Terms of sale

These terms of sale (the "Terms of Sale") govern the subscription to the paid plans of graine qui pousse (the "Service"), available at app.grainequipousse.fr, and the purchase of credits. They supplement the terms of use (the "Terms of Use"), which govern the use of the Service; should they conflict on a financial matter, these Terms of Sale prevail. The French version of these Terms of Sale is the authoritative one.

1. Seller

The Service is sold by BRIXEL, a French simplified joint-stock company with a single shareholder (SASU) with a share capital of €1,000, registered with the Antibes Trade and Companies Register under number 940 320 641, whose registered office is at Les Romarins Bât. 13, 67 boulevard du Val Claret, 06600 Antibes, France — EU VAT number FR78940320641. "graine qui pousse" is a trade name of BRIXEL. Contact: justin@brixel.ai.

2. Scope and acceptance

• The Service is intended for professionals (companies, freelancers, associations) acting for the purposes of their business.
• These Terms of Sale are available before any subscription, from the app and from the payment page. You accept them by ticking the box provided before you pay; they apply to the exclusion of any other terms.
• The applicable version is the one in force on the day of the subscription or purchase; changes follow section 12.

3. Plans

The Service comes in three plans, for one user. Their detailed content is shown in the app (Settings → Plan and credits) before any subscription; as of the date of these Terms of Sale:

Free is a trial plan, with no commitment and no payment method. Any plan can be taken monthly or yearly; a yearly subscription costs the same as ten months of the monthly one.

4. Usage limits

• Daily limits (video, images, voice) reset every day at midnight, Paris time; Free's limits reset on the first day of each month. The app's counters always show what you have left.
• Past a limit, a render is made only with your express consent and paid with credits (section 5); without it, the render is refused and nothing is charged. Free cannot go past its limits.
• Regardless of the plans, technical rate limits protect the Service (for example a number of renders per hour); they are shown when they apply.
• The imported files cap covers the files you bring (photos, videos, sounds, brand assets); past it, a new import is refused until you free up space or change plans.
• Generated files (rendered videos and images) are kept at least for the period of your plan, from their creation, and never deleted before their scheduled publication date; after that, BRIXEL may delete them. A post whose file was deleted can be rendered again, that render counting against your limits. Posts already published on your networks are not affected.

5. Credits

• Credits are bought in packs, with a paid plan: €0.30 excl. VAT per credit, with a 15% discount from €50 excl. VAT and 30% from €100 excl. VAT, from 10 to 10,000 credits per purchase. The price is shown before payment.
• Credits pay for: renders past your plan's limits (1 credit per started minute of video, 1 credit per started batch of 10 images of one request, 1 credit per generated voice take); posts made by graine itself rather than by your assistant, at the rates shown before each run; voice cloning on the Starter plan.
• No credit is spent without an action of yours: the app or your assistant shows the price and asks for your consent before any spending.
• Purchased credits do not expire as long as your account exists. They are neither refundable, nor convertible into money, nor transferable. Credits granted for free by BRIXEL may carry an expiry date, stated when they are granted.
• When a paid plan ends, your credits stay on your account; they can be used again with a new paid plan. Deleting the account deletes them.

6. Prices, VAT and invoicing

• Prices are in euros excluding VAT. VAT is calculated at payment according to your situation: French VAT for a customer established in France; reverse charge for a business established in another EU Member State that provides a valid EU VAT number; VAT under the applicable rules in other cases.
• Each payment gives rise to an electronic invoice issued in the name of BRIXEL, numbered in a series specific to the Service, sent by email and available at any time in the billing portal.
• Payments are processed by Stripe (Stripe Payments Europe, Limited). BRIXEL never has access to your card details.

7. Subscription, payment and renewal

• You subscribe from the app, on Stripe's secure payment page, by card or by any other method offered there.
• The subscription is paid in advance, at the start of each period (month or year), and renews automatically for a period of the same length until cancelled. The saved payment method is charged at each renewal.
• The plan is active as soon as the payment is confirmed.
• A promotion code, entered in the app before payment, may offer a discount and a free period; its terms (amount, duration, plans concerned) are shown on the payment page. During the free period, the payment method is saved and the subscription is charged when it ends, unless cancelled before that date.

8. Changing plans

• You change plan or billing rhythm in the billing portal (Settings → Plan and credits → Manage my subscription).
• Moving to a more expensive plan or rhythm (from Starter to Pro, from monthly to yearly) takes effect immediately: the difference for the current period is prorated and invoiced at once.
• Moving to a cheaper plan or from yearly to monthly takes effect at the end of the current period, without refund.
• After a downgrade, nothing is deleted: brands and files beyond the new plan's limits remain accessible, but you cannot add more while you are over them; existing series continue.

9. Cancellation

• You can cancel your subscription at any time, from the billing portal. Cancellation takes effect at the end of the current period: you keep your plan until then, then your account moves to the Free plan. While the period runs, you can undo the cancellation from the portal.
• The current period is not refunded, except where the right of withdrawal of section 11 is exercised.
• Moving to Free does not delete your data; deletion follows section 11 of the Terms of Use.

10. Failed payments

• If a payment fails, new attempts are made automatically and you are informed by email and in the app, which invites you to update your payment method. Your plan is kept during these attempts.
• If the payment still fails after them, the subscription is cancelled and your account moves to the Free plan.
• In accordance with article L441-10 of the French Commercial Code, any amount unpaid when due bears late-payment penalties at three times the French legal interest rate, plus a fixed €40 recovery fee. No discount is granted for early payment.

11. Right of withdrawal

As the Service is intended for professionals, the right of withdrawal of the French Consumer Code does not apply. By exception, if you are a professional employing at most five people and the subscription falls outside the scope of your main business (article L221-3 of the French Consumer Code), you have 14 days from the subscription or purchase to withdraw, by writing to justin@brixel.ai. As the Service is provided from the subscription, at your request, the amount corresponding to the service provided until the withdrawal remains due (article L221-25); the rest is refunded within 14 days.

12. Changes to prices and plans

• BRIXEL may change its prices and the content of its plans. Any price increase or substantial reduction of a paid plan is announced at least 30 days in advance, by email or in the app, and applies only from the next period; you can cancel before then.
• The Free plan and plans granted for free by BRIXEL may be changed or ended with reasonable notice.

13. Liability

Section 13 of the Terms of Use applies. BRIXEL's total liability, for all causes combined, is limited to the amounts you actually paid it in the twelve months preceding the event giving rise to liability, except in the case of gross negligence, wilful misconduct or bodily injury.

14. Governing law and disputes

These Terms of Sale are governed by French law. Section 15 of the Terms of Use on the settlement of disputes and the competent courts applies.

15. Contact

For any question about your subscription, your credits or your invoices: justin@brixel.ai — BRIXEL, Les Romarins Bât. 13, 67 boulevard du Val Claret, 06600 Antibes, France.