Preamble
FINERIS is a trade name of Eterstain SAS, registered at the Nanterre Trade and Companies Register (RCS) under number 913 469 409, headquartered at 22 rue Gabriel Péri, 92250 La Garenne Colombes, France, represented by Alexandre Bertin, acting as CEO (hereinafter referred to as "FINERIS").
FINERIS operates a proprietary technology platform that integrates trade data analytics, buyer and supplier identification capabilities, and automated outreach functionality. The Platform enables Clients to independently research, analyze, and initiate contact with potential international buyers and suppliers using FINERIS's tools and data.
These General Terms and Conditions (the "GTC") govern any subscription to the FINERIS Platform. They form an integral part, together with the Order accepted by the Client at checkout (the "Order"), of the contract (the "Contract") binding FINERIS and the Client. The Contract prevails over any other general terms and conditions of purchase or any other documents issued by the Client. In the event of a conflict between the GTC and the Order, the Order prevails.
By checking the acceptance box at checkout and completing payment, the Client unconditionally accepts these GTC. The signatory warrants that they have full authority to bind the Client.
The Services are exclusively reserved for professional use and are not available to individuals acting in a non-professional capacity or to persons under the age of 18.
Article 1. — Definitions
For the purposes of this Contract, the following terms shall have the meanings set out below:
"Client" means the professional entity identified in the Order that has accepted these GTC.
"Contract" means these GTC together with the Order accepted by the Client at checkout.
"Credits" means the units allocated to the Client under their subscription plan, used to unlock contact information and other features on the Platform. Credit consumption rules are defined at fineris.co/credits.
"Data" means trade data, contact information, and any other data accessible through the Platform, as further described at fineris.co/data/countries.
"Order" means the summary of the subscription selected by the Client at checkout, specifying the plan, price, payment modality, Credits allocation, number of user accounts, domains, and mailboxes.
"Platform" means the FINERIS proprietary software application, accessible via the FINERIS website, through which the Services are delivered.
"Services" means the services provided by FINERIS to the Client under this Contract, as described in Article 2 and further specified in the Order.
"Sending Infrastructure" means the dedicated email sending domains, mailboxes, and associated technical configuration provided by FINERIS to the Client for outreach campaigns through the Platform.
"Subscription Period" means the duration of the Client's subscription, as specified in the Order.
Article 2. — Services
Subject to full payment of all fees when due, FINERIS grants the Client a limited, non-exclusive, non-transferable right to access and use the Platform and the following Services during the Subscription Period:
2.1 Data Access
Trade Data Coverage: Access to import/export records and importers/exporters information for the countries listed at fineris.co/data/countries. Country coverage and data depth vary by source and may be updated by FINERIS during the term of this Agreement. The list of covered countries available at fineris.co/data/countries as of the date of the Order is incorporated into this Contract by reference.
HS Code Coverage: Access to trade data across all HS codes currently available on the Platform.
Credits Allocation: An allocation of Credits as specified in the Order, which may be used to unlock contact information including professional email addresses, telephone numbers, and LinkedIn profiles, among others. Credit consumption rules applicable to each action are defined at fineris.co/credits and form an integral part of this Contract. FINERIS may update credit consumption rules with reasonable prior notice to the Client. Unused credits shall roll over to subsequent Subscription Periods for the duration of this Agreement. Additional credits may be purchased separately. Upon termination or expiration of this Contract for any reason, any unused credits shall be forfeited and shall not be refunded or compensated in any form.
2.2 Platform Features
Buyer and Supplier Identification: Identification of companies importing or exporting products corresponding to the Client's selected HS Codes.
Decision-Maker Contacts: Access, subject to available Credits, to professional contact details of identified company members, including verified professional email addresses, phone numbers, and LinkedIn profiles, where available.
AI Cold Email Writer: Integrated tool for drafting personalized prospecting emails. Content generated by this tool is provided "as-is". The Client is solely responsible for reviewing, verifying, and adapting AI-generated content before use. FINERIS does not guarantee its accuracy, appropriateness, legal compliance, or effectiveness.
Email Sequencer: Automated multi-step email campaign tool allowing the Client to schedule and send sequenced outreach to prospects.
Automated AI Reply Agent: AI-powered agent that monitors inbound prospect replies and drafts or sends contextual responses on the Client's behalf. The Client remains solely responsible for reviewing and approving sending behavior.
CRM & Pipeline Tracking: Built-in CRM functionality to manage leads, log interactions, and visualize sales pipeline progression across customizable stages.
2.3 Sending Infrastructure
FINERIS shall provide, at its own cost, a dedicated Sending Infrastructure as specified in the Order. This includes the acquisition and registration of dedicated sending domains, creation and configuration of professional email addresses, technical configuration in accordance with current deliverability best practices, and a progressive domain warmup prior to campaign launch.
The number of domains and mailboxes provided is as specified in the Order. The technical standards and policies governing the Sending Infrastructure, including domain configuration, warmup procedures, and acceptable use, are further described at fineris.co/sending-policy and form an integral part of this Contract. All domains, mailboxes, and associated infrastructure remain the exclusive property of FINERIS at all times. The Client receives a non-exclusive, non-transferable right to use the Sending Infrastructure solely for outreach campaigns conducted through the Platform during the Subscription Period. Upon termination or expiration of this Contract, the Client's right to use the infrastructure terminates automatically. No transfer of domains or mailboxes to the Client shall occur, except pursuant to a separate written agreement.
FINERIS reserves the right to suspend or terminate access to the Sending Infrastructure immediately, with or without notice depending on the severity of the issue, if the Client's use generates abnormal spam complaints, blacklisting, or any activity that, in FINERIS's reasonable judgment, threatens the reputation of the infrastructure or violates applicable law. Such suspension shall not entitle the Client to any refund or compensation.
2.4 Account Management and Support
FINERIS shall provide the Client with ongoing assistance via email and in-platform chat throughout the Subscription Period. The number of authorized user accounts is as specified in the Order.
Article 3. — Client Obligations and Acceptable Use
3.1 General obligations
The signing natural person warrants to FINERIS that he or she has full authority to sign the Contract and to accept these GTC in the name and on behalf of the Client. The Client represents that it has been able to ensure the adequacy of the Services to its needs.
The Client furthermore undertakes to:
- Transmit accurately, under its own responsibility, all information necessary for the execution of the Contract, and notify FINERIS of any changes to this information;
- Pay the fees as specified in the Order under the conditions set forth in Article 5;
- Respect the intellectual property rights of FINERIS;
- Ensure that authorized users are trained in the use of the Services;
- Maintain the confidentiality of all credentials and user accounts, and notify FINERIS promptly of any unauthorized access.
3.2 Compliance with applicable law
The Client is and remains the sender of record for all communications transmitted through the Sending Infrastructure. The Client is solely responsible for ensuring that all outreach complies with applicable laws and regulations, including but not limited to the EU General Data Protection Regulation (GDPR), the ePrivacy Directive, the US CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), and any other applicable anti-spam, marketing, or data protection law in the jurisdictions of the Client and the recipients.
The Client warrants that it has a lawful basis to contact each recipient, that all messages contain required disclosures and opt-out mechanisms, and that opt-out requests are honored promptly. The Client guarantees that the services requested comply with applicable regulations and agrees to indemnify and hold harmless FINERIS against any claim, fine, penalty, or proceeding arising from the Client's outreach activity, including spam complaints, regulatory action, and third-party claims.
3.3 Prohibited uses
The Client agrees not to:
- Use the Services or Data to develop applications for its own account or for third parties, or distribute them as standalone products or components;
- Rent, lease, sublicense, resell, or otherwise make the Services available to third parties, or provide consulting, training, support, outsourcing, or development services related to the Services, unless expressly authorized by FINERIS;
- Reverse engineer, modify, adapt, decompile, disassemble, or otherwise translate all or any part of the Platform;
- Provide, disclose, or transmit the results of any evaluation relating to any Services;
- Use the Data or any insights derived therefrom to develop, improve, or enhance any product or service that competes with FINERIS;
- Use the Data to solicit FINERIS's clients or partners;
- Use its access to the Platform to analyze FINERIS's technology, methods, or business practices for competitive purposes;
- Use the Data as training data for any large language model, artificial intelligence system, or machine learning technology;
- Use the Platform for competitive analysis, benchmarking, or the development of a competing product or service;
- Copy any ideas, features, functions, graphics, or user interface elements of the Platform;
- Access, scrape, crawl, or spider the Platform using manual or automated means without prior written authorization from FINERIS.
Article 4. — Intellectual Property
4.1 Know-how and expertise
FINERIS will retain ownership of the methods, know-how, and tools specific to it used to perform the Services.
4.2 FINERIS intellectual property
FINERIS retains all right, title, and interest in and to the Platform, its methodologies, algorithms, software, proprietary information, and all associated documentation, including any discoveries or developments made while providing the Services, and all templates and data provided.
4.3 License to the Client
Upon full payment of all amounts due, FINERIS grants the Client a non-exclusive, non-transferable license to access and use the Platform and any data exports generated through the Platform, solely for the Client's internal business purposes, for the duration of the Subscription Period. This license does not constitute an assignment of any intellectual property rights.
4.4 License to FINERIS
The Client grants FINERIS a non-exclusive, worldwide, royalty-free license, for the duration of this Contract, to use, reproduce, and process any data, content, or materials uploaded by the Client to the Platform, solely for the purpose of providing the Services. This license shall terminate upon expiration or termination of this Agreement, except as necessary for FINERIS to maintain anonymized, aggregated data for analytical purposes.
The Client warrants that it owns all intellectual property rights in the materials it uploads to the Platform and, where applicable, has acquired sufficient rights and authorizations to license them to FINERIS. The Client agrees to indemnify and hold harmless FINERIS against any claim arising from the infringement of any intellectual property right.
4.5 Right of reference
The Client expressly authorizes FINERIS to include it as a commercial reference and to use its name and logo on FINERIS's official website and in its marketing and commercial documents, including presentations, brochures, and social networks.
Article 5. — Financial Terms and Payment
5.1 Fees
The fees applicable to the Client's subscription are those specified in the Order accepted at checkout. All fees are exclusive of VAT, which shall be added in accordance with applicable French tax law.
5.2 Payment
The Services are payable by the Client through Stripe, the secure online payment processor designated by FINERIS, or by bank transfer to the account specified on the invoice. For payments via Stripe, the Client expressly authorizes FINERIS to automatically charge the Client's payment method on a recurring basis for each instalment or renewal period, in accordance with the payment schedule set out in the Order. The total amount of each instalment is payable within fifteen (15) days of the invoice date.
The Client agrees to keep its payment information up to date in order to prevent any failure of payment upon tacit renewal. The Client may update payment methods directly through the Platform. FINERIS reserves the right to suspend access to the Platform if payment fails after reasonable notice.
5.3 Fees upon early termination
In the event of early termination by the Client without cause, fees corresponding to the remainder of the current Subscription Period shall remain due. Fees are not refundable on a pro-rata basis for partial subscription periods or unused Credits.
5.4 Late payment
In the event of non-payment on the due date, FINERIS is entitled at its discretion to: (i) charge late payment interest on all sums due at a rate of ten times the legal rate in force at the due date; (ii) invoice all recovery costs, including bank charges related to the rejection of a payment, in addition to the legal recovery indemnity of €40; (iii) automatically suspend access to the Platform forty-eight (48) hours after written notification reminding the Client of the sums due and remaining without effect; and (iv) seek any further remedies available, without prejudice to any damages and the possible termination stipulated in Article 6.
Article 6. — Duration and Termination
6.1 Entry into force and duration
The Contract comes into force on the date the Order is accepted by the Client at checkout. The subscription is concluded for the Subscription Period specified in the Order.
6.2 Tacit renewal
At the end of the Subscription Period, the Contract shall be automatically renewed for a period corresponding to the initial Subscription Period, unless terminated by either party by written notice sent by email with acknowledgement of receipt at least thirty (30) days before the expiry date.
6.3 Early termination by the Client
The Client may terminate this Contract at any time during the Subscription Period by providing written notice to FINERIS by email with acknowledgement of receipt. In such case, the provisions of Article 5.3 shall apply. Access to the Platform and any remaining unused Credits shall be suspended upon the effective date of termination.
6.4 Termination for breach
Each party may terminate this Contract in the event of a serious breach by the other party of an essential provision of the Contract, one (1) month after a formal notice sent by registered letter or email with acknowledgement of receipt has been left unanswered, setting out the grievances in detail. In the event of termination by FINERIS for the Client's fault, such termination automatically results in the suspension of the Services and does not exclude claims for compensation for damages suffered.
6.5 Immediate suspension or termination by FINERIS
FINERIS may: (a) suspend or terminate the Client's access upon material breach of this Agreement, in accordance with the termination procedure set out in Article 6.4, except in cases of non-payment which are governed by Article 5.4; (b) suspend access immediately and without prior notice where FINERIS reasonably determines that urgent action is necessary to protect the Platform, its infrastructure, or other users, with written notice provided to the Client as soon as reasonably practicable thereafter; (c) limit or suspend access if the Client's use of the Platform imposes an unreasonable or disproportionate burden on FINERIS's infrastructure, following reasonable prior notice where circumstances permit.
6.6 Effect of termination
Upon termination or expiration of this Contract for any reason: (i) any unused Credits shall be forfeited without compensation or refund; (ii) the Client's access to the Platform and Sending Infrastructure shall cease immediately; (iii) all amounts still owed by the Client shall become immediately due and payable. The obligations set forth in Articles 4 (Intellectual Property), 5 (Financial Terms), 7 (Confidentiality), and 9 (Liability) shall survive termination.
Article 7. — Confidentiality
"Confidential Information" means information identified as such, as well as information that is confidential by its nature, including information relating to activities, finances, technologies used, trade secrets, prices, methods, know-how, procedures, products, documents, equipment, software, and tools. The terms of this Contract constitute Confidential Information.
Each party undertakes not to disclose to any third party, without the prior written consent of the other party, the Confidential Information of the other party, for the entire duration of the Contract and for five (5) years after its expiry or termination for any reason. Each party shall ensure that this obligation is respected by its staff and any subcontractors involved in the performance of the Contract.
Information shall not be considered Confidential Information when it: (i) is or falls into the public domain without fault of the receiving party; (ii) was known to the receiving party prior to disclosure, provided that the receiving party can demonstrate this by contemporaneous written records predating any contact with the disclosing party, and that such information was not obtained directly or indirectly from the other party; (iii) is communicated by a third party without breach of any obligation of confidentiality; (iv) is independently developed by the receiving party without use of the other party's Confidential Information; or (v) must be disclosed by law, regulation, or court order, to the strictly necessary extent.
Each party shall take all reasonable precautions to protect the other party's Confidential Information, at least to the same standard it applies to its own Confidential Information.
Article 8. — Personal Data Protection
Both parties acknowledge the importance of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and undertake to fully comply with it and any other applicable data protection legislation, hereinafter together referred to as the "Data Regulations".
FINERIS and the Client shall each be responsible for complying with their respective obligations under the Data Regulations. Each party acts as an independent data controller with respect to the personal data it processes in connection with this Contract.
The Client is solely responsible for ensuring that it has a lawful basis for processing any personal data accessed through the Platform, including contact information unlocked using Credits. Where required by applicable law, the Client shall obtain all necessary consents, provide required notices, and honor data subject rights promptly.
Article 9. — Warranties and Liability
9.1 FINERIS obligations
FINERIS undertakes to perform the Services as a professional in its field, using commercially reasonable efforts to provide a quality of service consistent with industry standards. FINERIS is bound by a general obligation of means. FINERIS's commitment relates to the conformity of the Services to their description in the Contract, to the exclusion of the Client's general or particular objectives and any commercial result expected or hoped for by the Client.
9.2 Disclaimer of warranties
The Platform and Services are provided on an "as-is" and "as-available" basis. FINERIS makes no warranties or representations about the accuracy, completeness, or reliability of the Data, and disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
FINERIS does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the Data will be accurate, complete, or current; (c) any errors in the Platform or Data will be corrected; or (d) any particular inboxing rate, deliverability outcome, or sender reputation will be achieved, as these depend on factors outside FINERIS's control, including recipient email providers, message content authored or approved by the Client, and recipient behavior.
The Client acknowledges that trade data and contact information may contain inaccuracies or become outdated, and that FINERIS shall not be liable for any decisions made based on such data. Furthermore, certain country datasets and data availability may be subject to delays, temporary interruptions, or permanent discontinuation due to factors outside FINERIS's control, including changes in reporting practices, regulatory environments, or data infrastructure in the relevant countries. FINERIS does not offer refunds or compensation in cases where data becomes unavailable, stops being updated, or is delayed due to such factors. The Client acknowledges and accepts this inherent risk. Content generated by the Platform's AI tools is provided "as-is". The Client is solely responsible for reviewing, verifying, and adapting AI-generated content before use. FINERIS does not guarantee its accuracy, appropriateness, legal compliance, or effectiveness.
Notwithstanding the foregoing, FINERIS commits to using commercially reasonable efforts to maintain Platform availability and data accuracy consistent with industry standards.
9.3 Limitation of liability
FINERIS shall be liable, under the conditions of common law, only for damages arising directly from the non-performance or improper performance of the Contract by itself, its personnel, its representatives, or any sub-contractors, to the exclusion of any indirect damages, including but not limited to: loss of operation, productivity, earnings, brand image, contracts, investments, time, data, files, computer programs, or documentation, even if FINERIS has been advised of the possibility of such losses.
The total and cumulative amount of damages that FINERIS may owe to the Client under this Contract shall not exceed a global and fixed sum corresponding to the amounts paid by the Client exclusive of tax during the last twelve (12) months of invoicing, this sum not to exceed five thousand euros (€5,000), all damages included.
In the event that FINERIS breaches its contractual obligations, the Client has a period of one (1) year from the date it became aware, or reasonably should have become aware, of such breach to bring a claim against FINERIS.
Article 10. — User-Generated Content and Reviews
Users and third parties may post reviews, comments, or feedback about FINERIS or the Platform on third-party platforms, review sites, or directly on FINERIS's website or social media channels. Such content does not reflect the views of FINERIS. FINERIS reserves the right to monitor, moderate, respond to, or request the removal of any content that is inaccurate, defamatory, in violation of applicable law, or in breach of these GTC. FINERIS shall not be liable for any content posted by users or third parties about the Platform or Services.
Article 11. — Non-Assignment
The Client cannot assign or transfer the Contract or any right or obligation thereunder, and may not employ subcontractors in performing its duties under the Contract, without the prior written consent of FINERIS.
FINERIS reserves the right to assign, delegate, or otherwise transfer (including by way of merger or contribution) its rights or obligations under this Contract, in whole or in part, to any company belonging to its group and/or to any third party, after prior notice to the Client. The refusal by FINERIS to consent to any assignment or transfer of the Client's rights shall not entitle the Client to any compensation of any kind.
Article 12. — Force Majeure
Force majeure is any event defined as such by French law which results in the performance of the Contract being impossible or unreasonably onerous. The party noting the event shall immediately inform the other party of its inability to perform its obligations and justify this. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages.
If the case of force majeure lasts more than two (2) months, the contractual relationship will be terminated automatically and by right, unless otherwise agreed by the parties, without this giving rise to any right to compensation.
Article 13. — Modifications to the GTC
FINERIS reserves the right to update these GTC at any time. Clients will be notified by email at least thirty (30) days before any material change enters into force. Continued use of the Platform after the effective date constitutes acceptance of the updated GTC. For Clients on a fixed-term subscription, the GTC in force at the date of the Order shall apply until the next renewal date.
Article 14. — Governing Law and Jurisdiction
This Contract is governed by French law. In the event of a dispute, the Commercial Court of Paris (Tribunal de Commerce de Paris) shall have exclusive jurisdiction, notwithstanding any plurality of defendants or warranty claims, and including for emergency or protective proceedings, whether by reference or by request.
Article 15. — Miscellaneous
15.1 Entire agreement
This Contract, comprising these GTC and the Order, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written commitments. It may only be modified by a written amendment agreed upon by both parties or by FINERIS in accordance with Article 13.
15.2 Severability
If any provision of this Contract is deemed void or unenforceable by a competent court, the remaining provisions shall continue in full force and effect.
15.3 Waiver
Any failure by FINERIS to enforce a provision of this Contract on one occasion shall not constitute a waiver of that provision or of any other provision on any future occasion.
15.4 Language
This Contract is drafted in English for convenience. In the event of any conflict between an English version and a French version, the French version shall prevail.