Terms of sale

These terms of sale (the “Terms of Sale”) govern the sale of the “Pro” version of Figurative to consumers. They supplement the terms of use. Any order implies prior and unreserved acceptance of these Terms of Sale.

• Peyrat Clément - trading as “Nyters”
• Sole trader (entrepreneur individuel, EI) - French micro-enterprise
• SIRET: 10704821700015
• VAT not applicable, art. 293 B of the French General Tax Code
• Registered office: 5 Impasse de la Colombette, 31000 Toulouse, France
• Contact: contact@nyters.com

Figurative is offered free of charge with core features. The Pro version unlocks additional features on your account: unlimited equivalences, advanced statistics, shopping list, PDF export, themes and unlimited cloud backup. The exact scope of the features may change.

The Pro version is offered under two plans, at your choice:

• Pro annual: a one-year subscription, renewed automatically;
• Pro lifetime: a one-off purchase, with no renewal and no expiry.

Both plans unlock exactly the same features.

The price of the Pro version is 14,99 € per year for the annual plan, and 49,99 € as a single payment for the lifetime plan. Prices are stated in euros, all taxes included. As a micro-enterprise under the French VAT exemption scheme, the seller applies the statement “VAT not applicable, art. 293 B of the French General Tax Code”. On mobile stores, the price actually charged may be adjusted according to the pricing tiers and taxation applicable in your country.

The subscription price may be changed for future periods. Any change would be notified to you before it takes effect, leaving you the option to cancel before renewal. The lifetime plan is never charged again.

The purchase is made:

• on mobile, via the App Store (Apple) or Google Play (Google). In that case, the sale is collected by those platforms, acting as resellers; their terms and payment arrangements apply;
• on the web, via our payment provider Stripe.

For the annual plan taken out on the web, you authorise the subscription amount to be charged upon subscribing and then at each renewal, to the payment method on file. Bank card details are processed directly by those providers and do not pass through our servers. The purchase is confirmed once payment has been validated.

As the product is digital content, access to the Pro features is activated immediately after payment confirmation, on the account associated with the purchase.

The Pro lifetime plan has no term: it does not renew and gives rise to no further charge. This section concerns the annual plan only.

The Pro annual subscription is entered into for a term of one year and renews automatically for the same term, unless cancelled before the renewal date.

In accordance with article L. 215-1 of the French Consumer Code, for subscriptions taken out on the web, the seller informs you in writing, no earlier than three months and no later than one month before the end of the current period, of the option not to renew the subscription. If that information is not sent to you within that period, you may terminate the subscription free of charge at any time from the renewal date; amounts charged after that date are refunded to you, less the amounts corresponding to the period actually used.

You may cancel at any time, without reason or charge:

• subscription taken out on the web: from your “My account” area, section “Manage my subscription”, or simply by writing to contact@nyters.com;
• subscription taken out on mobile: from the subscription settings of the App Store or Google Play, which alone can cancel it.

Cancellation ends the renewal: Pro access remains open until the end of the period already paid for, with no pro-rata refund. At the end of that period, the account returns to the free version. Your recipes, photos and data remain accessible and exportable; only the Pro features are switched off.

In accordance with article L. 221-28, 13° of the French Consumer Code, the right of withdrawal cannot be exercised for the supply of digital content not provided on a tangible medium where performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

By subscribing to the Pro version, whichever plan you choose, access to which is supplied immediately, you expressly request immediate performance of the service and acknowledge that you waive your 14-day right of withdrawal once access is unlocked.

That waiver applies to the current period; it does not affect your right to cancel the subscription for the future under the conditions of article 7.

For purchases made via the App Store or Google Play, refund requests are subject to those platforms’ policies and handled directly by them.

Other than in the cases provided for by law, amounts paid are non-refundable once access is unlocked: the lifetime plan is non-refundable, and cancelling a subscription does not give rise to a refund of the current period. If you have any difficulty, contact us at contact@nyters.com: requests are considered in good faith. For purchases made through an app store, the request must be addressed to the platform concerned.

Consumers benefit from the legal warranty of conformity (articles L. 217-1 et seq. of the French Consumer Code) and the warranty against hidden defects (articles 1641 et seq. of the French Civil Code). These warranties apply independently of any commercial warranty.

The seller is bound by an obligation of means as regards the operation of the Service. The seller cannot be held liable in the event of misuse, temporary unavailability, or indirect damage.

The processing of data relating to the purchase is described in our privacy policy.

In accordance with articles L. 611-1 et seq. of the French Consumer Code, consumers may use a consumer mediator free of charge. The mediator’s details appear in our legal notice. A European online dispute resolution platform is available at ec.europa.eu/consumers/odr. These Terms of Sale are governed by French law.