Effective Date: 10/05/24
Last Updated: 10/05/24
We are Immediate Transformation Academy ("Company," "we," "us," "our"), a company registered in France, located at 6 Rue d'Armaille, 75017 Paris, France.
We operate the mobile application Watosay (the "App"), and our associated website https://watosay.com/ (the "Site"), which may refer to or link to these legal terms (the "Legal Terms").
The App, the Site, and any related services are collectively referred to as the "Services."
You can contact us by email at [email protected] or by mail to: 6 Rue d'Armaille, 75017 Paris, France.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Immediate Transformation Academy concerning your access to and use of the Services.
By accessing or using the Services (including downloading or using the App, or visiting the Site), you acknowledge that you have read, understood, and agree to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Our Privacy Policy is also part of these Legal Terms and describes how we handle your personal data. Please review it carefully as it is incorporated by reference into this agreement.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and potentially through other means like an in-App notification or a notice on our Site where appropriate or required by law. Your continued use of the Services after the date such revised Legal Terms are posted constitutes your acceptance of the changes. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you save or print a copy of these Legal Terms for your records.
2.1. Service Description:
Watosay provides a mobile application designed to assist users by generating personalized, AI-powered message suggestions. Users can upload screenshots of conversations and provide additional context (such as goals or tone preferences). The App analyzes this information using artificial intelligence to provide relevant communication suggestions.
2.2. Intended Use:
The Services are provided for personal, informational purposes to help users craft messages. The AI-generated suggestions are intended as guidance and should be reviewed by the user for appropriateness and accuracy before use. Watosay does not guarantee the effectiveness or suitability of any suggestion for any particular situation.
2.3. Jurisdictional Limits:
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.4. Industry-Specific Regulations:
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), Gramm-Leach-Bliley Act (GLBA), etc.).
If your interactions or the content you upload would be subject to such laws, you may not use the Services for those purposes.
3.1. Our Intellectual Property:
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the Services originated by us (collectively, the "Our Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in France and around the world.
Our Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use in connection with the Services only.
3.2. Your Use of Our Services (Limited License):
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- access and use the Services; and
- download or install a copy of the App on a device that you own or control, solely for your personal, non-commercial use in connection with the Services.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Our Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Our Content, or Marks other than as set out in this section, please address your request to: [email protected].
If we grant you permission to post, reproduce, or publicly display any part of our Services or Our Content, you must identify us as the owners or licensors of the Services, Our Content, or Marks and ensure that any copyright or proprietary notice appears or is visible.
We reserve all rights not expressly granted to you in and to the Services, Our Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
4.1. Definition of User Content:
"User Content" means any and all information and content that a user uploads, submits, posts, creates, or transmits to or through the Services. This includes, but is not limited to, screenshots of conversations, text inputs, contextual details (such as conversation goals or tone preferences), and any other materials you provide to the App.
4.2. Ownership of User Content:
You retain full ownership of your User Content and any intellectual property rights associated with your User Content. We do not claim any ownership rights over your User Content.
4.3. License to Watosay for Service Provision:
To enable us to provide, operate, maintain, and improve the Services, you grant us a limited, non-exclusive, revocable, worldwide license to host, store, access, use, process, reproduce, modify (e.g., for formatting or technical display purposes), and display your User Content. This license is granted solely for the following purposes:
- Operating and providing the core functionalities of the App, such as analyzing your User Content to generate AI-powered message suggestions.
- Displaying your User Content back to you within the App (e.g., for conversation history or context continuity, as described in our Privacy Policy).
- Performing necessary technical operations, such as troubleshooting, data backup, and security measures.
This license does not grant us the right to:
- Sell, rent, or lease your User Content to third parties.
- Use your User Content for our own marketing or advertising purposes without your separate explicit consent.
- Sublicense your User Content to third parties, except as necessary for our data processors (e.g., cloud hosting or AI processing providers like OpenAI) to assist us in delivering the Services to you, and only under written contracts that include data protection obligations in accordance with Article 28 of the GDPR.
This license terminates when your User Content is deleted from our systems, either by you or by us in accordance with these Legal Terms and our Privacy Policy.
4.4. Use of User Content for AI Model Improvement (With Your Explicit Consent Only):
As detailed in our Privacy Policy, we may wish to use certain User Content to improve the performance, relevance, and safety of our AI models and the suggestions generated by the Services.
We will only use your User Content for AI model improvement if you provide your explicit, opt-in consent. This consent is typically managed via a toggle in the App's settings.
If you provide such consent, the license granted in Section 4.3 will also extend to using your User Content for this specific purpose, subject to any anonymization, aggregation, or other data protection measures described in our Privacy Policy.
You can withdraw this consent at any time via the App settings, and such withdrawal will not affect the lawfulness of processing based on consent before its withdrawal. If you do not provide consent, or if you withdraw your consent, your User Content will not be used for AI model improvement.
Any User Content used for model improvement will be retained only for the duration of the training cycle, as described in our Privacy Policy, and will be deleted or fully anonymized thereafter.
4.5. AI-Generated Suggestions:
The message suggestions and other outputs generated by the AI within the Services ("AI Suggestions") are provided for your use.
Due to the nature of AI-generated content, we do not claim copyright ownership over the specific AI Suggestions provided to you, as they may lack the human authorship required for copyright protection under applicable law.
While we do not claim copyright ownership over AI Suggestions, the underlying AI system and service architecture remain our exclusive intellectual property. You may not use the AI Suggestions to create competing products or services.
However, to enable your use of these AI Suggestions and to prevent misuse, we grant you a limited, non-exclusive, worldwide, royalty-free license to use the AI Suggestions generated for you through the Services for your personal, non-commercial purposes, subject to your compliance with these Legal Terms.
You are responsible for reviewing and ensuring the appropriateness of any AI Suggestion before using it.
4.6. Your Responsibility for User Content:
You are solely responsible for your User Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content. Where your User Content includes personal data of third parties (e.g., chat partners), you are solely responsible for ensuring that a valid legal basis exists for its processing under applicable data protection laws. You represent and warrant that:
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your User Content in the manner contemplated by the Services and these Legal Terms.
Your User Content, and our use of your User Content as permitted by these Legal Terms, will not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Your User Content does not contain any information that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading, or that violates the privacy rights of any third party without their explicit consent. (Also see "PROHIBITED ACTIVITIES" section).
We have the right, but not the obligation, to review, monitor, or remove your User Content, in our sole discretion and at any time and for any reason, without notice to you, if we consider such User Content to be harmful or in breach of these Legal Terms.
By using the Services, you represent and warrant that:
1. All information you provide in connection with your purchase or any in-app onboarding process is true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update it as necessary (e.g., through your Apple App Store or Google Play Store account settings if related to payment);
3. You have the legal capacity and you agree to comply with these Legal Terms;
4. You are at least 18 years old and not a minor in the jurisdiction in which you reside;
5. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except where such access is explicitly authorized by us in writing, such as for accessibility accommodations or approved integrations via our official API (if made available);
6. You will not use the Services for any illegal or unauthorized purpose;
7. Your use of the Services will not violate any applicable law or regulation; and
8. You have a lawful basis (such as consent, legitimate interest, or contractual necessity) for uploading any content to the App that contains personal data of third parties, in accordance with applicable data protection laws, including the GDPR.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Services (or any portion thereof) and refuse any and all current or future use of the Services. We are not obligated to independently verify the accuracy of any information you provide.
6.1. Access via App Stores:
Access to the functionalities of the App is typically obtained through a purchase or subscription via the Apple App Store or Google Play Store (each an "App Distributor"). Your use of the Services is subject to your compliance with the applicable terms of service and usage rules of the respective App Distributor (e.g., Apple Media Services Terms and Conditions or Google Play Terms of Service), in addition to these Legal Terms.
6.2. User Identification:
You acknowledge that when you access the Services via an App Distributor, we identify your entitlement to use the Services based on information provided by the App Distributor (such as an anonymized user ID or transaction ID associated with your purchase or subscription).
We do not require you to create a separate username, email, or password directly with Watosay to use the core features of the App. Because we rely on App Distributors for user identification, we may not have direct access to certain user contact details unless voluntarily provided by you (e.g., via support inquiries).
6.3. Responsibility for App Store Account:
You are responsible for maintaining the confidentiality and security of your Apple ID or Google Account and any associated payment information used to purchase or subscribe to the Services. You are also responsible for all activities that occur under your App Store account that relate to your use of our Services.
6.4. Subscription Management:
Any subscriptions purchased through an App Distributor are managed by that App Distributor. This includes payments, renewals, and cancellations. Please refer to the terms of your App Distributor for information on managing your subscription.
We will outline our specific payment and cancellation terms related to our Services in the "PURCHASES AND PAYMENT" and "CANCELLATION" sections of these Legal Terms, to the extent they are not superseded by the App Distributor's terms.
6.5. Suspension or Termination of Access:
We reserve the right to suspend or terminate your access to the Services if your subscription through the App Distributor becomes invalid, is canceled, if you breach these Legal Terms or the terms of the App Distributor, or if we reasonably suspect fraud, abuse of the Services, or violation of applicable law.
7.1. Subscription and Free Trial:
Access to the full features of the Watosay App requires a subscription. We may offer a one-time free trial period of three (3) days to new users. At the end of the free trial period, if you have not canceled, your subscription will automatically convert to a paid weekly recurring subscription at the then-current price. The subscription grants you access to all available features of the App during the subscription period. By starting a free trial, you acknowledge and agree that unless you cancel at least 24 hours before the end of the trial period, your subscription will automatically convert to a paid plan and the applicable fee will be charged to your payment method.
7.2. Payment Processing:
All purchases and subscriptions for the App are processed through the App Distributor from which you downloaded the App (i.e., Apple App Store or Google Play Store). You must provide valid payment information to the App Distributor at the time of purchase or when initiating a free trial that converts to a paid subscription.
7.3. Billing:
By providing your payment information to the App Distributor and initiating a purchase or subscription, you authorize the App Distributor to charge your chosen payment method for the subscription fees, including any applicable taxes. For recurring subscriptions, you authorize the App Distributor to charge your payment method on a recurring basis (e.g., weekly) without requiring your prior approval for each recurring charge, until you cancel your subscription in accordance with the App Distributor's policies and the "CANCELLATION" section of these Legal Terms.
7.4. Accuracy of Billing Information:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the App Distributor. You further agree to promptly update your account and payment information with the App Distributor, including email address, payment method, and payment card expiration date, so that they can complete your transactions and contact you as needed. We are not responsible for any errors or failures in payment processing due to inaccurate or outdated information you provide to the App Distributor.
7.5. Price Changes:
We reserve the right to change the price of our subscriptions at any time. Any price changes will apply to new subscriptions or to subsequent renewal periods of existing subscriptions.
We will provide you with reasonable prior notice of any price changes, typically through the App Distributor's platform or via an in-app notification, giving you an opportunity to cancel your subscription before the new price takes effect.
If you do not cancel your subscription after notice of a price change, you will be deemed to have accepted the new price.
All billing, price adjustments, and refund requests must be handled directly with the App Distributor in accordance with their respective refund policies. We do not issue refunds directly.
7.6. Sales Tax:
Sales tax or other applicable taxes (e.g., VAT) will be added to the price of purchases as deemed required by the App Distributor or applicable law. The final price, including any taxes, will be displayed to you by the App Distributor before you complete your purchase.
7.7. Currency:
All payments shall be in the currency specified by the App Distributor at the point of purchase.
7.8. Errors in Pricing:
The App Distributors and we reserve the right to correct any errors or mistakes in pricing displayed in the App. If a pricing error occurs, you may be notified by the App Distributor and offered the option to proceed at the corrected price or cancel your order.
8.1. Cancellation of Subscription:
You may cancel your subscription to the Services at any time. Since subscriptions are managed through the App Distributor (Apple App Store or Google Play Store), you must cancel your subscription directly through your account settings with the respective App Distributor.
For Apple App Store subscriptions:
You can manage and cancel your subscriptions by visiting your Apple ID account settings.
For Google Play Store subscriptions:
You can manage and cancel your subscriptions through your Google Play account settings.
Please ensure you cancel your subscription at least 24 hours before your next scheduled renewal date to avoid being charged for the subsequent subscription period. Instructions for cancellation are provided by the App Distributors.
8.2. Effect of Cancellation:
If you cancel your subscription, your access to the paid features of the Services will continue until the end of your current paid subscription period.
You will not be charged for subsequent subscription periods after cancellation.
Cancellation of a free trial must occur at least 24 hours before the end of the trial period to avoid conversion to a paid subscription.
8.3. No Refunds for Early Cancellation:
Except as expressly provided by the App Distributor's refund policies or as required by applicable consumer protection laws in your jurisdiction (such as the 14-day statutory withdrawal right for consumers in the European Union for initial purchases, unless the right has been waived by starting the service (e.g., by accessing paid features during the trial or subscription period), all purchases are generally non-refundable.
We do not provide refunds or credits for any partial subscription periods or unused Services if you cancel your subscription before the end of the term. Any refund requests must be directed to the App Distributor through which you made the purchase, as they handle all billing and refund processes.
8.4. Service Dissatisfaction:
If you are unsatisfied with our Services, please contact us at [email protected]. While we do not typically issue refunds directly (as these are handled by App Distributors), we value your feedback and will consider your concerns.
9.1. License Grant:
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices (e.g., smartphone or tablet) owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Legal Terms and any applicable usage rules set forth by the App Distributor from which you obtained the App.
9.2. License Restrictions:
You shall not:
(a) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
(b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
c) violate any applicable laws, rules, or regulations in connection with your access or use of the App;
(d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
(e) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended, unless explicitly authorized by us in writing;
(f) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time, except as permitted by family sharing or similar features of the App Distributor, if applicable;
(g) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
(h) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property (as described in Section 3) in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App, without our express prior written permission.
9.3. App Distributor Terms:
The following terms apply when you use the App obtained from either the Apple App Store or Google Play Store (each an "App Distributor") to access the Services:
(a) The license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service (e.g., Apple Media Services Terms and Conditions or Google Play Terms of Service).
(b) We are responsible for providing any maintenance and support services with respect to the App as specified in these Legal Terms, or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(c) In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility, subject to the disclaimers and limitations of liability set forth in these Legal Terms.
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. This representation is required by App Distributors.
(e) You must comply with applicable third-party terms of agreement when using the App (e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App).
(f) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords (though Watosay does not use traditional passwords, this applies to any sensitive access credentials related to App Store accounts or the service).
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any of Our Content or User Content or enforce limitations on the use of the Services and/or the content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations, including but not limited to data protection and privacy laws.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system not explicitly permitted by us, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any of Our Content or AI Suggestions.
- Attempt to impersonate another user or person or use the username or account of another user via their App Store credentials.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code, except as permitted by applicable law.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services through App Distributors.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users (to the extent such data is ever exposed or collected by us with consent) by electronic or other means for the purpose of sending unsolicited email.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or Our Content or AI Suggestions for any revenue-generating endeavor or commercial enterprise not explicitly approved by us.
- Upload, transmit, or generate through the Services any User Content or AI Suggestions that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including uploading screenshots of conversations without all necessary consents from all parties depicted), hateful, or racially, ethnically, or otherwise objectionable.
- Use the Services to generate or disseminate verifiably false information or content with the intent to deceive or mislead.
- Use the Services for any activity that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets.
We reserve the right, in our sole discretion, to investigate and take appropriate action against any user who, in our judgment, violates these terms, including removing offending content and reporting violations to legal authorities where appropriate.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your access to the Services, and may expose you to civil or criminal liability under applicable law.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
We do not regularly monitor or review Third-Party Websites or Third-Party Content and are under no obligation to do so.
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us beyond any initial inclusion, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you agree that we shall not be liable for, and you expressly waive and hold us harmless from, any claims, damages, or losses arising from your access to or use of Third-Party Websites or Content, including any product or service purchased therefrom.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites, except where such harm is a direct result of our gross negligence or willful misconduct in linking to such content.
12. ADVERTISERS
We do not display third-party advertisements in our Services. Our Privacy Policy further details our stance on advertising. If this policy changes in the future, we will update these Legal Terms and our Privacy Policy accordingly, and provide notice as required by applicable law.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Services for violations of these Legal Terms, although we are not obligated to proactively monitor user activity and may not review all User Content.
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof if it violates these Legal Terms or any applicable law or regulation, or is otherwise harmful or objectionable;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services and to ensure compliance with applicable laws.
14. TERM AND TERMINATION
14.1. Term:
These Legal Terms shall commence on the date you first access or use the Services (including downloading the App or visiting the Site) and shall remain in full force and effect while you use the Services or maintain an active subscription, as applicable.
14.2. Termination by You:
You may terminate these Legal Terms at any time by discontinuing your use of the Services and, if applicable, canceling your subscription through the relevant App Distributor as described in the "CANCELLATION" section.
Uninstalling the App will also terminate these Legal Terms with respect to your use of the App, but please note that subscription cancellation must be handled via the App Distributor.
14.3. Termination or Suspension by Us: Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses or device identifiers), to any person for any reason or for no reason (to the extent permitted by applicable law), including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.
We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion, where such action is lawful and justified.
If we terminate or suspend your access for any reason, you are prohibited from attempting to access the Services under your current App Store account, a different App Store account, or through any other means, even if you may be acting on behalf of a third party, unless we explicitly permit you to do so. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14.4. Effect of Termination:
Upon termination of these Legal Terms for any reason:
(a) Your right to access and use the Services will immediately cease.
(b) If your access is terminated by us due to your breach, you will not be entitled to any refund for any unused portion of your subscription, except as may be required by applicable law or the App Distributor's policies.
(c) We will handle your User Content and personal data in accordance with our Privacy Policy, which includes provisions for data deletion upon termination or by user request, subject to our data retention policies for legal or legitimate business purposes.
(d) All provisions of these Legal Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 3.1, Section 4.2), license to AI Suggestions (Section 4.5, for suggestions already generated), disclaimers of warranties, limitations of liability, indemnification, and dispute resolution provisions.
15. MODIFICATIONS AND INTERRUPTIONS
15.1. Modifications to Services:
We reserve the right to change, modify, or remove the contents, features, or functionality of the Services at any time or for any reason at our sole discretion without notice, except where prior notice is required by applicable consumer protection laws (e.g., the EU Digital Content and Digital Services Directive, or similar national laws applicable to paid digital subscriptions for material changes to paid services for existing subscribers).
We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
15.2. No Obligation to Update:
We have no obligation to update any information on our Services, nor to continue to provide, maintain, or support the Services or any particular features or functionalities thereof, unless otherwise required by applicable law.
15.3. Service Interruptions:
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services (scheduled or unscheduled), resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services, except where such liability cannot be excluded or limited under applicable law.
15.4. No Entitlement to Support:
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith, except as may be required by applicable law.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you are a consumer residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Legal Terms, including this Governing Law clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
17. DISPUTE RESOLUTION
17.1. Informal Negotiations:
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating formal legal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party. You may send your notice to Immediate Transformation Academy, 6 Rue d'Armaille, 75017 Paris, France, and/or by email to [email protected]. We will send our notice to your email address if you have provided one to us (e.g. via support or if collected by an App Distributor and shared with us with your consent), or through other appropriate means if an email address is not available.
17.2. Online Dispute Resolution (ODR) for EU Consumers:
If you are a consumer residing in the European Union, you may be entitled to use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr. Our contact email for ODR purposes is: [email protected]. We are not obligated to, and generally do not, participate in ODR procedures unless required by law, but we will inform you if we are legally required to do so in connection with a specific dispute.
17.3. Competent Courts:
If the Parties are unable to resolve a Dispute through informal negotiations or, where applicable, ODR, then the Dispute shall be finally and exclusively resolved by the competent courts of Paris, France, unless mandatory consumer protection laws in your country of residence entitle you to bring the dispute before your local courts.
17.4. Restrictions on Class Actions / Representative Actions:
To the fullest extent permitted by applicable law, each Party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through informal negotiation or ODR, each Party waives any right to a jury trial, where such waiver is permitted. This provision does not intend to limit the rights of EU consumers to bring collective actions where such rights are provided by mandatory local law.
17.5. Exceptions to Informal Negotiations and Court Jurisdiction:
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Services; and (c) any claim for injunctive relief. Such Disputes may be brought directly before the competent courts as defined in Section 17.3.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information related to the Services.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice, provided that such corrections will not retroactively alter the terms of any purchase or subscription already completed, or otherwise infringe upon your rights under applicable consumer protection laws.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. To the fullest extent permitted by law, your use of the Services is at your own discretion and risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT (INCLUDING OUR CONTENT AND ANY THIRD-PARTY CONTENT) OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. SPECIFICALLY, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, SUITABILITY, OR COMPLETENESS OF ANY AI SUGGESTIONS PROVIDED THROUGH THE SERVICES. AI SUGGESTIONS ARE GENERATED AUTOMATICALLY AND ARE FOR INFORMATIONAL PURPOSES ONLY; THEY DO NOT CONSTITUTE PROFESSIONAL ADVICE AND SHOULD BE REVIEWED BY YOU FOR ACCURACY AND APPROPRIATENESS BEFORE USE.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING AI SUGGESTIONS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (TO THE EXTENT WE STORE SUCH INFORMATION, AS DETAILED IN OUR PRIVACY POLICY), (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING (THOUGH WE CURRENTLY DO NOT DISPLAY THIRD-PARTY ADVERTISEMENTS AS STATED IN SECTION 12).
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS (SUCH AS CERTAIN EU MEMBER STATES) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF MANDATORY PROVISIONS OF YOUR LOCAL LAW PROVIDE YOU WITH GREATER PROTECTIONS. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR THE AI SUGGESTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, except where such limitation is prohibited by applicable law. IF NO AMOUNTS WERE PAID BY YOU TO US DURING SUCH PERIOD, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIFTY EUROS (€50.00), except where such limitation is prohibited by applicable law.
CERTAIN JURISDICTIONS (INCLUDING FRANCE AND OTHER EU MEMBER STATES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR GROSS NEGLIGENCE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU WHERE PROHIBITED BY MANDATORY LAW. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE LEGAL TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, and employees (the "Indemnified Parties"), from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) your use of the Services, including any AI Suggestions obtained therefrom; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights or privacy rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
This indemnification obligation will not apply to the extent that any claim, loss, damage, liability, or demand is caused by our own gross negligence, willful misconduct, or breach of these Legal Terms.
22. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Our collection, use, storage, and protection of personal data, including User Content that constitutes personal data, is governed by our Privacy Policy, which is incorporated by reference into these Legal Terms. Please review the Privacy Policy carefully as it details our data handling practices, your rights regarding your personal data (such as access, rectification, and erasure), and our commitments under the General Data Protection Regulation (GDPR) and other applicable data protection laws.
You are solely responsible for all User Content that you transmit or that relates to any activity you have undertaken using the Services. This includes ensuring you have the lawful basis to upload any User Content, especially if it contains personal data of third parties, as stated in Section 5 (User Representations) and Section 4.6 (Your Responsibility for User Content).
While we implement security measures as detailed in our Privacy Policy and take reasonable care in performing regular routine backups of data related to the Services, we do not guarantee that there will be no loss or corruption of data. To the fullest extent permitted by applicable law, you agree not to hold us liable for any such loss or corruption of data, except as required under applicable law. We strongly recommend that you maintain your own backups of any User Content you deem important.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services (including through in-app notifications or posts on our Site), satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means, to the extent permitted by applicable law.
24. SPECIFIC JURISDICTIONS (CALIFORNIA AND EUROPEAN UNION USERS)
24.1. California Users and Residents:
As stated in our Privacy Policy, our business does not currently meet the thresholds for mandatory compliance under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
However, we are committed to transparency and privacy best practices. If you are a California resident and would like to make a request concerning your personal information, or if you have a complaint that is not satisfactorily resolved, you may contact us at [email protected].
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. For more details on how we handle data and your rights if you are a California resident, please refer to our Privacy Policy.
24.2. European Union Users:
If you are a user in the European Union, you have certain data protection rights under the General Data Protection Regulation (GDPR). These rights, and how to exercise them, are detailed in our Privacy Policy, including rights of access, rectification, erasure, restriction of processing, data portability, and the right to object. As our company is established in France, the French data protection authority (Commission Nationale de l'Informatique et des Libertés - CNIL) is our lead supervisory authority.
You have the right to lodge a complaint with the CNIL or your local supervisory authority if you believe your data protection rights have been infringed. We process the personal data of EU users in accordance with the GDPR, French data protection law, and the commitments outlined in our Privacy Policy.
25. MISCELLANEOUS
25.1. Entire Agreement:
These Legal Terms, together with our Privacy Policy and any other legal notices or supplemental terms published by us on the Services, shall constitute the entire agreement between you and Immediate Transformation Academy concerning the Services.
25.2. Waiver:
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
25.3. Severability:
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. Such an unenforceable provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law.
25.4. Assignment:
We may assign any or all of our rights and obligations to others at any time without notice to you. You may not assign or transfer your rights or obligations under these Legal Terms to any other person without our prior written consent. Any attempted assignment in violation of this section shall be void.
25.5. No Third-Party Beneficiaries:
Except as expressly provided in these Legal Terms (e.g., Section 9.3(f) regarding App Distributors), there are no third-party beneficiaries to these Legal Terms.
25.6. Relationship of the Parties:
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Legal Terms or your use of the Services.
25.7. Headings:
The section titles and headings in these Legal Terms are for convenience only and have no legal or contractual effect.
25.8. Force Majeure:
We shall not be liable for any failure to perform non-essential obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
25.9. Construction:
You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
26. CONTACT US
6 Rue d'Armaille 75017 Paris France
Email: [email protected]
Phone: +44 7362 028557