Terms of Use
Article 1 — Preamble
These Terms of Use (hereinafter the "Terms") are published by FIDELIO APP, a simplified joint-stock company (SAS) with a share capital of 333 euros, registered with the Paris Trade and Companies Register (RCS) under number 983 417 924, with its registered office at 41 rue Aglophile Fradin, 86100 Châtellerault, France (hereinafter "FIDELIO").
FIDELIO publishes and operates the website accessible at https://www.fidelio.app (hereinafter the "Website") as well as a mobile application available on the Apple App Store and Google Play Store download platforms (hereinafter the "Application").
FIDELIO provides a community cashback service enabling its Users to benefit from partial refunds (cashback) on their purchases made from FIDELIO Partners, as well as additional services detailed in these Terms.
These Terms exclusively govern the use of the platform and the Services. The conditions applicable to purchases of gift cards and vouchers are governed by the Terms and Conditions of Sale — Gift Cards and Vouchers. The conditions applicable to the Fidelio Prime subscription are governed by the Fidelio Prime Terms and Conditions.
Article 2 — Definitions
In these Terms, the following capitalised terms shall have the meanings set out below:
- Application: the FIDELIO mobile application, available on iOS and Android.
- Wallet: the virtual balance linked to the User's Member Account, funded by Cashback Rewards and Affiliate Commissions.
- Cashback or Cashback Reward: a partial refund granted to the User on the amount of a purchase made from a FIDELIO Partner, in the form of a percentage or a fixed amount.
- Affiliate Commissions: payments credited to the User's Wallet when one of their Referrals or Second-Level Referrals makes a confirmed purchase from a FIDELIO Partner.
- Member Account: the personal, unique and free account created by the User upon registration on the Platform.
- Referral: any new User who registers using the referral link or code of another User.
- FIDELIO Partner: any brand, retailer or professional that has entered into an agreement with FIDELIO to offer cashback to its Users.
- Platform: refers collectively to the Website and the Application.
- Services: all the services offered by FIDELIO via the Platform, as described in Article 6.
- Second-Level Referral: a Referral of a Referral of a User (second level of referral).
- User or Member: any natural person who has created a Member Account on the Platform.
Article 3 — Purpose
The purpose of these Terms is to define the terms and conditions of use of the Services offered by FIDELIO on the Platform, as well as the rights and obligations of the parties in this context.
They apply to any User of the Platform, regardless of the means of access (Website, Application, or any other device).
Article 4 — Acceptance of the Terms
Registration on the Platform and use of the Services imply the full and unconditional acceptance of these Terms by the User.
By creating a Member Account, the User acknowledges having read these Terms and the Privacy Policy, and accepts them without reservation.
FIDELIO reserves the right to amend these Terms at any time, in accordance with Article 15. Users are encouraged to regularly consult the Terms in force.
Article 5 — Registration and Member Account
5.1 Registration requirements
Registration is open to any natural person of legal age (at least 18 years old) with full legal capacity.
Registration is free and requires the provision of accurate and truthful information, including:
- First name and surname;
- Valid email address;
- Mobile phone number.
The User undertakes to keep this information up to date throughout the entire period of use of the Services.
5.2 Account uniqueness
The Member Account is personal and unique. Each User may only hold one Member Account across the entire Platform (Website and Application combined).
The creation of multiple Member Accounts by the same User constitutes a breach of these Terms. FIDELIO reserves the right to suspend or delete all affected accounts, without notice or compensation, and to cancel the Cashback Rewards and Affiliate Commissions associated therewith.
5.3 Authentication
Access to the Member Account is secured by a one-time password (OTP) authentication system sent to the User's email address. The User is solely responsible for the security of their email access and, consequently, for access to their Member Account.
Any use of the Member Account made using the User's credentials shall be deemed to have been carried out by the User themselves.
5.4 Account closure
The User may request the closure of their Member Account at any time by sending a request to [email protected]. Closure will be effective within seven (7) business days following receipt of the request.
In the event of prolonged inactivity (no login for a period of twenty-four (24) consecutive months), FIDELIO reserves the right to close the User's Member Account, after notifying them by email at least thirty (30) days before the effective closure.
The closure of the Member Account, regardless of the cause, results in the definitive and irreversible loss of the Wallet balance if it is below the minimum withdrawal threshold set out in Article 9.
Article 6 — Description of Services
6.1 Cashback service
FIDELIO enables its Users to benefit from Cashback Rewards on any purchase made from FIDELIO Partners via the redirection links available on the Platform or the Application.
The cashback rate is variable and depends on each FIDELIO Partner. It is displayed on the relevant Partner's listing page at the time of purchase.
The Cashback Reward is only definitively earned and credited to the User's Wallet after confirmation of the purchase by the FIDELIO Partner and expiration of the applicable withdrawal periods. This validation period may vary depending on the Partner.
Important: For the cashback to be correctly attributed, the User must ensure that their browser cookies are enabled and that no ad blocker is active during their purchase journey via the Platform.
6.2 Gift cards and vouchers
The User has the option to use their Wallet or a payment method to purchase dematerialised gift cards and vouchers redeemable at certain FIDELIO Partners.
The purchase and use of gift cards are governed by the Terms and Conditions of Sale — Gift Cards and Vouchers, which constitute a separate contractual document from these Terms.
6.3 Fidelio Prime subscription
FIDELIO offers a premium subscription called "Fidelio Prime", providing exclusive benefits to its Members (enhanced cashback, exclusive offers, priority support, reduced withdrawal fees).
The conditions of subscription, renewal, cancellation and the benefits of Fidelio Prime are governed by the Fidelio Prime Terms and Conditions, which supplement these Terms.
Article 7 — Referral Programme
7.1 Principle
The User has the option to refer new Users (the "Referrals") and to receive Affiliate Commissions for any confirmed purchase made by a Referral or a Second-Level Referral from a FIDELIO Partner.
Each User may have an unlimited number of Referrals. However, the referral programme extends over a maximum of two levels. Accordingly, a User may benefit from Affiliate Commissions on the purchases of their direct Referrals (first level) and their Second-Level Referrals (second level), but not beyond.
7.2 Calculation of Affiliate Commissions
Affiliate Commissions are credited to the referring User's Wallet and are calculated as a percentage of the total cashback awarded to the Referral or Second-Level Referral:
- 15% of the total cashback awarded to the Referral (first level);
- 10% of the total cashback awarded to the Second-Level Referral (second level).
Example: If a Referral earns EUR 10.00 in cashback on a purchase, the referrer receives an Affiliate Commission of EUR 1.50 (15% x EUR 10.00). If a Second-Level Referral earns EUR 10.00 in cashback, the first-level referrer receives a commission of EUR 1.00 (10% x EUR 10.00).
7.3 Validity conditions
For the referral to be effective, the Referral must:
- Open a Member Account in accordance with these Terms;
- Validate their registration via the referral link or code provided by the referring User.
For confidentiality reasons, a User does not have access to any information relating to orders placed by their Referrals or Second-Level Referrals, with the exception of the amount of their commission.
7.4 Prohibitions
Self-referral is strictly prohibited. The creation of multiple Member Accounts for the purpose of earning Affiliate Commissions constitutes fraud and results in the immediate deletion of all affected accounts, without notice or compensation.
FIDELIO cannot be held liable in the event that a Referral registers via an incorrect referral link or via the referral link of a third party other than the User who intended to refer them.
7.5 Professional status and payment of Affiliate Commissions
Affiliate Commissions are credited to the referring User's Wallet and may be used directly on the Platform for the purchase of gift cards and products or services offered by FIDELIO Partners.
However, the payment of Affiliate Commissions by bank transfer is exclusively reserved for Users who hold a professional status (self-employed, sole trader, company) duly registered and evidenced by a valid SIRET number. No Affiliate Commission shall be paid by bank transfer to an individual who does not hold such a status.
The User wishing to receive their Affiliate Commissions by bank transfer undertakes to:
- Hold a valid SIRET number and be capable of issuing invoices;
- Provide FIDELIO with their SIRET number upon their first commission payment request;
- Declare the income received in respect of Affiliate Commissions in accordance with the applicable tax and social security regulations.
Important: Users who do not hold a professional status retain the ability to use their Wallet (including Affiliate Commissions) directly on the Platform for the purchase of gift cards and products or services, without restriction.
Article 8 — Partner Recommendation
The User has the option to recommend new partners (retailers, merchants, professionals) to FIDELIO.
In the event that the recommended person becomes a FIDELIO Partner by registering with FIDELIO, the User will receive a bonus of fifty euros (EUR 50) credited to their Wallet (the "Recommendation Bonus").
The Recommendation Bonus may only be credited to the User's Wallet once the registration fees have been paid by the new FIDELIO Partner and effectively received by FIDELIO.
A User may recommend as many new partners as they wish. The User understands that recommending a partner is limited to introducing the professional to FIDELIO without any active steps or negotiations on the part of the User.
Article 9 — Wallet, Withdrawals and Invoicing
9.1 Funding the Wallet
The Wallet is funded by:
- Validated Cashback Rewards;
- Validated Affiliate Commissions;
- Recommendation Bonuses;
- Any other reward granted by FIDELIO.
9.2 Minimum withdrawal threshold
Once the Member Account balance reaches a minimum of twenty euros (EUR 20) in validated Cashback Rewards, a transfer of the Wallet to a bank account linked to the Member Account may be requested.
9.3 Payment terms
Payments shall only be made in euros and within a period of thirty (30) business days from the date of the request. This period may be extended in the event that supporting documents are requested.
FIDELIO shall not be held liable for any delays or payment failures attributable to the User or to third parties, including banking institutions.
Under no circumstances may the Wallet payment be:
- Made in cash or by cheque;
- Transferred from one Member Account to another Member Account;
- Made to a third party's bank account.
9.4 Banking conditions
Payment by bank transfer requires that the User holds a payment account domiciled in a SEPA zone country, opened in their name.
If the User's bank details are not up to date at the time of the payment request, the transfer cannot be executed or will be rejected by the banking institution, which may incur charges that will remain at the User's expense.
In the event of incorrect bank details provided by a User, FIDELIO shall not be held liable for a rejected transfer or a transfer to a third party's account.
9.5 Conditions for payment of Affiliate Commissions
In accordance with Article 7.5, payment by bank transfer of Affiliate Commissions is reserved for Users who hold a professional status (self-employed, sole trader, company) evidenced by a valid SIRET number.
Users who do not hold a professional status may use their Wallet (including Affiliate Commissions) directly on the Platform for the purchase of gift cards and products or services from FIDELIO Partners, without any amount restriction.
9.6 Reporting threshold — Declarative obligation
When the cumulative amounts used or paid to a User during a calendar year exceed one hundred and fifty euros (EUR 150), FIDELIO may request the User to provide proof of status (SIRET number or any document attesting to their capacity to receive income of this nature), in order to comply with its legal reporting obligations.
If the requested supporting documents are not provided within thirty (30) days, FIDELIO reserves the right to suspend payments and the use of the Wallet until regularisation.
9.7 Automatic invoicing
The User acknowledges and expressly accepts that all payments made by FIDELIO in respect of Cashback Rewards and Affiliate Commissions give rise to the automatic issuance of an invoice in the name of the User (or their professional entity) addressed to FIDELIO.
These invoices are automatically generated by the Platform and made available in the User's personal area. The User does not need to take any action for their issuance.
By creating their Member Account and accepting these Terms, the User grants FIDELIO a mandate to issue these invoices in their name and on their behalf, in accordance with the provisions of article 289, I, 2 of the French General Tax Code (Code général des impôts) relating to self-billing.
The User undertakes not to contest the automatically issued invoices provided they accurately reflect the amounts paid. In the event of an error, the User may request a correction by contacting customer service at [email protected].
Article 10 — User Obligations
The User undertakes to:
- Use the Platform in accordance with the laws and regulations in force;
- Not use the Platform in an abusive, fraudulent, defamatory, obscene, offensive, threatening or illegal manner;
- Not attempt to modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, broadcast or transfer any element of the Platform and its content;
- Not interfere with the normal operation of the Platform or attempt to gain unauthorised access to any system, network or data;
- Provide accurate and truthful information upon registration and keep it up to date.
In the event of manifest abuse by the User in the use of the Platform, FIDELIO reserves the right to block their Member Account or their IP address. In this regard, the User accepts that their IP address may be used to identify them for the purpose of enforcing these Terms.
Article 11 — Service Availability
The use of the Services requires a computer or mobile device and internet access. Any related costs are borne solely by the User.
The Services are provided free of charge to Users (subject to subscription to paid services such as Fidelio Prime or the purchase of gift cards). As such, FIDELIO is only bound by a best-efforts obligation regarding the provision of the Services and shall not be held liable for any unavailability, interruption or temporary suspension of the Services.
FIDELIO does not guarantee the proper functioning of the Services if the User uses programmes or extensions such as firewalls, proxies, VPNs, ad blockers, or more generally any system that blocks, limits or alters access to the Services.
FIDELIO reserves the right to modify, suspend and/or terminate the Services, in whole or in part, at any time, provided that Users are informed in advance within a reasonable period. Users will have the opportunity to recover their Wallet balance before such suspension or termination.
FIDELIO shall not be held liable for the consequences of any modification, suspension and/or termination of the Services by FIDELIO Partners or any other third party.
Article 12 — Intellectual Property
FIDELIO is the sole holder of all intellectual property rights reproduced on the Platform, including but not limited to copyrights, images, logos, trademarks, graphic and textual elements.
Any partial or total reproduction, representation, modification, publication, total or partial transmission of this content is prohibited without the prior written authorisation of FIDELIO.
Failure to comply with this prohibition constitutes infringement likely to engage the civil and criminal liability of the infringer, in accordance with articles L.335-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
Article 13 — Personal Data
Users' personal data is collected and processed by FIDELIO, as data controller, in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (GDPR) and French law No. 78-17 of 6 January 1978, as amended, known as the "Informatique et Libertés" law.
All information relating to the processing of personal data is detailed in the Privacy Policy, which constitutes a supplementary contractual document to these Terms.
The User has the right of access, modification, rectification, erasure, portability, objection and restriction of the processing of their data, which they may exercise by sending a request accompanied by proof of identity to: [email protected].
Article 14 — Liability
FIDELIO cannot be held liable for any activity carried out by the User on websites published or managed by persons other than FIDELIO to which the Platform may redirect, as FIDELIO has no control over said websites and their management.
FIDELIO cannot be held liable for the content, products and services, or any data or information available on or from external websites or sources.
FIDELIO's liability shall not be incurred by the non-conformity of products sold by Partners or any other problem of this nature (delivery times, warranties, after-sales service). FIDELIO is not a party to the sale or service contract formed between the User and the FIDELIO Partner.
FIDELIO does not sell any product or service and does not act as a commercial agent. FIDELIO Partners remain solely responsible for the offers and information they disseminate.
FIDELIO disclaims any liability for direct, indirect, incidental, consequential or special damages arising from access to or use of the Services, including but not limited to damages for loss of data, use or other intangible losses, to the extent permitted by applicable law.
Article 15 — Amendment of the Terms of Use
FIDELIO reserves the right to amend these Terms at any time and at its sole discretion.
Any substantial amendment will be notified to Users by email or by notification within the Application at least thirty (30) days before its effective date.
Continued use of the Services after the effective date of the amendments constitutes acceptance of the new Terms by the User. If the User refuses the amendments, they may terminate their Member Account in accordance with Article 5.4.
Article 16 — Complaints
Any complaint or support request relating to FIDELIO Services may be submitted to customer service at the following address: [email protected]. The email must be accompanied by a detailed description of the complaint or support request.
FIDELIO will make every effort to process the request as quickly as possible.
The User is informed that FIDELIO will only be able to provide a definitive resolution to any complaint concerning a Cashback Reward or an Affiliate Commission once it has received a response from the FIDELIO Partner concerned by the corresponding purchase.
In accordance with the provisions of the French Consumer Code (Code de la consommation), in the event of a dispute not resolved by customer service, the User may use the consumer mediation service free of charge. The competent mediator is:
CNPM — MÉDIATION DE LA CONSOMMATION
27 avenue de la Libération — 42400 Saint-Chamond
https://www.cnpm-mediation-consommation.eu
The User may also file their complaint on the European Commission's online dispute resolution platform accessible at: https://ec.europa.eu/consumers/odr.
Article 17 — Severability
If any part of these Terms were to be found null or unenforceable, the provisions in question shall be deemed unwritten, without calling into question the validity of the other provisions which shall continue to apply between the parties.
Article 18 — Waiver
The failure by FIDELIO, whether temporarily or permanently, to exercise any one or more clauses of these Terms shall in no way constitute a waiver of the right to exercise the remainder of these Terms.
Article 19 — Governing Law and Jurisdiction
These Terms are governed by French law.
In the event of any dispute, claim or action relating to, or arising from, the interpretation, performance or termination of these Terms and/or the use of the Services, the parties shall endeavour to resolve their dispute amicably.
Failing amicable resolution within thirty (30) days, any dispute shall be submitted to the competent courts under the conditions of ordinary law, whereby the consumer may bring proceedings before either the court of their place of residence or the court of FIDELIO's registered office, in accordance with articles R.631-3 et seq. of the French Consumer Code (Code de la consommation).
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