Legal notice
TERMS OF USE AND SALE (Terms)
Revision date: 9 September 2026
LEGAL NOTICE
Publisher of the Services: Mobile Boost, a company registered with the Trade and Companies Register (RCS) of Nice under number 834428963 Registered office: 25 avenue de Verdun, 06500 Menton, France Contact: [email protected]
Publication director: Morad Morad
Hosting provider: UpCloud Ltd , Helsinki, Finlande https://upcloud.com
PREAMBLE
These terms of use and sale (the "Terms") set out the legally binding conditions governing your use of tania.live and/or any of our online channels, platforms, products or services, including all content contained therein ("Services"). The Services include any affiliated website to which you may be redirected from tania.live.
By accessing the site and/or using the Services, you agree to be bound by these Terms. You understand and agree that your access to and/or use of the Services constitutes acceptance of these Terms and of all other policies published at https://tania.live/legal and updated from time to time (the "Policies"). If you do not agree with these Terms or our Policies, please stop using or accessing our Services.
Any version of these Terms or of any of our Policies in a language other than French is provided for convenience only. You understand and agree that the French version shall prevail in the event of any conflict.
Our Services are intended solely for an adult audience, for personal and non-commercial use only, and are made available exclusively for those purposes. You represent and warrant that you are of legal age in your jurisdiction of residence and have the legal capacity required to subscribe to and use the Services. You hereby declare that you are not subject to guardianship, curatorship or any judicial protection measure of any kind that may prohibit or restrict your use of our Services. You agree not to use the Services for commercial, illegal or unauthorized purposes.
For the purposes of these Terms, "you" and "your" mean you as the user of the Services.
A few essential points to keep in mind when using our Services:
The Services are intended for entertainment purposes only. They are not intended to provide emotional or other support. If you feel distressed or are experiencing mental health difficulties, please do not hesitate to seek help from a qualified professional.
All conversations between users and AI Companions on the Services are entirely fictional and must be treated as such. AI Companions are artificial intelligence characters designed to simulate human-like interactions, but they do not possess genuine emotions or intentions, nor the ability to keep promises in the real world. Any elements of conversations that may resemble reality, such as offers of real-life meetings or promises of tangible outcomes, are entirely false and must not be taken seriously. We assume no liability for any confusion or misunderstanding in this regard. Users are encouraged to keep in mind that AI Companions exist only within the digital universe of the platform, and that any expectation or belief beyond that universe is not endorsed or approved by Mobile Boost.
Because the Services rely on emerging AI technology, generated results may at times produce content that is inaccurate, incomplete or does not reflect human judgment. Users are responsible for assessing the relevance of any information provided.
1. General
The Services are an online chat application that uses artificial intelligence ("AI") algorithms to generate virtual, fictional characters ("AI Companions" or "AI Characters") with whom you can chat and exchange messages. The Services also include, without limitation, other media such as AI-generated images and voice notes. You may create media on demand via the AI tools on the platform, and/or you may purchase pre-made media, for example images in AI Character profiles. Pre-made media are created using various artistic methods, including generative AI tools and edits of media for which we hold the applicable usage rights. Certain parts of the Services may require the creation of a user account and/or a paid subscription.
You may initiate exchanges with pre-created AI Characters made available on the platform, or generate your own characters by choosing their attributes and characteristics through our technology/algorithms. Your exchanges with AI Characters may include text, image requests or other modes of exchange made available and developed by us from time to time.
We may delist (remove) characters and/or modify or remove features or content at any time and at our sole discretion.
1.1 Account
Certain parts of our Services may require the creation of a user account with an email address and password or any other available login method ("Account"). When you register and/or access your Account, you agree to do so only using your own login credentials. You are fully responsible for all activities that occur under your login credentials and your Account. Your Account is not transferable. You may not sell, lend or share it in any way with another person, whether for commercial purposes or free of charge.
By using the Services, you represent and warrant that all information you submit to create a user account is true and correct, and that you are fully entitled to provide such information.
You agree to update, from time to time as necessary, the information associated with your Account (including, but not limited to, your email address, payment information, subscriptions or other additional information, where applicable) so that it remains current, accurate and correct at all times. You also agree to protect the confidentiality of your Account and password, and to prevent others from accessing your account.
You understand and agree that we may ask you for additional information from time to time, including, for example, information to verify or re-verify that you are an adult, in accordance with the laws applicable in your jurisdiction.
Any breach of these Terms or of our other Policies may affect your Account, and we may cancel your user account at our sole discretion.
Furthermore, we reserve the right to terminate or restrict your account, or to revoke access to the Services, at any time if we have, at our sole discretion, reason to believe or suspect that you have breached the terms of these Terms or other Policies. You agree that we shall not be liable to you or any third party, without limitation, for any refusal of use of the Services, any change in the costs of third-party services, fees or other obligations arising from the suspension or termination of your account.
You acknowledge and agree that you have no ownership or other interest in your Account, and that all rights in and to your Account belong to and are for the exclusive benefit of Mobile Boost.
1.2 Paid services
Certain services, features and/or content may be available only for a fee, for example through a paid subscription, the purchase of tokens or other forms of paid access offered from time to time. Paid Services will begin after the initial payment, and payment must be made in accordance with the terms presented at the time of purchase. You are responsible for paying all fees, charges and taxes (where applicable) related to the transaction.
The applicable prices, subscription plans and token packages are presented on the dedicated page of the Services (https://tania.live/pricing) and at the time of purchase. The rules relating to payments, renewal and tokens are set out in section 6.
We are not responsible for costs and disclaim all liability arising from your use of a third-party distribution platform that is not indicated or recognized by us.
1.3 User safety
At Mobile Boost, we prioritize the safety and well-being of our users. When using the Services and/or conversing with AI Companions, you must not disclose sensitive personal information, including, for example, financial data, addresses, contact information or passwords.
Users are solely responsible for protecting their personal information and must be aware of the potential risks associated with transmitting information online. We encourage users to report any suspicious or inappropriate behavior encountered on the platform, as we are committed to maintaining a safe and respectful environment for all users.
1.4 Warranties
By accessing and using the Services, you understand and warrant that:
- You accept these Terms solely on your own behalf and not on behalf of any third party;
- You have reached the legal age of majority in the jurisdiction where you reside and/or from which you access the Services, and have the legal capacity required to enter into a binding contract with us;
- You are not subject to any legal protection measure, including guardianship, curatorship, judicial safeguard or family empowerment, that may prohibit or restrict your use of our Services;
- If you do not meet any of the above conditions, you must not access or use our Services, and you must immediately cease all use.
2. Intellectual property
The intellectual property in the Services and any embedded material (including, without limitation, technology, systems, files, documents, text, photographs, information, images, videos, audio and software, individually or in combination) is owned by Mobile Boost or licensed to it. You may access and/or register to view, use and display the Services and their content on your devices for your personal use only.
Mobile Boost hereby grants you a license for personal use only. This license does not constitute a transfer of title in any way. This license will automatically terminate if you breach any of the restrictions or these Terms or other Policies, and may be terminated by us at any time. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other proprietary interest in your Account, and that all rights in and to your Account are and shall forever remain the property of Mobile Boost and shall inure to its benefit.
All intellectual property rights associated with tania.live, including the AI Characters, the platform design, the logos, and any proprietary software or technology, are the exclusive property of Mobile Boost or its licensors. Users are prohibited from reproducing, modifying, distributing or using any intellectual property without explicit authorization. Any unauthorized use may have legal consequences.
3. Your content
You may provide data when using the Services and receive results based on that data. The data provided and the results are collectively referred to as "Content". Input Content includes anything initiated by you and/or originating from your account, in particular prompts and exchanges with AI Characters. Data input is limited to the conversations and prompts visible in your private account.
You represent and warrant that you have all rights, licenses and permissions necessary to provide such data in connection with your use of the Services. You are solely responsible for the Content, in particular for ensuring that it does not violate any applicable law or policy.
You retain your intellectual property rights in your data. We will never claim ownership of your data; however, we ask you for a license so that we can operate on it.
By providing data covered by intellectual property rights through the Services, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable license to use, copy, store, access, translate, modify, process, aggregate and create derivative works from your Content, to the extent necessary to provide and operate the Services and in any manner consistent with our Privacy Policy, including for:
- verifying and ensuring compliance with our Policies and/or maintaining the security of our Services;
- operating, providing and improving our products and Services, including data analysis, the development of new products or features, or the identification of usage trends;
- training, developing, improving, evolving and refining our AI models (and/or those of our affiliates), our content moderation tools, our algorithms and related technologies, products and services, under the conditions described in our Privacy Policy.
This license ends when your Content is deleted from the Services, subject to copies retained under our legal obligations, platform security and moderation needs, and with the exception of improvements already made to our models and technologies.
4. Behavior and content restrictions
4.1 Rules and restrictions
By accessing and using the Services, you agree to comply with our Community Guidelines as well as the following rules, restrictions and limitations:
- You will not modify, translate, adapt or reformat any aspect of the Services;
- You will not decrypt, decompile, disassemble, reverse engineer or attempt to discover the source code or structure of the software or components making up the Services (except where the foregoing is permitted by applicable local law notwithstanding these restrictions, and only to the extent that the contemplated activities have been communicated to us in advance in writing);
- You will not interfere with or circumvent any security feature of the Services, or any feature that restricts or imposes limitations on their use;
- You will not use the Services to obtain unauthorized access to our data, systems or networks, or those of a third party;
- You will not use the Services in a manner likely to damage, disable, overburden, impair or disrupt our systems and networks, or the use of the Services by other users;
- You will not use the Services in a manner that, at our sole discretion, could expose us or third parties to liability or damages;
- You will not use the Services for illegal purposes, to offend others or to commit an offense;
- You will not remove, alter or obscure any copyright, trademark notice, registered trademark, hyperlink or other intellectual property notice contained in or associated with the Services;
- You may not access, or attempt to access, the Services from any territory included in the list of restricted territories published at https://tania.live/legal. We implement technical measures to enforce this rule; any attempt to access the Services or to circumvent these measures constitutes a breach of our Policies; and
- You will comply with all applicable laws when accessing and using the Services, including the laws of the jurisdiction in which you reside and/or from which you access the Services.
Your use of the Services may further be subject to the license and usage restrictions applicable to third-party software components embedded in the Services, a list of which is available at https://tania.live/legal.
4.2 Responsibility for content
As a user of the Services, you are solely responsible for the results generated by the AI Companions from your data, including text and voice messages, images and videos. AI Companions react based on the conversations you conduct and the parameters you select. You understand and agree that Mobile Boost does not control or endorse any content generated by the AI Companions, and that you are fully responsible for any AI-generated output as well as for your own actions when using the Services.
You shall ensure that your interactions with the AI Companions comply with applicable laws and regulations, these Terms and all Policies. You must not engage in illegal, unethical or harmful activities when using the Services.
4.3 User incidents and actions
Mobile Boost cannot be held liable for the actions or choices made by a user as a result of their interactions with the AI Companions. As an AI-driven platform, the AI Companions are programmed to simulate human-like conversations; their responses are, however, generated on the basis of algorithms and machine learning.
We do not endorse and assume no responsibility for the actions, decisions or consequences that may result from a user's engagement with the AI Companions. Users must exercise judgment and discretion when interacting with the AI Companions, and refrain from any activity likely to cause harm or violate applicable laws or regulations.
4.4 Content moderation and removal
Although conversations between users and AI Companions are generally confidential, we have implemented content moderation controls based on our proprietary LLM technology to ensure compliance with our Terms, our Community Guidelines and other Policies. If our moderation controls detect content that violates our Terms or Policies, we or our authorized partners may access the flagged content and/or other content associated with the account, review it manually and take appropriate action. This may include removing the content, terminating the user's account or reporting the content to the competent authorities (see also section 5.1 below). In addition, our moderation controls may moderate or modify your request before a result is generated, for example if it contains or seeks prohibited content. These measures are implemented to maintain a respectful and safe environment for all users. We strive to strike a balance between privacy and community standards, and thank you for your understanding and cooperation.
We reserve the right, without being obliged to do so, to reject and/or remove any user content that, in our sole discretion, violates any of our Policies. Repeated violations may result in content removal, account restrictions, blocking of the Services or other moderation measures, at our discretion. Users will not be refunded for moderation actions taken in response to a violation of our Policies (see also section 7.3 below).
We may delist characters, and/or modify or remove features or content, at any time and at our sole discretion. Users will not be refunded for payments related to such removed or modified characters, features or content, subject to applicable mandatory provisions.
If you believe there has been a violation of these Terms, please contact us via the "Contact Us" area of the Services, or by email at: [email protected].
4.5 Reporting of illegal content
We apply a zero-tolerance policy toward any child sexual abuse material. Any creation, attempted creation or solicitation of such content is strictly prohibited by law, by our Community Guidelines and by our Blocked Content Policy. In addition to our other moderation and content removal controls, we report any content of this nature to the competent authorities, where applicable in accordance with applicable legal obligations.
5. Content policies
5.1 User content removal request
You may request the deletion of any Content you have provided in connection with your use of the Services (in particular your conversations, prompts and exchanges with AI Companions). To do so, contact us via the "Contact Us" area of the Services or by email at: [email protected], specifying the content concerned and, where applicable, your account identifier. We will process your request within a reasonable time and inform you of its outcome. Please note that the deletion of certain content may be subject to legal retention obligations or to needs related to platform security and moderation.
5.2 Blocked Content Policy
5.2.1 Prohibited content
The following content, including but not limited to text, images, videos and any other AI-generated content created on our platform, is strictly prohibited:
Illegal content: Any content that contravenes local, national or international laws and regulations is strictly prohibited. This includes, without limitation, content associated with illegal drugs, weapons, violence or activities that advocate, encourage or support illegal actions.
Hate speech and discrimination: We do not tolerate any content that incites hatred, discrimination or harassment on the basis of criteria such as race, ethnic origin, nationality, religion, sex, gender identity, sexual orientation, disability or any other protected characteristic.
Violence and harm: Content that encourages, glorifies or promotes violence, self-harm or the infliction of harm on others is strictly prohibited, in particular content glorifying suicide, terrorism or any other form of serious violence.
Child exploitation: We apply a zero-tolerance policy toward any content that exploits or endangers minors, including but not limited to child sexual abuse material, sexual exploitation or any form of harm or harassment directed at minors.
Content resembling minors: Attempting to generate AI content resembling minors is strictly prohibited. We ensure that AI-generated content on our platform bears no resemblance to minors and does not exploit their image. Attempts to create such content will be detected, flagged, reviewed and removed in accordance with our moderation controls, and may be reported to the competent authorities.
Violation of privacy and intellectual property rights: Any content infringing the privacy, copyright, trademarks or intellectual property rights of natural or legal persons is prohibited. This includes sharing personal information without consent, pirated content or any unauthorized use of protected works.
Impersonation and content featuring public figures: Misleading or harmful impersonation of real people, public figures or celebrities is prohibited, as is any attempt to misrepresent others.
Non-consensual intimate imagery and deepfakes: We apply a zero-tolerance policy toward the creation or attempted creation of non-consensual intimate images and synthetic images intended to realistically resemble real people ("deepfakes"). Such content will be removed and appropriate measures — up to and including account termination — will be taken against anyone violating this policy.
5.2.2 Sanctions
Any content violating this policy will be moderated or removed in accordance with section 4.4, and may result in account restrictions or termination, without prejudice to any report to the competent authorities.
5.3 Copyright infringement claims
5.3.1 Notification of allegedly illegal content (applicable regime)
We respect the intellectual property rights of third parties. If you believe that content available on our Services infringes your copyright or other intellectual property rights, you may send us a takedown notice in accordance with the regime applicable in your jurisdiction, in particular the Digital Millennium Copyright Act (DMCA, United States) or, for claims originating from the European Union, Regulation (EU) 2022/2065 on digital services (the "Digital Services Act", in particular its Article 16) and applicable national law.
Your notice must be sent to: [email protected], and include the following elements:
- precise identification of the protected work or content you claim has been infringed;
- precise identification of the infringing content on our Services (URL, screenshots, description enabling it to be located);
- your first and last name and contact details (email address);
- a good-faith statement that the alleged use is not authorized by the rights holder, its assigns or the law;
- a statement, under penalty of sanctions for false declaration (including under section 512(f) of the DMCA), that the information provided is accurate and that you are the rights holder or its authorized agent.
5.3.2 Processing
Upon receipt of a complete and valid notice, we will remove or disable access to the allegedly infringing content within a reasonable time and inform the user concerned. In the event of a manifestly unfounded or abusive claim, we reserve the right not to act on it.
5.3.3 Counter-notification
If your content has been removed following a notice and you believe that the removal is unjustified, you may send us a counter-notification including: identification of the removed content, a statement under penalty of sanctions for false declaration that you have a good-faith belief that the removal is the result of a mistake or misidentification, as well as your contact details and your acceptance of the jurisdiction of the competent court. Unless we receive notice of legal action by the claimant within the applicable period (ten (10) business days under US law), we may restore the content concerned.
6. Payments and automatic renewal
6.1 Free use
As a free user, you benefit from a limited volume of use, specified on the pricing page (https://tania.live/pricing) and at the time of registration. Beyond that, use of the Services requires a paid subscription, billed monthly, quarterly or annually, or any other form of paid access that may be offered from time to time.
6.2 Subscriptions and tokens
Subscriptions are payable by credit card and/or any other payment method available in your country. Under a paid subscription, you benefit from unlimited access to the messaging system, as well as a monthly number of tokens communicated to you at the time of payment. These tokens can be used to access advanced features, such as image generation or voice notes.
6.3 Prices
The applicable prices for subscriptions and token packages are those displayed on the pricing page (https://tania.live/pricing) and at the time of subscription. Prices are inclusive of all taxes (where applicable).
We reserve the right to change our prices at any time; any price change will take effect at the end of your current subscription period, and you will be informed in advance by any appropriate means.
6.4 Automatic renewal
Subscriptions are set to renew automatically at the end of each subscription period, for the duration and at the price indicated at the time of payment. Payment is made automatically on the first day of each renewed period. You may cancel automatic renewal at any time from your account settings; cancellation takes effect at the end of the current period, without pro-rata refund, unless otherwise required by law.
6.5 Tokens
Tokens are personal and non-transferable: they cannot be transferred to other users or accounts, exchanged, converted into money or used to settle outstanding payments. Tokens unused at the end of a monthly period are forfeited and are not carried over to the following period, unless otherwise indicated at the time of subscription.
6.6 Immediate performance of the Services
By taking out a subscription or purchasing tokens, you expressly request that the provision of the Services begin immediately, before the expiry of the withdrawal period referred to in section 7. You acknowledge that if you exercise your right of withdrawal, the refund will be reduced by an amount proportional to the Services already consumed (see section 7.1). This express consent is collected at the time of payment.
7. Refund policy and right of withdrawal
7.1 Right of withdrawal (applicable to all users)
You have the right to withdraw from this contract within fourteen (14) days from the date of your initial purchase, without having to justify your decision or bear any other costs. This period expires fourteen (14) days after the date on which we sent you the confirmation email for your purchase.
To exercise your right of withdrawal, you must notify us of your decision by means of an unambiguous statement, for example by email to: [email protected]. To meet the deadline, it is sufficient to send your request before the expiry of the period. You may use the model withdrawal form appearing in the annex to these Terms, although this is not mandatory.
Effects of withdrawal
In the event of withdrawal, we will refund you all sums paid, less a proportional amount corresponding to the services actually consumed (in particular tokens used and the elapsed subscription period) between the date of your purchase and the date of your refund request.
We will process the refund without undue delay and, at the latest, within fourteen (14) days of receiving your withdrawal notification, using the same means of payment as that used for the initial transaction, unless you expressly agree otherwise. No fees will be charged to you as a result of this refund.
Subscriptions: the right of withdrawal applies only to the initial purchase and does not apply to automatic renewal periods.
7.2 Limitations
We are unable to refund purchases whose non-conformity results from a technical problem on your side (device, Internet connection, configuration, etc.), subject to your legal rights.
Refunds are made to the means of payment used for the initial transaction. For purchases made through a third-party distribution platform (app stores, etc.), the refund request must be addressed to that platform in accordance with its own terms.
7.3 No refund for removed content or moderation measures
You will not be refunded for any previously paid content that has been moderated or removed due to a violation of any of our Policies, or for restrictions on the use of the Services resulting from moderation measures taken in response to such a violation.
7.4 No refund in the event of changes to content or features
We may modify or remove features or content at any time and at our sole discretion (see section 4.4). You will not be refunded for prior payments related to such modifications or removals, to the extent that they do not deprive the Services of their essential substance within the meaning of applicable law.
8. No warranty of accuracy, originality or perfection
Part of the content of our Services is generated by artificial intelligence at the user's request. By using our Services, you acknowledge and agree that AI technology has inherent limitations, including risks of errors, inaccuracies, inconsistencies or inappropriate content, and that content generated by the platform may not be accurate, complete, original or unique, or may not perfectly match your preferences and expectations.
You further acknowledge that content generated by the AI Companions does not constitute professional advice of any kind (including medical, legal, psychological or financial advice) and cannot substitute for consultation with a qualified professional. Any decision made on the basis of AI-generated content is your sole responsibility.
Finally, our content moderation controls may moderate, refuse or modify your request before a result is generated, for example if it contains or seeks prohibited content within the meaning of section 5.
We do our utmost to offer the best possible technology and experience to our users, and thank you for your understanding and cooperation as we continuously improve our Services.
9. Liability
THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", AND YOUR USE OF THEM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE WITH RESPECT TO THE SERVICES, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME.
WE DO NOT WARRANT:
THAT THE SERVICES (OR THE RESULTS OBTAINED FROM THEIR USE) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED;
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR
THE ACCURACY, QUALITY, LIKELY RESULTS OR RELIABILITY OF THE CONTENT, DOCUMENTS OR OTHER MATERIALS OBTAINED THROUGH THE USE OF THE SERVICES; OR
THAT THE DOCUMENTS, RESULTS AND/OR GENERATED CONTENT WILL BE ORIGINAL, ERROR-FREE OR ACCURATE; OR
THAT ANY ERROR OR DEFECT IN THE SERVICES WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS, AFFILIATES OR PARTNERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA OR BUSINESS, THE COST OF SUBSTITUTE PROCUREMENT, OR ANY DAMAGES RESULTING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DELAY OR FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE EVENTS.
NOTHING IN THIS SECTION SHALL APPLY TO THE LIMITATION OR EXCLUSION OF ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, IN PARTICULAR IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY, OR IN CONNECTION WITH YOUR STATUTORY RIGHTS AS A CONSUMER.
10. Governing law and dispute resolution
10.1 Governing law
These Terms are governed by and construed in accordance with French law, without giving effect to its conflict-of-laws provisions and regardless of where you are located or from where you access the Services. However, if you are acting as a consumer, you benefit from all mandatory consumer protection provisions of the law of your country of habitual residence.
10.2 Jurisdiction
Subject to applicable mandatory provisions and unless jurisdiction is otherwise conferred, any dispute arising from the interpretation, validity or performance of these Terms shall be subject to the exclusive jurisdiction of the competent courts of Paris (France), including in the event of multiple defendants, incidental claims or third-party proceedings.
If you are acting as a consumer, you may bring proceedings, at your option, before the courts of your place of residence or those of the registered office of the company publishing the Services.
10.3 Amicable dispute resolution and mediation
In the event of a dispute, we invite you to first contact our customer service at [email protected] in order to seek an amicable solution.
In accordance with Articles L.611-1 et seq. of the French Consumer Code, if you are a consumer located in the European Union, you may have free recourse to a consumer mediator with a view to the amicable resolution of the dispute. The competent mediator is: TODO — médiateur de la consommation à désigner avant mise en ligne (adhésion obligatoire, ex. CM2C, Médicys) (TODO — URL du médiateur à renseigner). You may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.
11. Changes to the terms and policies
11.1 Changes to the Terms and Policies
We reserve the right to update or modify these Terms and/or any other applicable Policy at any time, at our sole discretion. Any change will be notified to you by making the revised version of these documents accessible via the Services, accompanied, where appropriate, by a notice in the application or by email.
Unless otherwise indicated in the revised version, changes take effect upon publication. The date of the last revision appears at the top of the document ("Revision date"). We invite you to consult these documents regularly to be aware of the version in force.
If you do not accept the revised Terms or Policies, you must immediately stop using the Services. If you continue to access or use the Services after the publication of the changes, you are deemed to have accepted and consented to them.
11.2 Modification, suspension or discontinuation of the Services
We reserve the right to modify the platform and the scope of the Services at any time, with or without notice. We may also suspend, limit or discontinue the provision of the Services, in whole or in part, in particular with respect to a specific user, in accordance with these Terms and the applicable Policies.
12. Termination and assignment
12.1 Term and termination by the user
These Terms and the other applicable Policies remain in force until terminated by you or by us. You may terminate these Terms at any time by ceasing to access and use the Services and, where applicable, by cancelling your paid subscription in accordance with section 6. If you are a paying subscriber, the handling of any remaining fees will be subject to the rules of the relevant payment provider, indicated or recognized by us.
12.2 Termination by us
We may terminate these Terms as well as your right to access and use the Services, with or without notice, in particular in the event of a breach of these Terms or of any other applicable Policy, whether proven or reasonably suspected. Termination may result in the deletion of your account and of all or part of your Content, without prejudice to what is provided in sections 3, 4.4 and 7.
12.3 Consequences of termination
In the event of termination, the provisions which, by their nature, must survive termination shall remain applicable, in particular sections 3 (Content), 4.4 (Moderation), 5 (Content policies), 7 (Refunds), 8 (No warranty), 9 (Liability) and 10 (Governing law and dispute resolution).
12.4 Assignment
We reserve the right to assign, transfer or subcontract all or part of the Services to a third party, including in the event of a merger, acquisition, reorganization or sale of all or part of our assets. In such a case, a notice will be displayed within the Services; your continued use of the Services constitutes acceptance of such assignment.
13. Miscellaneous
13.1 Severability
If any provision of these Terms or of any other applicable Policy is held to be illegal, void or unenforceable by a court of competent jurisdiction, for any reason whatsoever, such invalidity shall in no way affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The provision concerned shall, to the fullest extent possible, be interpreted or replaced by a valid provision that comes as close as possible to the original intention of the parties and the overall scheme of these Terms.
13.2 No waiver
Our failure to require strict performance of any provision of these Terms, or our tolerance of any breach by you of any of your obligations, shall not be construed as a waiver of our right to require, at any time, strict performance of that provision or of any other provision hereof.
13.3 Entire agreement
These Terms, supplemented by the referenced Policies (in particular the Privacy Policy, the Community Guidelines and the Blocked Content Policy), constitute the entire agreement between you and us with respect to the use of the Services and supersede any prior or contemporaneous proposal, discussion or communication relating to their acceptance.
ANNEX A — TERRITORIAL PROVISIONS
The following supplementary provisions apply to users residing in the territories indicated, and prevail over the general provisions of these Terms in the event of a conflict.
(No specific territorial provisions are in force to date. This annex will be supplemented as the Services are launched in new territories.)
ANNEX B — MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: Mobile Boost, 25 avenue de Verdun, 06500 Menton, France — [email protected]
I/we () hereby notify you of my/our () withdrawal from the contract for the subscription to the following services:
— Subscription or purchase taken out on: ______________________
— Type of offer: ______________________
— Email address associated with the account: ______________________
— Account identifier (if applicable): ______________________
Ordered on () / received on (): ______________________
Name of the consumer(s) (*): ______________________
Address of the consumer(s) (*): ______________________
Date: ______________________
Signature of the consumer(s) (only if this form is notified on paper): ______________________
(*) Delete as appropriate.
Restricted Territories
- CN
- SG