Article 1: Definitions

In these Terms of Use (hereinafter referred to as the "Terms"), the following terms shall have the following meaning:

Client

means any person who uses the Services offered by Fidjoo.

Account

means the space accessible on the Site allowing Users to access all the features offered by Fidjoo.

Content

means any text, graphic, image, music, video or other element that may be posted online by a User.

Personal Data

means personal data within the meaning of the European regulation on the protection of personal data that Fidjoo collects, transmits or processes, making it possible to identify or make identifiable any natural person.

Intellectual Property Right

means property rights, registered or not, acquired and/or held by Fidjoo, on its trade name, trademarks, logos, designs, texts, images, software, domain names or any other distinctive characteristic of Fidjoo, regardless of its form or media used.

Product

means any item sold by Fidjoo via the Site or the Application.

Service(s)

means all functions, facilities, uses, information, partner and/or promotional offers or all other services accessible via the Site.

Site

means the Fidjoo website accessible at https://fidjoo.com

User(s)

means any person with an Account who uses the Site or all or part of the Services offered by Fidjoo.

Article 2: Legal Information

Contacts

Both contacts are available for any questions regarding this policy or the use of our services.

Article 3: Purpose and Scope

Fidjoo develops and sells interactive audio and video stories designed to nurture children's imagination and transform passive screen time into active time.

These Terms define the legal framework for using the site https://fidjoo.com and the application offered therein.

By using the Site and its Services, the User unreservedly accepts these Terms and declares having read and understood them.

Article 4: Creating an Account

4.1 Creation and Responsibility

To access all the features of the Site, the User must create an Account by providing an email address and password. The User must keep their credentials secret and is responsible for any use of their Account. Fidjoo may request additional information to verify the User's identity.

4.2 Minimum Age

The minimum age required to create an Account is 18 years. Minor Users must obtain consent from their parents or legal guardians before using the Service.

4.3 Parental Responsibility

Parents or legal guardians are fully responsible for the use of the Service by minors under their responsibility.

Article 5: Services

Creating an Account allows Users to access various features, including:

• Access interactive animated storybooks offered by Fidjoo.
• Manage viewing preferences and history.
• Contact Fidjoo support.
• Reset Account password.
• View all available Products.

Fidjoo reserves the right to evolve the Services at any time.

Article 6: Obligations of the Parties

6.1 User Obligations

The User agrees to comply with applicable laws and not to infringe on the rights of third parties or public order when using the Site. The User agrees not to publish illegal, defamatory Content, or Content that infringes on the privacy of others. Fidjoo may suspend or delete the User's Account in case of non-compliance with the Terms.

6.2 Security

The User agrees not to attempt to circumvent the security measures put in place by Fidjoo.

Article 7: Liability

Fidjoo implements reasonable security measures to protect User data, but cannot guarantee absolute security. The User acknowledges and accepts this risk inherent in the use of the Internet.

Article 8: Intellectual Property Rights

8.1 License of Use

Fidjoo grants the User a limited, non-transferable and non-exclusive license to use the Site. All intellectual property rights on the Site and its Content belong to Fidjoo. Any unauthorized reproduction of the Site or its Content is prohibited.

8.2 Copyright Infringement Notification Procedure

Any rights holder believing that their content has been used illegally on the Site may notify Fidjoo at the email address: bonjour@fidjoo.com

The notification must include the following elements:

• identification of the protected work
• identification of the infringing content
• complainant's contact details
• good faith declaration
• physical or electronic signature

Article 9: Personal Data

9.1 Privacy Policy

Fidjoo collects and processes Personal Data in accordance with its Privacy Policy, available at the following address: https://fidjoo.com/privacy. The User has the right to access, modify, rectify and delete their data by contacting Fidjoo at the indicated address.

9.2 GDPR Rights

In accordance with the General Data Protection Regulation (GDPR), Users have the following rights:

• right of access
• right of rectification
• right of erasure
• right to restriction of processing
• right to data portability
• right to object

To exercise these rights, the User can contact Fidjoo at: dpo@fidjoo.com

9.3 Data Backup and Restoration Policy

Fidjoo performs regular backups of User data. In case of data loss due to a technical problem, Fidjoo will endeavor to restore the data from the most recent backup.

9.4 Data Retention Period

Users' personal data is retained for the duration of Service use, and up to 12 months after Account deletion, unless a longer legal retention obligation applies.

9.5 Personal Data Breach

In the event of a personal data breach, Fidjoo undertakes to notify the CNIL within 72 hours of becoming aware of the breach, and to inform the affected Users as soon as possible, in accordance with GDPR provisions.

Article 10: Security

The User agrees to take all reasonable precautions to preserve the confidentiality of their credentials and to secure their computer equipment. Fidjoo disclaims any responsibility in case of non-functioning or malfunction of the Site due to technical problems or misuse by the User.

Article 11: Force Majeure

Fidjoo cannot be held responsible in case of force majeure, as defined by French law and jurisprudence, suspending the obligations of the parties.

Article 12: Modifications to the Terms

12.1 Notification of Modifications

Fidjoo reserves the right to modify these Terms at any time. Users will be informed of any substantial modification by email and/or by a notification on the Site.

12.2 Acceptance of Modifications

The User is deemed to have accepted the modifications if they continue to use the Service after the effective date of the new Terms. If they refuse the modifications, the User must stop using the Service and delete their Account.

Article 13: Termination

13.1 Termination by the User

The User can terminate their Account at any time by sending a request to: bonjour@fidjoo.com, or by deleting the account directly from the application. Termination will be effective within a maximum of 7 business days.

13.2 Termination by Fidjoo

Fidjoo reserves the right to terminate or suspend an Account in case of violation of these Terms, with 15 days notice, except in case of serious violation justifying immediate termination.

13.3 Data Portability

In case of termination, the User can request the portability of their data in a structured, commonly used and machine-readable format, within 30 days following termination.

Article 14: Refunds

14.1 No-Refund Policy

Unless otherwise required by law, paid services offered by Fidjoo are not refundable.

14.2 Waiver of Right of Withdrawal

By subscribing to a paid Fidjoo service, the User acknowledges and accepts that the service begins immediately after purchase and expressly waives their right of withdrawal, in accordance with Article L. 221-28 of the Consumer Code.

14.3 Exceptional Refund

In the exceptional case where a refund would be granted, at Fidjoo's sole discretion, it will be made according to the initial payment method used for the purchase.

14.4 Technical Problems

In case of technical problems preventing access to the service, Fidjoo undertakes to resolve the problem as soon as possible or to offer compensation in the form of subscription extension, at its discretion.

14.5 End of Service

If Fidjoo decides to end a paid service, Users who have subscribed to this service will be informed in advance and will be able to benefit from the service until the end of their current subscription period, without pro-rata refund for the unused period.

14.6 Contact

For any questions regarding this no-refund policy, the User can contact Fidjoo customer service at the following address: bonjour@fidjoo.com

Article 15: Dispute Resolution

15.1 Amicable Solution

In case of dispute, the parties agree to seek an amicable solution before any legal action.

15.2 Mediation

If an amicable solution cannot be found, the parties may resort to mediation. The mediator will be chosen by mutual agreement between the parties.

15.3 Competent Jurisdiction

Failing amicable resolution or mediation, any dispute relating to the execution or interpretation of these Terms shall be submitted to the competent courts of Paris, France.

Article 16: Applicable Law

These Terms are governed by French law.

Article 17: Limitation of Liability

17.1 Indirect Damages

To the fullest extent permitted by applicable law, Fidjoo shall not be liable for indirect, incidental, special or consequential damages, including loss of profits or data, resulting from the use or inability to use the Service.

17.2 Liability Cap

Fidjoo's total liability, whatever the cause, shall not exceed the amount actually paid by the User for the use of the Service during the 12 months preceding the event giving rise to liability.

Article 18: Assignment and Transfer

Fidjoo reserves the right to assign or transfer its rights and obligations under these Terms to a third party, in particular in case of merger, acquisition or restructuring. The User will be informed of any change in control or ownership of Fidjoo.

Article 19: Severability

If any provision of these Terms is found to be illegal, void or unenforceable by a competent court, the other provisions shall remain in full force and effect.

Article 20: Entire Agreement

These Terms, together with the Privacy Policy and Payment Policy, constitute the entire agreement between the User and Fidjoo regarding the use of the Service, and supersede all prior or contemporaneous agreements, written or oral, relating to the subject matter hereof. By using the Service, the User acknowledges having read, understood and accepted all of these Terms.

Article 21: Virtual Currency - FIDJ

21.1 Definition and Purpose

Fidjoo makes available to its Users an internal virtual currency, called FIDJ, allowing them to access certain paid features of the Service, in particular the generation of personalized stories.

FIDJ have no real monetary value and can under no circumstances be exchanged for fiat currency (euro or other currency), transferred between Users, or used outside the Fidjoo ecosystem.

21.2 Acquiring FIDJ

FIDJ can only be purchased via the official Google Play Store and Apple App Store platforms, according to the terms offered by Fidjoo.

Users can choose between different credit packs or a monthly subscription, at the following rates:

• Pack 1: €7.99 equivalent to 10 credits
• Pack 2: €14.99 equivalent to 20 credits
• Pack 3: €35.99 equivalent to 35 credits
• Monthly subscription: €9.99/month equivalent to 10 credits

These prices are indicated in euros including all taxes (VAT) and may be modified at any time by Fidjoo. Any order for FIDJ is firm and final, subject to mandatory legal provisions applicable to consumers.

21.3 Using FIDJ

One story generation (personalized audio and/or video creation) consumes three (3) FIDJ.

When a User initiates the generation of a story, the corresponding three FIDJ are temporarily reserved in an internal cache.

This reservation does not immediately result in the actual debit of credits:

• If the story generation is successful, the FIDJ are permanently debited from the User's balance.
• On the other hand, if the generation fails for technical reasons beyond Fidjoo's control (server error, API problem, connection interruption, etc.), the FIDJ are not debited and are automatically restored to the User's account.

Fidjoo makes every effort to ensure the reliability of the generation process, without however being able to guarantee uninterrupted availability or operation of the Service.

21.4 Validity and Expiration of FIDJ

FIDJ are valid as long as the User's Account remains active, subject to the expiration conditions described below.

On the other hand, FIDJ acquired via credit packs (Pack 1, Pack 2, Pack 3) have no expiration date and remain available as long as the User's Account remains active.

21.5 Modifications and Deletion of Virtual Currency

Fidjoo reserves the right to modify, suspend or delete the FIDJ system at any time.

In case of permanent deletion, Users still having active credits will be informed in advance by any appropriate means (notification in the application or email), and Fidjoo may offer fair compensation (e.g.: free generation of equivalent stories or subscription extension).

21.6 Liability

The User acknowledges that the management of FIDJ is strictly linked to their Fidjoo Account.

Fidjoo cannot be held responsible for the loss of FIDJ resulting from:

• fraudulent use of the Account
• hacking
• voluntary or accidental deletion of the Account by the User
• or breach of these Terms