Terms of Sale
Last updated: Oct 13, 2026
Article 1: Purpose
These General Terms of Sale (hereinafter "Terms of Sale") govern all contractual relations between Flopix, the trade name of the sole proprietorship operated by Vincent PIERNOT, whose place of business is located at 3 rue Amiral Guépratte, 57070 Metz, registered with the Metz Trade and Companies Register under number 928 185 420 (hereinafter "Flopix"), and any natural or legal person (hereinafter the "Customer") subscribing to a plan allowing the creation, hosting and management of a website through the creation form available on the Flopix Platform.
Any subscription to a Flopix plan entails full and complete acceptance of these Terms of Sale, as well as the legal notice of the Platform.
Article 2: Description of the service
Flopix offers a service allowing the creation of a professional or personal web page through a guided form, then hosting and making that site accessible online via a personalized URL and a QR code, for the entire validity period of the subscribed plan.
Article 3: Purchase and subscription conditions
Subscribing to a Flopix plan requires creating a user account, entering accurate and up to date information, and providing a valid payment method. Any subscription constitutes firm and final acceptance of these Terms of Sale and of the price in effect at the time of the order.
Flopix reserves the right to refuse or cancel any subscription in the event of suspected fraud, non payment, or breach of these Terms of Sale.
Article 4: Prices and payment terms
The applicable prices are those displayed on the Platform at the time of subscription (monthly or annual plan). Payment is made online, securely, through our payment provider Stripe. The subscription renews automatically at each term (monthly or annual), unless cancelled beforehand by the Customer from their account area.
Free trial. A Client's first subscription may begin with a free trial period whose length is shown on the payment page at sign-up. The payment method is saved at sign-up, but no amount is charged during the trial. The Client may cancel at any time during the trial from their personal area: no payment is then taken and the site goes offline at the end of the trial. Without cancellation, the chosen subscription starts automatically at the end of the trial and the first payment is taken on that date. The free trial is reserved for a given account's first subscription. It stacks with the free month under the referral programme (article 9): the Client then enjoys the trial period, followed by the free month. It cannot, however, be combined with a discount code.
Article 5: No right of withdrawal, no refund
The Flopix service consists in supplying digital content and a service that is fully performed from subscription (immediate creation and publication of the site). In accordance with Article L221-28 13° of the French Consumer Code, the Customer expressly acknowledges that performance of the service begins as soon as payment is validated and knowingly waives their 14 day statutory right of withdrawal.
As a result, no refund, whether full or partial, may be claimed for a subscription already charged, including in the event of cancellation during a paid period: cancellation ends the future renewal of the subscription, without giving rise to a pro rata refund for the current period.
This absence of refund applies to both consumer and business Customers. The business Customer who subscribes in the course of their activity does not benefit from the right of withdrawal provided for consumers in any case. The consumer Customer, for their part, expressly waives it at the time of payment, under the conditions recalled above. In both cases, the subscription immediately triggers services that are performed and non reversible:
- the creation and publication of the site, based on the content provided by the Customer;
- the reservation of the subdomain assigned to the site, which becomes unavailable to any other Customer and remains attached to the site for the entire duration of the subscription;
- the hosting of the site and database storage of all its content (texts, photographs, opening hours, contact details, legal notice), as well as the backup of this data;
- the generation of the QR code and of the sharing elements specific to the site;
- the maintenance and technical updates of the Platform over the subscribed period.
These services are provided as soon as payment is validated and consumed over the course of the subscription period. Their cost is incurred by Flopix whether or not they are used by the Customer: not using your site, not distributing it or changing your mind after subscribing therefore gives rise to no right to a refund, whether full or pro rata.
Individual review of complaints. Flopix nonetheless cares about the quality of the service provided. Any Customer who believes they have suffered a quality defect attributable to Flopix (site inaccessible for a prolonged period due to the Platform, unresolved technical malfunction, service clearly not matching what is advertised) may submit a reasoned complaint through the contact form or from the "My tickets" area of their account. Each request is reviewed individually, on a case by case basis. If Flopix's quality control concludes there was a failing on its part, a goodwill gesture may be offered (free extension of the subscription, discount on a following period or, depending on the circumstances, a refund). This review is a voluntary commercial step by Flopix and constitutes neither an admission of liability nor an automatic right to a refund.
Article 6: Termination
The Customer may cancel their subscription at any time, with no commitment and no notice, directly from their account area. Cancellation takes effect at the end of the current period (monthly or annual): the Customer's site remains accessible until that date, then is deactivated for lack of an active subscription.
Flopix also reserves the right to suspend or terminate an account in the event of non payment, fraud, or breach of these Terms of Sale, without notice or compensation.
Article 7: Ownership of the website
The Customer acknowledges and accepts that any website created through Flopix remains the exclusive property of Flopix (structure, templates, hosting, assigned domain name or subdomain). The subscription grants the Customer a temporary right of access and use allowing them to manage and modify the content of their site, for the entire validity period of their subscription only.
In the event of termination, non payment, or deletion of the site by the Customer, Flopix reserves the right to deactivate and/or permanently delete the site concerned, together with all content, images and files associated with it.
The Customer may transfer ownership of a site they created to a third party, from their account area, provided that no active subscription is attached to it at the time of transfer. The designated third party must accept this transfer (by signing in or creating a Flopix account) before it takes effect. Once accepted, the site is subject to the same grace period as at creation (3 days to activate it via a subscription, then permanent deletion after 3 days if not).
Sites created on Flopix's initiative (professional outreach)
Flopix may, on its own initiative, produce a site preview intended for a professional (retailer, craftsperson, self employed person, company) in order to show them concretely what the Platform could offer. Such a preview is built from information made public by the professional themselves (for example their online business listing: trade name, activity, address, opening hours, contact details, public photographs). This is simply a commercial approach aimed at professionals, and not an order.
This preview is not published publicly until it has been claimed: it remains in preview state. Its creation and sending in no way bind the recipient professional: no contract is formed, no amount is due and no subscription is activated merely because a preview has been created or an invitation has been sent. The invitation may be sent by email, by SMS or via a link, to the professional contact details published by the business.
No contractual relationship arises until the professional has, cumulatively: (i) created a Flopix account or accepted the transfer of the site, then (ii) activated a paid subscription. Until then, the professional remains entirely free to ignore the offer, to refuse it, or to request deletion of the preview and of the information concerning them. Any such request, sent through the contact form, is handled without delay and without condition. If the professional accepts the site, they may then freely correct and complete its content from their account area, and becomes responsible for it under these conditions (see Article 11).
Article 8: Availability and maintenance of the service
Flopix undertakes to use all reasonable means to ensure continuous availability of the sites hosted on the Platform (best efforts obligation). However, Flopix cannot be held responsible for interruptions, temporary unavailability or service malfunctions, in particular those linked to maintenance operations, updates, cases of force majeure, or technical failures beyond its control (host, internet network, third party providers).
Updates and changes to the Platform may be deployed at any time, including on sites already created, in order to improve their operation, security or presentation.
Changes to the presentation of sites
Sites created on Flopix rely on themes and templates provided by the Platform. These presentation elements may be modified by Flopix at any time, on future sites as well as on sites already online. This concerns in particular:
- the colors offered by the themes, as well as their exact rendering;
- the size, framing and positioning of the logo, photographs and icons;
- the icons themselves, those of social networks, delivery platforms and services, which may be replaced, added or removed, in particular when a brand changes its own logo;
- the typography, spacing, section layout and their order of appearance;
- the structure of the header, navigation menu and footer.
These changes meet needs for improvement, compatibility with browsers and devices, accessibility, performance or security. They may also be imposed by a third party, for example when a platform changes the terms of use of its brand. The Customer is informed of them when they are substantial, without their prior agreement being required for each one.
The content provided by the Customer (texts, photographs, contact details, opening hours) is never modified by these changes: only its presentation may be. The Customer retains at all times the ability to modify their own content and the settings made available to them from their account area.
Reporting an unavailable site and response times
If a site no longer works, displays incorrectly or appears deactivated, the Customer must report it to Flopix through the contact form or from the "My tickets" area of their account. Flopix does not individually monitor each site: without a report, an outage limited to a single site may go unnoticed, and the time to restore it is extended accordingly.
The report must describe the difficulty encountered in sufficient detail (site address, page concerned, message displayed, date and time of observation) to allow Flopix to identify the source of the problem. The Customer undertakes to cooperate in good faith and to respond to requests for information needed for diagnosis.
Flopix undertakes to acknowledge receipt of any report and to use reasonable means to restore the service. No restoration time is guaranteed: the reaction and response time to tickets depends on the nature and scale of the incident, its origin, and the availability of the third parties concerned. The following are in particular liable to extend this time, without Flopix's liability being engaged:
- a failure, interruption or maintenance at the host, the domain name provider or the payment provider;
- an internet network failure, a power outage, a fire, a flood, water damage or any other disaster affecting the infrastructure;
- a cyberattack, an intrusion attempt or any security measure making a temporary suspension of the service necessary;
- a case of force majeure within the meaning of Article 1218 of the French Civil Code.
When an incident affects the entire Platform, restoring the service is handled as a priority, before individual requests. Unavailability, whatever its duration, gives rise to no right to a refund under the conditions set out in Article 5; the Customer who believes they have suffered a quality defect attributable to Flopix may, however, submit a reasoned complaint, reviewed individually under the procedure described in that same article.
A site may also be deactivated for a contractual rather than technical reason: non payment, a transfer request in progress, or breach of these Terms of Sale. These situations are indicated to the Customer in their account area and are resolved by the corresponding regularization, without technical intervention.
Article 9: Affiliate program
Flopix offers an optional affiliate program, accessible from each user's account area, governed by the following conditions:
- Each user has a unique referral code, which they may share freely.
- Anyone subscribing to a plan via this code receives a free month, applied automatically to the first site for which they pay the subscription, provided they enter a valid payment method. The benefit therefore applies to the first site paid for, not the first site created: a Customer who has several sites pending freely chooses the one to which they wish to apply it.
- The referrer receives a commission equal to 30% of the amount of each payment made by the referred user, and only in respect of the first site subscribed to by that referred user, as long as the corresponding subscription remains active.
- Commissions are paid at the referrer's request, subject to a minimum balance of 10€ and the provision of valid bank details (RIB), after verification by Flopix.
- Flopix reserves the right to suspend the payment of any commission, or to close an affiliate account, in the event of fraud, abuse, or the creation of fictitious accounts intended to generate undue commissions.
- The affiliate program may be modified or suspended at any time by Flopix, without notice, with commissions already due remaining acquired by the referrer.
- A user may create a site on behalf of a third party and then transfer ownership of it to them (see Article 7). If that third party activates a subscription on the site thus received, the 30% commission provided above is paid to the person who created and transferred the site, and not to the recipient's usual referrer where applicable, including if the latter already has a Flopix account and a separate referrer.
Limit on the number of referral benefits
The free month under the referral program is granted at most twice per account, once in each of the two following categories:
- Referral at creation: once only, on the first site created by the Customer themselves for which they pay the subscription.
- Referral at transfer: once only, on the first site received through ownership transfer for which they pay the subscription.
Each benefit is definitively used up as soon as it has been applied to a payment, including in the event of later cancellation of the subscription concerned. Beyond that, only the welcome and loyalty discounts described below remain applicable, within the limits of the Customer's eligibility.
Eligibility conditions and prevention of abuse
The affiliate program requires the referrer and the referred user to be two distinct persons. Consequently:
- A referral code cannot be used on the account that issued it.
- Referral does not apply between two accounts registered at the same billing address (same street, postal code and municipality). In this case, neither the free month nor the 30% commission is granted. Transfer of ownership of the site remains possible, only the referral benefit is set aside; the other discounts to which the Customer is entitled remain applicable.
- During a transfer of ownership, Flopix retains the identity of the sender (name, email address and billing address at the time of transfer) in order to verify compliance with these rules.
- It is in particular prohibited for a Customer to transfer a site to themselves via a second account, or to organize cross transfers between accounts controlled by the same person or household, with the aim of obtaining undue commissions or discounts.
- In the event of a breach, Flopix may cancel the discounts granted, withhold the corresponding commissions and, in the event of a repeated or established breach, close the account concerned.
Combining discounts
The pricing benefits offered by Flopix (free month under the referral program, promotional discount codes, loyalty coupons, welcome offers) cannot be combined with one another. Only one discount may apply to a given payment.
- A Customer benefiting from the free month under the referral program on their first subscription cannot add a discount code to it: the referral benefit takes priority and the code entered is ignored.
- The same applies to a site received through transfer of ownership: any benefit attached to that transfer cannot be combined with a promotional code.
- When several code free discounts could apply, only the one selected by the Platform at the time of payment is taken into account, as displayed on the payment page before validation.
- The amount actually due is the one displayed on the payment page at the time the order is validated: it is authoritative between the parties.
- Flopix reserves the right to cancel any discount obtained by circumventing these rules (creation of multiple accounts, misuse of a code, false declaration).
Welcome and loyalty discounts
Independently of referral, Flopix automatically assigns personal discount codes, the rate of which depends on the number of the Customer's sites with an active subscription:
- 5%: welcome code granted at account creation, valid on the first site. It is not granted to a referred Customer, who already benefits from the free month.
- 10%: granted as soon as a first site is paid for and its subscription active, valid on the next site.
- 20%: granted from five sites with an active subscription, valid on the next site.
- A new code is generated at each subscription activation and replaces the previous one: the Customer has only one valid loyalty code at a time.
- These discounts apply to the first payment of the subscription concerned only (first month for a monthly plan, first year for an annual plan), and not to subsequent terms.
- These discounts cannot be combined with one another, nor with the free month under the referral program.
- The codes granted are personal, non transferable, and valid for the period indicated in the Customer's "Discounts" area.
Article 10: Prohibited content and use of the Platform
By publishing content via Flopix, the Customer warrants that they hold the rights to it and that they comply with French and European law. The following are strictly prohibited on any site created via the Platform, without this list being exhaustive:
- Any hateful, discriminatory or hate inciting content based on origin, ethnicity, nationality, alleged race, religion, sex, sexual orientation, gender identity, age, disability or health status.
- Any antisemitic, racist, xenophobic, negationist content or content condoning crimes against humanity, war crimes or genocide.
- Any violent, threatening, aggressive content, inciting violence, terrorism, suicide, self harm or dangerous practices.
- Harassment, intimidation, defamation, insult, disparagement, harm to the honor or reputation of a natural or legal person.
- Any pornographic or sexual content, and absolutely any content depicting minors in a sexual manner, the publication of which will be immediately reported to the competent authorities.
- Infringement of others' privacy: publication of personal data, contact details, images or private information without the consent of the persons concerned.
- Infringement of intellectual property rights: counterfeiting, unauthorized reproduction of works, trademarks, logos, photographs or texts belonging to third parties.
- Illegal or fraudulent activities: fraud, money laundering, sale of counterfeit products, narcotics, weapons, medicines without authorization, protected species, falsified documents.
- Unauthorized gambling, betting or lotteries, as well as pyramid schemes, abusive multi level marketing and unrealistic promises of gains.
- Any deceptive practice: false commercial claims, fake reviews, impersonation of identity or professional status, imitation of a brand or institution.
- Any malicious technical content: viruses, malware, phishing, code designed to cause harm, non consented data collection, or use of the Platform to send unsolicited messages.
- Any content contrary to public order and morality, or liable to seriously harm the image of Flopix.
The Customer remains solely responsible for the content they publish and indemnifies Flopix against any claim, action or judgment resulting from it, including defense costs incurred.
Flopix reserves the right, without notice or compensation, to suspend or delete any content or any site breaching these rules, to terminate the account concerned, to retain the elements needed to establish proof, and to make any report to the competent authorities. No refund will be due in this case. Any visitor may report illegal content through the reporting form.
Article 11: Liability
The Customer is solely responsible for the content (texts, images, contact details) they publish on their site via the Platform, and warrants that they hold all the rights necessary for its distribution. Flopix cannot be held responsible for illegal content published by a Customer on their site, without prejudice to Flopix's right to suspend or delete any content or site not complying with these Terms of Sale or the law, whether on report or on its own initiative.
Site legal notice: the Customer's exclusive responsibility
Any publicly accessible site must include a legal notice identifying its publisher, in accordance in particular with the French Act on Confidence in the Digital Economy (LCEN), the General Data Protection Regulation (GDPR) and the recommendations of the CNIL. Their absence or inaccuracy exposes the publisher to penalties of up to 75,000€ in fines for a natural person and 375,000€ for a legal entity under the LCEN, and up to 4% of worldwide annual turnover under the GDPR.
Flopix provides the Customer with a dedicated form to enter their legal notice, accessible at any time from the "Information" page of their site, and reminds them to complete it. However:
- The Customer is solely responsible for entering their legal notice in a complete, accurate and up to date manner. Flopix never enters it on their behalf and has neither the means nor the obligation to verify its accuracy.
- This responsibility applies whether the site was created by the Customer themselves or received through transfer of ownership from another user. As soon as a transfer is accepted, the recipient becomes the publisher of the site: it is their responsibility to check and correct the legal notice without delay, which must be their own and not that of the person who created the site.
- The person who created and then transferred a site is not responsible for the site's legal notice once it has been transferred and accepted.
- Flopix cannot be held responsible, on any basis whatsoever, for the consequences of an absence, omission, error or inaccuracy in a site's legal notice: administrative or criminal penalty, formal notice, dispute with a third party, or any commercial or reputational harm (loss of credibility, visitor distrust, loss of clientele).
- The Customer indemnifies Flopix against any claim, action or judgment resulting from failure to comply with this obligation.
The Customer is strongly advised to complete their legal notice as soon as their site goes live, and to update it at each change of situation (address, legal form, contact details, legal representative).
Article 12: Personal data and retention period
The processing of Customers' personal data is described in our legal notice, which set out the retention periods applied.
In summary: an account's data is kept for the entire duration of the contractual relationship, then 3 years after the last login when the account no longer has an active site or subscription. At the end of this period, the account is automatically anonymized. Billing data is kept for 10 years in accordance with Article L123-22 of the French Commercial Code, including after an account is deleted: this retention meets a legal obligation and therefore cannot be the subject of an erasure request.
The Customer may request the deletion of their account at any time. Flopix then erases the data not subject to a legal retention obligation, within a maximum of 30 days.
Commercial prospecting of professionals
As part of the outreach described in Article 7, Flopix may process professional data drawn from publicly accessible sources (business listings, directories, professional sites), for the sole purpose of offering its service to professionals. This processing is based on Flopix's legitimate interest (Article 6.1.f of the GDPR) in making its offer known to a professional audience, in compliance with the rules applicable to business to business prospecting. The data concerned is limited to public professional information (trade name, activity, address, professional contact details, public content).
Any data subject may object at any time to this prospecting and obtain the erasure of the data concerning them, without having to give reasons, through the contact form or by declining the invitation received. If no account is created following an invitation, the preview and the associated prospecting data are deleted within a reasonable time. Each prospecting message sent electronically includes a simple way to refuse to receive new ones.
Article 13: Disputes and mediation
These Terms of Sale are governed by French law. In the event of a dispute, the Customer is invited to contact Flopix first through their contact form or from the "My tickets" area of their account, in order to seek an amicable solution. Flopix undertakes to respond to any written complaint within thirty days.
Consumer mediator
In accordance with Articles L612-1 et seq. of the French Consumer Code, the consumer Customer who has not obtained satisfaction after a written complaint addressed to Flopix may use, free of charge, the consumer mediator that Flopix falls under:
Société Médiation Professionnelle (SMP)
Alteritae, 5 rue Salvaing, 12000 Rodez
www.mediateur-consommation-smp.fr
A referral to the mediator is admissible only if the Customer shows that they first attempted to resolve the dispute directly with Flopix through a written complaint, and if the request is submitted within the year following that complaint. Recourse to mediation is optional and the Customer remains free to accept or refuse it. The consumer Customer may also submit their complaint on the European online dispute resolution platform.
The business Customer does not fall under consumer mediation, which is reserved for consumers. Disputes concerning them are submitted to the competent courts under the conditions below.
Competent jurisdiction
Failing an amicable agreement, the dispute is brought before the French courts. For the consumer Customer, the statutory rules of territorial jurisdiction apply and they retain the option of bringing the matter before the court of the place of their domicile.