Terms of Sale (CGV) — “Make It or Pay”
Last updated: 7 June 2026
Translation notice. This English translation is provided for convenience only. In case of discrepancy, the French version prevails.
Article 1 — Purpose and scope
These Terms of Sale (in French Conditions Générales de Vente or “CGV”) govern the relationship between VMConsulting, a sole proprietorship (entreprise individuelle — individual entrepreneur) (sole proprietorship, no share capital), with registered office at 18 rue des Borderies, 16100 Saint-Laurent-de-Cognac, France, registered with the French National Business Register (RNE), SIREN 928 891 969, VAT FR70 928 891 969 (the “Publisher”), and any individual User of legal age (≥ 18) of the “Make It or Pay” application. The Application is a habit-tracking tool based on a voluntary financial commitment: the User freely sets a fine that is charged to their card in the event of failure. Acceptance is given by ticking a box at sign-up. The Service is reserved for adult individuals residing in France.
Article 2 — Definitions
Fine/Penalty, Card, Account, Commitment, Failure, Stripe, SetupIntent (card registration without an immediate charge), “Off-session” charge (subsequent automatic charge based on the mandate given).
Article 3 — Exact nature of the amounts charged (essential clause)
3.1. The amounts charged do not constitute the price of a good or service. 3.2. They are fines freely set by the User (nature, amount, conditions of Failure). 3.3. Charge consented to in advance: by registering their Card and creating a Commitment, the User expressly and irrevocably authorises the charge via Stripe in the event of Failure, without any further confirmation at the time of the charge. 3.4. The Fine is not consideration for a service; it results from a Failure attributable to the User. 3.5. The Publisher acts as a technical intermediary.
Article 4 — Description and operation
Creation of Commitments + Fine + frequency/deadline; declaration/validation of completion; tracking. The User is solely responsible for validation; failing validation, a Failure occurs and the Fine is due. In the event of technical unavailability attributable to the Publisher preventing validation, the Fine may be cancelled or refunded (Art. 12).
Article 5 — Financial terms
5.1. Download and account are free of charge, with no subscription or access fee; only Fines are charged. 5.2. Minimum amount: €0.10 per Commitment. 5.3. Currency: EUR. 5.4. No hidden fees; any bank charges specific to the User remain the User’s responsibility.
Article 6 — Payment methods and process (Stripe)
6.1. Payments are processed by Stripe (acceptance of the Stripe Services Agreement). 6.2. Card registration (SetupIntent) without an immediate charge, as a mandatory prerequisite. 6.3. Recurring “off-session” charging mandate, freely consented to, valid for as long as the Account is active. 6.4. PCI-DSS security delegated to Stripe: the Publisher never collects or stores the card number, expiry date or CVV; only a Stripe “token” is retained. 6.5. Strong customer authentication (PSD2 / 3-D Secure) at registration. 6.6. The User shall maintain a valid and sufficiently funded Card. 6.7. Card verification (€0 authorisation). At registration, a €0 authorisation request (validation of the Card without any charge, with 3-D Secure authentication where applicable) is performed via Stripe in order to verify the validity and authenticity of the Card. This verification is intended in particular to prevent the registration of prepaid, single-use virtual or invalid cards. The Publisher reserves the right to refuse any Card that does not allow reliable recurring charging; activation of the Account requires a valid card in the holder’s name accepted following this verification.
Article 7 — Triggering and calculation of charges
Triggering event: the recording of a Failure. Amount = sum of the Fines of the Commitments in Failure over the period. Monthly billing by off-session charges; prior notification of the amount via the Application and/or e-mail.
Article 8 — Billing and receipts
A receipt/statement is made available in the Application and/or by e-mail (amount, date, details, Stripe reference). History accessible from the Account.
Article 9 — Failed payments, reminders and account lock
9.1. Retries in the event of a declined charge. 9.2. Reminders by e-mail/notification, with an invitation to settle the amounts due. 9.3. Account lock until the amounts due are paid. 9.4. Restoration after settlement. 9.5. Recovery by any legal means.
Article 10 — Term, termination and account deletion
10.1. The Account is open-ended; termination is possible at any time, free of charge. Termination takes effect once the Fines incurred have been settled and ends the mandate for the future, without affecting Fines already incurred.
10.2. Account deletion (right to erasure — GDPR). The User may at any time request the permanent deletion of their account, from the application or by request to contact@makeitorpay.com. Prior to deletion, a final charge is automatically made via Stripe in order to settle all Fines incurred (bringing the balance due to €0). Once this settlement has been completed, the account and the associated personal data are deleted or anonymised in accordance with the Privacy Policy, subject to data that must be retained under legal obligations (in particular accounting and tax obligations). If the final charge fails, effective deletion may be conditional on settlement of the amounts due.
Article 11 — Right of withdrawal
11.1. 14-day period (Art. L221-18 et seq. of the French Consumer Code). 11.2. It applies to the subscription (free of charge); withdrawal closes the Account and ends the mandate for the future. 11.3. Waiver (Art. L221-28): the User requests immediate performance and acknowledges losing their right of withdrawal once the Service has been performed / upon active use of the mechanism. 11.4. Withdrawal does not cancel Fines validly incurred before it. 11.5. Exercised by declaration to contact@makeitorpay.com or via the standard form (provided).
Article 12 — Refund policy
12.1. Fines incurred are non-refundable (contractual penalty, pre-authorised charge, amount set by the User, purpose of the mechanism). 12.2. Exception — full refund in the event of an erroneous charge: technical error/malfunction attributable to the Publisher, double charge, excessive amount, or absence of an actual Failure. 12.3. Disputes to be submitted to customer service within a reasonable time; refund via Stripe if justified. 12.4. Without prejudice to statutory rights (unauthorised transactions, Art. L133-18 et seq. of the French Monetary and Financial Code; statutory warranties).
Article 13 — Complaints and customer service
E-mail: contact@makeitorpay.com; postal address: VMConsulting, 18 rue des Borderies, 16100 Saint-Laurent-de-Cognac, France. Acknowledgement of receipt and response as soon as possible.
Article 14 — Consumer mediation
After a prior written complaint, free recourse to the mediator: Victor Magaud — contact@makeitorpay.com (designation of a certified consumer mediator in progress). ODR platform: https://ec.europa.eu/consumers/odr. Referral admissible within one year.
Article 15 — Personal data
Processing in compliance with the GDPR; see the Privacy Policy. Card data processed by Stripe (Art. 6.4). Rights may be exercised via contact@makeitorpay.com.
Article 16 — Liability
The User is solely responsible for their Commitments, amounts and validations. The Publisher is not liable in the event of force majeure or an act of the User or a third party (Card, bank, Stripe).
Article 17 — Governing law and jurisdiction
French law. Failing amicable resolution/mediation, the French courts have jurisdiction; the consumer may bring proceedings before the court of their place of residence (Art. R631-3 of the French Consumer Code).