Terms of Sale

Article 1. Purpose and scope

1.1. These terms of sale (hereinafter the "Terms of Sale") govern the allocation, sale and use of Credits for the Qyrion service, whether free, complimentary or paid. They supplement the terms of use (hereinafter the "Terms of Use"), whose definitions apply herein.

1.2. The seller is Justin Briard, sole proprietor (entrepreneur individuel, EI), trading under the name Apsidia and the brand Qyrion, registered under SIREN number 518 723 226, whose registered office is located at 16 rue du Dessous des Berges, 75013 Paris, France (hereinafter "Qyrion"). Contact: support@qyrion.fr.

1.3. The Terms of Sale are intended exclusively for professionals. The provisions of the French Consumer Code, in particular those relating to the right of withdrawal, do not apply.

1.4. The Terms of Sale prevail over any general purchasing conditions of the Customer, unless Qyrion expressly agrees otherwise in writing.

Article 2. Nature of Credits

2.1. Credits are an internal unit of consumption of the Service. They are not currency, a means of payment or a claim against Qyrion, and have no value outside the Service.

2.2. Credits are attached to the Customer's account. They may not be assigned or transferred to another Customer and cannot be converted into money, subject only to article 8.2.

2.3. The Administrator allocates Credits among the Users of the Organisation, as a shared balance or as individual allowances, and may block their use.

Article 3. Consumption of Credits

3.1. Each application in the Catalogue has an hourly cost, expressed in Credits per hour and shown to the User before the Sandbox is created. For example, an application costing one (1) Credit per hour, deployed for four (4) hours, consumes four (4) Credits.

3.2. The cost of the chosen period is debited when the Sandbox is created. The cost of an extension is debited when it is requested. If the balance is insufficient, the creation or extension is refused.

3.3. The history of Credit transactions can be viewed in the Service.

Article 4. Free Credits and complimentary Credits

4.1. During the beta phase, each Customer receives a free allowance of ten (10) Credits on the first day of each month. This allowance does not accumulate: if the Customer's balance is below ten (10) Credits, it is topped up to that amount; if it is higher, it remains unchanged. Qyrion may change or withdraw this allowance under the conditions of article 9.

4.2. Qyrion may, at its sole discretion, grant additional Credits free of charge, in particular as a goodwill gesture following an incident. The Customer has no right to obtain such Credits.

4.3. Free and complimentary Credits have no monetary value. They are not refundable and may be withdrawn by Qyrion at any time.

Article 5. Paid Credits

5.1. During the beta phase, Credits are not sold online. Qyrion may nevertheless sell Credits on the basis of a quote. The order becomes firm and final on the date the Customer accepts the quote.

5.2. Prices are expressed in euros. VAT not applicable, article 293 B of the French General Tax Code.

5.3. Paid Credits are added to the Customer's account upon receipt of payment. They remain valid for twelve (12) months from that date. At the end of that period, any unused Credits are forfeited without refund.

Article 6. Invoicing and payment

6.1. Each order gives rise to an invoice, payable by bank transfer within thirty (30) days of its issue date, unless otherwise stated in the quote.

6.2. Any late payment automatically gives rise to penalties at a rate equal to three (3) times the French statutory interest rate, together with a fixed indemnity of forty (40) euros for recovery costs, in accordance with articles L441-10 and D441-5 of the French Commercial Code. Qyrion may also suspend access to the Service until payment is made in full.

Article 7. Return of Credits

7.1. Where a Sandbox is destroyed before the end of its period, at the request of the User or of an Administrator or because of inactivity, the Credits corresponding to the unused time are returned to the Customer pro rata temporis. The amount returned is rounded up to the next half Credit.

7.2. By way of example, a Sandbox costing one (1) Credit per hour, created for eight (8) hours and destroyed after five (5) hours and forty (40) minutes, leaves two (2) hours and twenty (20) minutes unused, i.e. 2.33 Credits. The Customer receives 2.5 Credits.

7.3. No Credits are returned where the Sandbox is destroyed because of a breach of the Terms of Use or the Terms of Sale.

Article 8. No cash refund

8.1. Credits, whatever their origin, are never refunded in cash. If the Service malfunctions, Qyrion may, at its sole discretion, grant complimentary Credits under article 4.2. Any compensation owed as a result of Qyrion's liability is paid in Credits, within the limit set in article 12.3 of the Terms of Use.

8.2. By way of exception, if Qyrion ends the Service or the beta phase without offering continuity of service, paid Credits that are still valid and unused on the date of cessation are refunded in euros, pro rata to the price paid. This refund is not due to a Customer whose account has been terminated for abuse. Free and complimentary Credits are not refundable.

Article 9. Changes to prices and terms

9.1. Qyrion may change the price of Credits, the hourly cost of applications or the amount of the monthly allowance, provided that it informs Customers by email at least thirty (30) days before the change takes effect.

9.2. Credits already acquired keep their value. The change does not affect the number of Credits held by the Customer. Any Sandbox created or extended after the change takes effect is charged at the new hourly cost.

9.3. The Terms of Sale may be amended under the conditions set out in article 17 of the Terms of Use.

Article 10. Suspension for breach

In the event of a breach of the Terms of Use or the Terms of Sale, Qyrion may suspend or terminate the Customer's account under the conditions of article 10 of the Terms of Use. In the event of proven abuse, all of the Customer's Credits, including paid Credits, are forfeited without refund or compensation.

Article 11. Liability

Qyrion's liability is governed by article 12 of the Terms of Use. Purchasing paid Credits does not entail any service level commitment or any backup obligation on Qyrion's part.

Article 12. Governing law and jurisdiction

12.1. The Terms of Sale are governed by French law.

12.2. They are drafted in French and translated into English. In the event of any discrepancy, only the French version is authoritative.

12.3. Any dispute is subject to the amicable settlement procedure and the jurisdiction clause set out in article 18.3 of the Terms of Use, in favour of the courts of Paris.