Fidelio Prime Terms and Conditions
Article 1 — Preamble
These Fidelio Prime Terms and Conditions (hereinafter the "Prime Conditions") are appended to and form an integral part of the Terms of Use (hereinafter the "Terms") of FIDELIO.
They govern the conditions of subscription, use and cancellation of the Fidelio Prime subscription, a paid service offered 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").
In the event of a conflict between these Prime Conditions and the Terms, the provisions of these Prime Conditions shall prevail for all matters relating to the Fidelio Prime subscription.
Subscribing to Fidelio Prime implies the full and unconditional acceptance of these Prime Conditions and the Terms.
Article 2 — Definitions
In addition to the definitions set out in the Terms, the following terms shall have the meanings set out below:
- Subscriber: any User who has subscribed to the Fidelio Prime subscription.
- Subscription or Fidelio Prime: the premium subscription service offered by FIDELIO, providing access to the Benefits described in Article 3.
- Benefits: all the exclusive benefits and features available to the Subscriber under Fidelio Prime.
- Billing Period: the recurring period (monthly or annual) at the end of which the Subscriber is billed for the renewal of their Subscription.
Article 3 — Description of the Fidelio Prime Service
3.1 Nature of the Service
Fidelio Prime is a digital premium subscription service offered by FIDELIO. The Benefits associated with the Subscription are provided and accessible immediately upon payment validation: the Subscriber instantly gains access to enhanced cashback rates, exclusive promo codes, priority support, and other Benefits described below.
3.2 Benefits included
The Fidelio Prime Subscription provides access to the following benefits:
- Enhanced cashback: increased cashback rates on purchases made from FIDELIO Partners, reaching up to 20% depending on the Partners and offers in effect;
- Exclusive offers: access to promotions and offers reserved for Fidelio Prime Subscribers;
- Priority support: priority processing of support requests submitted to customer service;
- Reduced withdrawal fees: reduction or elimination of fees applied to Wallet transfers to the Subscriber's bank account.
The complete and up-to-date list of Benefits is available on the Fidelio Prime presentation page on the Platform. FIDELIO reserves the right to modify the Benefits in accordance with Article 9 of these Conditions.
3.3 Limitations
The Fidelio Prime Benefits are:
- Personal and non-transferable;
- Limited to the Subscriber's Member Account;
- Dependent on the availability of FIDELIO Partner offers;
- Subject to the specific conditions of each Partner.
The Benefits do not apply to Affiliate Commissions or Recommendation Bonuses, unless otherwise stated on the Platform.
Article 4 — Subscription Requirements
To subscribe to Fidelio Prime, the User must:
- Hold an active Member Account in compliance with the Terms;
- Be a natural person of legal age (at least 18 years old) with full legal capacity;
- Have a valid payment method accepted by the Platform;
- Have read and accepted these Prime Conditions.
A single User may only hold one Fidelio Prime Subscription at any given time.
Article 5 — Pricing and Payment Terms
5.1 Pricing
The Fidelio Prime Subscription is offered according to the following pricing plans:
| Plan | Price (incl. VAT) | Billing Period |
|---|---|---|
| Monthly | EUR 9.99 / month | 30 days |
| Annual | EUR 99.99 / year | 365 days |
Prices shown are in euros, inclusive of all taxes (TTC). They include VAT at the rate in effect on the date of billing.
FIDELIO reserves the right to modify its pricing under the conditions set out in Article 9.
5.2 Payment methods
Payment for the Subscription is made by bank card via the secure payment provider MangoPay S.A., an electronic money institution authorised by the Commission de Surveillance du Secteur Financier (CSSF) in Luxembourg.
The Subscriber authorises FIDELIO to automatically debit their bank card for the Subscription amount at each Billing Period.
Where applicable, strong customer authentication (3D Secure) may be required in accordance with PSD2 (Payment Services Directive) regulations.
5.3 Pre-contractual summary
In accordance with articles L.221-5 and L.221-11 of the French Consumer Code (Code de la consommation), an order summary detailing the service, price, commitment period and renewal conditions is presented to the Subscriber before the final validation of their subscription.
Article 6 — Automatic Renewal
The Fidelio Prime Subscription is automatically renewed at the end of each Billing Period, for an identical duration, unless cancelled by the Subscriber in accordance with Article 10.
In accordance with article L.215-1 of the French Consumer Code (known as the "loi Chatel"), FIDELIO will inform the Subscriber by email, at the earliest three (3) months and at the latest one (1) month before the end of each Billing Period, of the possibility of not renewing their Subscription.
In the event of failure to comply with this notification obligation, the Subscriber may cancel their Subscription free of charge at any time from the renewal date, including in advance where applicable. Sums paid in advance for the period following cancellation will then be refunded within thirty (30) days.
In the event of a payment failure at renewal (expired card, insufficient funds), FIDELIO may make further debit attempts. If the payment definitively fails, the Subscription will be suspended and then terminated.
Article 7 — Right of Withdrawal and Non-Refund Policy
7.1 Digital service with immediate performance
Fidelio Prime is a digital service within the meaning of Article L.221-1 of the French Consumer Code. The Benefits associated with the Subscription (enhanced cashback, exclusive promo codes, priority support, reduced fees, etc.) are provided and accessible immediately upon payment validation.
By subscribing to Fidelio Prime, the Subscriber acknowledges and expressly agrees that:
- Performance of the service begins immediately upon payment confirmation;
- They instantly benefit from all Advantages attached to their Subscription;
- The digital content provided is not recorded on a tangible medium.
7.2 Waiver of the right of withdrawal
In accordance with Article L.221-28, 13° of the French Consumer Code, the Subscriber who immediately benefits from the service expressly waives their right of withdrawal of fourteen (14) days from the date of subscription.
By validating their payment, the Subscriber checks the acceptance box for these Conditions and acknowledges having been informed that this acceptance results in the loss of their right of withdrawal once performance of the service has begun.
7.3 Non-refund policy
The Fidelio Prime Subscription is non-refundable. No refund, whether full or partial, will be granted for the current period, regardless of whether the Subscriber uses the Benefits made available to them.
The Subscriber nevertheless retains the ability to cancel their Subscription at any time, in accordance with Article 10 of these Conditions. Cancellation takes effect at the end of the current Billing Period, and the Subscriber continues to enjoy the Benefits until that date.
Article 8 — Free Trial and Promotional Offers
8.1 Free trial
FIDELIO may offer free trial periods of Fidelio Prime. The following conditions apply:
- One free trial per User only;
- A valid payment method is required upon activation;
- At the end of the trial period, the Subscription will be automatically converted into a paid subscription at the current rate, unless the Subscriber cancels before the end of the trial period;
- The Subscriber will be informed of the trial expiration date and the applicable rate by email at least forty-eight (48) hours before the first billing.
8.2 Promotional offers
FIDELIO may offer one-off promotional offers (reduced rates, free months, etc.). These offers are:
- Subject to specific conditions communicated at the time of the offer;
- Not combinable with each other, unless otherwise stated;
- Limited in time and in the number of beneficiaries;
- Valid only for new Subscribers, unless otherwise stated.
Upon expiration of the promotional period, the Subscription will be billed at the standard rate in effect.
Article 9 — Service and Pricing Changes
9.1 Changes to Benefits
FIDELIO reserves the right to modify, add or remove Fidelio Prime Benefits at any time.
In the event of a substantial change significantly reducing the Benefits, FIDELIO will notify the Subscriber by email at least thirty (30) days before the effective date. The Subscriber may then cancel their Subscription in accordance with Article 10, without fees or penalties.
9.2 Pricing changes
Any price increase will be notified to the Subscriber by email at least thirty (30) days before the effective date. The pricing change will take effect at the beginning of the Billing Period following the expiration of this notice period.
If the Subscriber does not accept the pricing change, they may cancel their Subscription in accordance with Article 10 before the new rate takes effect. Continued use of the service after the new rate takes effect constitutes acceptance.
Article 10 — Cancellation by the Subscriber
10.1 Cancellation procedure
The Subscriber may cancel their Fidelio Prime Subscription at any time, without reason or penalty:
- From the Application, via the "My subscription" section in the profile settings;
- By sending an email to support@fidelio.app.
In accordance with article L.215-1-1 of the French Consumer Code (Code de la consommation), FIDELIO provides the Subscriber with the ability to cancel their Subscription online, in a simple and direct manner.
10.2 Effects of cancellation
Cancellation takes effect at the end of the current Billing Period. The Subscriber retains access to the Fidelio Prime Benefits until that date.
No pro-rata refund will be made for the current period, except in the cases provided for in Article 6 (unnotified renewal).
10.3 Cancellation deadline
The cancellation request must be made at least twenty-four (24) hours before the next renewal to be taken into account before the following billing cycle.
Article 11 — Termination by FIDELIO
FIDELIO reserves the right to terminate the Fidelio Prime Subscription of a Subscriber, as of right and without compensation, in the following cases:
- Breach of these Prime Conditions or the Terms;
- Fraudulent use of the Service or abusive behaviour;
- Non-payment following definitive failure of collection attempts;
- Closure of the Subscriber's Member Account;
- Permanent discontinuation of the Fidelio Prime service.
Except in cases of fraud, abusive behaviour or security-related urgency, FIDELIO will notify the Subscriber by email within a reasonable period before the effective termination.
In the event of permanent discontinuation of the Fidelio Prime service, FIDELIO will refund the Subscriber on a pro-rata basis for sums paid in advance for the period following the discontinuation.
Article 12 — Consequences of Termination
From the effective date of termination, the Subscriber:
- Loses access to all Fidelio Prime Benefits;
- Returns to the conditions of the Platform's free service;
- Retains their Member Account and their Wallet balance (previously earned Cashback Rewards are retained).
Cashback earned at the enhanced Fidelio Prime rate before cancellation remains earned. Purchases made after cancellation will be credited at the standard rate applicable to non-subscriber Users.
Article 13 — Promotional Codes
FIDELIO may issue promotional codes allowing discounts on the Subscription price (percentage discount, free months, or a combination of both).
Promotional codes are:
- For single use, unless otherwise stated;
- Valid for a limited period communicated with the code;
- Not combinable with each other, unless otherwise stated;
- Reserved for new Subscribers, unless otherwise stated;
- Of no monetary value and cannot be exchanged for cash.
FIDELIO reserves the right to invalidate any promotional code in the event of fraudulent use or non-compliance with the offer conditions.
Article 14 — Limitation of Liability
FIDELIO endeavours to provide a quality service to its Subscribers. However:
- FIDELIO does not guarantee the permanent and uninterrupted availability of the Fidelio Prime service or its associated Benefits;
- Enhanced cashback rates depend on the agreements concluded with FIDELIO Partners and may vary without this constituting a breach by FIDELIO;
- FIDELIO is not responsible for the acts or omissions of FIDELIO Partners (product quality, delivery times, after-sales service);
- FIDELIO's liability under the Fidelio Prime Subscription is limited, to the extent permitted by law, to the total amount of sums paid by the Subscriber over the last twelve (12) months.
The limitations above do not apply in cases of fraud, gross negligence or personal injury, in accordance with applicable law.
Article 15 — Personal Data
The processing of personal data in connection with Fidelio Prime is subject to FIDELIO's Privacy Policy.
In addition, the following data may be collected specifically for the management of the Subscription:
- Payment data (bank card) processed by MangoPay S.A.;
- Subscription, billing and cancellation history;
- Prime Benefits usage data (for statistical and service improvement purposes).
Article 16 — Mediation and Dispute Resolution
In the event of a dispute relating to the Fidelio Prime Subscription, the Subscriber is invited to first contact FIDELIO's customer service at support@fidelio.app.
Failing amicable resolution within thirty (30) days, the Subscriber may use the consumer mediation service free of charge:
CNPM — MÉDIATION DE LA CONSOMMATION
27 avenue de la Libération — 42400 Saint-Chamond
https://www.cnpm-mediation-consommation.eu
The Subscriber may also use the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr.
Article 17 — Amendment of the Conditions
FIDELIO reserves the right to amend these Prime Conditions.
Any substantial amendment will be communicated to the Subscriber by email and/or by notification within the Application at least thirty (30) days before it takes effect.
The amendments will take effect at the beginning of the following Billing Period. Continued use of Fidelio Prime after that date constitutes acceptance of the amended Conditions. If the Subscriber does not accept the amendments, they may cancel in accordance with Article 10.
Article 18 — Governing Law
These Prime Conditions are governed by French law.
In the event of a dispute not resolved by mediation, 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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