GENERAL TERMS AND CONDITIONS OF SERVICE AND USE

SUPAFRIENDS

Updated on 08/20/2024

  1. PREAMBLE

THE USER MUST CAREFULLY READ AND ACCEPT THESE GENERAL TERMS AND CONDITIONS OF SERVICE AND USE OF SUPAFRIENDS (HEREINAFTER DEFINED) BEFORE USING THE SERVICES PROVIDED BY THE COMPANY (HEREINAFTER DEFINED).

THESE GENERAL TERMS AND CONDITIONS OF SERVICE AND USE DEFINE THE CONDITIONS AND LEGAL OBLIGATIONS RELATED TO THE SUBSCRIPTION AND USE OF THE SERVICES OFFERED AND PROVIDED BY THE COMPANY.

ANY USE AND/OR RECOURSE TO THE SERVICES PROVIDED BY THE COMPANY TO CUSTOMERS IMPLIES UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF SERVICE AND USE, WHICH THE CUSTOMER OF THE SERVICES EXPRESSLY DECLARES AND ACKNOWLEDGES.

THEY FORM, WHERE APPLICABLE, WITH THE APPLICABLE SPECIAL CONDITIONS OF SERVICE AND ALL THE DOCUMENTS TO WHICH THEY REFER, A CONTRACT (HEREINAFTER THE "CONTRACT") BETWEEN THE COMPANY AND THE CUSTOMER.

THE USE OF THE SERVICES ON THE SITE IS EXCLUSIVELY RESERVED FOR PERSONS CAPABLE OF ENTERING INTO CONTRACTS UNDER FRENCH LAW.

  1. DEFINITIONS

In these General Terms and Conditions of Service and Use, it is agreed that the following expressions or words, whether used in the singular or plural, shall have the following meaning:

"Plan": Refers to the subscription formula allowing the User to access the Services continuously, with Credits allocated each month.

"Article": refers to any article of these GTCU.

"Privacy Policy": refers to the Company's Privacy Policy established specifically for the needs of the Services provided by the Company, forming an integral part of these GTCU and available on the SUPAFRIENDS Platform.

"Credits": refers to the virtual units allowing the use of the Services and their Features, and in particular to interact with SupaFriends on the SUPAFRIENDS Platform.

"Identifiers": refers to the identifiers and password allowing the User to access their User Account and the Services.

"User Account": refers to the secure personal space created by the User, accessible from the Company's SUPAFRIENDS Platform, via their Identifiers. This account allows the User to access the Services, manage their personal information, and track their activities and interactions within the SUPAFRIENDS Platform. The User is responsible for the confidentiality and security of their login credentials and all actions performed via their User Account.

"General Terms and Conditions of Service and Use" or "GTCU": refer to these General Terms and Conditions of Service and Use that govern the use of the Services and the subscription, if applicable, to Offers proposed by the Company, which each User must expressly accept before subscribing to and using the Services.

"Special Conditions of Service" or "SCS": refers to the special conditions, if applicable, for certain Service(s) provided by the Company, governing their specific conditions of execution and use.

"User Data": refers to all information, documents, and generally all elements (including personal data) of which the User is the owner and/or responsible, which they enter, provide, transmit, collect, generate, store and/or process in the context of their use of the Services and their interactions with SupaFriends.

"Feature": refers to any specific functionality provided by a Service.

"Offer": refers to any commercial offer that can be subscribed to by the User, grouping different Services and features, the characteristics of which are mentioned on the SUPAFRIENDS Platform.

"Pack": Refers to the one-time purchase of additional Credits, distinct from monthly Plans.

"SUPAFRIENDS Platform": refers to the computer platform developed, published, and provided by the Company, accessible at https://www.supafriends.com/, from which the Services are provided.

"Result(s)": Refers to the content automatically generated by the SUPAFRIENDS Platform from User Data.

"Service": refers to any service likely to be provided by the Company to the User, via the SUPAFRIENDS Platform, as more fully described on the SUPAFRIENDS Platform and, where applicable, in the Special Conditions of Service relating to each Service.

"Company": refers to NEVER ENDING, a simplified joint stock company with a share capital of €10,000, whose registered office is located at 408 RUE VALERY LARBAUD 34090 MONTPELLIER, registered in the Montpellier Trade and Companies Register under number 921 974 960, represented by Mr. Thibaud Zamora acting and having the necessary powers as president.

"SupaFriends": Refers to the virtual, fictional characters created by the Company using artificial intelligence models and interacting with the User in a fictional and immersive manner in a role-playing setting, generating stories in real-time based on the User Data provided.

"User": Refers to any person who has subscribed to or is using the Services provided by the Company

  1. LEGAL NOTICE

    Publisher: The SUPAFRIENDS Platform and Services are published by NEVER ENDING, a simplified joint stock company with a share capital of €10,000, whose registered office is located at 408 RUE VALERY LARBAUD 34090 MONTPELLIER, registered in the Montpellier Trade and Companies Register under number 921 974 960 and whose VAT number is FR59921974960.

    Publication Director: Mr. Thibaud ZAMORA

    Host: DigitalOcean LLC

    101 Avenue of the Americas, 2nd Floor

    New York, NY 10013

User Contact:

  1. PURPOSE – VALIDATION – ACCEPTANCE

The use of and subscription to the Services is strictly reserved for persons aged 18 and over and capable of entering into contracts under French law.

The use of and/or recourse to the Services, and where applicable, the subscription to paid Offers proposed by the Company to the User implies their unreserved acceptance of these GTCU. The mere fact of using the Services entails pure and simple acceptance of these GTCU.

It is specified as necessary that the User can save or print these GTCU, provided however that they do not modify them.

The version of the GTCU available online on the SUPAFRIENDS Platform will prevail, if applicable, over any other version of these, except for modifications that may have occurred after its use of the Services and this, in accordance with common law.

These GTCU may be supplemented, where applicable, by Special Conditions of Service specific to certain Services subscribed to by the User, together forming an indivisible and inseparable contract.

  1. ENTRY INTO FORCE – DURATION

These GTCU were updated on the date appearing on the first page of these GTCU.

These GTCU are applicable for the entire duration of use of the Services by the User.

The User is informed that the GTCU may be updated at any time under the conditions of Article 21 - UPDATE OF THE GTCU hereof.

Subsequent modifications to these GTCU will be enforceable against Users from the time they are posted online.

  1. SERVICES
    1. Presentation of Services

The SUPAFRIENDS Platform is a platform using artificial intelligence models to provide various Services exclusively in the field of entertainment, including notably to create fictional and immersive interactions with virtual characters (the SupaFriends).

SupaFriends generate stories in real-time based on User Data entered in a role-playing context, incorporating fictional references or events.

All of the Services and their Features likely to be provided by the Company are more fully described on the SUPAFRIENDS Platform.

  1. Applicable Service Conditions

The provision and use of the Services are governed by these General Terms and Conditions of Service and Use and, where applicable, the Special Conditions of Service applicable to the Services concerned and any other conditions to which said General Conditions and Special Conditions of Service refer (the "Service Conditions").

Where applicable, the Special Conditions of Service supplement these General Terms and Conditions of Service and Use.

In case of contradiction, the Special Conditions of Service prevail over these General Terms and Conditions.

All Service Conditions in force are referenced and can be consulted from the Company's SUPAFRIENDS Platform.

  1. Compliance with Service Conditions

The User agrees to subscribe to and use the Services in accordance with the Service Conditions in force.

The Services must be used in good faith.

The User agrees in particular to read and comply with these General Terms and Conditions of Service and Use and the Special Conditions of Service, as well as any information communicated to the User at the time of their subscription to the Services.

  1. Subcontracting

Subject to contrary stipulations in the SCS, the Company is authorized to subcontract all or part of the Services under its responsibility in the context of this Contract to third parties, whether they belong to the same group of companies as the Company or not, without having to inform the User or seek their prior agreement.

The Company remains in any case responsible for the subcontractors it involves in the execution of the Contract.

  1. Modification of Services

The User is informed that the Company reserves the right to modify, improve, or remove the Services at any time, without its liability being engaged in this respect.

  1. Evolution of technologies and compatibility

The Company makes every effort to ensure that the Services are compatible with current technologies and operating systems. However, due to the rapid evolution of technologies, the Company does not guarantee that the Services will always be compatible with all new versions of software or hardware.

The User is invited to keep their equipment up to date to ensure optimal access to the Services.

  1. VERIFICATION OF THE ADEQUACY OF NEEDS TO SERVICES

Before subscribing to and using Services, the User agrees to read all the Service Conditions in force (notably the applicable SCS) in order to select Services and characteristics adapted to their needs and those of third parties by or for whom the Services are used.

The User hereby declares that they have previously verified the adequacy of the Services to their needs before using them.

They declare and guarantee to have received from the Company all the information and advice necessary to subscribe to these GTCU and that consequently they waive any dispute on this point.

It is therefore up to the User to verify that the Services offered by the Company are adapted to their needs and to the legal and regulatory requirements applicable to their activities.

The User further declares that they have the knowledge, skills, and resources, including human and technical, required for the use of the Services.

  1. SUBSCRIPTION TO SERVICES

Access to the Services by the User requires the creation of a User Account.

  1. Creation of User Account

The creation of a User Account requires the provision of the following information:

  • User's Last Name;
  • User's First Name;
  • Email address constituting the User's identifier.

These elements are necessary for the validation and finalization of the User Account.

In the absence of their communication by the User, the Company will not be able to proceed with the creation of the User Account.

The User also has the possibility to create their User Account and access the Services using their Google, Discord or Facebook identifiers, or any other third-party service offered by the Company.

By registering via these third-party services, the User accepts that the Company may access certain information from their account, as summarized during the access request to the third-party service, and in accordance with the privacy policy of each third-party service.

The Company guarantees the User that it does not store or have access to the passwords of these services.

  1. Validation of User Account creation

In any case, prior to the creation of the User Account, the User must accept these GTCU and the Company's Privacy Policy by checking the following boxes:

  • "I have read and accept the GTCU and SCS of SUPAFRIENDS"
  • "I have read and accept the personal data policy of SUPAFRIENDS".

This step is crucial and the User should not check these boxes without having previously read and accepted all the clauses of these GTCU and the Privacy Policy.

The User is informed of the need to provide a valid email address in order to receive a confirmation email of the creation of said account.

  1. Validation of User's email address and finalization of User Account creation

Following their request to create a User Account, an activation email is sent to the provided email address, inviting the User to validate their registration request by clicking on the link it contains.

  1. Subscription to Services - Offers

From the activation of their User Account by the Company, the User can subscribe to the Services provided by the Company, by choosing among the Offers proposed by the Company (Plans and Packs).

The characteristics and any subscription conditions for the Offers are specified on the SUPAFRIENDS Platform.

It is specified that the subscription to a Pack is only possible if the user already has a Plan, the purchase of Packs being impossible within the framework of a free User Account.

Prior to validating their order for an Offer, the User must accept these GTCU and the Company's Privacy Policy by checking the following boxes:

  • "I have read and accept the GTCU and personal data policy of SUPAFRIENDS"

Furthermore, in order for the Services to be immediately provided to the User, the User will be invited to give their express agreement to the immediate provision of the subscribed Services by checking the following box:

"By checking this box, I expressly request the immediate execution of the Services before the expiration of the 14-day withdrawal period"

This step is crucial and the User should not check these boxes without having previously read and accepted all the clauses of these GTCU and the Privacy Policy.

  1. ACCESS TO SERVICES
    1. Identifiers

The User accesses the Services using their Identifiers

Access to and use of the Services by the User requires that the User has a User Account.

The User acknowledges and accepts that they are entirely responsible for the creation, management, and supervision of their access to the Services.

The use of the Services and associated Identifiers are strictly reserved for the User and limited to the duration of the Contract between the Company and the User. The User is solely responsible for the security of their Identifiers.

Disclosure to third parties is not authorized. Any Identification Code can only be used to obtain access by the User to the Services and its features.

The User is solely responsible for all acts performed in their name and under their Identifiers, which will be considered to have been performed by themselves. If unauthorized persons have become aware of their Identifiers, the User is required to change them without delay.

In case of forgetting, misuse, or unauthorized use of Identifiers by another person, the Company cannot be held responsible and the User must immediately inform the Company of this situation.

  1. Credits

Each interaction, suggestion, or regeneration of message under the Services and Features subscribed to by the User is deducted in Credits from the User Account, under the conditions mentioned on the SUPAFRIENDS Platform.

The use of the Services and their Features thus requires that the User holds Credits.

In the absence of available Credit on the User Account, the User will not be able to use the Services, and in particular interact with SupaFriends.

The conditions for obtaining Credits (price, quantity, ...) depend on the type of Offer subscribed to by the User, and are defined on the SUPAFRIENDS Platform.

Credits are strictly personal, non-refundable and non-transferable to other Users or other User Accounts, nor exchangeable nor fungible and have no financial or monetary countervalue and cannot be considered and/or qualified as electronic money.

The Credits obtained are subject to the following expiration conditions:

  • Free Offer: Free Credits offered upon registration do not have an expiration date, so they are usable without time limit. However, free Credits offered daily expire 24 hours after their allocation, without the possibility of carry-over.
  • Plan Offers: Credits obtained via a monthly Plan must be used during the current subscription period. At the end of each monthly cycle, all unused Credits expire and cannot be carried over to the following month. These Credits are definitively lost if not used before the renewal of the Plan.
  • Credit Pack: Credits purchased via Packs, outside of Plans, are subject to distinct conditions. These Credits do not expire as long as the User Account is active.

Credits obtained as part of a monthly Plan are time-limited and must be used in the month of their allocation. At the end of each month, unused Credits will automatically expire and be permanently deleted. Once Credits have expired, they cannot be recovered, transferred, exchanged, or refunded.

In case of deletion of the User Account, for any reason whatsoever, the remaining Credits will be permanently lost.

The Company reserves the right to modify the conditions of use of Credits at any time.

  1. USE OF SERVICES
    1. Warning about Risks Related to the Use of Services
      1. Warning about the risk of addiction

The Services that the User is about to use are designed to be recreational, immersive, and entertaining.

However, excessive use can lead to harmful effects, such as social isolation, neglect of daily responsibilities, and an increased risk of addiction.

For healthy use, the User is advised to:

  • Set time limits for use.
  • Take regular breaks to avoid tiredness.
  • Avoid prolonged sessions without interruption.

If the User feels a loss of control over the use of the Services or if it affects their relationships and daily activities, it is recommended to consult a health professional.

  1. Warning about generated sensitive content (explicit or offensive)

The User is informed that the Results proposed by the Services are automatically generated from User Data provided by the User, such as their interactions and preferences.

These Results are generated in real-time and may include suggestions or fictional responses, contain explicit scenes of violence, sexual content, explicit or offensive dialogues that are not suitable for all audiences, based on User Data transmitted by the User and/or at their express request.

The User acknowledges that some generated Results may thus contain explicit or offensive fictional content and consequently undertakes to ensure that this content is not shared with third parties likely to be offended by it.

Due to the automated nature of this process, the Company cannot exercise any direct control over the accuracy, relevance, or compliance of the generated Results.

The User acknowledges and accepts that the generated Results are strictly fictional and should be considered for entertainment purposes only.

The Company cannot be held responsible for the consequences arising from the use or interpretation by the User of the automatically generated Results.

If the User considers that these Results are likely to offend their sensibility, it is advised that the User not use the Services.

  1. Reporting

A reporting mechanism is made available to Users to notify any content deemed inappropriate or contrary to these GTCU. Any content that, according to the User, violates the rules of use or applicable laws can be reported via the dedicated interface or, failing that, by sending an email to [email protected].

The Company undertakes to process reports within 7 working days. If reported content is deemed contrary to the GTCU or applicable laws, it will be immediately deleted as a technical intermediary and disciplinary measures may be taken against the user concerned, including suspension or termination of their User Account.

  1. User’s General Behavior

It is reminded that the User, prior to their use of the Services, declares to have full legal capacity and to be of legal age, allowing them to commit to these GTCU.

The Company cannot in any case be held responsible for verifying the legal capacity of the User.
Consequently, if a person without legal capacity were to use the Company's Services, their legal guardians would assume full responsibility for this use.

The User acknowledges that the transmission of User Data is done immediately and without the Company exercising any control or any prior validation on the content of the User Data sent.

Thus, as soon as the User validates the sending of User Data, it will be automatically sent without the Company being required to exercise any control or any prior moderation/validation before its sending.

In this regard, the User is solely responsible for controlling the accuracy and legality of the User Data they transmit, which will in any case be considered as purely fictional, giving rise to no obligation for the Company in terms of moderation, reporting, or denunciation to the authorities.

In general, the User agrees to use the Services in accordance with these GTCU and any applicable legislation.

The User agrees on the occasion of their adherence to these GTCU, as well as subsequent use of the Services made available to them, not to:

  • Communicate information for their registration that is incorrect or false;
    Indicate any information contrary to good morals and the law;
  • Use the Services to circumvent the functionalities, characteristics, or limitations of the Services, or divert the Services from their purpose as defined in these GTCU;
  • Cause harassment of third parties or call on third parties to engage in harassment;
  • Incite hatred, discrimination, racism, fanaticism, and physical violence against individuals or groups of individuals;
  • Represent scenes of pedophilia, or any other shocking subject;
  • Represent or advocate illegal activities or defamatory, insulting, obscene, threatening, or slanderous behavior as well as false or misleading information;
  • Offer an illegal or unauthorized copy of works protected by copyright, patents, or trademarks;
  • Promote or encourage any criminal activity or enterprise or give indications or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses;
  • Distribute, reproduce, publish, or modify in any way elements protected by copyright, registered trademarks, or any property right belonging to third parties without their prior consent;
  • Compromise the security of the Services.

In case of infringement or contravention of these rules, the Company reserves the right to delete these litigious messages without notice, and to prevent the User's access to the Services.

In general, the User agrees to respect the principles enumerated in these GTCU and to respect other Users of the Services. In case of violation of these provisions, or repeated behavior detrimental to other Users, the Company will be free to terminate the User's adherence to the Services at any time and without notice.

  1. FINANCIAL CONDITIONS
    1. Price of Offers

The prices of Plans billed to the User are those in effect at the time of billing, as published on the Company's SUPAFRIENDS Platform.

When they are mentioned excluding taxes, VAT and any other applicable tax are added to the price of the Plans and are due by the User without this being considered as a change in price.

The methods of calculating the prices of the Services are accessible from the SUPAFRIENDS Platform.

It is the User's responsibility to be aware of this before any subscription.

Furthermore, subscription costs with the mobile telephony operator, connection and access costs to the Internet network, any surcharge billed for data loading, etc., remain the responsibility of the User, as well as costs related to the acquisition of the necessary equipment to access the Services.

  1. Price change

The Company reserves the right to modify its prices at any time.

Price changes are immediately applicable to any new subscription to an Offer or Service.

For previously subscribed Plans and Services in use, in case of a price increase, and unless otherwise stipulated in the applicable Special Conditions of Service, the User is informed with a notice period of thirty (30) calendar days by email.

In this case, the User will have, from this information, a period of thirty (30) calendar days to terminate without penalties the impacted Services and Plans, by email to the address [email protected].

Failing this, the User will be deemed to have accepted the new rates.

The aforementioned termination option is not applicable in case of price increase resulting from unforeseeable circumstances within the meaning of Article 1195 of the Civil Code. In this case, the provisions of said article apply.

  1. Billing
    1. Packs and complementary services

Orders for Packs and complementary Services are billed and debited from the validation of their order by the User.

  1. Plans

Subscribed Plans are billed and debited monthly, on the anniversary date of their subscription.

  1. Payment methods

Payments are made through a third-party payment service provider using the payment methods it Plans, as indicated on the SUPAFRIENDS Platform at the time of payment.

The User expressly authorizes the Company to directly debit the price of the Plan each month from the payment method they have chosen and declared to the third-party payment service provider.

Bank charges are entirely the responsibility of the User.

Payment is secured according to an encryption process, allowing the User's banking data to be sent encrypted to the secure online payment platform operated and managed by the payment service provider.

The Company undertakes to use only payment service providers guaranteeing the security of transactions according to an encryption process to strengthen all scrambling and encryption processes by optimizing the protection of all personal data related to this payment method. For more information, the User can directly consult the general conditions of the third-party payment service provider.

  1. Default of payment

Without prejudice to any damages, the User's failure to pay a Company invoice when due automatically results in :

  • the immediate suspension of the Services;
  • the termination of the Services under the conditions of Article 17.

Failure to pay on the scheduled due date results in the immediate payment of late payment interest, calculated from the date of said due date and until full payment, based on a rate equal to the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) points, this interest beginning to accrue on the due date.

In the case of debt recovery, the amount of the fixed indemnity for recovery costs, provided for in the twelfth paragraph of Article L. 441-6 of the Commercial Code, will be applied as defined in Decree No. 2012-1115 of October 2, 2012, namely the sum of 40 euros.

Additional compensation may be claimed, upon justification, if the recovery costs incurred are greater than the amount of the fixed indemnity.

  1. General provisions

The Company guarantees the User that it never has access to confidential information relating to the payment method used by the latter to pay for their order.

The User guarantees the Company that they have any authorizations that may be necessary to use the chosen payment method and that it gives access to sufficient funds to cover all costs resulting from the payment of their order.

Computer logs and records, kept in the Company's computer systems, under reasonable security conditions, will be considered as evidence of all transactions and payments that occurred between the Parties.

  1. RIGHT OF WITHDRAWAL

In accordance with Articles L221-18 et seq. of the Consumer Code, the Customer considered as a consumer within the meaning of the provisions of said code has a period of 14 (FOURTEEN) days to exercise their right of withdrawal concerning any new subscription to a paid Service.

The Customer will not have to justify the exercise of their right of withdrawal nor be required to pay penalties in this regard.

To be valid, the exercise of the right of withdrawal must be expressed by the Withdrawal Form available in the appendix of the GTCU or by an unambiguous declaration expressing their desire to withdraw, sent by any means (simple mail to the address: Never Ending - cancellation service - 408 rue valery larbaud 34090 Montpellier or by email to the address [email protected]).

If the Customer wishes the execution of the Services to begin before the end of the fourteen (14) day withdrawal period, they must make an express request by checking the box:

  • "By checking this box, I expressly request the immediate execution of the Services before the expiration of the 14-day withdrawal period"

The Customer who has exercised their right of withdrawal from the Services but whose execution has begun at their express request, will pay the Company an amount corresponding to the service provided until the communication of their decision to withdraw, this amount being established pro rata to the number of Credits actually used by the User as part of their Plan and/or purchase of a Pack.

Thus, in case of exercise of their right of withdrawal, the User can request the refund of the sums paid for their subscription to the Plan or the purchase of a Pack pro rata to unused Credits, within 14 (fourteen) days from the date of subscription or purchase. However, if the User has consented to the immediate execution of the Services, and has started using the Credits, they waive any right of withdrawal for the Credits already consumed.

  1. TECHNICAL PROVISIONS – QUALITY OF SERVICES

    1. The User acknowledges that he must have an internet or telecom connection to use the Services.

The User must also ensure the compatibility of his terminal through which they access the Services and will be responsible for protecting its content (for example, with an antivirus).

  1. The User declares to accept the characteristics and limitations of the Internet and computing and in particular acknowledges:
  • that he is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
  • that the User's communication of personal identification elements or in general of any information deemed by the User as confidential is done under their own responsibility;
  • that it is his responsibility to take all necessary measures to ensure that the technical characteristics of their smartphone or computer allow them to consult and use the Services;
  • that it is his responsibility to take all appropriate measures to protect the User's data and/or software from contamination by possible viruses circulating through the SUPAFRIENDS Platform.

As a result, the Company's liability cannot be engaged for all inconveniences or damages inherent to the use of the Internet network, including a service interruption, external intrusion or the presence of computer viruses. The Services are provided as is and to the extent of availability.

The Company does not guarantee error-free, uninterrupted punctual and secure provision of the Services offered via the SUPAFRIENDS Platform.

In particular, the User is warned of the technical hazards inherent to the Internet and the access interruptions that may result.

Consequently, the Company will not be held responsible for any unavailability or slowdowns of the Services.

The Services may occasionally be suspended due to maintenance interventions necessary for the proper functioning of the Company's servers.

In case of interruption of the Services for maintenance, the Company undertakes to inform the User so that they can take their provisions sufficiently in advance to avoid any disruption of their activity.

The Company cannot be held responsible for the possible impact of this unavailability on the User's activities.

The Company is not bound by any obligation of personalized assistance, particularly technical.

  1. The Company disclaims any express or implied warranty particularly concerning the quality and compatibility of the Services for the use that the User will make of them. It does not guarantee any result or benefit in the use that will be made of the Services provided by the Company.

Any technical complaint relating to the Services may be addressed by the User to the Company by email at [email protected].

  1. The SUPAFRIENDS Platform may contain hyperlinks and/or hyperlinks referring to sites edited and hosted from third-party servers, particularly concerning advertising banners, whose management is in no way assured by the Company and over which no control can be exercised.

In this respect, the Company declines all responsibility concerning the legal consequences related to access to these sites from the Services.

Similarly, the Company cannot technically prevent any website from containing hyperlinks and/or hyperlinks, referring to the SUPAFRIENDS Platform that it publishes.

In this respect, the Company declines all responsibility concerning the legal consequences related to access to the SUPAFRIENDS Platform via other Internet websites over which it has no control or effect.

  1. USER DATA AND RESULTS
    1. Responsibility

When using of the Services, the User provides User Data from which Results are generated in return by the SUPAFRIENDS Platform.

The User is solely responsible for the use they make of their User Data and the Results.

They must only use User Data on which they hold all the rights required under applicable law and must ensure their legality and that their use complies with the applicable legislation in force.

The User agrees not to generate Results that infringe intellectual property rights, third party rights or current legislation.

  1. Ownership of User Data

The User declares himself to be the owner of their User Data.

Concerning User Data, the User remains the owner of all User Data they provide in the context of using the Services, including, but not limited to, intellectual property rights relating to their User Data.

  1. License on User Data

The User grants the Company, for the entire duration of their subscription to the Services, a worldwide, revocable, non-exclusive, non-assignable and non-transferable right to use the User Data, in the context of providing the Services.

  1. Ownership of Results

The Results generated on the occasion of the implementation of the Services are the exclusive property of the Company.

However, the Company grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Results in a strictly private setting.

The User may not under any circumstances reproduce, distribute, publish or commercially exploit the Results without the prior written agreement of the Company.

  1. Illicit Results

The User has the possibility to report to the Company any Result that:

  • incites hatred, violence or discrimination against individuals because of their origin, ethnicity, religion, gender, sexual orientation, etc.,
  • glorifies sexual harassment,
  • undermines human dignity (for example, human trafficking or procuring),
  • glorifies crimes against humanity or denies their existence,
  • incites terrorism,
  • promotes very serious crimes against individuals (for example, murder or sexual assault),
  • promotes crimes involving theft, extortion, or property damage representing a danger to individuals,
  • are of a pedophile nature,
  • are dangerous for minors.

The User can report this type of content under the conditions of Article 10.2 of these GTCU.

The User grants the Company the right to access the reported content to improve its Services (for example, to help ensure that the SupaFriend does not generate illicit content).

  1. Non-training of AI models

The Company undertakes not to use User Data to train, improve or develop artificial intelligence models (LLM) via the SUPAFRIENDS Platform, without the explicit consent of the User. The data will only be processed in the context of providing the Services and personalizing the immersive experience.

  1. INTELLECTUAL PROPERTY

The Company is the exclusive holder of intellectual property rights on the SUPAFRIENDS Platform, all of its computer content, software, and in particular all texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the SUPAFRIENDS Platform as well as its databases of which it is the producer.

All these intellectual creations are protected under copyright law, trademark law, patent law, sui generis database right and image rights, and this for the whole world.

These creations are the full and entire property of the Company.

  1. License to use the SUPAFRIENDS Platform

However, the Company grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the SUPAFRIENDS Platform and the subscribed Services, for the entire duration of the Contract and for the whole world.

The User can only use the SUPAFRIENDS Platform in accordance with its intended purpose and the User's needs. In particular, this license is granted only for the sole and unique purpose of allowing the User to use the Services, to the exclusion of any other purpose.

The User may not under any circumstances make the SUPAFRIENDS Platform available to a third party, and strictly prohibits any other use, in particular any adaptation, modification, translation, arrangement, dissemination, decompilation, without this list being exhaustive.

It is reminded that access to the Services cannot be commercialized to any third party without the express and prior agreement of the Company.

Any other use constitutes infringement and is sanctioned under Intellectual Property law unless prior authorization from the Company is obtained.

As a reminder, placing a hyperlink to the SUPAFRIENDS Platform, using the technique called "framing" or "deep-linking", is strictly prohibited.

Any form of total or partial copying, aspiration and reproduction of the database produced and operated by the Company on the SUPAFRIENDS Platform is formally prohibited without its written and prior agreement.

  1. License to use the Results

The Results generated via the SUPAFRIENDS Platform remain the exclusive property of the Company.

The Company grants the User a non-exclusive, non-assignable and non-transferable license for personal, non-commercial and strictly private use of the generated Results. Any reproduction, distribution or commercial exploitation of the Results is strictly prohibited without the prior written agreement of the Company.

This license is granted for the duration of the contract and may be revoked in case of non-compliance with these GTCU.

  1. RESPONSIBILITY
    1. The Services are provided as is, without any guarantee of any kind, either express or tacit other than that provided by the law in force.

The Company undertakes to make its best efforts to secure access, consultation and use of the Services. The Services are in principle available 24 hours a day, 7 days a week subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the SUPAFRIENDS Platform and the Services.

The Company is only bound by a duty to take reasonable care in this respect.

The Company cannot in any case, within the limits of applicable law, be held responsible for:

  • damages and/or prejudices, indirect, material or immaterial, or of any nature whatsoever, resulting from an unavailability of the Service or from any use of the Service;

  • damages resulting from a case of force majeure or the unforeseeable and insurmountable act of a third party.

  • damages that would have been caused by the violation of its obligations by a User;

  • in case of defect, loss, delay or error in data transmission that are beyond its control;

  • if data does not reach it, for whatever reason, or if the data received were illegible or impossible to process;

  • in the event that the User is unable to access or use the Services for any reason whatsoever;

  • if, for any reason whatsoever, the connection should be interrupted or suspended, and damages resulting from an unavailability of the Services or from any use of the Services, nor the consequences that may result from it on his personal activity,

    1. It is reminded that the content generated via the SUPAFRIENDS Platform is automatically produced by artificial intelligence models from the User Data provided by the User. This content is strictly fictional and generated for entertainment purposes. The Company therefore does not guarantee the accuracy, truthfulness, or relevance of the generated content and declines all responsibility as to its use or interpretation.

The generated content thus does not reflect, in any way, and in any manner whatsoever, the opinions, points of view, or values of the Company, nor those of its representatives, shareholders or partners.

The User acknowledges and accepts that the generated content may include references to real or fictional persons, entities, brands or events. These references are fortuitous and do not in any way constitute a validation, promotion or truthful representation of these persons, entities or brands.

Users are entirely responsible for the use of the generated content, especially when it contains references to persons, brands or events that are not associated with the Company. It is strictly forbidden to share, reproduce or disseminate any generated content that could be offensive or infringing on the rights of third parties, including but not limited to intellectual property rights, image rights, or privacy rights.

The Company cannot be held responsible for the consequences arising from the use, dissemination or interpretation of the generated content, particularly if this content infringes on the rights of third parties, or if it is used in a manner that does not respect the laws or these GTCU.

  1. The User is solely responsible for direct or indirect damages, material or immaterial, caused to other Users and to any other third party due to the User Data that they provide or upload on the occasion of using the Services.

The User uses the Services and the Results obtained through them under their exclusive responsibility, without possible recourse against the Company.

  1. The User acknowledges that the Results generated by SupaFriends are fictional and for entertainment purposes. The Company cannot be held responsible for decisions made or actions taken by the User based on the generated Results, which always remain under the full responsibility of the User.

    1. The Company cannot be held responsible in case of non-compliant use of the Services by the User, or in case of violation of these GTCU by the User. Any abusive use of the Services, including the submission of illegal or offensive content, will result in the immediate suspension of the User Account, without notice or compensation.

The User agrees to indemnify and hold harmless the Company in case of claims, damages or costs related to the violation of these GTCU or to the abusive use of the Services by the User, including content generated and transmitted via the Platform.

  1. The User has fully become aware of the provisions of this Article and in particular the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have given him access to the SUPAFRIENDS Platform and its Services.

    1. The Results are generated according to the User Data provided by the latter, via the SUPAFRIENDS Platform, and this, automatically through artificial intelligence models.

    2. THE USER ACKNOWLEDGES THAT THESE RESULTS ARE PROVIDED FOR RECREATIONAL AND ENTERTAINMENT PURPOSES AND MAY THUS CONTAIN ERRORS OR FICTIONAL ELEMENTS AND THAT THEY SHOULD NOT BE INTERPRETED AS LEGAL ADVICE, PROFESSIONAL ADVICE OR ABSOLUTE TRUTHS.

THE COMPANY CANNOT BE HELD RESPONSIBLE FOR ANY ERRONEOUS INTERPRETATION OR ACTION TAKEN ON THE BASIS OF THE GENERATED RESULTS.

THE USE OF THE RESULTS IS AT THE USER'S OWN RISK.

  1. TERMINATION
    1. Plans

The User can terminate at any time, and without notice or compensation, their Plan from the SUPAFRIENDS Platform.

The effective termination of the Plan occurs at the next monthly anniversary date of their subscription following the termination request, any month started being definitively due and acquired by the Company.

The termination of the Plan by the User does not result in the deletion of their User Account, which continues to benefit from the free Services provided by the Company.

  1. Deletion of User Account

The User can request the deletion of their User Account at any time, without any particular reason, via the dedicated interface on the SUPAFRIENDS Platform.

The Company can terminate the use of the Services immediately and proceed with the deletion of their User Account at any time in case of breach by the User of their obligations.

In this case, the User will be notified by email.

The deletion of the User Account automatically results in the termination of access to the Services: the rights and licenses granted to the User will be immediately terminated and the User must cease all use of the Services.

From the deletion, the User will no longer have access to their User Account, to their associated User Data, nor to the Results generated during the use of the Services, which will be permanently deleted, subject to legal obligations to retain certain data.

The User is therefore invited to save any personal data or other information they wish to keep before proceeding with the deletion request.

  1. Deletion of inactive User Accounts

In addition to the deletion of User Account and termination of Services under the conditions of Article 17.2, the Company reserves the right to delete User Accounts after a period of inactivity of more than 12 (twelve) months. A User Account is considered inactive when no connection or use of the Services has been recorded during this period.

Before any deletion, the Company will inform the User of the inactivity of their User Account by an email sent to the associated email address. The User will then have a period of 30 (thirty) days to connect to their User Account in order to reactivate it.

If no activity is observed after this period, the User Account, access to Services and User Data may be deleted at the discretion of the Company. Before any deletion of their data, the User will be able to export their discussions with Supafriends in PDF format before the definitive deletion of the account.

In case of deletion of a User Account for inactivity, the User can at any time create a new User Account by following the creation procedure described in Article 8 "Subscription to Services" of these GTCU. The creation of a User Account following a deletion for inactivity will not allow the recovery of previously deleted Data, nor of Credits possibly not consumed at the date of deletion of the User Account.

  1. PRIVACY POLICY – PERSONAL DATA

All information relating to the collection and processing of the User's personal data by the Company, as well as the use of cookies on the SUPAFRIENDS Platform are available in the Privacy Policy accessible on the SUPAFRIENDS Platform.

  1. CORRESPONDENCE – PROOF

Unless otherwise provided in these GTCU, correspondence exchanged between the parties is mainly ensured by email.

In application of articles 1365 et seq. of the Civil Code and, where applicable, article L.110-3 of the Commercial Code, the parties declare that the information delivered by email is valid between the parties as long as no contradictorily authenticated and signed writing, calling into question this computerized information, is produced.

Elements such as the moment of reception or emission, as well as the quality of the received data will take precedence as they appear on the Company's information systems or as authenticated by the Company's computerized procedures unless the User and/or the Company provide written and contrary proof.

The User is informed in this regard that the connection and validation logs of the User will be kept by the Company, in compliance with the provisions of article 18 PRIVACY POLICY – PERSONAL DATA relating to the processing of personal data.

  1. FORCE MAJEURE

Any event outside the Company's control and against which it could not reasonably protect itself constitutes a case of force majeure and suspends the obligations of the parties as such, such as for example without this list being exhaustive: a social movement or technical breakdown (electricity provider, telecommunications operators, Internet access providers or hosting, Registrar, etc.), a stoppage of energy supply (such as electricity), an epidemic, a pandemic, a failure of the electronic communication network on which the Company depends and/or networks that would come to replace it.

It is agreed between the Parties to include in events of Force Majeure any event having an impact on the Services, such as cyberattacks, massive Internet outages, or incidents affecting the Company's servers or those of its subcontractors. In case of force majeure, the Company cannot be held responsible for the temporary unavailability of the Services.

The Company cannot be held responsible, or considered as having failed in its obligations provided for in these GTCU, for any non-execution linked to a case of force majeure as defined by French law and jurisprudence, on the condition that it notifies the other party on the one hand, and that it does its possible to minimize the prejudice and execute its obligations as soon as possible after cessation of the case of force majeure on the other hand.

  1. UPDATE OF THE GTCU

The Company reserves the right to modify these GTCU at any time.

Any substantial modification of these GTCU will be notified to Users by email or during their next connection to the Platform. In case of disagreement with the new conditions, the User may terminate their account without charge. If no action is taken within 30 days following the notification, the new GTCU will be considered as accepted by the User.

  1. ENTIRE AGREEMENT

These GTCU represent the entire agreement between the User and the Company, superseding any prior or subsequent proposals, correspondence, and any other provisions contained in documents exchanged between the parties relating to the subject matter of the GTCU. Any modifications to these terms shall only be valid if made in writing and duly signed by both parties.

  1. SEVERABILITY

If one or more provisions of these GTCU are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations of these GTCU will keep all their force and scope.

In this case, the Company undertakes to immediately delete and replace said clause with a legally valid clause.

  1. HEADINGS INTERPRETATION

In case of difficulty of interpretation between the title of any of the Articles and any of the clauses, the titles will be deemed unwritten.

  1. DISPUTE RESOLUTION, MEDIATION, AND JURISDICTION

In case of dispute, the Customer having the quality of "consumer" may address their complaint in writing to [email protected].

If the dispute with the Company persists despite their written complaint, the Customer having the quality of "consumer" may refer in writing, free of charge and without prejudice to the possible referral to a competent jurisdiction, to the following mediation service: [email protected].

Furthermore, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase in order to transmit them to the competent national mediators. This platform is accessible at http://ec.europa.eu/consumers/odr/.

  1. GOVERNING LAW AND JURISDICTION

These General Terms and Conditions of Service and Use are governed by French law, without prejudice to the mandatory provisions applicable to the law of the country of residence of the User if they are a European consumer.

In case of dispute relating to the validity, interpretation or execution of these General Terms and Conditions of Service and Use, the parties expressly agree to submit this dispute to the exclusive jurisdiction of the courts of Montpellier, France, unless contrary mandatory provision.

APPENDIX 1
WITHDRAWAL FORM

To the attention of Never Ending - cancellation service - 408 rue valery larbaud 34090 Montpellier; Email: [email protected]

I/we () hereby notify you of my/our () withdrawal from the contract for the sale of the good ()/for the provision of services () below:

Ordered on ()/received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of notification of this form on paper):

Date:
(*) Delete as appropriate.

APPENDIX 2
LEGAL GUARANTEES APPLICABLE TO FRENCH CONSUMERS

The consumer has the right to implement the legal guarantee of conformity in case of appearance of a lack of conformity during the period of supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service for the duration of the consumer's account registration on the platform.

The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, without charge and without major inconvenience to them.

The consumer can obtain a price reduction by keeping the digital content or digital service, or they can terminate the contract by being fully refunded in exchange for renouncing the digital content or digital service, if:

1° The professional refuses to bring the digital content or digital service into conformity;

2° The bringing into conformity of the digital content or digital service is unjustifiably delayed;

3° The bringing into conformity of the digital content or digital service cannot take place without costs imposed on the consumer;

4° The bringing into conformity of the digital content or digital service causes a major inconvenience for the consumer;

5° The non-conformity of the digital content or digital service persists despite the professional's attempt to bring it into conformity which has remained unsuccessful.

The consumer also has the right to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies that the price reduction or termination of the contract be immediate. The consumer is then not required to request the bringing into conformity of the digital content or digital service beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service with a view to bringing it into conformity suspends the guarantee that remained to run until the provision of the digital content or digital service that is again in conformity.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

The professional who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for renouncing the digital content or digital service.