Terms and Conditions

Effective Date: January 9, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Immediate Transformation Academy ("Company," "we," "us," "our"), a company registered in 6 Rue D'armaille, 75017 Paris, France.

We operate the website https://openerai.app (the "Site") mobile application Opener AI - Texting Assistant (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at +1 (626) 323-1453, email at [email protected] or by mail to: 6 Rue d'armaille, 75017 Paris, France.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Immediate Transformation Academy, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms
from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in France and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

- access the Services; and

- download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected] . If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions:

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos):

By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload:

By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

- to the extent permissible by applicable law, waive any and all moral rights to any such Submissionand/or Contribution;

- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content:

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in whichever currency Apple or Google charges you in.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. CANCELLATION

All purchases are non-refundable. On Apple devices by visiting your iCloud subscription settings and opting out of subscription renewal. On Google devices by visiting your Google account subscription settings and opting out of subscription renewal. Please do so at least 24-hours prior to subscription renewal to ensure adequate time for Apple/Google to process your update. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at [email protected] or call us at +1 (626) 323-1453.

6. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

- Use any information obtained from the Services in order to harass, abuse, or harm another person.

- Make improper use of our support services or submit false reports of abuse or misconduct.

- Use the Services in a manner inconsistent with any applicable laws or regulations.

- Engage in unauthorized framing of or linking to the Services.

- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

- Delete the copyright or other proprietary rights notice from any Content.

- Attempt to impersonate another user or person or use the username of another user.

- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as"spyware" or "passive collection mechanisms" or "pcms").

- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

- Use a buying agent or purchasing agent to make purchases on the Services.

- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms

- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

- Your Contributions are not false, inaccurate, or misleading.

- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

- Your Contributions do not violate any applicable law, regulation, or rule.

- Your Contributions do not violate the privacy or publicity rights of any third party.

- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor") to access the Services:

License: The license granted to you for our App is a non-transferable license to use the App on a device that operates on the Apple iOS or Android operating systems, in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

Maintenance and Support: We are responsible for providing any maintenance and support services related to the App, as specified in the terms and conditions of this mobile application license or as otherwise required by applicable law. You acknowledge that each App Distributor has no obligation to provide any maintenance or support services for the App.

Warranty Failure: If the App fails to conform to any applicable warranty, you may notify the relevant App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no further warranty obligations regarding the App.

Representations and Warranties: You represent and warrant that:(i) you are not located in a country that is subject to a US government embargo or designated by the US government as a "terrorist-supporting" country; and(ii) you are not listed on any US government list of prohibited or restricted parties.

Compliance with Third-Party Agreements: You must comply with any applicable third-party terms of agreement when using the App. For example, if you use a VoIP application, you must ensure compliance with its wireless data service agreement while using the App.

App Distributors as Third-Party Beneficiaries: You acknowledge and agree that the App Distributors are third-party beneficiaries of this mobile application license. As such, each App Distributor has the right (and is deemed to have accepted the right) to enforce these terms and conditions against you as a third-party beneficiary.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites ("Third-Party Websites") or may direct you to third-party content, such as articles, photographs, text, graphics, music, videos, information, applications, software, and other materials ("Third-Party Content").

We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. As such, we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content available on, or through, the Services, including but not limited to the content, accuracy, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content.

Inclusion of, or linking to, Third-Party Websites or Third-Party Content does not imply endorsement or approval by us. If you decide to leave the Services and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and you acknowledge that these Legal Terms no longer govern your use of those external websites or content. We recommend that you review the applicable terms and privacy policies of any website or application you visit or install from the Services.

Any purchases made through Third-Party Websites are solely between you and the applicable third party. We do not take any responsibility for such transactions. You acknowledge that we do not endorse the products or services offered on Third-Party Websites and agree to hold us harmless from any harm or losses arising from purchases made on such sites. Furthermore, you agree to hold us harmless from any losses, damages, or other harm caused by or resulting from your use of Third-Party Content or your interactions with Third-Party Websites.

12. ADVERTISERS

We may allow advertisers to display advertisements and other content in certain areas of the Services, such as sidebar or banner advertisements. While we provide the space for such advertisements, we do not endorse or guarantee the products, services, or information offered by advertisers. Any interactions or transactions between you and advertisers are solely between you and the advertiser, and we disclaim any liability for such interactions or transactions.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

- Monitor the Services for violations of these Legal Terms.

- Take appropriate legal action against anyone who, in our sole discretion and in compliance with applicable law, violates the law or these Legal Terms, including, without limitation, reporting such users to law enforcement authorities.

- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, in our sole discretion and without limitation, where justified and in compliance with applicable laws.

- Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without prior notice, to the extent such action is lawful and proportionate.

- Manage the Services in a manner designed to protect our rights and property, facilitate the proper functioning of the Services, and ensure compliance with applicable laws and regulations.

14. PRIVACY POLICY

We value your privacy and are committed to protecting your personal data. Please review our Privacy Policy at

https://openerai.app/privacy. By using the Services, you agree to be bound by the terms of our Privacy Policy, which is incorporated into these Legal Terms.

The Services are hosted in France. If you access the Services from outside France or the European Union, where laws governing personal data collection, use, or disclosure differ from those applicable in France, you acknowledge and agree that your data will be transferred to and processed in France. By continuing to use the Services, you expressly consent to such transfer and processing in compliance with our Privacy Policy.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. Subject to applicable laws, we reserve the right, in our sole discretion, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information you have posted at any time, without prior notice, where such action is lawful and justified.

If we terminate or suspend your account for a valid reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, or injunctive remedies where permitted by law.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion, with or without notice. However, we are not obligated to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services, except as required by applicable law.

We strive to ensure the Services are available at all times but cannot guarantee uninterrupted access. Maintenance, updates, technical issues, or unforeseen events may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without prior notice.

You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance, except where such liability is required under applicable consumer protection laws. Nothing in these Legal Terms shall obligate us to maintain or support the Services, or to provide corrections, updates, or releases, unless required by law.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of France. This includes the mandatory consumer protection provisions of the European Union (where applicable), regardless of your location. These Terms shall be deemed fully executed and performed in France, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating formal legal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.

Alternative Dispute Resolution (ADR)

If the Parties are unable to resolve a Dispute through informal negotiations, the Parties agree to explore resolution through a mediation process in accordance with French law and the European Directive 2013/11/EU on consumer ADR. If mediation is unsuccessful, the Dispute may proceed to arbitration or court, as outlined below.

Arbitration

If both Parties agree, the Dispute may be resolved through binding arbitration under the rules of a French arbitration institution, such as the International Chamber of Commerce (ICC) or the Paris Arbitration Center. The arbitration will take place in France and will be conducted in French (or English if both Parties agree). Any arbitration fees will be shared equally by the Parties unless otherwise required by applicable law. Arbitration is not mandatory and does not prevent access to judicial remedies.

Court Jurisdiction

If the Dispute cannot be resolved through informal negotiations or ADR, it shall be brought before the competent courts of Paris, France. The Parties agree that French law governs these Legal Terms, and any claims will be subject to French consumer and contract laws.

Limitation Period

Disputes must be initiated within the statutory limitation periods set forth under French law.

Mandatory Provisions

Nothing in these Legal Terms shall limit your rights as a consumer under French or EU law, including your right to initiate legal action in your place of residence if applicable.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by French and EU law:

- Arbitration may not be consolidated with any other proceeding.

- Consumers cannot be required to waive their right to participate in a class action, collective action, or representative claim, where such rights are recognized by applicable law.

- Disputes cannot be brought in a purported representative capacity on behalf of the general public or any other persons unless explicitly allowed by French law.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations or binding arbitration:

- Disputes related to enforcing, protecting, or determining the validity of a Party’s intellectual property rights.

- Disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use of the services.

- Claims seeking injunctive or equitable relief.

If any part of this provision is found to be illegal or unenforceable under French or EU law, such Disputes will instead be decided by a court of competent jurisdiction within France, and the Parties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS

The information provided on the Services may occasionally contain typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or amend the information on the Services at any time without prior notice. However, such corrections or updates will not affect any agreements, purchases, or commitments made prior to the correction, in compliance with applicable consumer protection laws.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES, OR CONTENT ON ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR:

- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS;

- PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;

- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;

- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;

- BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALICIOUS SOFTWARE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR

- ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN BANNER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE, YOU SHOULD EXERCISE CAUTION AND USE YOUR BEST JUDGMENT WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE OUT OF FRAUD, GROSS NEGLIGENCE, OR PERSONAL INJURY. IN NO CASE WILL OUR LIABILITY EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

CERTAIN EU LAWS AND FRENCH CONSUMER PROTECTION LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, AND THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS UNDER SUCH LAWS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, arising from:

(1) your Contributions;
(2) your use of the Services;
(3) breach of these Legal Terms;
(4) your violation of these Legal Terms, including your representations and warranties;
(5) any violation of third-party rights, including intellectual property rights, caused by you; or
(6) any harmful act toward another user of the Services with whom you connected via the Services.

However, this indemnity does not apply if the claim arises from our breach of these Legal Terms or our failure to meet our legal obligations, including consumer protection laws under EU or French law.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You will be notified of any claims that fall under this indemnity obligation.

This clause does not limit your statutory rights as a consumer under applicable EU or French law.

23. USER DATA

We collect and store certain minimal data necessary for the operation of the Services, including Apple or Google user IDs and answers to onboarding questions. We do not collect or process personal data such as names, emails, images, or text unless explicitly provided by you.

We take reasonable measures to protect your data, but you are solely responsible for the data you transmit or the activities you undertake using the Services. While we perform regular backups, we cannot guarantee the security or integrity of your data. We recommend that you keep your own backup copies of any data that you transmit via the Services.

We will not be liable for any loss or corruption of your data, except in cases where such loss results from our failure to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). You acknowledge that under the GDPR, you have rights over your data, including the right to access, rectify, or erase any personal data. However, since we only collect Apple or Google user IDs and onboarding questions (and do not process sensitive personal data), we will only process data to the extent necessary for the provision of our Services.

If you wish to exercise any rights concerning your data or have concerns about how your data is being handled, please contact us at: [email protected] or review our Privacy Policy page.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or payments and credits by any means other than electronic.

Changes:

- Reworded for better readability and flow, such as changing "agree" to "consent" in certain places for consistency and clarity.

- Added "By using the Services" in the second sentence to clarify the user's consent is implicit when using the services.

25. CALIFORNIA USERS AND RESIDENTS:

Under the California Consumer Privacy Act (CCPA), California residents have specific rights regarding their personal data. If you are a California resident and would like to exercise your rights, including the right to access, delete, or opt-out of the sale of your personal data, please refer to our Privacy Policy for more details. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

26. EU USERS - DATA SUBJECT RIGHTS

In accordance with the General Data Protection Regulation (GDPR), if you are located in the European Union, you have the right to request access to, correction of, or deletion of your personal data. To exercise these rights or for more information on how we handle your data, please contact us at [email protected] or refer to our Privacy Policy.

27. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms does not operate as a waiver of such right or provision. These Legal Terms will operate to the fullest extent permissible by applicable law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to acts of God, strikes, supply chain issues, or any other events beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

These Legal Terms and any agreements executed under them will be governed by the laws of France and subject to the jurisdiction of the French courts. If you are a consumer in the European Union, nothing in these Legal Terms will affect your statutory rights under applicable EU consumer protection law.

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Email: [email protected]

Phone: +1 (626) 323-1453

Address: 6 Rue d'armaille, 75017 Parsi, France.