Terms of sale
Version 2026-11-01 · Last updated:
This English text is a translation provided for convenience. The French version is the authoritative text. Read the French version
These terms of sale (the “Terms of Sale”) apply to the Pensée Premium subscription. They supplement the terms of use. You can save or print them from this page; their version is shown at the top.
1. Purpose and scope
The Terms of Sale govern the supply of the Premium subscription to a consumer, meaning an individual acting for personal purposes. By subscribing, you confirm that you have read and accept them. The applicable version is the one in force on the date you subscribe.
2. Provider and contact
The Premium service is provided by [TO BE COMPLETED: company name, or full name followed by “EI” for a sole trader], [TO BE COMPLETED: registered office or business address], [TO BE COMPLETED: SIREN number and registration (RCS or RNE)] (“we”), see the legal notice. Contact: contact@pensee.app. Complaints, withdrawal and guarantee: legal@pensee.app.
3. Buying through the App Store or Google Play
Premium can only be bought in the app, through the in-app purchase system of the App Store (Apple) or Google Play (Google). The store sells the subscription on our behalf and collects payment in its own name: it is the “merchant of record”. On the App Store this is Apple Distribution International Ltd (Ireland); on Google Play, Google Commerce Limited (Ireland).
In practice, the store:
- shows you the price and collects payment, using the payment method saved in your Apple or Google account;
- sends you the purchase confirmation and receipts;
- charges and remits the VAT of your country;
- handles renewal, cancellation and refunds, under its own terms.
The store’s terms apply in addition to these Terms of Sale: Apple Media Services Terms and Conditions, Google Play Terms of Service. We never receive your payment card details. We remain responsible for supplying the Premium service and for its conformity, and you can also exercise the rights you have under these Terms of Sale and the law against us.
4. Plans and features
Free plan, no subscription: up to 5 thoughts kept at a time, transcription by your phone’s speech recognition or typing, AI categories, reminders.
Premium, monthly subscription:
- unlimited thoughts;
- transcription of your recordings on our servers in France, without relying on your phone’s speech recognition;
- AI categories and reminders at the dates found in your thoughts;
- priority support: your messages are handled first.
Artificial intelligence results can be inaccurate, as explained in the terms of use. Premium’s main features are also shown in the app and on the store page before you buy.
5. Price
Premium costs €4.99 per month, including VAT, in France. The applicable price is the one shown by the store at the time of purchase, in your currency and including the VAT of your country of residence; it may therefore vary between countries. There are no additional fees.
6. Subscribing and payment
- In the app’s settings, choose to upgrade to Premium.
- The store’s payment sheet shows the price and the period. Confirm the purchase with the store’s button, which commits you to pay.
- The store collects payment and sends you a confirmation by email.
- We verify the purchase with the store and activate Premium on your account.
The contract is concluded when the store confirms the purchase. If Premium does not activate, use “Restore purchases” in the settings, or write to us.
7. Term, renewal and cancellation
The subscription lasts one month. It renews automatically for another month at the end of each period, at the price then in force, unless you cancel it.
You can cancel it at any time, in a few clicks, in your store’s subscription settings: Apple subscriptions or Google Play subscriptions. On the App Store, cancel at least 24 hours before the end of the current period to avoid the next renewal. The store confirms the cancellation.
Cancelling stops any further payment; you keep Premium until the end of the period already paid. Deleting the app or your Pensée account does not cancel the subscription.
Articles L. 215-1 to L. 215-3 and L. 241-3 of the French Consumer Code, on contract renewal, are reproduced in appendix 2.
8. Right of withdrawal
You have 14 days from the date you subscribe to withdraw, without giving a reason or paying any cost (articles L. 221-18 and following of the French Consumer Code). If this period ends on a Saturday, Sunday or public holiday, it is extended to the next working day.
Premium is a digital service supplied continuously: the exception for digital content (article L. 221-28, 13°) does not apply, and we do not ask you to waive your right of withdrawal.
You can withdraw free of charge online, with the function of the store you subscribed through:
- App Store: in your Apple account, open your purchase history and choose “Cancel transaction”, or request a refund at reportaproblem.apple.com;
- Google Play: use the withdrawal and refund function described in Google Play Help;
- or with us: send the form in appendix 1, or any unambiguous statement, to legal@pensee.app. We acknowledge it without delay. On Google Play, we refund you ourselves; on the App Store, where only Apple can refund a purchase, we help you with the request and, if it fails, we refund you directly.
You are refunded in full, with no deduction for the period already used, no later than 14 days after we are informed of your decision. The store refunds to the payment method used for the purchase; if we refund you directly, we do so by bank transfer, with your agreement and at no cost to you. Premium ends upon withdrawal: also check in your store’s settings that the subscription is cancelled, so that it does not renew.
9. Legal guarantee of conformity
We must supply a service that conforms to the contract and we are liable for conformity defects that appear throughout your subscription (article L. 224-25-12 of the French Consumer Code). During that period, it is up to us to prove that the service conformed (article L. 224-25-16). To use the guarantee, write to legal@pensee.app describing the problem. If a refund owed under the guarantee cannot go through the store, we refund you directly.
Legal guarantee of conformity for digital content and services (translation of the mandatory French text)
The consumer is entitled to the legal guarantee of conformity if a lack of conformity appears within one month, renewed with each renewal of the subscription, from the supply of the digital content or digital service. During this period, the consumer only has to prove that the lack of conformity exists, not when it appeared.
The legal guarantee of conformity includes the obligation to supply all updates needed to keep the digital content or digital service in conformity for one month, renewed with each renewal of the subscription.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay after their request, free of charge and without significant inconvenience to them.
The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and be refunded in full in exchange for giving up the digital content or digital service, if:
1° The trader refuses to bring the digital content or digital service into conformity;
2° Bringing the digital content or digital service into conformity is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity without costs imposed on the consumer;
4° Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;
5° The lack of conformity of the digital content or digital service persists despite the trader’s unsuccessful attempt to remedy it.
The consumer is also entitled to a price reduction or to termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer then does not have to ask first for the digital content or digital service to be brought into conformity.
Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.
Any period during which the digital content or digital service is unavailable while being brought back into conformity suspends the remaining guarantee until the digital content or digital service is supplied in conformity again.
These rights result from articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who in bad faith obstructs the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be raised to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee gives the right to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.
10. Technical requirements and cooperation
Premium works on a phone compatible with the version of the app offered on the App Store or Google Play (the minimum system version is shown on the app’s store page), with an internet connection. Reminders require you to allow notifications. If a defect occurs, you agree to cooperate with us, to the extent reasonably possible, necessary and least intrusive for you, to determine whether the defect comes from your phone or its configuration (article L. 224-25-16 of the French Consumer Code).
11. Changes to the price and the service
Price. We may change the price for future periods. We tell you at least 30 days in advance, in the app or by email, and the store informs you under its rules, asking you to accept the new price where applicable. The new price applies only from the renewal after this notice period; you can cancel at no cost before then. The price of a current period never changes.
Service. We may change Premium for a valid reason: security, technical developments, a change of provider or of the law, improvements to the service. An update that is not needed to keep the service in conformity is free of charge and announced reasonably in advance, with its date, on a durable medium. If it has a negative impact on your access to or use of the service, you may refuse or uninstall it; if the impact is more than minor, you may also terminate the contract at no cost within 30 days, and the part of the price for the remaining period is refunded. You cannot terminate if we offer to keep, at no additional cost, the service without the update and it stays in conformity (article L. 224-25-26 of the French Consumer Code).
12. End of the subscription
When the subscription ends (cancellation, withdrawal or failed payment), Premium benefits stop: transcription on our servers ends and goes back to your phone’s speech recognition, and adding new thoughts is again subject to the free plan’s limit. Your thoughts are kept and remain accessible.
13. Customer service and complaints
For any question or complaint, write to contact@pensee.app or, for a formal complaint, to legal@pensee.app. We answer as soon as possible and, for Premium subscribers, first.
14. Consumer mediation
Under articles L. 612-1 and following of the French Consumer Code, you can use a consumer mediator free of charge to settle a dispute with us amicably. First send us a written complaint at legal@pensee.app. If it is not resolved, you can refer the matter to the mediator within one year of that complaint:
- Mediator: [TO BE COMPLETED: name of the consumer mediator]
- Address: [TO BE COMPLETED: postal address of the mediator]
- Website: [TO BE COMPLETED: website of the mediator]
15. Governing law and jurisdiction
The Terms of Sale are governed by French law, without depriving you of the protection of the mandatory provisions of the law of your country of residence in the European Union. The jurisdiction rules in the section “Governing law, complaints and disputes” of the terms of use apply. The Terms of Sale are written in French; this English version is a translation.
16. Appendix 1: withdrawal form
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To [TO BE COMPLETED: company name, or full name followed by “EI” for a sole trader], [TO BE COMPLETED: registered office or business address], legal@pensee.app:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
17. Appendix 2: contract renewal
Articles L. 215-1 to L. 215-3 and L. 241-3 of the French Consumer Code (article L. 215-4). Unofficial translation; the French text in the French version of these Terms of Sale is authoritative.
Article L. 215-1
For service contracts concluded for a fixed term with a tacit renewal clause, the service provider informs the consumer in writing, by a dedicated personal letter or email, no earlier than three months and no later than one month before the end of the period in which renewal can be refused, of the option not to renew the contract concluded with a tacit renewal clause. This information, given in clear and understandable terms, states the deadline for non-renewal in a prominent box.
Where this information has not been sent in accordance with the first paragraph, the consumer may end the contract free of charge at any time from the renewal date.
Advance payments made after the last renewal date or, for open-ended contracts, after the date on which the initial fixed-term contract was converted, are then refunded within thirty days of the termination date, less the amounts corresponding to performance of the contract up to that date.
This article applies without prejudice to provisions that legally subject certain contracts to specific rules on consumer information.
By way of exception to the first paragraph, for contracts for the supply of television services within the meaning of article 2 of law no. 86-1067 of 30 September 1986 on freedom of communication and for contracts for the supply of on-demand audiovisual media services, the consumer may end the contract free of charge at any time from the first renewal if they move home or their tax household changes.
Article L. 215-1-1
Where a contract was concluded electronically, or was concluded by other means and the trader, on the day the consumer terminates it, offers the consumer the possibility of concluding contracts electronically, termination is made possible by that means.
To that end, the trader provides the consumer with a free function for carrying out, electronically, the notification and steps needed to terminate the contract. When the consumer notifies termination, the trader confirms receipt of the notification and informs the consumer, on a durable medium and within a reasonable time, of the date on which the contract ends and of the effects of termination.
A decree sets in particular the technical arrangements ensuring identification of the consumer and easy, direct and permanent access to the function mentioned in the second paragraph, such as how it is presented and used. It determines the information the consumer must provide.
Article L. 215-2
The provisions of this chapter, except article L. 215-1-1, do not apply to operators of drinking water and sanitation services.
Article L. 215-3
The provisions of this chapter also apply to contracts concluded between traders and non-professionals.
Article L. 241-3
Where the trader has not made the refund under the conditions of article L. 215-1, the sums due bear interest at the legal rate.