Terms of Service and Sales

1. Purpose and acceptance

The purpose of these Terms of Service and Sales (hereinafter the « Terms ») is to define the conditions under which Brifay, a French single-shareholder simplified joint-stock company (SASU) whose registered office is specified in the legal notice (hereinafter « Brifay »), makes available to any legal entity or natural person acting in a professional capacity (hereinafter the « Customer ») its computerised maintenance management software, accessible in SaaS mode on the app.brifay.com website and via the Brifay mobile application (hereinafter the « Service »).

Creating an account, subscribing to a paid plan or using the Service entails full and unreserved acceptance of these Terms. If you do not accept these Terms, you must not use the Service.

The Service is intended for professional use (B2B). The Customer declares that it is acting for the purposes of its professional activity.

2. Definitions

3. Description of the Service

Brifay is a computerised maintenance management (CMMS) software intended for companies and public sector organisations. It enables in particular:

• Management of work requests (creation, follow-up, closure, messaging);
• Management of equipment and sites (inventory, manual geolocation, history);
• Planning of preventive and corrective maintenance;
• Assignment of interventions to internal teams or external service providers;
• Cost tracking and reporting;
• Assistance from the AI agent Brio (voice dictation, duplicate detection, cost estimation, suggestions). Brio can be enabled or disabled at the organisation level by role.

The detail of features per Plan is set out on the Pricing page and may change over time. Brifay undertakes not to substantially degrade features already paid for during an ongoing subscription period.

4. Registration and account

4.1 Account creation

Access to the Service requires the creation of an account. The Customer warrants that the information provided at registration (in particular company name, email, identity of the legal representative) is accurate, truthful and up to date, and undertakes to update it in case of any change.

4.2 Credentials and confidentiality

The username and password are strictly personal and confidential. The Customer and its Users are solely responsible for their safekeeping and for any use, authorised or not, made of their account. Any suspected compromise must be reported without delay to [email protected].

4.3 Capacity

The User warrants that they have the legal capacity to subscribe to the Service and, when acting on behalf of a legal entity, that they have the necessary authority to bind it.

5. Plans, pricing and billing

5.1 Plans, pricing and VAT

The Plans, their features and their current prices are described on the Pricing page. Prices are stated in euros (€) and are exclusive of taxes. French value-added tax (VAT) at the applicable statutory rate is added where applicable.

For business Customers established in another European Union member state and holding a valid intra-Community VAT number, the invoice is issued without French VAT under the reverse charge mechanism: VAT is then accounted for by the Customer in its country of establishment. The Customer provides its intra-Community VAT number at subscription; absent a valid number, French VAT applies.

5.2 Pricing model

Brifay offers monthly or annual pricing per active User. Requesters (Users who report an issue without accessing management features) are free and unlimited on all paid Plans.

5.3 Price changes

Brifay reserves the right to change its prices at any time. Any price change is notified to the Customer at least thirty (30) days before it takes effect, by email or by notification within the Service. New prices apply from the next billing date. Failing acceptance, the Customer may terminate the subscription without penalty before the new pricing takes effect.

6. Free trial period

All paid Plans (Starter, Pro and Business) can be tried free of charge for a period of fourteen (14) calendar days from subscription. During the trial, the Customer has access to all features of the chosen Plan.

• A valid payment card is required at registration. No amount is charged during the trial period.
• The Customer may end the trial at any time from the subscription management area, at no cost.
• At the end of the 14 days without termination, the chosen Plan is automatically charged according to the payment terms (article 7).
• In case of termination during the trial, the account switches to the Free Plan and the Customer Data is retained under the conditions of article 11.

The Free Plan does not include a trial period and is available free of charge on a permanent basis, within the features and User limits defined on the Pricing page.

7. Payment terms

7.1 Payment provider and invoice issuer

The collection of payments is handled by Stripe Payments Europe, Ltd., an authorised payment services provider. Brifay does not store any payment card data. The Customer accepts the applicable Stripe terms at the time payment information is provided.

Stripe handles payment collection only: it is not the issuer of the legal invoice. The issuance of the invoice is performed by Pennylane (see article 7.4). Any receipts or supporting documents produced by Stripe do not constitute the invoice for tax purposes.

7.2 Payment methods

Payment cards from the main networks are accepted (Visa, Mastercard, American Express). Other payment methods may be offered depending on the Customer's country.

7.3 Frequency and direct debit

Subscriptions are billed in advance, on a monthly or annual basis depending on the Customer's choice. Payment is taken on the subscription anniversary date, using the registered payment method.

7.4 Invoices

Invoices are issued by Pennylane, an accredited platform (French "plateforme agréée" – PA, formerly "partner dematerialisation platform" – PDP), in the Factur-X electronic invoice format. They are made available to the Customer in the customer workspace of the application and retained for ten (10) years, in accordance with accounting obligations.

This arrangement falls within the French electronic invoicing reform (mandatory receipt from 1 September 2026, mandatory issuance for SMEs from 1 September 2027), which requires B2B invoices to transit through an accredited platform. Invoices constitute legally admissible evidence, in accordance with Article 1366 of the French Civil Code.

7.5 Payment default

In case of payment failure, Brifay informs the Customer and makes further attempts. If payment remains outstanding after fifteen (15) days, Brifay reserves the right to suspend access to the Service after a formal notice that has remained without effect, and, failing remedy within the following thirty (30) days, to terminate the subscription as of right, without prejudice to any damages.

7.6 Late payment penalties (B2B)

In accordance with Article L.441-10 of the French Commercial Code, any sum unpaid on its due date entails, as of right and without prior formal notice, the application of late-payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points, together with a fixed recovery costs indemnity of forty (40) euros.

8. Term, renewal and termination

8.1 Term

The subscription is entered into for the term of the chosen Plan (monthly or annual). It takes effect on the subscription date (or at the end of the trial period, if applicable).

8.2 Tacit renewal

The subscription is automatically renewed at the end of each period, for an identical period, unless terminated under the conditions below. In accordance with Article L.215-1 of the French Consumer Code, where the Customer qualifies as a consumer, Brifay informs them in writing, at the earliest three months and at the latest one month before the end of the period, of the possibility of not renewing the subscription.

8.3 Termination by the Customer

The Customer may terminate the subscription at any time from the subscription management area or by writing to [email protected]. Termination takes effect at the end of the current period: no pro-rata refund is due for the period started, except where mandatory law provides otherwise (see also article 8.6).

8.4 Termination by Brifay

Brifay may suspend or terminate access to the Service:

• In case of serious breach by the Customer of its obligations (payment default, fraudulent use, harm to the security or integrity of the Service);
• After a formal notice that has remained without effect for thirty (30) days;
• Without notice in case of particularly serious or repeated breach, in particular affecting the security or reputation of Brifay or the rights of third parties.

8.5 Consequences of termination

Upon termination, access to the Service is disabled. For a period of thirty (30) days following termination, the Customer may request, in writing to [email protected], the return of a complete export of its Data. After this period, the Customer Data is deleted or anonymised, save for any legal retention obligation (invoicing, accounting). Details are set out in the privacy policy.

8.6 Refunds and credit notes

All paid Plans (Starter, Pro and Business) benefit, before any charge, from a fourteen (14) day free trial period (article 6) allowing the Customer to evaluate the Service with no commitment or payment. This trial period serves as the evaluation guarantee: in accordance with article 8.3, no refund is due once the subscription has been invoiced.

Brifay may nonetheless, at its sole discretion and without this constituting a right for the Customer, issue a refund, in particular in the event of a billing error. Any refund then gives rise to a credit note linked to the relevant invoice and to a refund to the original means of payment, within a few business days (the actual credit then depends on the Customer's bank's processing times).

9. Customer's obligations

The Customer undertakes to:

• Use the Service in accordance with these Terms, the Documentation and applicable law;
• Ensure that its Users comply with these Terms;
• Refrain from any use that infringes third-party rights, public order or accepted standards of conduct;
• Refrain from introducing into the Service any unlawful, defamatory, abusive, infringing content or content contrary to applicable laws;
• Not attempt to bypass security measures, perform reverse engineering, decompile or disassemble the Service, except in cases permitted by law;
• Not overload the Service in an artificial or automated way (mass scraping, unauthorised load testing);
• Keep credentials confidential and report any compromise without delay;
• Hold the rights and authorisations necessary for the Customer Data it introduces into the Service.

Any breach of these obligations may result in suspension or termination of the Service, without prejudice to any damages Brifay may claim.

10. Availability and maintenance

10.1 Best-efforts obligation

Brifay undertakes, on a best-efforts basis, to provide a Service accessible and operational 24/7. Use of the Service requires a working internet connection, the provision of which is the responsibility of the Customer.

10.2 Scheduled maintenance

Brifay may temporarily suspend the Service for maintenance. Planned operations are, as far as possible, carried out outside business hours and announced by notification within the Service or by email.

10.3 Corrective maintenance

In case of an incident, Brifay applies reasonable diligence to restore the Service as soon as possible. The Customer may check the status of the Service and report an incident via the contact page or the built-in support feature.

10.4 Evolution of the Service

Brifay reserves the right to develop the Service, add, modify or remove features, provided that it does not substantially degrade the essential features already paid for during an ongoing subscription period.

11. Customer Data

11.1 Ownership

The Customer retains full ownership of the Customer Data. Brifay holds, over this data, only the rights strictly necessary for the performance of the Service.

11.2 Licence granted to Brifay

The Customer grants Brifay, for the term of the contract and within the limits of what is necessary to provide the Service, the non-exclusive right to host, copy, transmit, display and process the Customer Data. This licence ends upon termination of the contract, except for what is necessary to comply with a legal retention obligation.

11.3 Portability

The Customer may, at any time, export its Data from the application in the formats offered (CSV, JSON, PDF depending on the module). At the end of the contract, a complete export may be obtained on request for thirty (30) days (article 8.5).

11.4 Personal data

The processing of personal data is governed by the privacy policy and, where applicable, by the Data Processing Agreement (DPA) which may be entered into on request for Customers acting as data controller. Brifay acts as a subprocessor within the meaning of Article 28 GDPR for the personal data of Users and third parties processed on behalf of the Customer.

12. Subprocessors and data location

To provide the Service, Brifay relies on the following subprocessors. The up-to-date list is set out in the privacy policy.

Any change to this list likely to affect the protection of the Customer Data is notified in advance, in accordance with Article 28 GDPR.

13. Intellectual property

13.1 Ownership of the Service

The Service, its Documentation, its interface, its source code, its databases, its trademarks and its logos are the exclusive property of Brifay or its licensors. No provision in these Terms shall be construed as a transfer of ownership to the Customer.

13.2 Licence to use

Brifay grants the Customer, for the term of the subscription and within the limits of the features of the subscribed Plan, a strictly personal, non-exclusive, non-assignable and non-transferable right to use the Service. Any use beyond this scope requires Brifay's prior written consent.

13.3 Feedback and suggestions

The Customer may send Brifay suggestions or feedback on the Service. The Customer grants Brifay, free of charge, a non-exclusive, perpetual right to freely use such feedback for the purposes of improving the Service, without this conferring any right over the Customer Data.

14. Security and confidentiality

Brifay implements appropriate technical and organisational measures to protect the Customer Data in accordance with Article 32 GDPR:

• Encryption of data in transit (TLS/HTTPS) and at rest (AES-256);
• Multi-tenant isolation ensuring that a User only accesses data of their Organisation;
• Authentication via secure tokens (JWT), hashed passwords (bcrypt);
• Hosting in SOC 2 and ISO 27001 certified data centres;
• Regular automatic backups and access logging;
• Data breach notification procedure (72 hours to the CNIL, France's data protection authority, under Article 33 GDPR).

Details are set out in the dedicated section of the privacy policy. Each Party undertakes to keep confidential the non-public information exchanged in the context of the contract, throughout its term and for three (3) years after its end.

15. Warranties

Brifay warrants the conformity of the Service to its Documentation and its fitness for ordinary professional use as a CMMS. Brifay also warrants that it does not infringe third-party intellectual property rights, and shall defend the Customer in case of action based on such an infringement, provided that Brifay is informed without delay and is allowed to lead the defence.

Apart from the warranties expressly provided for in these Terms and by law, the Service is provided « as is » and Brifay provides no other warranty, express or implied, in particular as to fitness for a particular purpose or absence of interruption.

The Customer acknowledges that software cannot be entirely free of anomalies and that the Brifay CMMS is a management support tool that does not replace human expertise or compliance with the regulatory obligations specific to the Customer's activity (safety, regulatory maintenance, etc.).

16. Liability

16.1 Limitation of liability

Brifay's liability may only be engaged for direct, foreseeable and material damages caused by a breach of its contractual obligations. Indirect damages are expressly excluded, in particular: loss of revenue, loss of profits, loss of opportunity, loss of clientele, loss of image, damage to reputation, loss or alteration of data other than that directly attributable to Brifay's fault.

16.2 Cap

In all cases, and save in case of gross negligence or wilful misconduct, Brifay's total liability under these Terms — for all causes combined — is limited to the amounts actually paid by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim.

16.3 Exclusions

Brifay shall not be held liable for:

• Damages resulting from a non-compliant use of the Service;
• Damages resulting from a failure of the Customer's telecommunications networks;
• Damages caused by a third-party subprocessor of the Customer;
• Damages linked to a force majeure event (article 17);
• Operational decisions taken by the Customer based on the information provided by the Service.

16.4 Claim period

Any liability action must be brought by the Customer within one (1) year of the event giving rise to it, failing which the action shall be time-barred.

17. Force majeure

Neither Party shall be held liable for non-performance of its obligations in case of force majeure within the meaning of Article 1218 of the French Civil Code. The following are in particular considered as such: natural disasters, fires, floods, pandemics, general strikes, attacks, acts of war or terrorism, major failures of telecommunications networks, blocking of transport, power outages affecting the hosting provider over a wide area, decisions of public authorities.

The prevented Party informs the other without delay. If the impediment continues beyond sixty (60) days, each Party may terminate the contract as of right, without compensation.

18. Assignment

The Customer may not assign, transfer or sublicense all or part of its rights and obligations under these Terms without the prior written consent of Brifay.

Brifay may freely assign the contract to any company of its group or to a successor in the business, provided that it guarantees the continuity of its commitments towards the Customer. The Customer is informed by any means.

19. Changes to the terms

Brifay may amend these Terms at any time. Any substantial change is notified to the Customer by email or by notification within the Service at least thirty (30) days before it takes effect. Continued use of the Service after that date constitutes acceptance of the amended Terms. In case of disagreement, the Customer may terminate the subscription before the new Terms take effect, without penalty, by simple notice to [email protected].

The applicable version is the one in force on the day the Service is used. The date of the last update appears at the top of this page.

20. Notices

Unless otherwise provided, any notice, request or communication under these Terms is validly made:

• For Brifay: by email to [email protected] or by postal mail to the registered office address indicated in the legal notice;
• For the Customer: by email to the address provided at registration or by notification within the Service.

The Customer undertakes to keep its contact email address up to date.

21. Severability and non-waiver

If any provision of these Terms is held to be void, unlawful or unenforceable by a competent court, that provision shall be deemed unwritten, without affecting the validity of the other provisions, which shall remain fully applicable.

The failure of either Party to invoke a breach by the other Party of any of the obligations under these Terms shall not be construed as a waiver of the right to invoke that obligation in the future.

22. Governing law and jurisdiction

These Terms are governed by French law, to the exclusion of any other law. The authoritative language between the Parties is French; versions in other languages, including this English version, are provided as courtesy translations only.

Before any litigation, the Parties shall endeavour to resolve their dispute amicably. Failing agreement within thirty (30) days of the first written claim, and subject to mandatory provisions applicable to consumers, any dispute shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the registered office of Brifay, including in case of multiple defendants, summary proceedings or third-party proceedings.

23. Contact

For any question relating to these Terms:

• Email: [email protected]
• Data protection: [email protected]
• Form: Contact page
• Legal notice: legal.html