Terms and Conditions of Use and Service
Version dated April 25, 2025
PREAMBLE
These General Terms and Conditions of Use and Service (hereinafter the "T&Cs") apply to all contractual relationships between the company BILLABEX, a simplified joint-stock company (SAS) with a share capital of 1000 euros, whose registered office is located at 26 rue Bosquet – 75007 Paris, registered with the Paris Trade and Companies Register (RCS) under number 984 298 505 (hereinafter the "Provider"), and its professional clients (hereinafter the "Client") in connection with the use of the SaaS software platform and the Solution offered by Billabex (the "Solution").
The Provider and the Client shall hereinafter be jointly referred to as the "Parties", or individually as a "Party".The Provider reserves the right to modify these General Terms and Conditions of Use and Service at any time. The applicable General Terms and Conditions of Use and Service are those in effect on the date of the Order.Publisher and Operator of the Solution:
The Solution and the Services are operated by the company Billabex, a simplified joint-stock company (SAS) with a share capital of 1000 euros, registered with the Paris RCS under number 984 298 505, whose registered office is located at 26 rue Bosquet, 75007 Paris.
Billabex does not act as an agent or provider of amicable debt collection services on behalf of the Client but acts exclusively as the publisher of a software solution allowing the Client to manage its own reminders autonomously.
Presentation of the Solution and Services:
Billabex is an innovative SaaS solution, accessible online, allowing professionals to automate and optimize the management of their reminders for unpaid or overdue invoices. Thanks to artificial intelligence, the platform offers personalized multi-channel reminders (emails, SMS, calls, mail, WhatsApp, etc.) while leaving companies in full control of their communications and customer relationships. Billabex acts as a software publisher and does not provide debt collection services on behalf of others.
The Client has the choice between two options:
- Either a monthly subscription plan,
- Or usage-based pricing via a Virtual Wallet.
ARTICLE 1 – APPLICABILITY OF THE T&Cs
Use of the Solution implies full, complete, and unreserved acceptance of these T&Cs. The Client acknowledges that it is acting in its capacity as a professional entity/business as defined by the French Consumer Code. It is understood that any subscription constitutes full, complete, and unreserved acceptance of these T&Cs.
ARTICLE 2 – PURPOSE
The purpose of these T&Cs is to define the contractual terms and conditions for the use of the Billabex Solution, a SaaS platform for automated reminders of unpaid or overdue invoices, by professional Clients.
ARTICLE 3 – CAPACITY – CLIENT'S STATUS
The Client declares that it has the capacity to contract and engage in commercial acts, i.e., that it is a legal entity and/or the legal representative of the legal entity or is specifically and duly authorized for this purpose, or an adult or emancipated minor individual who is a professional entity/business as defined by the French Consumer Code, and not protected by the provisions within the meaning of Article 425 of the French Civil Code.
THE CLIENT DECLARES THAT IT IS A PROFESSIONAL ENTITY/BUSINESS, within the meaning of the definition in the Preamble Article of the French Consumer Code (... "Professional: any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional").
ARTICLE 4 – DEFINITIONS - NATURE OF SERVICES
For the purposes of these T&Cs, the following terms or expressions shall have the following meaning, whether used in the singular or plural:
Subscription: Pricing category, depending on quantitative elements, chosen by the Client for the use of the Solution. The Subscription is chosen by the Client either during an online registration process or under the terms of a document (Specific Terms and Conditions ("CPS"), quote, purchase order, etc.) signed electronically.
Billabex: Refers to the company BILLABEX, publisher of the Solution, as identified at the beginning of these T&Cs.
T&Cs: Billabex's General Terms and Conditions of Use and Service.
Client: Any legal entity or individual with legal capacity acting for professional purposes, who has subscribed to the Services via the Billabex platform.
Account: Personal space created by the Client on the platform, allowing access to the Solution and benefit from the Services.
Subscription Terms: Terms and conditions for acquiring a License to the Solution and Services.
Content: Any information, data, message, invoice, file, or document transmitted or generated via the Solution.
Contract: The whole formed by these T&Cs, any Specific Terms and Conditions ("CPS"), and any order or subscription placed by the Client in the form of a contractual document signed electronically between the Client and Billabex, specifying and/or supplementing these T&Cs.
Personal Data: Any information relating to an identified or identifiable natural person as described in Article 4 of the GDPR.
AI or AI Agent: Autonomous software agent integrated into the Solution, based on artificial intelligence technologies, configured to automatically generate personalized reminder messages according to predefined scenarios.
Credentials: Personal data allowing the Client or an authorized User to access their Account (email address, password, etc.).
License: Right to use the Solution granted to the Client under the terms, conditions, and limits of the Contract; this term shall not be given the meaning or characteristics attributed to it by the French Intellectual Property Code.
User License: Right to use the Solution granted to the User based on the License granted to the Client, from whom the User derives their right.
Party: One of the parties to the Contract, namely Billabex or the Client.
Subscription Period: Duration of the Subscription to the Solution and Services as described in the Subscription Terms.
Payment Provider: Billabex's provider ensuring payment operations for the subscription price.
Virtual Wallet: Prepaid balance associated with the Client's Account, allowing triggering of Services offered by the Solution, debited upon usage.
Services: All functionalities offered by the Solution, including in particular the automated generation of invoice reminders via autonomous AI agents.
Single Sign-On ("SSO"): Single authentication system allowing the User to connect to multiple services with a single identifier.
Site: The website published by Billabex accessible at https://www.billabex.com.
Service Level Agreement ("SLA"): Commitments made by Billabex regarding the Solution's performance levels and Support terms.
Solution: Software platform published by Billabex, accessible in SaaS mode at https://app.billabex.com, allowing the Client to manage its reminders autonomously, with assistance, or automatically.
Support: Service providing assistance with the use of the Solution and/or the resolution of difficulties accessing or using the Solution by the Client.
User: Any person eligible and authorized by the Client to use the Solution via its Account.
ARTICLE 5 – DESCRIPTION OF THE SOLUTION AND SERVICES
The Solution is a software platform designed to assist with amicable debt reminders, automating the sending of reminder messages via different channels (email, SMS, mail, WhatsApp, voice messages, etc.).
It is accessible via the site https://app.billabex.com. Billabex provides a tool, without acting as a debt collection company.The Solution includes software agents equipped with decision-making autonomy based on artificial intelligence technologies. These agents are designed to optimize amicable debt reminders by analyzing situations and formulating appropriate messages.Billabex also publishes a website at https://www.billabex.com (hereinafter the "Site") which includes a blog dedicated to the use of the Solution and Services (hereinafter the "Blog").
It is recalled that the Billabex Solution is a technological tool assisting with amicable debt reminders. Billabex does not at any time act as an agent for its Clients in the management of their accounts receivable, nor as a debt collection company. The Client retains full control over the strategy, content, and relationship with its own customers.
Solution Access Conditions:
Use of the Solution is exclusively reserved for legal entities or individuals with the legal capacity to act for professional purposes. Access requires the creation of a User Account and a prior top-up of the Virtual Wallet.
Solution Subscription:
The Client may subscribe to either a Subscription Plan or usage-based pricing.The Client may subscribe to a Subscription Plan allowing it to acquire one or more usage licenses for the Solution (hereinafter the "Subscription"), which it may distribute to persons of its choice (hereinafter the "User(s)") under the conditions defined below.
The Client expressly acknowledges and accepts that any Subscription, regardless of the terms, constitutes a firm and final order for the use of the Solution. Any cancellation or withdrawal occurring after payment will be governed by the provisions of Article 8, Section 2.Similarly, the Client expressly acknowledges and accepts that any top-up of the Virtual Wallet constitutes a firm and final order for the use of the Solution.
Right to Use the Solution (License):
Under the terms of the Contract, Billabex grants the Client a personal, non-exclusive, non-assignable, and non-transferable right to use the Solution (the "License"), for the duration of the Contract, according to the characteristics of the subscribed Offer and the conditions stipulated in these T&Cs and any CPS.
The License means the right to access and use the Solution and Services in accordance with their intended purpose, in SaaS mode via a connection to an electronic communication network.
The Client is prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
The Client may under no circumstances rent, sublicense, or make the Solution available to third parties other than a User, under the conditions and within the limits provided in these T&Cs.The conditions for accessing the Solution are those provided in the subscribed Subscription Plan and/or any CPS signed by the Client.
Any modification of all or part of the elements of the subscribed Offer must be subject to the express agreement of the Parties.The License granted to the Client by the Contract includes the right to designate and modify the list of Users who may access and use the Solution, provided an Account is created and within the limit of the number of User Licenses provided for in the subscribed Offer.
The Client is solely responsible for the conditions under which the Users it has chosen and designated use the Solution, and is solely responsible for their failures/breaches.Billabex reserves the right to integrate automatic filtering systems to refuse the generation or sending of any content violating the law or public morals, without prior notification.
ARTICLE 6 – BILLABEX'S OBLIGATIONS
It is recalled that the company Billabex does not under any circumstances act as an agent or provider of amicable debt collection services on behalf of the Client but acts exclusively as the publisher of a software solution allowing the Client to manage, automate, using artificial intelligence, its own reminders for unpaid invoices autonomously.
The Provider undertakes, under a best efforts obligation, to:
- Ensure the accessibility and proper functioning of the Solution, under the conditions provided in these T&Cs, to allow the Client to use it, under the terms and conditions of the Contract, subject to maintenance periods, interruptions beyond its control, or cases of force majeure;
- Provide standard level technical assistance, including through Support, via the contact methods indicated on the Site (via email, chatbox, or video conference) during the hours defined in the applicable commercial conditions / or between 9 am and 6 pm on business days. Billabex undertakes to provide the Client and its Users with Support, the conditions of which depend on the subscribed Subscription Plan and whose characteristics are specified in the SLAs;
- Provide the Solution and store the Content diligently and according to industry standards;
- Ensure a high level of security, particularly regarding the confidentiality, integrity, and availability of the data processed by the Solution;
Ensure a level of services and performance of the Solution in accordance with the commitments formalized in the Service Level Agreement ("SLA") appendix applicable according to the subscribed Subscription Plan;
- Inform the Client in case of a critical incident or bug affecting access or functioning of the Solution;
- Implement control mechanisms for the AI agents to prevent the generation of manifestly illicit or contrary to public morals content;
- Comply with its obligations regarding personal data protection, in accordance with the GDPR and its Privacy Policy.The Solution and Services may be subject to changes, variations, or extensions by Billabex at any time, provided that these modifications do not substantially compromise the nature or quality of the Solution and Services to which the Client has subscribed.
The following are considered non-substantial modifications, in particular: Solution updates, new Solution developments, maintenance, system compliance updates, network changes for data transmission, changes in geographical location for server hosting.
ARTICLE 7 – CLIENT'S OBLIGATIONS
Without prejudice to other obligations stipulated in these T&Cs and any CPS, the Client (including all Users to whom the Client has granted the right to use its Account) undertakes to:
- Comply with applicable laws and regulations and the rights of third parties, and not infringe upon the rights of third parties or public order;
- Use the Solution in accordance with its intended purpose, within a strictly professional context, complying with applicable legal and regulatory provisions and the provisions of these T&Cs;
- Ensure the accuracy, legality, and relevance of the content, invoices, files, or data that it integrates or transmits via the Solution. In this regard, the Client warrants that they are lawful, do not infringe upon public order, public morals, or the rights of third parties, do not violate any legislative or regulatory provision, and more generally, are not in any way likely to incur the civil or criminal liability of Billabex;
- Not divert the Solution from its normal use, particularly for fraudulent, illicit purposes, or in violation of the rights of third parties;
Assume sole responsibility and consequences for any developments and connections it may create or implement to connect Billabex's integrations and/or API to its own accounting tools, invoicing tools, or CRM;
- Maintain the confidentiality of its Credentials and ensure their strictly personal use or use only by its authorized Users. In this regard, the Client warrants that the Users personally use the Solution and Services and not allow any third party to use them in their place or on their behalf. Users are strictly prohibited from communicating their username and password to third parties. The Client undertakes not to use a generic or shared username for multiple people;
- Control the autonomous artificial intelligence agent(s) (AI); indeed, the Client retains the ability to activate, supervise, and deactivate these agents;
- Inform Billabex without delay in case of unauthorized or suspicious use of its Account or abnormal behavior of an AI agent. In such a case, the Client acknowledges Billabex's right to take all appropriate measures.
- Pay the price of the Services or the subscribed Subscription Plan under the terms and within the deadlines set out in these T&Cs and any CPS, and according to the terms specified in Article 9 Financial Terms and Pricing of Services;
- Maintain a positive balance in its Virtual Wallet to ensure Service continuity;
Refrain from any action likely to impair the security, stability, or performance of the Solution (e.g., overloads, intrusion attempts, etc.).
The Client acknowledges having read on the Site and in the description of the services provided the characteristics, constraints, and performance, particularly technical, of all the Services.
The Client is solely responsible for the proper use of the Solution and Services, in accordance with the performance level chosen in the Subscription Terms.
The Client is solely responsible for its use of the Services, the relationships that the Users may form with each other, and the information that will be communicated within the framework of the Services.
The Client undertakes to make strictly personal use of the Services. It is consequently prohibited from assigning, conceding, or transferring all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.
The Client is solely responsible for the content it disseminates. It warrants to Billabex that it has all necessary rights and authorizations for the dissemination of this content.
ARTICLE 8 – DURATION AND TERMINATION
The Contract takes effect on the date of its subscription, unless otherwise provided in the CPS; however, access to the Solution remains subject to payment of the price agreed upon conclusion of the Contract.
Depending on the pricing model chosen by the Client, the contractual relationship is adapted as follows:
Monthly Subscription Plan:
The Contract is subscribed for a fixed term defined in the chosen Subscription Plan or the CPS. The subscription will then be tacitly renewed for monthly periods. Each commenced period is fully due, regardless of the date of termination or cessation of use of the Solution; The Client may terminate the Contract at any time for the monthly subscription plan, by sending a termination request at least one (1) month before the monthly renewal date. This termination request must be sent by any means that can attest to its proper receipt by Billabex.
The termination will take effect at the end of the current period and will not give rise to any pro-rata refund.
The Contract will remain in effect until its term, the Client remaining liable for the agreed price. Non-renewal of the Contract under the terms of these provisions will not result in the payment of any compensation.
Usage-Based Plan (per invoice or per message billing):
The Contract is activated upon each top-up of the Virtual Wallet, without commitment to duration, and remains valid as long as the balance is positive.
The Client may terminate this plan at any time by simply ceasing to use the Solution. However, any amounts credited and remaining in the Virtual Wallet at the time of termination shall be retained by the Provider and will not be subject to a refund.
Thus, the Client expressly acknowledges and accepts that any top-up of the Virtual Wallet, regardless of the terms, constitutes a firm and final order for the use of the Solution.
The Client expressly acknowledges and accepts the firm nature of any order and particularly that any top-up of the Virtual Wallet, regardless of the payment method, constitutes a firm and final order for Services, and that it will not give rise to any refund, including in case of early termination.
Furthermore, Billabex reserves the right to terminate the Contract automatically, at any time and without compensation, in case of:
Substantial violation of the T&Cs by the Client (non-compliance with the use of the Solution, payment default, use contrary to law or public order, etc.);
Prolonged inactivity of the Client (zero balance for more than six (6) consecutive months).
In case of breach or total or partial non-performance of its obligations by one of the Parties, the injured Party may send a formal notice to the defaulting Party requiring it to perform its obligations, by registered letter with acknowledgment of receipt.
Without prejudice to potential damages, the injured Party may, if it deems appropriate, terminate the Contract automatically and with immediate effect if the non-performance referred to in the preceding paragraph has not been remedied within fifteen (15) days.
Users may delete their Account at any time.
Account deletion does not entail termination of the Contract, which can only occur according to the terms provided above.
Account deletion results in the destruction of all data related to the Account, which the User accepts. If the User wishes to retain the content uploaded to their Account, they can export the content from their Account before requesting deletion.Termination of the Contract results in the closure of the Client Account and the deletion of access to the Solution. Data may be deleted or archived according to the terms provided in the article concerning Personal Data. No refund may be claimed for amounts already billed or consumed.
ARTICLE 9 – FINANCIAL TERMS AND PRICING OF SERVICES
Pricing Terms - Price of Services:
The price of the Subscription is that indicated in the Subscription Terms or the CPS. Unless otherwise stated, prices are expressed in euros and exclude taxes.
The Services offered by Billabex are accessible according to different economic models, chosen by the Client upon subscription:
- Transaction-Based Pricing: €8 excluding taxes per invoice uploaded or transferred to an AI agent;
- Message-Based Pricing: €0.90 excluding taxes per message sent by an AI agent;
- Fixed Monthly Subscription, including a certain volume of actions (according to the chosen plan).
Tiered or volume-based pricing may be offered depending on volume. Detailed conditions are found in the Subscription Terms or any CPS concluded between the Parties.
Price Changes:
Unless otherwise agreed, prices may change according to the following terms:
- In case of a revision, Billabex will inform the Client by any written means (including email), one (1) month before the new prices take effect;
- Failing termination by the Client within the deadline before the new prices take effect, these will be deemed accepted.
Once effective, the new prices apply upon Contract renewal.
Virtual Wallet:
For Clients opting for usage-based pricing, access to the Services is conditional upon prior top-up of a Virtual Wallet, available from the Client Account.
As indicated previously, each top-up constitutes a firm and final order, non-refundable, except in case of gross negligence by Billabex in the performance of the Services.
Billing Terms:
The Services are subject to automatic monthly or annual billing depending on the option chosen by the Client, or billing by Virtual Wallet top-up.
With the aim of reducing its environmental impact, Billabex does not send paper invoices.
All invoices are issued in electronic format only, and made available in the Client area or sent by email. The Client expressly accepts this transmission method as equivalent to an original invoice.
Payment Terms:
Payment of the price can be made online, by credit card, by bank transfer, or by direct debit (SEPA), via the payment provider indicated on the Site (hereinafter: the "Payment Provider"), or by any other means agreed between the Parties.
Credit card payment is implemented by the Payment Provider, who alone processes and retains the Client's bank details for this purpose.
Payment is due on the date of subscription and upon each renewal, or at the time of each Virtual Wallet top-up.
The Client warrants to Billabex that it has the necessary authorizations to use the chosen payment method. It undertakes to take the necessary measures for the automatic debit of the Contract price.
Payment Delays and Incidents:
Any payment delay automatically entails:
- Billing of late payment interest equal to three (3) times the legal interest rate, starting from the day after the due date;
- Application of a fixed indemnity of 40 euros for collection costs, in accordance with Article D441-5 of the French Commercial Code;
And, where applicable, immediate suspension of access to the Solution, or even termination of the Contract under the conditions provided in these T&Cs.Additional penalties may be claimed in case of higher collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
ARTICLE 10 – DATA OWNERSHIP
The Client is and remains the sole owner of the Content.
It warrants to Billabex that it has all necessary authorizations for its storage and dissemination and remains solely responsible for the Content.Billabex owns all usage data generated by the Client and/or its Users, used for statistical purposes and improvement of the Solution and Services.
ARTICLE 11 – PERSONAL DATA
Billabex and the Client undertake to comply, each concerning their respective responsibilities, with the provisions of the French Data Protection Act No. 78-17 of January 6, 1978, as updated (hereinafter: the "Data Protection Act") and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, hereinafter: the "GDPR").
The nature and terms of the personal data processing that may be carried out by Billabex are governed by the provisions of the "Privacy Policy" appendix.
Respective Roles of the Parties:
In the context of using the Solution, Billabex is required to process two categories of personal data:
- Client data (e.g., identity of the representative, authorized users, payment methods) as a data controller, for managing the contractual relationship, billing, support, and sending information related to the Services;
- Third-party data (e.g., debtors) integrated by the Client (invoices, contact details) in the context of using the Solution. The Client acts here as a data controller, and Billabex as a data processor within the meaning of Article 28 of the GDPR.
Data Processed and Purposes:
Billabex collects and processes data strictly necessary for:
- The creation and management of Client Accounts;
- Billing and payment tracking;
- Technical assistance and contractual communication;
- The functioning of the Solution and triggering of reminders;
- Compliance with its legal and regulatory obligations.
Billabex's Commitments as a Data Processor:
When Billabex acts on behalf of the Client (e.g., processing debtor contact details), it undertakes to:
- Process data only on documented instructions from the Client;
- Ensure the confidentiality and security of the processed data;
- Notify the Client without undue delay in case of a data breach;
- Reasonably cooperate with the Client to assist it in its obligations related to the GDPR;
- Delete or return the data at the end of the Contract, according to the Client's instructions.
Retention Period:
Data is retained for the duration of the contractual relationship, then archived for a maximum period of five (5) years, unless otherwise required by law or requested by the Client for deletion (excluding litigation cases).
Rights of the Client and Data Subjects:
In accordance with applicable regulations, every data subject has a right of access, rectification, erasure, opposition, restriction of processing, as well as a right to data portability.
The Client may exercise these rights by sending a request (https://www.billabex.com/en/contact-us) or by any means specified in the Privacy Policy.
Hosting and Security:
Data is hosted within the European Union in secure data centers. Billabex implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Privacy Policy:
For more information, the Client is invited to consult the Privacy Policy accessible at any time on the Site.
ARTICLE 12 – USE OF ARTIFICIAL INTELLIGENCE AND ASSOCIATED LIMITATION OF LIABILITY
Solution and Services Including Autonomous Artificial Intelligence (AI) Agents:
The Solution includes software agents equipped with decision-making autonomy based on artificial intelligence technologies. These agents are designed to optimize amicable debt reminders by analyzing situations and formulating appropriate messages.
Client Control:
By default, the Client retains the ability to activate, supervise, and deactivate these agents. In any case, the Client remains responsible for the content sent when it has the ability to review it before sending.
Autonomous Disclaimer Clause:
The Client expressly accepts that Billabex cannot be held responsible for the consequences of a message formulated by the AI agent, except in case of gross negligence in the design, or serious negligence in the overall control of the algorithm, provided that such gross negligence or serious negligence is proven.
Exclusion of Certain Damages:
The company Billabex can under no circumstances be held liable for indirect commercial damages, including, but not limited to:Loss of revenue/turnover,Damage to the Client's company's reputation or image,Breakdown or deterioration of a business relationship,Loss of a chance or opportunity.
Cases of Illicit or Inappropriate Content:
Billabex implements filters and control systems aimed at preventing the production of illicit content (including racist, sexist, homophobic, defamatory remarks, etc.).
Nevertheless, if manifestly illicit content were accidentally generated by an AI agent, Billabex undertakes to:
- Immediately suspend the affected agent upon simple notification from the Client,Fully cooperate to correct and explain the anomaly
- Examine the situation on a case-by-case basis to determine if fault is attributable to Billabex or to incorrect Client configuration.
Guarantee of Proper Functioning and Limit of Compensation:
The Client acknowledges that the Services rely on constantly evolving technologies and accepts the risks and limitations inherent in AI systems. In any event, Billabex's liability is capped at two (2) months of average consumption on the Client's Virtual Wallet over the last six (6) months.
ARTICLE 13 – PROVIDER'S RESPONSIBILITIES AND WARRANTIES
Billabex undertakes to provide the Solution and Services in accordance with industry standards, and in this regard, it is recalled that the Provider is subject to a best efforts obligation. Billabex's liability can only be engaged in case of proven fault, directly attributable to its personal action in the performance of its contractual obligations.Billabex warrants that the Solution does not constitute an infringement of prior rights and does not violate the rights of third parties.
Solution Functioning:
Billabex does not guarantee that the Solution will be free from anomalies or errors, nor that it will function without interruption.
Billabex does not guarantee to Clients (i) that the Services, subject to constant research for improvement, particularly in performance and progress, will be entirely free from errors, defects, or faults, (ii) that the Services, being standard and not specifically offered solely for the Client's needs, will specifically meet its needs and expectations.
Nevertheless, Billabex implements all reasonable means to:Ensure a minimum availability of 99.9% excluding scheduled maintenance;
Correct blocking bugs within a reasonable timeframe;
Secure access and exchanges in accordance with market standards.
Limitation of Liability:
Unless otherwise required by mandatory legal provisions, Billabex's liability, for all causes combined, is strictly limited to the only direct, foreseeable, and certain personal damages suffered by the Client (who must be up to date with all payments), and the amount of compensation will be capped and cannot exceed, in any case, an amount equivalent to 2 monthly payments due and effectively paid by the Client under the Contract or, in case of annual billing, one-sixth (1/6th) of the annual fee.
In no event shall Billabex be held liable for indirect damages, such as: loss of revenue/turnover, loss of customers, damage to reputation/image, loss of data, commercial prejudice or loss of profit, including if it was informed of the possibility of such damages.
Disclaimer of Warranty on Automated Decisions:
The Client is informed that certain messages or actions may be automatically generated by software agents equipped with artificial intelligence. Although these agents are designed to operate within a predefined and ethical framework, Billabex offers no warranty as to the relevance or legality of the automatically generated content in case of autonomous use.The Client retains the responsibility to verify the generated content.
Cases of Exemption from Liability:
In addition to what is provided in Article 12 above, Billabex's liability cannot be engaged in the following cases:
- Misuse of the Solution by the Client or by an unauthorized User;
- Incorrect or faulty configuration or integration of the Solution by the Client into its invoicing, accounting, or CRM tools;
- Unavailability resulting from the host or the Payment Provider;
- Intervention of an unauthorized third party;
- Client's failure or negligence in the performance of its own obligations;
- Force majeure as defined in Article 1218 of the French Civil Code;
- Interruption of Services or damages related to: a decision by authorities; difficulty of access related to the quality of the internet and mobile phone networks;
- Interruption of Services or damages related to non-compliant use of the Solution and Services with respect to the T&Cs;
- Interruption of Services or damages related to abnormal or fraudulent use by the Client;
- Interruption of Services or damages related to Users or third parties requiring service
- interruption for security reasons;
- Interruption of Services or damages related to difficulty accessing the Solution related to a technical maintenance operation aimed at its improvement; difficulty accessing or using the Solution and Services related to an incident occurred within Billabex's providers (in particular hosting provider); difficulty or slowdown in the use of the Solution and Services related to the intrusion of a computer virus, worm, Trojan horse, adware, spyware, scareware, backdoor, DDoS attack, botnet attack, or any other computer malware introduced by a third party;
The nature and/or quality of the Content that the Client and its Users upload to the Solution.
Temporary Suspension of Services:
In case of necessity (maintenance, security, update), Billabex may temporarily suspend all or part of the access to the Solution, without giving rise to any compensation. To the extent possible, the Client will be notified beforehand by any useful means.
ARTICLE 14 – CLIENT'S RESPONSIBILITIES AND WARRANTIESResponsibility for Use:
The Client is solely responsible for its use of the Solution, the Services, and the generated results, including those resulting from software agents equipped with artificial intelligence (hereinafter, "AI Agents"), as defined in Article 12.
It is its responsibility to verify the relevance, legality, and compliance of the messages, reminders, or content generated via the Solution, according to its own objectives, regulatory obligations, and its business relationship with its customers or partners.
Data Transmitted and Settings:
The Client warrants that all data integrated into the Solution (invoices, debtor contact details, reminder scenarios, template messages, etc.) are:
- Accurate, lawful, and free from any defect or error likely to infringe upon the rights of third parties;
- Transmitted fairly, with the consent or prior information of the data subjects, in accordance with GDPR rules;
- Compatible with the purposes of the automated reminder processing implemented via the Solution.The Client is responsible for the behavior of the AI Agents triggered in its Account, including in case of use in fully autonomous mode.
Supervision and Validation of AI Actions:
When the Solution provides for actions generated by the AI Agents, the Client is required to carefully review them before sending.
Otherwise (activation of fully autonomous operation), it fully assumes the risks related to decisions, formulations, or potential errors generated without supervision.
The Client expressly acknowledges and accepts that Billabex cannot be held responsible for the commercial or legal consequences related to automatically generated content, except in case of gross design negligence or proven dysfunction, as specified in
Article 12. Security and Access:
The Client undertakes to:
- Maintain the confidentiality and security of its Credentials;
- Limit access to the Solution to its authorized Users;
- Immediately report any identified breach or fraudulent use.
Content Compliance:
The Client undertakes not to use the Solution for purposes that are:
- Illicit, fraudulent, defamatory, or contrary to public order;
- Infringing upon the image or reputation of third parties;
- Aimed at generating or distributing discriminatory, hateful content, or content contrary to public morals.
Indemnification:
The Client indemnifies and holds Billabex harmless against any claim, action, or recourse from a third party (including a debtor), resulting from:
- The use of the Solution by the Client or its Users,
- Automated decisions unsupervised by the Client,
- Or non-compliance with the obligations defined in these T&Cs, particularly those related to the use of AI Agents.
This indemnity covers all defense costs, indemnities, penalties, damages, or other charges that Billabex may be required to bear as a result of this violation.
Furthermore, and generally, the Client indemnifies Billabex against any complaint, claim, action, and/or demands whatsoever that Billabex may suffer due to the violation by the Client or its Users of any of its obligations or warranties under these T&Cs and any CPS or a violation of applicable laws and regulations.It undertakes to indemnify Billabex for any harm it may suffer and to pay all costs, charges, and/or judgments it may have to bear as a result. In case of fraudulent use of the Client's or its Users' credentials due to fault or negligence attributable to the latter, or to any advised User under its control or hierarchical authority, the Client will be liable to Billabex for any data loss or deterioration, of whatever nature, and more generally for any damage suffered due to unauthorized use of the Solution and Services.
ARTICLE 15 – CONFIDENTIALITY
Each Party shall ensure the protection of any information brought to its knowledge by the other Party in the context of the Contract. Each Party is prohibited from disclosing any information provided by the other Party, technical formula, or concept of which it may have become aware during the Contract.
ARTICLE 16 – PROVIDER'S INTELLECTUAL PROPERTY
All software, information presentations, games, denominations, trade names, texts, comments, images, illustrations, product or service marks, inventions, and, in general, any creation, of whatever kind, accessible through Billabex's sites, and in particular all elements of the Solution, remain the exclusive property of Billabex.
The Client remains the owner of all intellectual property rights it holds over the Content it uploads to the Solution.
The Client is not authorized hereunder to:
- Copy, print, transfer, transmit, or display all or part of the Solution and the content disseminated on the Site and the Blog;Sell, rent, sublicense, or distribute the Solution in any way whatsoever;
- Use the Solution to provide data processing services, time-sharing services, or other similar services of whatever nature, to any other individual, company, or entity;
- Use the Solution other than for internal and personal purposes;
- Modify the Solution and/or merge all or part of the Solution into other computer programs; compile the Solution, decompile it, disassemble it, translate it, analyze it, perform reverse engineering activities or attempt to do so.
The Client acknowledges that all legal intellectual property rights in or relating to the Solution belong to Billabex, and that it has no other right to the Solution than that of using it in accordance with these General Terms of Service.
ARTICLE 17 – GOVERNING LAW – JURISDICTION
These T&Cs are governed by French Law.Disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of the Contract will be subject to a prior amicable settlement attempt between the Parties.In case of dispute regarding the validity, interpretation, and/or performance of these T&Cs, the Parties agree that the courts of Paris shall have exclusive jurisdiction to hear them, unless otherwise required by mandatory procedural rules.
ARTICLE 18 – MISCELLANEOUS PROVISIONSCommercial References:
The Client, being a professional entity/business, expressly authorizes Billabex to cite it and, where applicable, use reproductions of its trademarks or logo as commercial references, notably during events, in its commercial documents, and on its website, in any form whatsoever.
Assignment:
The Client may not assign its obligations arising hereunder to a third party without Billabex's written authorization. The request must be made by any written means of communication at least thirty (30) days before the said assignment.
In case of no response within fifteen (15) days from receipt of the written request, Billabex shall be deemed to have refused the assignment.Billabex may at any time transfer, assign, or contribute to a third party, in any form whatsoever, all or part of its rights or obligations arising hereunder, after having previously informed the Client, who shall not object.
Modifications:
Billabex reserves the right to modify these T&Cs at any time. The Client will be informed of these modifications by any useful means at least thirty (30) days before they take effect.
A Client who does not accept the modified T&Cs must terminate their current subscription plan and unsubscribe from the Solution and Services according to the terms provided in these T&Cs; otherwise, the modified T&Cs will apply to the Client upon the first renewal of the Contract.
Agreement on Proof:
The Client expressly acknowledges and accepts:
- that the data collected on the Solution and Billabex's IT equipment shall be evidence of the reality of the operations carried out hereunder,
- that this data constitutes the primary mode of proof accepted between the Parties, particularly for the calculation of amounts due to Billabex, unless proven otherwise by the Client.
The Client or its Users can access this data from their Account.
Language:
In the event of a translation of these T&Cs into one or more languages, the language of interpretation shall be French.
Severability:
If any stipulation herein proves to be null and void, with regard to an applicable legal rule or a final court decision, it shall be deemed unwritten, without thereby invalidating the other clauses contained herein or altering their validity.
Non-Waiver:
The fact that Billabex does not avail itself of one of the clauses of these General Terms of Service shall not be interpreted as a waiver of the right to avail itself of the said clause in the future. Any waiver of one of the stipulations herein must necessarily be subject to written notification.
These General Terms and Conditions came into effect on April 25, 2025, and remain available at any time on the Billabex Site.
PREAMBLE
These General Terms and Conditions of Use and Service (hereinafter the "T&Cs") apply to all contractual relationships between the company BILLABEX, a simplified joint-stock company (SAS) with a share capital of 1000 euros, whose registered office is located at 26 rue Bosquet – 75007 Paris, registered with the Paris Trade and Companies Register (RCS) under number 984 298 505 (hereinafter the "Provider"), and its professional clients (hereinafter the "Client") in connection with the use of the SaaS software platform and the Solution offered by Billabex (the "Solution").
The Provider and the Client shall hereinafter be jointly referred to as the "Parties", or individually as a "Party".The Provider reserves the right to modify these General Terms and Conditions of Use and Service at any time. The applicable General Terms and Conditions of Use and Service are those in effect on the date of the Order.Publisher and Operator of the Solution:
The Solution and the Services are operated by the company Billabex, a simplified joint-stock company (SAS) with a share capital of 1000 euros, registered with the Paris RCS under number 984 298 505, whose registered office is located at 26 rue Bosquet, 75007 Paris.
Billabex does not act as an agent or provider of amicable debt collection services on behalf of the Client but acts exclusively as the publisher of a software solution allowing the Client to manage its own reminders autonomously.
Presentation of the Solution and Services:
Billabex is an innovative SaaS solution, accessible online, allowing professionals to automate and optimize the management of their reminders for unpaid or overdue invoices. Thanks to artificial intelligence, the platform offers personalized multi-channel reminders (emails, SMS, calls, mail, WhatsApp, etc.) while leaving companies in full control of their communications and customer relationships. Billabex acts as a software publisher and does not provide debt collection services on behalf of others.
The Client has the choice between two options:
- Either a monthly subscription plan,
- Or usage-based pricing via a Virtual Wallet.
ARTICLE 1 – APPLICABILITY OF THE T&Cs
Use of the Solution implies full, complete, and unreserved acceptance of these T&Cs. The Client acknowledges that it is acting in its capacity as a professional entity/business as defined by the French Consumer Code. It is understood that any subscription constitutes full, complete, and unreserved acceptance of these T&Cs.
ARTICLE 2 – PURPOSE
The purpose of these T&Cs is to define the contractual terms and conditions for the use of the Billabex Solution, a SaaS platform for automated reminders of unpaid or overdue invoices, by professional Clients.
ARTICLE 3 – CAPACITY – CLIENT'S STATUS
The Client declares that it has the capacity to contract and engage in commercial acts, i.e., that it is a legal entity and/or the legal representative of the legal entity or is specifically and duly authorized for this purpose, or an adult or emancipated minor individual who is a professional entity/business as defined by the French Consumer Code, and not protected by the provisions within the meaning of Article 425 of the French Civil Code.
THE CLIENT DECLARES THAT IT IS A PROFESSIONAL ENTITY/BUSINESS, within the meaning of the definition in the Preamble Article of the French Consumer Code (... "Professional: any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional").
ARTICLE 4 – DEFINITIONS - NATURE OF SERVICES
For the purposes of these T&Cs, the following terms or expressions shall have the following meaning, whether used in the singular or plural:
Subscription: Pricing category, depending on quantitative elements, chosen by the Client for the use of the Solution. The Subscription is chosen by the Client either during an online registration process or under the terms of a document (Specific Terms and Conditions ("CPS"), quote, purchase order, etc.) signed electronically.
Billabex: Refers to the company BILLABEX, publisher of the Solution, as identified at the beginning of these T&Cs.
T&Cs: Billabex's General Terms and Conditions of Use and Service.
Client: Any legal entity or individual with legal capacity acting for professional purposes, who has subscribed to the Services via the Billabex platform.
Account: Personal space created by the Client on the platform, allowing access to the Solution and benefit from the Services.
Subscription Terms: Terms and conditions for acquiring a License to the Solution and Services.
Content: Any information, data, message, invoice, file, or document transmitted or generated via the Solution.
Contract: The whole formed by these T&Cs, any Specific Terms and Conditions ("CPS"), and any order or subscription placed by the Client in the form of a contractual document signed electronically between the Client and Billabex, specifying and/or supplementing these T&Cs.
Personal Data: Any information relating to an identified or identifiable natural person as described in Article 4 of the GDPR.
AI or AI Agent: Autonomous software agent integrated into the Solution, based on artificial intelligence technologies, configured to automatically generate personalized reminder messages according to predefined scenarios.
Credentials: Personal data allowing the Client or an authorized User to access their Account (email address, password, etc.).
License: Right to use the Solution granted to the Client under the terms, conditions, and limits of the Contract; this term shall not be given the meaning or characteristics attributed to it by the French Intellectual Property Code.
User License: Right to use the Solution granted to the User based on the License granted to the Client, from whom the User derives their right.
Party: One of the parties to the Contract, namely Billabex or the Client.
Subscription Period: Duration of the Subscription to the Solution and Services as described in the Subscription Terms.
Payment Provider: Billabex's provider ensuring payment operations for the subscription price.
Virtual Wallet: Prepaid balance associated with the Client's Account, allowing triggering of Services offered by the Solution, debited upon usage.
Services: All functionalities offered by the Solution, including in particular the automated generation of invoice reminders via autonomous AI agents.
Single Sign-On ("SSO"): Single authentication system allowing the User to connect to multiple services with a single identifier.
Site: The website published by Billabex accessible at https://www.billabex.com.
Service Level Agreement ("SLA"): Commitments made by Billabex regarding the Solution's performance levels and Support terms.
Solution: Software platform published by Billabex, accessible in SaaS mode at https://app.billabex.com, allowing the Client to manage its reminders autonomously, with assistance, or automatically.
Support: Service providing assistance with the use of the Solution and/or the resolution of difficulties accessing or using the Solution by the Client.
User: Any person eligible and authorized by the Client to use the Solution via its Account.
ARTICLE 5 – DESCRIPTION OF THE SOLUTION AND SERVICES
The Solution is a software platform designed to assist with amicable debt reminders, automating the sending of reminder messages via different channels (email, SMS, mail, WhatsApp, voice messages, etc.).
It is accessible via the site https://app.billabex.com. Billabex provides a tool, without acting as a debt collection company.The Solution includes software agents equipped with decision-making autonomy based on artificial intelligence technologies. These agents are designed to optimize amicable debt reminders by analyzing situations and formulating appropriate messages.Billabex also publishes a website at https://www.billabex.com (hereinafter the "Site") which includes a blog dedicated to the use of the Solution and Services (hereinafter the "Blog").
It is recalled that the Billabex Solution is a technological tool assisting with amicable debt reminders. Billabex does not at any time act as an agent for its Clients in the management of their accounts receivable, nor as a debt collection company. The Client retains full control over the strategy, content, and relationship with its own customers.
Solution Access Conditions:
Use of the Solution is exclusively reserved for legal entities or individuals with the legal capacity to act for professional purposes. Access requires the creation of a User Account and a prior top-up of the Virtual Wallet.
Solution Subscription:
The Client may subscribe to either a Subscription Plan or usage-based pricing.The Client may subscribe to a Subscription Plan allowing it to acquire one or more usage licenses for the Solution (hereinafter the "Subscription"), which it may distribute to persons of its choice (hereinafter the "User(s)") under the conditions defined below.
The Client expressly acknowledges and accepts that any Subscription, regardless of the terms, constitutes a firm and final order for the use of the Solution. Any cancellation or withdrawal occurring after payment will be governed by the provisions of Article 8, Section 2.Similarly, the Client expressly acknowledges and accepts that any top-up of the Virtual Wallet constitutes a firm and final order for the use of the Solution.
Right to Use the Solution (License):
Under the terms of the Contract, Billabex grants the Client a personal, non-exclusive, non-assignable, and non-transferable right to use the Solution (the "License"), for the duration of the Contract, according to the characteristics of the subscribed Offer and the conditions stipulated in these T&Cs and any CPS.
The License means the right to access and use the Solution and Services in accordance with their intended purpose, in SaaS mode via a connection to an electronic communication network.
The Client is prohibited from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
The Client may under no circumstances rent, sublicense, or make the Solution available to third parties other than a User, under the conditions and within the limits provided in these T&Cs.The conditions for accessing the Solution are those provided in the subscribed Subscription Plan and/or any CPS signed by the Client.
Any modification of all or part of the elements of the subscribed Offer must be subject to the express agreement of the Parties.The License granted to the Client by the Contract includes the right to designate and modify the list of Users who may access and use the Solution, provided an Account is created and within the limit of the number of User Licenses provided for in the subscribed Offer.
The Client is solely responsible for the conditions under which the Users it has chosen and designated use the Solution, and is solely responsible for their failures/breaches.Billabex reserves the right to integrate automatic filtering systems to refuse the generation or sending of any content violating the law or public morals, without prior notification.
ARTICLE 6 – BILLABEX'S OBLIGATIONS
It is recalled that the company Billabex does not under any circumstances act as an agent or provider of amicable debt collection services on behalf of the Client but acts exclusively as the publisher of a software solution allowing the Client to manage, automate, using artificial intelligence, its own reminders for unpaid invoices autonomously.
The Provider undertakes, under a best efforts obligation, to:
- Ensure the accessibility and proper functioning of the Solution, under the conditions provided in these T&Cs, to allow the Client to use it, under the terms and conditions of the Contract, subject to maintenance periods, interruptions beyond its control, or cases of force majeure;
- Provide standard level technical assistance, including through Support, via the contact methods indicated on the Site (via email, chatbox, or video conference) during the hours defined in the applicable commercial conditions / or between 9 am and 6 pm on business days. Billabex undertakes to provide the Client and its Users with Support, the conditions of which depend on the subscribed Subscription Plan and whose characteristics are specified in the SLAs;
- Provide the Solution and store the Content diligently and according to industry standards;
- Ensure a high level of security, particularly regarding the confidentiality, integrity, and availability of the data processed by the Solution;
Ensure a level of services and performance of the Solution in accordance with the commitments formalized in the Service Level Agreement ("SLA") appendix applicable according to the subscribed Subscription Plan;
- Inform the Client in case of a critical incident or bug affecting access or functioning of the Solution;
- Implement control mechanisms for the AI agents to prevent the generation of manifestly illicit or contrary to public morals content;
- Comply with its obligations regarding personal data protection, in accordance with the GDPR and its Privacy Policy.The Solution and Services may be subject to changes, variations, or extensions by Billabex at any time, provided that these modifications do not substantially compromise the nature or quality of the Solution and Services to which the Client has subscribed.
The following are considered non-substantial modifications, in particular: Solution updates, new Solution developments, maintenance, system compliance updates, network changes for data transmission, changes in geographical location for server hosting.
ARTICLE 7 – CLIENT'S OBLIGATIONS
Without prejudice to other obligations stipulated in these T&Cs and any CPS, the Client (including all Users to whom the Client has granted the right to use its Account) undertakes to:
- Comply with applicable laws and regulations and the rights of third parties, and not infringe upon the rights of third parties or public order;
- Use the Solution in accordance with its intended purpose, within a strictly professional context, complying with applicable legal and regulatory provisions and the provisions of these T&Cs;
- Ensure the accuracy, legality, and relevance of the content, invoices, files, or data that it integrates or transmits via the Solution. In this regard, the Client warrants that they are lawful, do not infringe upon public order, public morals, or the rights of third parties, do not violate any legislative or regulatory provision, and more generally, are not in any way likely to incur the civil or criminal liability of Billabex;
- Not divert the Solution from its normal use, particularly for fraudulent, illicit purposes, or in violation of the rights of third parties;
Assume sole responsibility and consequences for any developments and connections it may create or implement to connect Billabex's integrations and/or API to its own accounting tools, invoicing tools, or CRM;
- Maintain the confidentiality of its Credentials and ensure their strictly personal use or use only by its authorized Users. In this regard, the Client warrants that the Users personally use the Solution and Services and not allow any third party to use them in their place or on their behalf. Users are strictly prohibited from communicating their username and password to third parties. The Client undertakes not to use a generic or shared username for multiple people;
- Control the autonomous artificial intelligence agent(s) (AI); indeed, the Client retains the ability to activate, supervise, and deactivate these agents;
- Inform Billabex without delay in case of unauthorized or suspicious use of its Account or abnormal behavior of an AI agent. In such a case, the Client acknowledges Billabex's right to take all appropriate measures.
- Pay the price of the Services or the subscribed Subscription Plan under the terms and within the deadlines set out in these T&Cs and any CPS, and according to the terms specified in Article 9 Financial Terms and Pricing of Services;
- Maintain a positive balance in its Virtual Wallet to ensure Service continuity;
Refrain from any action likely to impair the security, stability, or performance of the Solution (e.g., overloads, intrusion attempts, etc.).
The Client acknowledges having read on the Site and in the description of the services provided the characteristics, constraints, and performance, particularly technical, of all the Services.
The Client is solely responsible for the proper use of the Solution and Services, in accordance with the performance level chosen in the Subscription Terms.
The Client is solely responsible for its use of the Services, the relationships that the Users may form with each other, and the information that will be communicated within the framework of the Services.
The Client undertakes to make strictly personal use of the Services. It is consequently prohibited from assigning, conceding, or transferring all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.
The Client is solely responsible for the content it disseminates. It warrants to Billabex that it has all necessary rights and authorizations for the dissemination of this content.
ARTICLE 8 – DURATION AND TERMINATION
The Contract takes effect on the date of its subscription, unless otherwise provided in the CPS; however, access to the Solution remains subject to payment of the price agreed upon conclusion of the Contract.
Depending on the pricing model chosen by the Client, the contractual relationship is adapted as follows:
Monthly Subscription Plan:
The Contract is subscribed for a fixed term defined in the chosen Subscription Plan or the CPS. The subscription will then be tacitly renewed for monthly periods. Each commenced period is fully due, regardless of the date of termination or cessation of use of the Solution; The Client may terminate the Contract at any time for the monthly subscription plan, by sending a termination request at least one (1) month before the monthly renewal date. This termination request must be sent by any means that can attest to its proper receipt by Billabex.
The termination will take effect at the end of the current period and will not give rise to any pro-rata refund.
The Contract will remain in effect until its term, the Client remaining liable for the agreed price. Non-renewal of the Contract under the terms of these provisions will not result in the payment of any compensation.
Usage-Based Plan (per invoice or per message billing):
The Contract is activated upon each top-up of the Virtual Wallet, without commitment to duration, and remains valid as long as the balance is positive.
The Client may terminate this plan at any time by simply ceasing to use the Solution. However, any amounts credited and remaining in the Virtual Wallet at the time of termination shall be retained by the Provider and will not be subject to a refund.
Thus, the Client expressly acknowledges and accepts that any top-up of the Virtual Wallet, regardless of the terms, constitutes a firm and final order for the use of the Solution.
The Client expressly acknowledges and accepts the firm nature of any order and particularly that any top-up of the Virtual Wallet, regardless of the payment method, constitutes a firm and final order for Services, and that it will not give rise to any refund, including in case of early termination.
Furthermore, Billabex reserves the right to terminate the Contract automatically, at any time and without compensation, in case of:
Substantial violation of the T&Cs by the Client (non-compliance with the use of the Solution, payment default, use contrary to law or public order, etc.);
Prolonged inactivity of the Client (zero balance for more than six (6) consecutive months).
In case of breach or total or partial non-performance of its obligations by one of the Parties, the injured Party may send a formal notice to the defaulting Party requiring it to perform its obligations, by registered letter with acknowledgment of receipt.
Without prejudice to potential damages, the injured Party may, if it deems appropriate, terminate the Contract automatically and with immediate effect if the non-performance referred to in the preceding paragraph has not been remedied within fifteen (15) days.
Users may delete their Account at any time.
Account deletion does not entail termination of the Contract, which can only occur according to the terms provided above.
Account deletion results in the destruction of all data related to the Account, which the User accepts. If the User wishes to retain the content uploaded to their Account, they can export the content from their Account before requesting deletion.Termination of the Contract results in the closure of the Client Account and the deletion of access to the Solution. Data may be deleted or archived according to the terms provided in the article concerning Personal Data. No refund may be claimed for amounts already billed or consumed.
ARTICLE 9 – FINANCIAL TERMS AND PRICING OF SERVICES
Pricing Terms - Price of Services:
The price of the Subscription is that indicated in the Subscription Terms or the CPS. Unless otherwise stated, prices are expressed in euros and exclude taxes.
The Services offered by Billabex are accessible according to different economic models, chosen by the Client upon subscription:
- Transaction-Based Pricing: €8 excluding taxes per invoice uploaded or transferred to an AI agent;
- Message-Based Pricing: €0.90 excluding taxes per message sent by an AI agent;
- Fixed Monthly Subscription, including a certain volume of actions (according to the chosen plan).
Tiered or volume-based pricing may be offered depending on volume. Detailed conditions are found in the Subscription Terms or any CPS concluded between the Parties.
Price Changes:
Unless otherwise agreed, prices may change according to the following terms:
- In case of a revision, Billabex will inform the Client by any written means (including email), one (1) month before the new prices take effect;
- Failing termination by the Client within the deadline before the new prices take effect, these will be deemed accepted.
Once effective, the new prices apply upon Contract renewal.
Virtual Wallet:
For Clients opting for usage-based pricing, access to the Services is conditional upon prior top-up of a Virtual Wallet, available from the Client Account.
As indicated previously, each top-up constitutes a firm and final order, non-refundable, except in case of gross negligence by Billabex in the performance of the Services.
Billing Terms:
The Services are subject to automatic monthly or annual billing depending on the option chosen by the Client, or billing by Virtual Wallet top-up.
With the aim of reducing its environmental impact, Billabex does not send paper invoices.
All invoices are issued in electronic format only, and made available in the Client area or sent by email. The Client expressly accepts this transmission method as equivalent to an original invoice.
Payment Terms:
Payment of the price can be made online, by credit card, by bank transfer, or by direct debit (SEPA), via the payment provider indicated on the Site (hereinafter: the "Payment Provider"), or by any other means agreed between the Parties.
Credit card payment is implemented by the Payment Provider, who alone processes and retains the Client's bank details for this purpose.
Payment is due on the date of subscription and upon each renewal, or at the time of each Virtual Wallet top-up.
The Client warrants to Billabex that it has the necessary authorizations to use the chosen payment method. It undertakes to take the necessary measures for the automatic debit of the Contract price.
Payment Delays and Incidents:
Any payment delay automatically entails:
- Billing of late payment interest equal to three (3) times the legal interest rate, starting from the day after the due date;
- Application of a fixed indemnity of 40 euros for collection costs, in accordance with Article D441-5 of the French Commercial Code;
And, where applicable, immediate suspension of access to the Solution, or even termination of the Contract under the conditions provided in these T&Cs.Additional penalties may be claimed in case of higher collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
ARTICLE 10 – DATA OWNERSHIP
The Client is and remains the sole owner of the Content.
It warrants to Billabex that it has all necessary authorizations for its storage and dissemination and remains solely responsible for the Content.Billabex owns all usage data generated by the Client and/or its Users, used for statistical purposes and improvement of the Solution and Services.
ARTICLE 11 – PERSONAL DATA
Billabex and the Client undertake to comply, each concerning their respective responsibilities, with the provisions of the French Data Protection Act No. 78-17 of January 6, 1978, as updated (hereinafter: the "Data Protection Act") and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, hereinafter: the "GDPR").
The nature and terms of the personal data processing that may be carried out by Billabex are governed by the provisions of the "Privacy Policy" appendix.
Respective Roles of the Parties:
In the context of using the Solution, Billabex is required to process two categories of personal data:
- Client data (e.g., identity of the representative, authorized users, payment methods) as a data controller, for managing the contractual relationship, billing, support, and sending information related to the Services;
- Third-party data (e.g., debtors) integrated by the Client (invoices, contact details) in the context of using the Solution. The Client acts here as a data controller, and Billabex as a data processor within the meaning of Article 28 of the GDPR.
Data Processed and Purposes:
Billabex collects and processes data strictly necessary for:
- The creation and management of Client Accounts;
- Billing and payment tracking;
- Technical assistance and contractual communication;
- The functioning of the Solution and triggering of reminders;
- Compliance with its legal and regulatory obligations.
Billabex's Commitments as a Data Processor:
When Billabex acts on behalf of the Client (e.g., processing debtor contact details), it undertakes to:
- Process data only on documented instructions from the Client;
- Ensure the confidentiality and security of the processed data;
- Notify the Client without undue delay in case of a data breach;
- Reasonably cooperate with the Client to assist it in its obligations related to the GDPR;
- Delete or return the data at the end of the Contract, according to the Client's instructions.
Retention Period:
Data is retained for the duration of the contractual relationship, then archived for a maximum period of five (5) years, unless otherwise required by law or requested by the Client for deletion (excluding litigation cases).
Rights of the Client and Data Subjects:
In accordance with applicable regulations, every data subject has a right of access, rectification, erasure, opposition, restriction of processing, as well as a right to data portability.
The Client may exercise these rights by sending a request (https://www.billabex.com/en/contact-us) or by any means specified in the Privacy Policy.
Hosting and Security:
Data is hosted within the European Union in secure data centers. Billabex implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Privacy Policy:
For more information, the Client is invited to consult the Privacy Policy accessible at any time on the Site.
ARTICLE 12 – USE OF ARTIFICIAL INTELLIGENCE AND ASSOCIATED LIMITATION OF LIABILITY
Solution and Services Including Autonomous Artificial Intelligence (AI) Agents:
The Solution includes software agents equipped with decision-making autonomy based on artificial intelligence technologies. These agents are designed to optimize amicable debt reminders by analyzing situations and formulating appropriate messages.
Client Control:
By default, the Client retains the ability to activate, supervise, and deactivate these agents. In any case, the Client remains responsible for the content sent when it has the ability to review it before sending.
Autonomous Disclaimer Clause:
The Client expressly accepts that Billabex cannot be held responsible for the consequences of a message formulated by the AI agent, except in case of gross negligence in the design, or serious negligence in the overall control of the algorithm, provided that such gross negligence or serious negligence is proven.
Exclusion of Certain Damages:
The company Billabex can under no circumstances be held liable for indirect commercial damages, including, but not limited to:Loss of revenue/turnover,Damage to the Client's company's reputation or image,Breakdown or deterioration of a business relationship,Loss of a chance or opportunity.
Cases of Illicit or Inappropriate Content:
Billabex implements filters and control systems aimed at preventing the production of illicit content (including racist, sexist, homophobic, defamatory remarks, etc.).
Nevertheless, if manifestly illicit content were accidentally generated by an AI agent, Billabex undertakes to:
- Immediately suspend the affected agent upon simple notification from the Client,Fully cooperate to correct and explain the anomaly
- Examine the situation on a case-by-case basis to determine if fault is attributable to Billabex or to incorrect Client configuration.
Guarantee of Proper Functioning and Limit of Compensation:
The Client acknowledges that the Services rely on constantly evolving technologies and accepts the risks and limitations inherent in AI systems. In any event, Billabex's liability is capped at two (2) months of average consumption on the Client's Virtual Wallet over the last six (6) months.
ARTICLE 13 – PROVIDER'S RESPONSIBILITIES AND WARRANTIES
Billabex undertakes to provide the Solution and Services in accordance with industry standards, and in this regard, it is recalled that the Provider is subject to a best efforts obligation. Billabex's liability can only be engaged in case of proven fault, directly attributable to its personal action in the performance of its contractual obligations.Billabex warrants that the Solution does not constitute an infringement of prior rights and does not violate the rights of third parties.
Solution Functioning:
Billabex does not guarantee that the Solution will be free from anomalies or errors, nor that it will function without interruption.
Billabex does not guarantee to Clients (i) that the Services, subject to constant research for improvement, particularly in performance and progress, will be entirely free from errors, defects, or faults, (ii) that the Services, being standard and not specifically offered solely for the Client's needs, will specifically meet its needs and expectations.
Nevertheless, Billabex implements all reasonable means to:Ensure a minimum availability of 99.9% excluding scheduled maintenance;
Correct blocking bugs within a reasonable timeframe;
Secure access and exchanges in accordance with market standards.
Limitation of Liability:
Unless otherwise required by mandatory legal provisions, Billabex's liability, for all causes combined, is strictly limited to the only direct, foreseeable, and certain personal damages suffered by the Client (who must be up to date with all payments), and the amount of compensation will be capped and cannot exceed, in any case, an amount equivalent to 2 monthly payments due and effectively paid by the Client under the Contract or, in case of annual billing, one-sixth (1/6th) of the annual fee.
In no event shall Billabex be held liable for indirect damages, such as: loss of revenue/turnover, loss of customers, damage to reputation/image, loss of data, commercial prejudice or loss of profit, including if it was informed of the possibility of such damages.
Disclaimer of Warranty on Automated Decisions:
The Client is informed that certain messages or actions may be automatically generated by software agents equipped with artificial intelligence. Although these agents are designed to operate within a predefined and ethical framework, Billabex offers no warranty as to the relevance or legality of the automatically generated content in case of autonomous use.The Client retains the responsibility to verify the generated content.
Cases of Exemption from Liability:
In addition to what is provided in Article 12 above, Billabex's liability cannot be engaged in the following cases:
- Misuse of the Solution by the Client or by an unauthorized User;
- Incorrect or faulty configuration or integration of the Solution by the Client into its invoicing, accounting, or CRM tools;
- Unavailability resulting from the host or the Payment Provider;
- Intervention of an unauthorized third party;
- Client's failure or negligence in the performance of its own obligations;
- Force majeure as defined in Article 1218 of the French Civil Code;
- Interruption of Services or damages related to: a decision by authorities; difficulty of access related to the quality of the internet and mobile phone networks;
- Interruption of Services or damages related to non-compliant use of the Solution and Services with respect to the T&Cs;
- Interruption of Services or damages related to abnormal or fraudulent use by the Client;
- Interruption of Services or damages related to Users or third parties requiring service
- interruption for security reasons;
- Interruption of Services or damages related to difficulty accessing the Solution related to a technical maintenance operation aimed at its improvement; difficulty accessing or using the Solution and Services related to an incident occurred within Billabex's providers (in particular hosting provider); difficulty or slowdown in the use of the Solution and Services related to the intrusion of a computer virus, worm, Trojan horse, adware, spyware, scareware, backdoor, DDoS attack, botnet attack, or any other computer malware introduced by a third party;
The nature and/or quality of the Content that the Client and its Users upload to the Solution.
Temporary Suspension of Services:
In case of necessity (maintenance, security, update), Billabex may temporarily suspend all or part of the access to the Solution, without giving rise to any compensation. To the extent possible, the Client will be notified beforehand by any useful means.
ARTICLE 14 – CLIENT'S RESPONSIBILITIES AND WARRANTIESResponsibility for Use:
The Client is solely responsible for its use of the Solution, the Services, and the generated results, including those resulting from software agents equipped with artificial intelligence (hereinafter, "AI Agents"), as defined in Article 12.
It is its responsibility to verify the relevance, legality, and compliance of the messages, reminders, or content generated via the Solution, according to its own objectives, regulatory obligations, and its business relationship with its customers or partners.
Data Transmitted and Settings:
The Client warrants that all data integrated into the Solution (invoices, debtor contact details, reminder scenarios, template messages, etc.) are:
- Accurate, lawful, and free from any defect or error likely to infringe upon the rights of third parties;
- Transmitted fairly, with the consent or prior information of the data subjects, in accordance with GDPR rules;
- Compatible with the purposes of the automated reminder processing implemented via the Solution.The Client is responsible for the behavior of the AI Agents triggered in its Account, including in case of use in fully autonomous mode.
Supervision and Validation of AI Actions:
When the Solution provides for actions generated by the AI Agents, the Client is required to carefully review them before sending.
Otherwise (activation of fully autonomous operation), it fully assumes the risks related to decisions, formulations, or potential errors generated without supervision.
The Client expressly acknowledges and accepts that Billabex cannot be held responsible for the commercial or legal consequences related to automatically generated content, except in case of gross design negligence or proven dysfunction, as specified in
Article 12. Security and Access:
The Client undertakes to:
- Maintain the confidentiality and security of its Credentials;
- Limit access to the Solution to its authorized Users;
- Immediately report any identified breach or fraudulent use.
Content Compliance:
The Client undertakes not to use the Solution for purposes that are:
- Illicit, fraudulent, defamatory, or contrary to public order;
- Infringing upon the image or reputation of third parties;
- Aimed at generating or distributing discriminatory, hateful content, or content contrary to public morals.
Indemnification:
The Client indemnifies and holds Billabex harmless against any claim, action, or recourse from a third party (including a debtor), resulting from:
- The use of the Solution by the Client or its Users,
- Automated decisions unsupervised by the Client,
- Or non-compliance with the obligations defined in these T&Cs, particularly those related to the use of AI Agents.
This indemnity covers all defense costs, indemnities, penalties, damages, or other charges that Billabex may be required to bear as a result of this violation.
Furthermore, and generally, the Client indemnifies Billabex against any complaint, claim, action, and/or demands whatsoever that Billabex may suffer due to the violation by the Client or its Users of any of its obligations or warranties under these T&Cs and any CPS or a violation of applicable laws and regulations.It undertakes to indemnify Billabex for any harm it may suffer and to pay all costs, charges, and/or judgments it may have to bear as a result. In case of fraudulent use of the Client's or its Users' credentials due to fault or negligence attributable to the latter, or to any advised User under its control or hierarchical authority, the Client will be liable to Billabex for any data loss or deterioration, of whatever nature, and more generally for any damage suffered due to unauthorized use of the Solution and Services.
ARTICLE 15 – CONFIDENTIALITY
Each Party shall ensure the protection of any information brought to its knowledge by the other Party in the context of the Contract. Each Party is prohibited from disclosing any information provided by the other Party, technical formula, or concept of which it may have become aware during the Contract.
ARTICLE 16 – PROVIDER'S INTELLECTUAL PROPERTY
All software, information presentations, games, denominations, trade names, texts, comments, images, illustrations, product or service marks, inventions, and, in general, any creation, of whatever kind, accessible through Billabex's sites, and in particular all elements of the Solution, remain the exclusive property of Billabex.
The Client remains the owner of all intellectual property rights it holds over the Content it uploads to the Solution.
The Client is not authorized hereunder to:
- Copy, print, transfer, transmit, or display all or part of the Solution and the content disseminated on the Site and the Blog;Sell, rent, sublicense, or distribute the Solution in any way whatsoever;
- Use the Solution to provide data processing services, time-sharing services, or other similar services of whatever nature, to any other individual, company, or entity;
- Use the Solution other than for internal and personal purposes;
- Modify the Solution and/or merge all or part of the Solution into other computer programs; compile the Solution, decompile it, disassemble it, translate it, analyze it, perform reverse engineering activities or attempt to do so.
The Client acknowledges that all legal intellectual property rights in or relating to the Solution belong to Billabex, and that it has no other right to the Solution than that of using it in accordance with these General Terms of Service.
ARTICLE 17 – GOVERNING LAW – JURISDICTION
These T&Cs are governed by French Law.Disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of the Contract will be subject to a prior amicable settlement attempt between the Parties.In case of dispute regarding the validity, interpretation, and/or performance of these T&Cs, the Parties agree that the courts of Paris shall have exclusive jurisdiction to hear them, unless otherwise required by mandatory procedural rules.
ARTICLE 18 – MISCELLANEOUS PROVISIONSCommercial References:
The Client, being a professional entity/business, expressly authorizes Billabex to cite it and, where applicable, use reproductions of its trademarks or logo as commercial references, notably during events, in its commercial documents, and on its website, in any form whatsoever.
Assignment:
The Client may not assign its obligations arising hereunder to a third party without Billabex's written authorization. The request must be made by any written means of communication at least thirty (30) days before the said assignment.
In case of no response within fifteen (15) days from receipt of the written request, Billabex shall be deemed to have refused the assignment.Billabex may at any time transfer, assign, or contribute to a third party, in any form whatsoever, all or part of its rights or obligations arising hereunder, after having previously informed the Client, who shall not object.
Modifications:
Billabex reserves the right to modify these T&Cs at any time. The Client will be informed of these modifications by any useful means at least thirty (30) days before they take effect.
A Client who does not accept the modified T&Cs must terminate their current subscription plan and unsubscribe from the Solution and Services according to the terms provided in these T&Cs; otherwise, the modified T&Cs will apply to the Client upon the first renewal of the Contract.
Agreement on Proof:
The Client expressly acknowledges and accepts:
- that the data collected on the Solution and Billabex's IT equipment shall be evidence of the reality of the operations carried out hereunder,
- that this data constitutes the primary mode of proof accepted between the Parties, particularly for the calculation of amounts due to Billabex, unless proven otherwise by the Client.
The Client or its Users can access this data from their Account.
Language:
In the event of a translation of these T&Cs into one or more languages, the language of interpretation shall be French.
Severability:
If any stipulation herein proves to be null and void, with regard to an applicable legal rule or a final court decision, it shall be deemed unwritten, without thereby invalidating the other clauses contained herein or altering their validity.
Non-Waiver:
The fact that Billabex does not avail itself of one of the clauses of these General Terms of Service shall not be interpreted as a waiver of the right to avail itself of the said clause in the future. Any waiver of one of the stipulations herein must necessarily be subject to written notification.
These General Terms and Conditions came into effect on April 25, 2025, and remain available at any time on the Billabex Site.
