Introduction

Last updated: 16/06/2026

Please read the following terms of use carefully. By subscribing to the services, you agree that you are making a legally binding offer to enter into a contract with FYGR, a société par actions simplifiée with share capital of €15,989.85, registered with the Evreux Trade and Companies Register under number 879 238 061, with its registered office at 26 avenue Winston Churchill (La Filature), 27400 LOUVIERS (hereinafter "FYGR" or "OKIMIA").

In addition, FYGR is also registered with ORIAS as a Banking Operations and Payment Services Broker (COBSP) and a Financial Investment Advisor (CIF) under number 21007924 (you can verify this registration on the ORIAS website).

COBSP activities may be supervised by the French Prudential Supervision and Resolution Authority (ACPR):

• Mailing address: 4 place de Budapest – CS 92459 – 75436 Paris Cedex 09;
• Website: https://acpr.banque-france.fr/

1. Definitions

Terms beginning with a capital letter have the meaning given to them in this contract:

Client: the client, who must have professional status, who has subscribed to this Contract.

Contract: this subscription contract for the Services, including in particular the special conditions, the terms of use and their appendices.

Account: the Client's account allowing them to access the Services offered by the Tool using their login credentials.

Tool: the OKIMIA solution developed by FYGR and accessible in SaaS mode from the website https://www.okimia.com and from the application https://app.okimia.com.

User(s): any person authorized by the Client to log in to the Tool using the login credentials, within the framework of this subscription contract for the Services.

Services: all the services offered by the Tool within the framework of the subscription taken out by the Client.

2. Purpose

2.1. The purpose of this FYGR subscription Contract is to define the conditions under which the Client subscribes, on their own behalf and that of their Users, for the duration of the Contract and for the needs of their professional activities, to the Services.

2.2. The Client acknowledges that access to certain features of the Tool may vary depending on the scope of the Services to which they have subscribed via their subscription.

2.3. Registering on the OKIMIA Tool (by FYGR) implies the Client's full and unreserved acceptance of the Contract, to the exclusion of all other documents in their possession.

2.4. In the event of a contradiction between provisions of the Contract's special conditions and these terms of use, the relevant provisions of the special conditions shall prevail over the terms of use.

2.5. The Contract fully governs the relationship between FYGR and the Client. No general purchasing conditions may prevail or be enforced by the Client against FYGR, and no special condition communicated by the Client to FYGR may prevail over the Contract.

2.6. Any reservation concerning the Contract put forward by the Client will therefore, in the absence of express acceptance by FYGR, be unenforceable against the latter, regardless of when it may have been brought to its attention.

2.7. The fact that FYGR does not, at a given time, invoke any condition of the Contract may not be interpreted as a waiver of the right to subsequently invoke any of the said conditions.

3. Registration conditions

3.1. The Client acknowledges being a duly declared and registered professional. As such, the Client acknowledges not having the status of non-professional or consumer, within the meaning of the provisions in force.

3.2. The Client wishing to subscribe to the Services must:

• complete the following identification information: company name, RCS registration number, legal form, share capital, registered-office address, identity of the legal representative, email address, telephone number and any information requested by OKIMIA. The Client acknowledges and accepts that the email address provided constitutes their login credential.
• choose a password. The Client may change their password at any time. It is recommended to change the password regularly.
• follow the procedure indicated to them for validating their email.
• follow the procedure indicated to them to pay for the Services through the payment provider chosen by OKIMIA.

3.3. The Client declares that they have provided the information truthfully and accurately, and undertakes to update the said information without delay in the event of any change. FYGR may under no circumstances be held liable for the untruthfulness of the information transmitted and/or communicated by the Client.

3.4. The Client undertakes to use the Services personally, and not to allow any third party to use them in their place or on their own behalf, with the exception of authorized Users and provided they bear full responsibility for them.

3.5. The Client is solely responsible for the proper use of the Services and the Account by the Users among their staff, in compliance with these terms.

3.6. The Client is furthermore responsible for maintaining the confidentiality of their credentials and password and expressly acknowledges that any use of the Services from their Account will be deemed to have been carried out by themselves. Should the Client find that their account is or has been used without their knowledge, they undertake to notify FYGR as soon as possible.

4. Duration and termination

4.1. For any registration, FYGR grants the right to use the Tool free of charge for a period of seven (7) days. Beyond that, the Client is required to subscribe to a paid subscription with FYGR.

4.2. The duration of a subscription to the Services will thus depend on the subscription period to which the Client has subscribed. To avoid any interruption in the use of the Services, the Subscription will be renewed automatically for a new period of identical duration or, by contrary agreement, for periods of 30 days.

4.3. The Client may cancel their subscription at any time, by sending an email to support@okimia.com before the expiry of the subscription period. In this case, the Client may still use the Services until the expiry of their subscription. No refund will be made if the Client decides to terminate their subscription, as the Services will remain available until the end of the subscription period.

4.4. FYGR reserves the right, at its sole discretion, to modify the subscription price. In this case, FYGR will send the Client a notification by email at least thirty (30) days before the price change. The notification will remind the Client that if they continue to use the Services after the end of the subscription period, this will mean they accept the new subscription price. This new price will, however, only take effect on the date of automatic renewal of the subscription. If the Client refuses this price change, they may cancel their subscription by sending an email to support@okimia.com. This cancellation must be made before the price change takes effect, failing which they will be considered to have accepted these changes.

4.5. This Contract may also end if the Client fails to comply with any of the essential obligations imposed on them by this Contract. In particular, FYGR reserves the right to suspend or terminate access at any time, in the event of a breach of the terms of use or behavior deemed incompatible with a normal business relationship, in particular in the event of threatening, abusive or harassing behavior towards the FYGR team. In this case, FYGR may, after sending a formal notice by registered letter with acknowledgment of receipt recalling this clause and the unperformed obligation, which remains without effect within fifteen days of the presentation of the letter, terminate the Contract without completing any judicial formality. In the event of termination, FYGR may then interrupt, temporarily or permanently, all or part of the Services and consequently access to the user account on the Tool.

4.6. Termination of the Contract does not entail a waiver by the Parties of the exercise of any other rights and actions they may invoke.

5. Price, payment terms and late-payment interest

5.1. Access to the Services requires payment by the Client of the subscription price according to the terms agreed between the Parties.

5.2. The Services are sold on a prepayment basis. Payment is due upon order and, in the case of automatic renewal of a subscription, at the start of the new subscription period.

5.3. Payment of the price of the Services will be made by direct debit through the payment provider chosen by FYGR. As such, the Client undertakes to provide, as part of the payment procedure, accurate and valid banking information.

5.4. Prices are payable in euros.

5.5. The subscription price does not include any travel costs or specific development costs that may be billed in addition by FYGR to the client according to the terms indicated in the special conditions.

5.6. In the absence of proper receipt of payment for the Services, FYGR may: delete or block the account and consequently access to the Services and the Tool; automatically apply late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation, increased by ten points. Any late payment also entails the payability of a fixed indemnity for recovery costs of €40. (French Commercial Code, art. L.441-9 and L.441-10). FYGR may also claim from the Client, upon justification, higher compensation if the costs it had to incur for recovery exceed €40.

5.7. In the event of termination, sums already paid shall remain the property of OKIMIA, without prejudice to any action for compensation for losses suffered.

6. Scope of the license

6.1. By subscribing to this Contract, FYGR grants the Client and their Users, for the duration of the Contract, a personal, non-transferable and non-exclusive license allowing them to access and use the Tool in its existing version on the subscription date, and solely for their professional use within the framework of the Services provided under this Contract.

6.2. This License covers only the subscription taken out by the Client as well as any modification relating to corrections, adaptations or updates of the Tool during the term of the Contract. Consequently, the addition of a new feature or new versions of the Tool are not included in the subscription and will, where applicable, be the subject of a new quote that the Client will be free to accept or refuse.

6.3. To be able to use the Tool, the Client must have, at their own expense, an internet-access subscription and ensure that the configuration of their computer hardware is suitable and compatible. All costs relating to equipment and internet connection are therefore borne entirely by the Client.

6.4. The Client is also informed of the limits of the internet and that data transmissions over the internet have only relative reliability, and that no one can guarantee the proper functioning of the internet. Consequently, and with full knowledge of the characteristics of the internet, the Client acknowledges having been sufficiently informed of the IT conditions required to access the Services and waives any claim to hold FYGR liable for the facts set out above.

6.5. The Client may not under any circumstances decompile, disassemble, modify, use, or reverse-engineer, in any way whatsoever, the source code of the Tool, or modify, translate, localize, adapt, rent, assign, lend, create or produce derivative works, or file patents based on all or part of the Tool.

6.6. As this License to use the Tool is neither assignable nor transferable, the Client is prohibited from allowing any third party to benefit from it, with the exception of Users authorized under the Contract.

6.7. This license confers no ownership right on the Client over the Tool. The Client thus refrains from any conduct or act likely to directly or indirectly infringe the intellectual-property rights held by FYGR over the Tool.

7. Intellectual property

7.1. FYGR is the exclusive holder of the intellectual-property rights over the Tool, except for any third-party software that may be present in the Tool, for which FYGR declares in any event to hold sufficient rights.

7.2. This contract confers on the Client and Users no intellectual-property right of any kind over the Tool and the software composing it, and any content of any kind operated on the Tool. All the elements composing the Tool thus remain the exclusive property of OKIMIA, as do all corrections, updates and new versions made.

7.3. The Client and Users undertake not to commit any act that could affect OKIMIA's intellectual-property rights over the Tool and the elements composing it, whether by reproduction, representation or adaptation, modification, transformation. Any use and/or access not authorized by FYGR under these terms and/or not compliant with the provisions of the French Intellectual Property Code is unlawful and would constitute the offense of counterfeiting in accordance with the provisions of article L.335-3 of the French Intellectual Property Code.

7.4. FYGR also remains the sole holder of the rights to its names, trademarks, logos, signs and designs, and none of the stipulations of the Contract will be interpreted as characterizing a transfer or assignment of rights to these for the benefit of the other Party. The Client and Users undertake to respect FYGR's ownership rights over its distinctive signs, and in particular refrain from creating any analogy and/or confusion in the public's mind for any purpose whatsoever and by any means whatsoever.

8. Advertising

8.1. The Client authorizes FYGR and OKIMIA to make use, in particular by citation and/or reproduction, of their distinctive signs, as a commercial reference and/or for the proper performance of these terms, in particular in its commercial or advertising documents and on its website, in any form whatsoever, for the duration of this Contract and three (3) years following the expiry of the Contract.

8.2. Any use by the Client of FYGR's and OKIMIA's distinctive signs must be authorized in advance by FYGR.

9. Obligations and responsibilities of the subscriber

9.1. The Client will use the Services under their sole direction, control and responsibility.

9.2. Without prejudice to the other obligations provided for herein, the Client undertakes to comply with the following obligations:

• the Client undertakes, in their use of the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order;
• the Client acknowledges having become aware of the characteristics and constraints, in particular technical, of the Tool and the Services;
• the Client undertakes to provide FYGR with all the elements, data and information necessary for the proper performance of the Services. More generally, the Client undertakes to cooperate actively with FYGR with a view to the proper performance of these terms and to inform it of any difficulties related to this performance.

9.3. The Client is strictly prohibited from using the Services for the following purposes, this list not being exhaustive:

• carrying out illegal, fraudulent activities or activities infringing the rights or security of third parties;
• harming public order or violating the laws and regulations in force;
• intrusion into a third party's IT system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's IT system, or violate its integrity or security;
• helping or inciting, in any form and in any way whatsoever, one or more of the acts and activities described above;
• and more generally any practice diverting the Services to purposes other than those for which they were designed.

9.4. If it appears that the Client has breached or is likely to breach the provisions of the Contract, OKIMIA may, at any time and without limitation of any other action, suspend or terminate the defaulting account and/or use any means to obtain the enforced performance of the provisions of the Contract.

10. Obligations and responsibilities of FYGR and OKIMIA

10.1. FYGR undertakes to perform the obligations incumbent upon it with all the care customary in its profession and to comply with the rules of best practice in force. Its liability is exclusively limited to the provision of the Services according to the terms described herein, to the exclusion of any other service.

10.2. The Client is solely responsible for the use they make of the Services. As such, it is understood between the Parties that the cash forecasts provided within the framework of the use of the Services are given for information purposes only, on the basis of the information provided by the Client. The Client is required to adjust these cash forecasts according to their activity and their own knowledge.

10.3. FYGR will be liable, according to the rules of ordinary law, for all direct damage caused to the Client within the framework of the Contract and duly proven, to the exclusion of indirect damage. Consequently, FYGR or OKIMIA may under no circumstances be held liable for damage resulting from:

• non-performance or improper performance by the Client of the obligations incumbent upon them under this subscription Contract;
• misuse of the Services by the Client;
• a malfunction of the Service that (i) is caused by modifications made to the Service and/or to the hardware operating with it, by the Client or any unauthorized third party; or (ii) follows a refusal by the Client to implement corrections, revisions and/or updates and/or workarounds relating to the Services to end the malfunctions or prevent their occurrence. In these cases, FYGR may under no circumstances be held liable for:
  • the results of its use;
  • damage caused to property distinct from the Service;
  • the suitability of the Service to the Client's needs (which is indeed a matter for the latter's assessment);
  • losses or damage occurring to information, files or databases or any other element for which the Client undertakes herein to ensure backup; any virus contamination of the Client's files and the potentially harmful consequences of such contamination.

10.4. FYGR will not be liable for unforeseeable damage, nor for indirect and/or intangible damage such as, in particular, loss of profit, financial losses, commercial losses, loss of customers, loss of orders, resulting from the use of the Service.

10.5. In any event, FYGR and the Client agree that compensation for the loss that may have been suffered by the Client and their Users due to a fault attributable to FYGR or OKIMIA and duly proven, will be limited to the amount of the current subscription taken out by the Client.

11. Force majeure

The Parties cannot be considered liable or to have failed in their contractual obligations where the failure to perform their respective obligations originates from force majeure as defined by the case law of the French courts.

The Contract between the parties is suspended until the extinction of the causes giving rise to the force majeure. Force majeure takes into account irresistible facts or circumstances, external to the parties, unforeseeable and beyond the parties' control, despite all reasonably possible efforts to prevent them.

The Party affected by a force-majeure event will notify the other Party within five (5) business days of the date on which it became aware of it. The two Parties will then agree on the conditions under which the performance of the Contract will be continued.

12. Customer service

FYGR provides remote assistance by telephone to support Users in using the Tool between 9am and 6pm Monday to Friday at the following number: 01 76 50 33 88

13. Insurance

Each of the Parties undertakes to maintain in force, for the entire duration of the Contract, with a notoriously solvent insurance company, a policy covering its professional liability, so as to cover the financial consequences of bodily, material and intangible damage for which they would be liable, caused by any event and which is the act of their employees and/or any partner companies during the performance of the Contract.

14. Confidentiality

Each Party undertakes, both on its own behalf and on behalf of its employees and partner companies, to preserve the confidentiality of the confidential information exchanged (the "Confidential Information"). Confidential Information is deemed to be all information, whatever its nature, form or medium, to which each Party will have access within the framework of the performance of the Contract, including, without this list being exhaustive, all means made available by FYGR to the Client and by the Client to FYGR, all technical, industrial, financial or commercial data, or any other information and all documents relating to the activities of each Party.

Confidential Information does not cover documents, data or other information that is:

• known to one of the Parties on a non-confidential basis before its disclosure by the other Party;
• in or which will fall into the public domain on the day of its disclosure;
• legitimately obtained from a third party not bound by a confidentiality obligation;
• developed independently by the receiving Party that has had no access to any information of the disclosing Party;
• disclosed under a legislative or regulatory provision.

Each Party undertakes:

• to apply to the Confidential Information the same protective measures as those it applies to its own confidential information;
• to communicate the Confidential Information only to its own employees and collaborators required to know it within the framework of carrying out the Services;
• not to disclose, publish or transmit the Confidential Information to third parties, in any form whatsoever, without the prior written agreement of the other Party;
• to use the Confidential Information only for the purposes of carrying out the Services.

15. Personal data

When using the Tool, FYGR is required to collect, as controller, personal data concerning the Client. In the collection and management of this data, FYGR complies with French Act No. 78-17 of 6 January 1978 on information technology, data files and civil liberties, in its current version, as well as with the General Data Protection Regulation ("GDPR"). In this respect, the Client is invited to read the Privacy Policy.

FYGR is also qualified as a "joint controller", within the meaning of Article 26 of the GDPR, with:

• Powens, regarding the data processing carried out within the framework of the bank-account aggregation, invoicing and payment-initiation service. The use of the Powens API service is thus only possible once the Client has consented to the privacy policy accessible at: https://www.powens.com/security-compliance/
• Fintecture, regarding the data processing carried out within the framework of the bank-account aggregation, invoicing and payment-initiation service. The use of the Fintecture service is thus only possible once the Client has consented to the privacy policy accessible at https://www.fintecture.com/privacy/
• Bridge API, regarding the data processing carried out within the framework of the bank-account aggregation, invoicing and payment-initiation service. The use of the Bridge service is thus only possible once the Client has consented to the privacy policy accessible on the Bridge API site.

16. Independence of the parties

16.1. Each of the Parties is legally and financially independent, acting in particular in its own name, on its own behalf and under its sole responsibility. None of the stipulations of this Contract may be interpreted as creating between the Parties a company, a joint participation company, a joint venture, a mandate, a subsidiary, an agent or employee-to-employer relationship, or an association.

16.2. Each Party remains responsible for its acts, statements, commitments, services, personnel and data. Neither may hold the other Party liable in any way whatsoever for its acts, statements, commitments, services, personnel or data.

17. Modification of the Terms of Use

17.1. FYGR may be required to modify the Contract in order to adapt it to its technical and commercial environment or in order to comply with the legislation in force.

17.2. In this case, FYGR will send the Client a notification by email at least thirty (30) days before the modification of the Contract. The notification will remind the Client that if they continue to use the Services after the end of the subscription period, this will mean they accept the new conditions of the Contract. The new provisions will take effect on the date of automatic renewal of the subscription. If the Client refuses this modification, they may cancel their subscription by sending an email to support@okimia.com. This cancellation must be made before the new provisions of the Contract take effect, failing which they will be considered to have accepted the new provisions of the Contract in force.

18. Applicable law and competent jurisdiction

18.1. The law of the Contract is French Law.

18.2. In the absence of an amicable solution found between the Parties, only the courts within the jurisdiction of the Paris Court of Appeal will be competent to hear disputes of any kind or challenges relating to the interpretation or performance of this Contract, notwithstanding multiple defendants, incidental claim, summary proceedings or warranty claims, except for mandatory procedural rules to the contrary.

19. General provisions

19.1. Prior documents or other agreements. The Contract replaces any other prior document, any other written or verbal agreement relating to the same subject, with the exception of the quote and the special conditions, and prevails over any contrary provision that may be contained in documents emanating from the Client.

19.2. Severability of clauses. If any provision of the Contract, or its application to any person or circumstance, is held to be void, this nullity will not affect the other provisions or applications of the Contract, which will remain in force, separately from the provision held void.

19.3. Language of the Contract. The Contract is drafted in French. A translation into a foreign language may be provided for information purposes. In the event of a contradiction, only the French version will be authoritative between the Parties.

‍