The purpose of these general terms and conditions (hereinafter the "Terms of Use") is to govern the conditionsof access to the "AMATA" dating application (hereinafter the "Application") implemented by WINGMATE SAS (hereinafter the "Company"), as well as the rights and obligations of any person using the Application (hereinafter the "User(s)").
The Application is a mobile application that offers a dating service for strictly personal purposes (hereinafterthe “Service") using an artificial intelligence tool (hereinafter "AI") as described herein.
By registering with the Application according to the details described in Article 2, and by using all or part of the Application, the User indicates its unreserved acceptance of these Terms of Use, which constitute a legally binding contract between the Company and the User.
The latest version of the Terms of Use is always available on the Application. If the User refuses to be contractually bound by these Terms of Use, the User must not finalize his or her registration and, in any case, use any part of the Application and its Service.
The User is therefore requested to read these Terms of Use carefully before installing, registering with or downloading the Application and/or using any of the Services offered therein.
The Company reserves the right, in its sole discretion, to modify and update the present Terms of Use at any time and without prior notice in the light of changes to the Application and/or changes to the applicable regulations in force.
All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.Consequently, it is the User's responsibility to consult these Terms of Use regularly.
Any use of the Application following modifications to these Terms of Use will constitute acceptance by the User of these modifications.
Last update: January 7th, 2026
2.1.1. In order to use the Application and benefit from the Service, the User must have a smartphone, Internet access and a personal account (referred to as the “Account"). Access to the Application is subject to the conditions described in these Terms of Use. Any costs associated with connection to the Application and use of the Service, as invoiced by access providers or telephone operators, remain the sole responsibility of the User.
2.1.2. This App is offered and available to Users who are 21 years of age or older. By using this App, User represents and warrants that it is of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If User does not meet all of these requirements, User must not access or use the App.Given the nature and purpose of the Application, the User shall use the Service for strictly personal purposes only, to the exclusion of any commercial use whatsoever or, more generally, any use contrary to its purpose.This is an essential and determining condition of these Terms of Use.Any registrations not complying with the Terms of Use, applicable laws, and/or the above conditions may be terminated or cancelled immediately and without notice.
2.1.3. In order to create an Account and benefit from the Service offered by the Application, the User must register directly using the form available on the Application, by completely and accurately filling in the registration form, validating it and accepting the Terms of Use. The User will then be asked to provide certain information to enable the Application to function properly, and in particular to offer the best possible Service.In order to confirm the User's identity, and in particular to ensure that the Account is being used on his or her smartphone, the User will be asked to provide contact details (telephone number and/or email address), to which an identification code can be sent.The Company reserves the right either not to create the User's Account if any of the required information is not provided or if the User has not accepted the Terms of Use, or to delete the Account without notice if any of the afore mentioned requirements are subsequently found not to have been met.When using the Application at a later date, the User can access its Account by entering its email address and password.
2.1.4. The User shall create only one Account, the Company reserving the right to delete any additional account created by the same User.The User whose Account has been suspended and/or deleted is prohibited from creating a new Account. The Company reserves the right to delete any Account created́ in violation of the present prohibition or more generally of the present Terms of Use.
2.2.1. The User guarantees that the information the User provides, directly or indirectly, is accurate, up-to-date and complete concerning its identity and contact details. In particular, the User undertakes to ensure that the User is the owner of the e-mail address communicated as part of its registration, that it is valid and that theUser consults it regularly. The User also undertakes to update the information communicated on its Account as soon as any of it is modified, in order to maintain the accuracy of the information.
2.2.2. In addition to the information provided at registration, the User understands that, due to the nature of the Service, the User may communicate other personal information in the course of exchanges with the AI or while using the Service, in order to optimize the matchmaking process and to benefit from the best possible Service, under the conditions described these Terms of Service and in particular in Article 3.2.3. As such, the User undertakes to ensure the accuracy of its statements and the information it provides in this context, whether to enable the Company to provide the best possible Service and/or to other Users who may have access to such information and who may be influenced by it in their decision to match.
2.2.3. The User undertakes to regularly update all information relating to its profile either directly, where possible, or by submitting a request to customer service in other cases, in order to maintain its accuracy, and in its own interest, given the purpose of the Service. Users may modify their personal data at any time by logging directly into their Account.
2.2.4. The Company reserves the right to verify compliance with these Terms of Use and, in this respect, to request from the User all information and verifications necessary to attest to the accuracy of the information provided by the User. In the event that it is suspected for legitimate or proven reasons that the User has provided false, inaccurate, materially out-of-date or incomplete data, the Company shall be entitled to suspend or terminate these Terms of Use and its Account and to refuse such User future access to all or part of the Service.
2.2.5. Under no circumstances may the Company be held liable for any error, omission or inaccuracy in the information provided by the User under his or her responsibility.
2.3.1. The User's identifier and password enabling him/her to access the Account and its data are strictly confidential and personal.
2.3.2. The User is solely responsible for any use that may be made of its Account. The User undertakes to inform the Company immediately of any unauthorized use or any breach of confidentiality or security of its identification data or Account.The User shall inform the Company immediately of any use or risk of unauthorized use of its Account, and of any breach of confidentiality or security , using the contact form available on the Application.
2.3.3. If the Company has legitimate reason to believe that the security of the Service or Application is being violated or that it is being misused due to unauthorized use of the User's means of identification or Account, it may temporarily or permanently suspend the Account in order to preserve the integrity of the Application and the data, and, if deemed appropriate, require certain modifications.
Insofar as the User's means of identification come into the hands of third parties through the User's fault or as a result of the User's actions, the User shall be solely responsible for any use of these means of identification and for any us of the Service made as a result
3.1.1. The purpose of the Service is to put Users in contact with each other for personal and dating purposes.As such, the User interacts with the AI in order to enable the AI to refine its knowledge of the User, and to introduce the User to other Users for whom such a matchmaking appears relevant. As such, the Service constitutes an AI exchange service with one or more Users in the event of a match.
3.1.2. Based on the information provided by the User, the AI suggests that the User connect with and ideally, meet another User on a date (hereinafter the “Date”).If both users agree to meet, the AI creates a group chat between them and the AI, and they are then offered different time slots to schedule the Date. The two Users then have 48 hours to indicate their availability.
The AI selects the closest possible date and time based on their schedules. The initial scheduling window for a Date is limited to a maximum period of three (3) weeks from the time the scheduling process begins. Users acknowledge and agree that Dates cannot be scheduled beyond this timeframe. The User further acknowledges that an inability to identify a mutually available time slot within this period does not constitute grounds for a refund.
Once both Users have confirmed to the Date at AI’s proposed date and time, the AI makes a reservation at a location (hereinafter referred to as the “Location”) where the Users are invited to meet. Each User receives a confirmation request 24 hours before the scheduled meeting to confirm their attendance between 9 a.m. the day before and 4 hours before the Date.
If the Date is not confirmed by both Users, the Date is canceled. Organizing a Date requires the use of a token under the conditions described in Article 4.
While Company makes every reasonable effort to facilitate a Date at the Location, Company does not guarantee the availability, accessibility, or continued operation of any Location. The Company is not responsible for circumstances beyond its reasonable control, including but not limited to a Location being closed unexpectedly, hosting a private or ticketed event notposted on its website, temporarily or permanently ceasing operations, changing its hours of operation, or otherwise being unavailable at the time of the scheduled Date, even if such changes occur after the Date has been scheduled by the AI.
3.1.3. Two hours before the agreed Date, both Users may use the Application to chat directly with each other using the chat feature provided (hereinafter the “Chat”), allowing them to discuss logistics or inform each other of any delays. Company has no involvement, nor is it liable for either User or a third party with respect to the content of such Chats. This Chat will remain open until a User decides to close the conversation or is no longer a User of the Application under the conditions described in Article 8. Chatting is not available before thiswindow to maintain focus on in-person connections.
3.1.4. Users undertake to make every reasonable effort to honor the Date out of respect for the other User who has agreed to meet them and for the organization of the Location where the Date is scheduled to take place.As such, the User undertakes not to cancel or postpone the Date for compelling reasons, as any change may result in the payment of a token under the conditions described in Article 8 and/or the suspension of their Account under the conditions described in Article 3.
3.2.1. The User declares and acknowledges that the User is solely responsible for the Use of the Application and the Chat. The User assumes full responsibility for the content the User places in the Chat, ensuring that it complies with current regulations and societal morality and does not infringe any rights of third parties.
3.2.2. The User undertakes in particular to ensure that its conduct within the Application complies with all applicable laws and the principles described above and in particular that the content and messages:
3.2.3. To a reasonable extent, the User agrees to honor scheduled Dates and to avoid canceling them. The User is aware that canceling a date has consequences for other Users who have scheduled the Date, as well as for the Location where the Date was to take place. An excessive number of cancellations will be considered abnormal use of the Application, which may result in account suspension or termination of the Service at the Company’s sole discretion.
3.2.4. The User understands and acknowledges that the Service uses an AI whose objective is to provide the most appropriate user experience with respect to its Users and, in particular, to put them in contact with each other.As such, the Service requires the User to ensure the sincerity and veracity of the information the User communicates within the Application, in order to be taken into account by the AI.
Failing this, the User understands and acknowledges that the relevance of the Service provided may be altered and fail the intended purpose.Consequently, and in addition to the behavioral commitments that the User undertakes to make when using the Application, the User undertakes in particular to make appropriate use of the Service and AI, in particular by providing relevant, real and accurate information. In particular, the User undertakes to be the author of all content made available on the Application, and in particular not to use another artificial intelligence service to write content for it or to use any tool designed to divert its function.
In particular, the User undertakes to use the AI in good faith when operating the Service, and not to provide any information that would result, whether intentionally or not, in distorting the operation of the AI, including but not limited to means of false declarations, and therefore to allow contact to be made with other Users under conditions contrary to these Terms of Use and, more generally, contrary to the purpose of the Service.
3.3.1. The User understands and acknowledges that due to the very nature of the Service, all Chats are processed by the AI, including in the event of contact with another User, and that AI analyzes all messages for the purposes of:
3.3.2. User understands and acknowledges that the Application does not in any way offer a messaging service ensuring the confidentiality of exchanges, as the Company, through its AI, may access the content at any time.Company makes every effort to ensure that the information transmitted to the AI is not identifiable if it appears to be sensitive. However, it cannot be ruled out that any information you provide to the AI may be shared with other users as part of the matching process in the event of errors or anomalies in the current state of technology. Furthermore, this information shared with the AI and in the Application will not be shared with third parties.
3.3.3. Under no circumstances shall AI's acknowledgement of messages transmitted by a User constitute validation or agreement of any kind whatsoever as to the content of the messages, which are drafted under the User's sole control and responsibility, and shall not entail any obligation or liability on the part of the Company.
3.4.1. In order to make every reasonable effort to ensure the safety of all persons using the Platform, Users shall report any behavior that they reasonably believe to be contrary to these Terms of Use, in particular by providing evidence of the disputed behavior, directly to the Company through customer support and not to the AI, whose report would not be taken into account and Company disclaims any and all liability with respect to reports made to AI. Unless required by law, the Company is not obliged to take action in response to areport but may, at its sole discretion, issue a warning, suspend an Account or take any other appropriate action to allow the User whose behavior has been reported to justify their compliance with these Terms of Use.Company may, at its discretion, refer to information from the AI when investigating a User’s report.
3.4.2. Due to the nature of the Service, the User may interact with other Users on the basis of information provided by all Users. Despite its efforts to provide the best possible Service, in particular by ensuring that Users agree to the Terms of Service of their use of the Application, the Company has no control over Chats or other information transmitted. The User is invited to take all necessary precautions to guarantee its security and to avoid any interaction, within or outside the Application, which might in any way harm it or any third party.Users are solely responsible for all content transmitted to other Users directly or that AI communicates to other Users on the basis of information provided by a User.
3.4.3. Moreover, the User understands and acknowledges that the Service is provided by means of an artificial intelligence tool whose operation is proposed exclusively on the basis of information sent by other Users. In this respect, the User understands and acknowledges that the User is the sole master and decision-maker of its decisions in the context of the interactions it undertakes with other Users, including when the connections have been made via the Service. In this respect, the User understands and acknowledges that connections are made on the basis of suggestions, and that the User remains solely responsible for deciding at any time whether or not to pursue them, and that it is the User's responsibility to decide in full knowledge of the facts how to use the Service, independently of the AI's suggestions, whose technical operation remains limited and cannot in any way take precedence over the decisions made by the User.
3.4.4. The User agrees to make its best efforts to apply the safety recommendations of the Company while using the Application, which can be found on the dedicated safety page in the application and the website ( www.amata.ai/safety)
4.1.1. Token consumption
In order to plan a Date under the conditions defined in these Terms of Use, and in particular in Article 3, each User must use a token that can be purchased either individually on the Application or by subscribing under the conditions described in Article 4.2. (hereafter “Token”).Payment for Tokens, whether individually or by subscription, is made under the conditions described in Article 4.2.
4.1.2. Rescheduling or cancellation.
If an issue arises unexpectedly, the user must notify their Date via the Chat and contact the venue to cancel the booking of the Date within the limit of only 2 hours before the date. If a User cancels the Date otherwise, they lose their Token and are not eligible for a refund.Moreover, to ensure a smooth experience for all Users, the AI will pause profile introductions for seven (7) days if a User cancels two consecutive intros or fails to validate two consecutive intros on time.Users can still schedule ongoing Dates and use the Chat with past connections during this period.By using this feature, Users agree to adhere to these Terms of Use, promoting an efficient and intentional dating experience.
4.1.3. Organization outside the Application
If Users choose to organize and attend a Date independently, outside of the scheduling and confirmation process facilitated by the Application, they forfeit eligibility for a refund of their Token. All perks and protections apply exclusively to Dates arranged and confirmed through the Application’s official process.Moreover, Users who encourage others to bypass the Application’s Date organization process — including but not limited to sharing personal contact information, social media handles, or QR codes in their profile photos or descriptions — undermine the Application’s integrity. Such behavior may result in a warning, temporary suspension, or permanent ban at the discretion of the Company.
4.1.4. Token back
Subject to the provisions of Article 4.1.,if one of the Users cancels at any time or reschedules less than 48 hours before the Date and the Date is not carried out, such User is not eligible for the reallocation of a Token that is lost. However, the other User who undergoes the cancellation or rescheduling less than 48 hours in advance recovers their Token.In any case, Tokens can never be redeemed for cash or credit.
4.2.1. Overview of the Premium Subscription.
The Company offers an optional paid Premium subscription (“Premium”) that provides (i) unlimited date Tokens to confirm in-person dates within the Application, (ii) access to Premium features, and (iii) weekly-refilled Consumables. “Consumables” are defined as custom notes and standout credits and other additional features). Premium may be purchased for 1, 3, or 6-months terms. Premium price is valid on the date ofsubscription and for the selected period. Unless canceled as described below, Premium automatically renews for the same term and price then in effect subject to any price changes as specified below. Premium offers tools and conveniences only and does not guarantee any outcome or number of matches, messages, Chats, Dates, or relationships.
4.2.2. Billing Channels & Managing a Subscription.
Purchases of Tokens or Premium may be processed either through an external app store (e.g., Apple App Store or Google Play, each an “External Service”) or directly within AMATA (“Internal Purchase”). If a User subscribed via an External Service, it must manage and cancel its subscription through that External Service’s account settings (for example, Apple: Settings ▸ [Your Name] ▸ Subscriptions; Google Play: Play Store ▸ Account ▸ Payments & Subscriptions ▸ Subscriptions).
Deleting a User’s AMATA account does not cancel an External Service subscription. If User made an Internal Purchase, it may manage and cancel those in the Application’s Account/Subscription settings. The User authorizes the Company for Internal Purchases or the External Service to charge the payment method you provide on a recurring basis until you cancel. If a charge fails, the User remains responsible for any uncollected amounts; billing dates may change.
The Company may obtain updated credit card details from the credit card issuer where permitted. Initiating a chargeback for tokens or any services may result in immediate suspension or termination of access to the Application or Premium.
4.2.3. Renewal, Cancellation & Access Period.
Your Premium benefits continue until the end of the then-current paid term. If you cancel before the renewal date, the subscription will not renew and will expire at the end of that term. If you delete your AMATA account while you have an Internal Purchase, your Premium may be canceled immediately and you will no longer be able to use the subscription for the remainder of the current term, after which it will be terminated. ExternalService subscriptions are controlled by the External Service and must be canceled in accordance to their terms and conditions. Prices and available features may vary, and the Company may modify them prospectively; continued use of the Application after notice constitutes acceptance of the new pricing/features unless you cancel before renewal.
4.2.4. Consumables Policy (refill, non-cumulative, and end-of-term).
(a) Weekly Refill. Consumables are refilled to their maximum quantities every week on the weekday anniversary of your subscription start date, regardless of when you used them during the prior week.
(b) No Carry-Over. Consumables do not roll over or accumulate. If you have not used all Consumables as of the weekly refill time, they reset to the maximum and never exceed that maximum.
(c) While Canceled but Still Active. If you cancel Premium, it remains active until the monthly (or applicable term) anniversary of your subscription date; any remaining Consumables can be used during this active period.If you have already used all Consumables and a scheduled weekly refill occurs before your paid term ends, they are refilled to the maximum and may be used before expiry.
(d) Expiry Forfeiture. At the end of your paid term, any unused Consumables are forfeited and will not be restored if you re-subscribe later. Consumables and date tokens have no cash value and are never redeemable for cash or credit.
(e) Non-Refundability. All Premium purchases, Tokens, and Consumables are final and non-refundable, including for unused time or unused Consumables, except where a refund is required by applicable law (see “State-Specific Rights” below). Virtual-item style benefits provided as part of Premium (e.g., credits, boosts, tokens, or similar) are licensed, not sold; they may be modified, limited, or discontinued at any time, and are non-transferable and non-redeemable.
(f) State-Specific Rights for U.S. Residents (where applicable). Some U.S. states may grant additional cancellation or refund rights for “dating service” contracts. Where required by law (including, without limitation, Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin), you may cancel your subscription without penalty or obligation at any time prior to a certain time period, e.g. midnight of the third business day after the date you subscribed. In some states,your estate (upon death) or you (upon disability preventing use of the Service) may be entitled to a pro-rated refund for the period after death or disability. If you subscribed via Apple or Google, you must request cancellation/refunds through that store; otherwise, contact the Company Support via the in-app help center or at the email listed in the Application.
4.2.5. Misuse & Compliance.
The Company may suspend, limit, or terminate Premium and/or your account for suspected fraud, abuse, or violations of these Terms of Use, without refund. Premium availability, features, and eligibility may differ by region and device and may change from time to time at Company’s sole discretion.
4.2.6. Right to Refuse, Withhold, or Not Renew Premium.
To protect the integrity of the Service and other Users’ experience, the Company may, in its reasonable discretion, refuse to sell, activate, or renew Premium for any Account that shows repeated or detrimental behavior by the User or otherwise on the Application. Examples include (without limitation): repeated cancellations or reschedules of Dates; repeated no-shows; repeated failures to complete required confirmations; attempts to bypass the Application’s Date-organization process; abusive, harassing, or otherwise policy-violating conduct; or patterns that indicate misuse, fraud, or elevated risk. Where legally permitted, such refusal or non-renewal may occur without a refund of the current term and may be accompanied by account limitations or enforcement measures under these Terms of Use. This Section does not limit the Company’s broader rights under Section Misuse & Compliance or any other provision of these Terms.
4.2.7. Temporary Service Limitations & Subscription Postponement.
In some cases, as part of ensuring a safe and reliable experience, the Company may temporarily restrict or pause the presentation of new profiles to Users who have shown repeated detrimental behaviors on the Application—such as frequent Date cancellations, reschedules, or failure to confirm scheduled Dates, including incidents that may have occurred off-platform.
Such measures allow the Company sufficient time to review and assess the information provided, and to determine whether suspension, reinstatement, or further action is appropriate. During this period, no assumptions are made regarding the User’s conduct, and any actions taken are solely precautionary to protect the integrity and safety of the Application. During such a temporary restriction period, the User will retain access to previously confirmed matches and conversations, but may not receive new profiles until the limitation period ends. If a restriction is lifted and a User reinstated on the Application, the Company may, in Company’s sole discretion, credit such User the time period of restrictions to the term of such User’s subscription.
5.1. The Company is the owner of all intellectual property rights (i) on the content that it puts online and produces on the Application by itself (in particular these Terms of Use as well as the notices relating to theprotection of Users' personal data) or by its partners (and in particular by third-party content providers and advertisers), (ii) the intellectual property of the Company (in particular brands, logos, names etc.) and (iii) any software used on the Application (hereinafter the "Properties").The Terms of Use or Service does not transfer ownership of Company Properties of any kind to the User.
5.2. It is therefore forbidden to copy, modify, reproduce, distribute, publish, integrate on any medium whatsoever, adapt, transfer or assign, license, sub-license, give as security, transmit in any other way the elements of the Application or Service or to carry out reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Application and/or AI, without the express written authorization of the Company or the holder of the rights.
6.1. User liability
6.1.1. The User undertakes to use the Service exclusively for personal purposes. It also undertakes not to allow third parties to access the Service via the User's Account. Any unauthorized use of the results of the Services by any third party will be considered as misuse of the Application and fraudulent exploitation of the Services.
6.1.2. The User undertakes to cooperate with the Company to enable it to perform its obligations under theTerms of Service. The User undertakes to promptly notify the Company of any malfunction affecting the Application, and to provide the Company with all information enabling it to reproduce the malfunction and thus facilitate its correction.
6.2. Company liability
6.2.1. The Application provides a platform for offering the Service described in these Terms of Use and, in particular, for enabling contact to be made via an AI. In this respect, the User understands and acknowledges that the proper provision of the Service depends on the information the User communicates when using the Application.
6.2.2. The User understands and acknowledges that despite the efforts made by the Company to ensure its proper operation, the Application is provided "as is" and the Company provides no warranty other than those expressly provided for in these Terms of Use.
6.2.3. Users acknowledge that Company has no control over Dates, including any interactions, communications or events undertaken that take place before, during or after the Date or outside of the Application and that any such interactions, communications or events are undertaken at User’s own risk and responsibility.
6.2.4. The Company shall not be liable for any fraudulent use, in particular as a result of violation of applicable laws and/or the present Terms of Use, which may be made by any User or, more generally, by any third party, of the information, any content found on the Application or of its functionalities. The User understands and acknowledges that it remains the sole master of the decisions it makes via the Application, particularly in the context of other interactions with other Users. Under no circumstances, given the applicable technical constraints, shall the use of AI to establish contact prevent the User from taking any measures that it s deems necessary when using the Service. Furthermore, the Company shall not be held liable in the event of non-performance attributable to force majeure.The Company declines all responsibility for any errors, inaccuracies or omissions contained in the informationfeeds. The Company shall not be held liable in the event of force majeure or any other event beyond its control, in particular in the event of interruption of the Application and/or all or part of the Services resulting from a failure of the User's telephone network or Internet access provider.
6.2.5. In view of the technical, computer and telecommunication constraints involved in using the Application, the Company shall not be held liable for any damage caused by temporary unavailability or malfunction, not exclusively attributable to the Company, of one or more of the stages of access to the Application and/or the Service offered, due in particular to the inconveniences inherent in the use of the Internet network, such as disruption of service, external intrusion, presence of computer viruses or malfunction of any kind whatsoever.If the Company has legitimate reason to believe that the security of the Application has been compromised or that misuse of the Services is due to unauthorized use of the User's identification data, the Company may temporarily deactivate the User's Account in order to preserve the integrity of the Application and the User's Account data.
The User agrees to cooperate with the Company and in particular to modify his identification data.
6.2.6. The User undertakes to use the Application in accordance with its purpose and not to carry out any illegal, unfair, dishonest or fraudulent action of any kind whatsoever.
6.2.7. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USER’S USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ONTHE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TOTHE COMPANY IN THE LAST TWELVE MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.3. Responsibility for hosting Service
6.3.1. Where the Application is limited to the role of hosting content and making it accessible to Users without carrying out an a priori control or moderation procedure, the Company will be subject to the reduced liability regime for hosts providers.The Company therefore accepts no responsibility and gives no warranty, express or implied, in respect of suchcontent.
6.3.2. The Application is not required to exercise any control over the quality, lawfulness, veracity or accuracyof the content published. Nevertheless, if the User transmits or publishes content on the Application that isillicit or manifestly illicit, as soon as the Company becomes aware of it, the Company reserves the right todelete it in accordance with the conditions laid down by the regulations in force, without prior notice orcompensation, and without prejudice to any other right that the Company may invoke.
6.3.3. The Company reserves the right at any time to modify or interrupt the Application or all or part of the Services following prior notification by any means. The Company shall not be held liable for any interruptions or modifications to the Application and Services, and Users are responsible for taking all necessary precautions to preserve the Content they publish on the Application.
6.4. Proof agreement
In order to facilitate their exchanges, Users accept that the Company's computer systems and files will be considered as proof between them unless the Company provides proof to the contrary of at least identical value.Consequently, the computer files and registers stored in the computer systems operated by the Company or on its behalf with reasonable security and reliability, may be validly used and produced as proof of the execution of these Terms of Use, and more generally of any event, communication or relationship occurring between the Parties in connection with the use of the Application.Thus, the Company may validly produce in any proceedings, for the purposes of proof of any act, fact or omission, the data, files, programs, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on any digital or analog media, and rely on them, except in the case of obvious error.
Users are required to communicate their personal data to the Company when using the Application (opening an Account, interacting with the AI and other Users, etc.).
For more information on the conditions under which Users' personal data is processed and the rights they have in this respect, Users are invited to consult the notices relating to the protection of their personal data, detailed in the notices relating to the protection of Users' personal data link to the Privacy Policy.
8.1. Contract duration
These Terms of Use are subscribed to for an indefinite period from the date of their first acceptance by the User under the conditions described in Article 1.
8.2. Termination by the Company
8.2.1. The Company may immediately suspend access to the Application and the Service in the event of non-compliance with these Terms of Use by the User. In such a case and unless otherwise provided for in these Terms of Use, the Company will notify the User of the suspension by e-mail, and will give the User formal notice to cease the violation.
At the end of a period of eight (8) days from the date of such notification which has remained without effect, the Company may automatically terminate the contractual relationship with the User, without formality and without prejudice to any damages it may claim as compensation for the loss resulting for it from this situation.Such termination may be effected without notice in the event of a breach by the User of its obligations under the present Terms of Use, as notably referred to in Article 8.3.
8.2.2. The Company reserves the right to deactivate the User's Account after a period of inactivity equal to or above twelve (12) months.
8.2.3. Finally, and in general, the Company may terminate any Account for convenience by electronic notification subject to one (1) week's notice.
8.3. Termination by the User
8.3.1. The User may terminate these Terms of Use at any time by following the procedure provided for this purpose on the Application. Within forty-eight (48) hours of such de-registration, which implies termination of the contractual relationship with the User, all or part of the User's data may be deleted from the Company's databases and the User will no longer have access to the Application or the Service, with the exception of data which the Company is required by law to retain, or under the conditions set out in the Privacy Policy.
8.3.2. In the event of the User's death, and upon production of the relevant supporting documents, the Account will be deactivated. The contents of the Account may only be transferred to heirs by court order or under the conditions described in the Privacy Policy.
9.1. These Terms of Use shall be governed by and construed in accordance with the internal laws of the State fo Delaware without giving effect to any choice or conflict of law provision or rule (whether of State fo Delaware or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of State fo Delaware
Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services provided hereunder shall be instituted exclusively in the federal courts of the UnitedStates or the courts of State fo Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
9.2. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.