General conditions of sale (TERMS AND CONDITIONS)

Denomination: MangooFX

Legal form: Simplified joint stock company (SAS) — In the process of registration

‍Head office: 57 courses of the Argonne, 33000 Bordeaux, France

‍Legal representative/Publishing director: Alan Weckerlin

Contact support: support@mangoofx.com

‍RCS/SIREN: waiting for issuance upon registration

‍Intra-community VAT number: not applicable at this stage

The purpose of these General Terms and Conditions of Sale (hereinafter the “CGV”) is to define the contractual conditions applicable to any subscription and purchase of services and products offered by MangooFX, a SAS company, whose head office is located at 57 Cours de l'Argonne, 33000 Bordeaux, France, and in particular the sale of tokens (“credits”) and monthly or annual subscriptions, via the website https://mangoofx.com (hereinafter the “Site”).

The Terms and Conditions exclusively govern the contractual relationship between MangoofX and any User (hereinafter the “User” or the “Customer”) placing an order or a subscription on the Site.

MangooFX offers, via its website, an innovative platform dedicated to generation of personalized, optimized and high-quality YouTube thumbnails, thanks to the integration of advanced artificial intelligence (AI). The services made available to the User include in particular:

- Access to the AI Miniature Generation Platform: The User has access to the intuitive MangoOFX interface, allowing to design and create thumbnails of YouTube videos. The platform provides various AI-based tools and functionalities to facilitate this process.

- Use of Credits for Content Creation: The generation of thumbnails and access to certain advanced functionalities are achieved through the consumption of “credits”. Each creation action (for example, generating a thumbnail, using a specific option) deducts a certain number of credits from the User's balance.

- Subscription offers (monthly or annual): MangooFX offers various subscription packages, giving access to a defined volume of monthly or annual credits, as well as to exclusive features or specific usage quotas. These subscriptions are designed to meet the varied needs of Users, from casual creators to professionals.

- Specific Options and Features via AI: The platform integrates artificial intelligence modules allowing advanced creations and modifications, such as:
- FaceSwap: Option allowing the exchange of faces on the images generated.
- DigitalMe: Option allowing the creation of custom numerical representations.

The services are constantly being improved and new features may be added or modified by MangooFX, subject to informing Users.

4.1. Service Prices: The prices applicable to subscriptions and the purchase of credits are displayed on the MangoOFX Site in euros (€), all taxes included (TTC). MangooFX reserves the right to change its prices at any time, it being understood that the price invoiced to the User will be that in force at the time of validation of the order. Prices may include temporary promotions or specific discounts, the terms and duration of which will be clearly indicated.

4.2. Payment methods: Payment for services is made exclusively online, via the secure payment solutions offered on the Site. The User guarantees that he is fully authorized to use the payment card or any other payment method chosen and that this payment method provides access to sufficient funds to cover the costs of the services subscribed to. MangooFX does not keep the User's banking data, which is processed directly by the secure payment provider.

4.3. Automatic Subscription Renewal: Unless otherwise expressly stated, subscriptions are tacitly renewed for a period identical to the initial period (monthly or annual). The corresponding withdrawal is made automatically on the due date. The User can deactivate the automatic renewal at any time from his personal space, according to the methods specified in Article 7 of these Terms and Conditions.

5.1. Order process: Any order for credits or subscriptions is made online on the MangoOFX Site. The User selects the offer of his choice, enters the information necessary for the transaction and validates his order after having read and accepted these Terms and Conditions. The validation of the order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

‍5.2. Order Confirmation: After validation of the payment, MangoOFX confirms the order to the User by email. This confirmation summarizes the details of the order (offer subscribed, price, quantity of credits or duration of the subscription).

5.3. Execution of the Services:* Credits: The credits purchased are automatically credited to the User's Account as soon as payment is validated by the secure provider, and can be immediately used for the generation of thumbnails. * Subscriptions: Access to subscription-related services is activated as soon as payment is validated.

5.4. Invoicing: An invoice corresponding to each order is made available to the User in his personal space on the MangoOFX Site. The User can consult and download it at any time.

6.1. Withdrawal period: In accordance with the provisions of article L.221-18 of the Consumer Code, the User, if he is a consumer, has a period of fourteen (14) calendar days from the date of validation of his order to exercise his right of withdrawal, without having to justify reasons or pay penalties.

6.2. Exclusion of the Right of Withdrawal: The right of withdrawal cannot be exercised if the execution of the services has begun, and in particular if the User has already:
- Consumed credits, even partially, even if they were offered.
- Used any functionality related to the subscription taken out.
- Accessed any digital content or service that is not provided on a physical medium.

The User acknowledges that, by validating his order and starting to use the services, he expressly renounces his right of withdrawal for the part of the service consumed or activated.

6.3. Methods for exercising the right of withdrawal: To exercise his right of withdrawal, the User must notify MangoofX of his decision by an unambiguous statement (for example, a letter sent by post or email) to the address support@mangoofx.com, before the expiry of the period of 14 days. MangooFX undertakes to reimburse the User for all amounts paid, minus the value of the services possibly consumed or activated, within a period of fourteen (14) days from the receipt of the withdrawal notification, by the same means of payment as that used by the User.

6.4. Credits consumed: No claim, refund or cancellation will be admissible for credits that have been consumed, even partially, or for services for which access has been activated and used, including if the credits have been offered.

6.5. Lack of reimbursement in case of oversight or negligence: The User is solely responsible for managing his subscription, including its cancellation before the automatic renewal deadline. No refund will be given in the event of a forgotten renewal deactivation, prolonged account inactivity, or partial or no use of the service during the invoiced subscription period.

7.1. Contract duration: The subscription is concluded for a fixed period, monthly or annual, starting from the date of subscription and the validation of payment.

7.2. Renewal: At the end of the initial period, the subscription is tacitly renewed for an identical period, unless cancelled by the User under the conditions defined below. Renewal payment is automatically taken.

7.3. Termination by the User: The User has the option to cancel his subscription at any time and without charge, before the end of the current subscription period (monthly or annual). The cancellation will take effect at the end of the current subscription period. To cancel, the User must go to his personal space on the Site, in the section dedicated to managing the subscription, and follow the unsubscribe procedure. No amount will be refunded for the current subscription period, even if cancelled early.

7.4. Termination by MangoOFX: MangooFX reserves the right to terminate a User's subscription as of right and without notice, in the event of a serious breach by the User of these Terms and Conditions, in particular in the event of fraud, non-payment or abusive or illegal use of the services. In this case, the amounts paid for the current period will remain with MangooFX, without prejudice to any other legal action.

8.1. Validity of Credits: Credits acquired through subscriptions or one-off purchases can be used exclusively on the MangoOFX Site to access thumbnail generation services.

8.2. Non-Refundability and Non-Cumulation: Credits are non-refundable and not exchangeable for fiat currency or any other asset. Credits not used during a subscription period are not cumulative with the next period and are reset to zero at each renewal or at the expiration of the subscription.

8.3. Purchase of Additional Credits: The User has the possibility to buy additional credit packs at any time, outside of his subscription, according to the rates in force on the Site. The conditions of validity and use of these additional credits will be specified at the time of purchase.

8.4. Loss and Fraud: MangooFX is not responsible for the loss or fraudulent use of credits resulting from the User's negligence (for example, sharing login credentials).

9.1. Obligation of Means: MangooFX is committed to providing the services diligently and according to the rules of the art. However, MangoofX is only bound by an obligation of means and does not guarantee that the services will be free of errors, bugs or interruptions.

9.2. Exclusion of Liability: MangooFX will not be liable for indirect, incidental, special, punitive, or consequential damages (including, but not limited to, lost profits, loss of revenue, loss of data, loss of business opportunities, loss of customers, or loss of anticipated savings) resulting from the use or inability to use the services, even if MangooFX has been advised of the possibility of such damages.

9.3. Limitation of Liability: In any case, the total liability of MangoOFX towards the User, for any damage arising from the execution or non-performance of the services, or in connection with these GTC, is expressly limited to the amount actually paid by the User for the services concerned during the last twelve (12) months preceding the event giving rise to the damage.

9.4. Force Majeure: MangooFX cannot be held responsible for any breach of its obligations if such failure is due to a case of force majeure, as defined by French case law.

10.1. MangoOFX Rights: The MangoOFX Site, its architecture, its contents (texts, images, sounds, videos), its logos, images, sounds, videos), its logos, its software, its underlying artificial intelligence models, its databases and its functionalities (including FaceSwap, DigitalMe, etc.) are the exclusive property of MangoofX or its licensors and are protected by copyright, trademark law, patent law, and any other proprietary right intellectual. Any reproduction, representation, modification, adaptation or exploitation, total or partial, of these elements, in whole or in part, of these elements without the express written authorization of MangoOFX is strictly prohibited and constitutes counterfeiting.

10.2. License to Use Created Miniatures: MangooFX grants the User a non-exclusive, non-transferable, revocable and limited license to use the thumbnails generated via the platform. This license allows the User to use, reproduce and distribute the thumbnails created for their personal or professional needs, in particular for their YouTube channels, in compliance with these Terms and Conditions and the laws in force. The User is solely responsible for the content of the prompts he submits and the thumbnails he generates, and guarantees that they do not infringe the rights of third parties or applicable legislation.

10.3. Rights to Use Prompts and Training Data: The User grants to MangoofX a non-exclusive, transferable, sublicensable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display text prompts and images possibly provided by the User for the purposes of improving, training MangoofX's artificial intelligence models and providing the services.

10.4 Right to promotional use of thumbnails : MangooFX reserves the right to collect, reproduce and distribute (website, social networks, social networks, videos, portfolio, advertisements) all or part of: generated thumbnails, associated prompts, styles or parameters used, for strictly promotional purposes and to demonstrate the Service.

Opposition option (Master Plan only)
Only Users with the Master Plan may request the non-publication of their creations. The request must be made by explicit email to support@mangoofx.com (recommended object: “promotional Opt-out”) .The objection is only taken into account after written confirmation from MangoOFX.In the absence of an express request, the User automatically grants MangooFX a free, non-exclusive and worldwide license to use the content for the purposes mentioned above. Users who do not benefit from the Master Plan do not have this option and accept, by using the Service, that MangoofX can freely reuse their thumbnails and prompts for the purposes mentioned above. Users who do not benefit from the Master Plan do not have this option and accept, by using the Service, that MangoofX can freely reuse their thumbnails and prompts for the purposes mentioned above. promotional.

11.1. Data Collection and Processing: Personal data collected from Users via the Site (in particular when creating an account, placing orders, or using services) is processed by MangoOFX in its capacity as data controller, in accordance with the provisions of the General Data Protection Regulation (RGPD) no. 2016/679 of 27 April 2016 and the amended Data Protection Act of 6 January 1978. This data is collected and processed for the following purposes: management of User accounts, execution of orders and subscriptions, provision of services, improvement of services, billing, monitoring of customer relationships and commercial prospecting (subject to the User's consent).

11.2. User Rights: The User has a right to access, rectify, delete his personal data, a right to limit the processing, a right to object to processing, a right to the portability of your data, and the right to define guidelines relating to to the fate of his data after his death. These rights can be exercised by contacting MangoOFX at the email address: support@mangoofx.com. The User also has the right to file a complaint with the CNIL (Commission Nationale de l'Informatique) and of Liberties) in France.

11.3. Confidentiality Policy: For more complete and detailed information on the processing of their personal data, the User is invited to consult the Confidentiality Policy from MangooFX, accessible on the Site.

12.1. Applicable law: These General Terms and Conditions of Sale and the resulting transactions are governed by and interpreted in accordance with French law.

12.2. Amicable Dispute Resolution: In the event of a dispute or disagreement concerning the application, interpretation or execution of these GTC, the User and MangooFX undertake to seek an amicable solution before any legal action. The consumer User is informed that he may use a consumer mediator free of charge in order to resolve any dispute amicably. the opponent of MangoOFX. The contact details of the mediator will be provided by MangoofX at the request of the User.

12.3. Competent jurisdiction: In the absence of amicable resolution, all disputes to which these GCS may give rise, concerning both their validity and their interpretation, their execution, their termination, their consequences and their consequences, will be subject to the competent courts from Bordeaux, France.

By validating his purchase of credits or the subscription of a subscription on the MangoOFX Site, the User expressly declares to have read all of these General Conditions of Sale, to have understood and accepted them without reservation. This acceptance constitutes recognition of the contractual conditions and their binding force.