TERMS OF USE
Last updated March 01, 2023
AGREEMENT TO OUR LEGAL TERMS
We are GUEMKAM SIMO PHILIPPE FABRICE,
doing business as Zerofiltre and
WaChatGPT
('Company',
'we', 'us', or
'our'),
a
company registered in
France
at 72 Av. de la Division Leclerc, 93350 Le Bourget,
France, Le Bourget, Île-de-France
93350.
Our VAT number is
FR52832621791.
We operate the mobile application
WaChatGPT (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').
We provide knowledge based on artificial intelligence through a
WhatsApp bot
You can contact us by phone at
(+33)753428623, email at info@zerofiltre.tech, or by
mail to 72 Av. de la
Division Leclerc, 93350 Le Bourget, France,
Le Bourget, Île-de-France
93350, France.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
('you'), and GUEMKAM SIMO
PHILIPPE FABRICE,
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.
User will receive a message on the WhatsApp account
associated with the number they are using WaChatGPT with.
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.
TABLE OF CONTENTS
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 the United States and around the
world.
The Content and Marks are provided in or through the Services
'AS IS' for your personal, non-commercial use or internal
business purpose 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 licence 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 or
internal business purpose.
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: info@zerofiltre.tech. 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
licence (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 licence 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
sublicence the licences granted in this
section. Our use and distribution may occur in any media formats and
through any media channels.
This licence 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 Submission and/or
Contribution;
-
warrant that any such Submission and/or
Contributions are original to you or that you have
the necessary rights and licences 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.
Copyright infringement
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately refer to the
'
COPYRIGHT
INFRINGEMENTS'
section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true,
accurate,
current, and complete; (2) you will maintain the accuracy of such information and
promptly
update such registration information as necessary; (3) you have the legal capacity and you agree to comply with
these
Legal Terms; (4) you are not a minor in the jurisdiction in which you
reside; (5) you will not access the Services through automated or
non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorised purpose; and (7) 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).
You may be required to register to use the Services. You agree
to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We
reserve the right to discontinue any products at any time for any
reason. Prices for all products are subject to change.
We accept the following forms of payment:
- Visa
- Mastercard
- Mobile payments
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 XAF.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorise 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 judgement, appear to be placed by dealers,
resellers, or
distributors.
7. REFUNDS POLICY
All sales are final and no refund will be
issued.
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 endeavours 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 unauthorised 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.
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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 unauthorised script or
other
software.
-
Use a buying agent or purchasing agent to make
purchases on the Services.
-
Make any unauthorised
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
pretences.
-
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 endeavour or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods
and services.
-
Sell or otherwise transfer your profile.
-
Use the acquired knowledge to cure or harm people.
-
Use the acquired knowledge to do any activity that
is prohibited by the law of your country of residence.
-
Use the acquired knowledge to do an activity that
requires you to have an official legal permit recognized by
the law of your country of residence.
9. 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 licences, rights, consents, releases,
and permissions to use and to authorise 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 unauthorised advertising, promotional
materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
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Your Contributions are not obscene,
lewd, lascivious, filthy,
violent, harassing, libellous,
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.
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
licence 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 authorise
sublicences of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This licence 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-categorise 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.
11.
MOBILE APPLICATION LICENCE
Use Licence
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
licence 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 endeavour,
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 Store or Google Play (each an 'App
Distributor') to access the Services: (1) the
licence granted to you for our App is
limited to a non-transferable licence to
use the application on a device that utilises the Apple iOS or Android operating
systems, as applicable,
and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the
App as specified in the terms and conditions of this mobile
application licence contained in these
Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever
to furnish any maintenance and support services with respect to the
App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor,
and the App Distributor, in accordance with its terms and policies,
may refund the purchase price, if any, paid for the App, and to the
maximum extent permitted by applicable law, the App Distributor will
have no other warranty obligation whatsoever with respect to the
App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been
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; (5) you
must comply with applicable third-party terms of agreement when
using the App, e.g. if you have a VoIP application,
then you must not be in violation of their wireless data service
agreement when using the App; and (6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application licence contained in these Legal Terms, and
that each App
Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile
application licence contained in these
Legal Terms against you as a third-party beneficiary thereof.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other
websites ('Third-Party Websites') as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content
or items belonging to or originating from third parties ('Third-Party
Content'). Such
Third-Party Websites and
Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any
Third-Party Content posted
on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or the
Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any
Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave
the Services and access the
Third-Party Websites or to
use or install any
Third-Party Content, you do
so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us blameless from
any losses sustained by you or harm caused to you relating to or
resulting in any way from any
Third-Party Content or any
contact with
Third-Party Websites.
13. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space
to place such advertisements, and we have no other relationship with
advertisers.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to 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; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
15.
PRIVACY POLICY
We care about data privacy and security. By using the Services, you
agree to be bound by our Privacy Policy posted on the Services, which
is incorporated into these Legal Terms. Please be advised the Services
are hosted in
France. If you access the Services from
any other region of
the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
France, then through your continued use of
the Services, you
are transferring your data to
France, and you expressly consent to have
your data
transferred to and processed in
France.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately notify us using
the contact information provided below (a 'Notification'). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an
attorney.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and 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 without limitation pursuing civil,
criminal, and injunctive redress.
18. 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 without
notice. However, we have no obligation 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
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services
at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
19. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws
of France, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the
law in your country to residence. GUEMKAM SIMO PHILIPPE
FABRICE and yourself both agree to submit to the non-exclusive
jurisdiction of the courts of Paris, which means that
you may make a claim to defend your consumer protection rights in
regards to these Legal Terms in France, or in the EU country in which you reside.
20. 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
(except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party
to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having
its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be Paris,
France. The language of the proceedings shall be French.
Applicable rules of substantive law shall be the law of
France.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class
action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
22.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE 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, WITHOUT LIMITATION, THE 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 SERVICES' CONTENT OR THE CONTENT
OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR
SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY 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
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO
US. CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions;
(2) use of the
Services; (3) breach of
these Legal Terms; (4) any
breach of your representations and warranties set forth in these Legal
Terms; (5) your violation of
the rights of a third party, including but not limited to intellectual
property rights; or (6) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defence and control of any
matter for which you
are required to indemnify us, and you agree to cooperate, at your
expense, with our defence of such claims.
We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
27. CALIFORNIA USERS AND
RESIDENTS
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.
28. MISCELLANEOUS
These Legal Terms and 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 shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by 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. 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. You
hereby waive any and all defences 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.
29. 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:
GUEMKAM SIMO PHILIPPE
FABRICE
72 Av. de la Division Leclerc, 93350 Le Bourget, France
Le Bourget,
Île-de-France
93350
France
Phone: (+33)753428623
info@zerofiltre.tech