added back. If it is decided in the Customer’s favor, access remains closed.

Article 9 — Invoicing

Each payment for an Online Plan gives rise to an invoice issued through Stripe, in the name and to the billing address that the Customer enters on the payment page. The Customer ensures that this information is accurate and provides its intra-EU VAT number where it has one: this number is requested at payment and is required for the reverse charge (Article 7.2). The invoice is sent by email to the account address and can be downloaded from the Customer Area.

Quote-based Plans are invoiced according to the schedule in the quote. Any dispute about an invoice is sent to contact@finozio.com within thirty (30) days of its issue.

Article 10 — Provision and performance

10.1 Activation

The Plan is activated in the Customer Area as soon as payment is confirmed. The account that placed the Order becomes its administrator and can connect the Customer’s Microsoft Environment.

10.2 Customer cooperation

For the Service to produce results, the Customer connects its Microsoft Environment under Article 5 of the Terms of Use and, for Audit Spring, launches the Analysis from its Customer Area. Delays or lack of results due to a connection that the Customer has not made, has made incompletely or has revoked are not attributable to Finozio and do not extend the Access Period.

10.3 Audit Spring debrief

The debrief included in Audit Spring takes place remotely, in a slot that the Customer books from its Customer Area or by writing to contact@finozio.com. It must be booked within three (3) months of the completed Analysis; after that period it is no longer owed and gives rise to no refund.

10.4 Support

Support is provided by email at support@finozio.com, within the response time specific to the Plan where the Plans Page states one. It includes neither the implementation of Recommendations in the Customer’s Microsoft Environment nor legal or financial advice.

Article 11 — Duration, end of access and renewal

11.1 Audit Spring

Audit Spring has no time limit: the Customer keeps read access to the results of its Analysis (Recommendations, report, exports) for as long as its account exists, without the data being updated. Only a refund granted under Article 12.3 or 12.4 ends this access.

11.2 Pilot

The Pilot Access Period lasts three hundred and sixty-five (365) days from the Order. It is neither renewed nor extended automatically, and gives rise to no further debit. Finozio notifies the account holder by email about thirty (30) days, then seven (7) days, before it ends.

The Customer may repurchase Pilot at any time. A repurchase made before the end date adds a new Access Period of 365 days after the current Period, without losing the remaining days.

11.3 At the end of the Access Period

At the end date, the account automatically reverts to the Free Plan. The Customer no longer has access to the paid features, in particular Recommendations, reports and Aurora, and no further data collection takes place in its Microsoft Environment.

Account data and Customer Data are kept for as long as the account exists, within the limits set by the Privacy Policy and the DPA (in particular, thirteen (13) rolling months for Microsoft 365 snapshots, the most recent one being kept, and their deletion ninety (90) days after the end of access); within these limits, they remain available if the Customer repurchases a Plan. The Customer may at any time request an export of its Recommendations and reports at contact@finozio.com.

11.4 Quote-based Plans

The duration, renewal and termination terms of Scale Up and Custom are set by the quote or the special terms.

11.5 Account deletion

The Customer may request deletion of its account at any time from its Customer Area. Access is cut off immediately, including during an Access Period, and the data is erased seven (7) days after the request, under the Terms of Use and the Privacy Policy; during those seven days, the Customer may ask support to restore the account. Deleting the account gives rise to no refund, subject to Articles 12.3 and 12.4.

Article 12 — Withdrawal, cancellation and refunds

12.1 No right of withdrawal

The Customer, acting for business purposes, does not benefit from the right of withdrawal that the French Consumer Code reserves for consumers. A confirmed Order cannot be cancelled by the Customer.

12.2 Principle: no refunds

Amounts paid are not refundable, with the sole exceptions provided for Audit Spring in Articles 12.3 and 12.4 and in Article 8.2 of the DPA (the Customer’s objection to a new sub-processor). In particular, apart from the latter case, neither Pilot nor the Add-ons give rise to any refund, whether full or pro rata, regardless of the date of the request, the use made of the Service, the Customer’s revocation of access to its Microsoft Environment, the deletion of the account or a move to another Plan.

This rule does not prevent the return of amounts collected for an Order that Finozio refuses or cancels (Articles 4 and 6.3), nor the application of mandatory statutory provisions.

12.3 Exception: Audit Spring with no completed Analysis

Audit Spring is refunded in full on request, subject to two cumulative conditions: the request reaches Finozio no later than the fourteenth (14th) day after the payment date, and no Analysis has been completed under that purchase. An Analysis is completed when it has produced its results in the Customer Area. An Analysis that fails does not count: it restores the entitlement to the Analysis (Article 5.2) and leaves the purchase refundable within that period. Once an Analysis has been completed, or after that fourteen-day period, Audit Spring is no longer refundable.

The request is sent by email to contact@finozio.com, from the account address or stating it, with the purchase reference (invoice or Stripe receipt number).

12.4 Audit Spring results guarantee

Audit Spring is refunded in full on request when, cumulatively: the Azure subscription analyzed represents spending of at least one hundred thousand euros (€100,000) per year; the completed Analysis identifies less than ten thousand euros (€10,000) of estimated savings per year; and the request reaches Finozio no later than the thirtieth (30th) day after the completed Analysis.

For the purposes of this guarantee: annual spending is the spending of the subscription analyzed over the thirty (30) days of costs collected by the Analysis, multiplied by twelve (12); savings are the total estimated annual savings shown in the Analysis report; the Analysis must have been run with the read access requested when the subscription was connected. The guarantee applies only once per subscription: it does not apply to a further Audit Spring purchase covering a subscription that has already benefited from it. It does not apply to an Audit Spring deducted from the Pilot price (Article 7.5).

The request is made in the manner set out in Article 12.3. This guarantee covers the Audit Spring price only: it is not a guarantee of any amount of savings achieved.

12.5 Refund method and effects

Finozio makes the refund within seven (7) days of receiving a valid request, through Stripe, to the means of payment used for the purchase; the time it takes to be credited to the Customer’s account then depends on its bank.

The refund withdraws, on its date, the access opened by the refunded purchase: the account reverts to the Free Plan, and neither the unused Analysis nor the debrief remains owed.

Article 13 — Liability

Finozio is bound by an obligation of means (best efforts). The warranties and their limits, in particular the absence of any guaranteed amount of savings (subject only to the Audit Spring results guarantee, Article 12.4) and the indicative nature of Recommendations and of Aurora’s answers, are described in Article 10 of the Terms of Use.

To the extent permitted by law, Finozio’s total liability under these Terms of Sale and the Terms of Use combined, for all causes, is limited to the amount excluding taxes actually paid by the Customer during the twelve (12) months preceding the event giving rise to liability. This cap is single: it is not cumulative with the cap in Article 11 of the Terms of Use.

Finozio is not liable for indirect damage, in particular loss of revenue, profit, data, opportunity or reputation. These limitations do not apply in the event of gross negligence or willful misconduct, personal injury, or where the law prohibits limiting liability.

Any action relating to an Order must be brought within one (1) year from the event giving rise to it.

Article 14 — Force majeure

Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code, including prolonged unavailability of Microsoft or Stripe services beyond Finozio’s control. Performance is suspended for the duration of the event. For Pilot, Finozio extends the Access Period by a duration equal to that of the suspension.

If the impediment lasts more than thirty (30) days, either party may terminate the Plan concerned by email, without compensation; Article 12.2 applies to the amounts already paid.

Article 15 — Personal data, confidentiality and intellectual property

Finozio processes the Customer’s billing data (name, billing address, email address, amounts, payment references) as controller, to perform the contract and comply with its accounting and tax obligations; this data is kept for at least ten (10) years. Payment data is processed by Stripe. This processing is described in the Privacy Policy.

The personal data that Finozio processes on the Customer’s behalf, read from its Microsoft Environment, is governed by the DPA. The Customer accepts the DPA together with these Terms of Sale, through the mandatory box provided for in Article 6.1.

Confidentiality, intellectual property and the right to use the Service are governed by the Terms of Use. The right of use lasts for the Access Period of the paid Plan; for Audit Spring, it covers viewing the results for as long as the account exists.

Article 16 — Changes to these Terms of Sale

Finozio may change these Terms of Sale. The version applicable to an Order is the one in force on its date: a change does not apply to Orders already paid. For a Quote-based Plan that renews, any substantial change is notified by email at least thirty (30) days before renewal; a Customer that refuses it may choose not to renew.

Article 17 — Governing law and disputes

These Terms of Sale are governed by French law. The parties first seek an amicable solution: the first party to act notifies the dispute in writing to the other, and the parties have thirty (30) days to try to resolve it; they may, by mutual agreement, use mediation.

Failing agreement, any dispute relating to the formation, interpretation or performance of an Order falls within the exclusive jurisdiction of the courts of Paris, notwithstanding multiple defendants or third-party claims, including for urgent and protective proceedings.

Article 18 — General provisions

• Entire agreement — The documents listed in Article 2.2 form the entire agreement of the parties on the Order and supersede any prior exchange.
• Partial invalidity — A provision held null or unenforceable is deemed unwritten, the others remaining in force; the parties replace it with a valid provision of equivalent effect.
• No waiver — Failure to invoke a breach does not constitute a waiver of the right to invoke it later.
• Assignment — The Customer may not assign an Order without Finozio’s written consent. Finozio may assign the contract to a company of its group or to the acquirer of its business, informing the Customer.
• Notices — Notices are given by email: to the account holder’s address for the Customer, to contact@finozio.com for Finozio.
• Language — These Terms of Sale are drafted in French. In case of discrepancy with a translation, the French version prevails.

Article 19 — Contact us

Orders, quotes, invoicing and refunds: contact@finozio.com. Technical support: support@finozio.com. Telephone: +33 7 67 50 33 39.

By post: FINOZIO SAS, 47 rue Vivienne, 75002 Paris, France.