Terms of Use (ToU)

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 of Use (ToU) is to define the rules that govern access, navigation and use of the site www.mangoofx.com (hereinafter “the Site”), published by the company MangooFX, SAS in the process of registration, as well as the use of the services offered.

The Site allows users (hereinafter “Users”) to create an account via Google, to buy and to use tokens to generate personalized YouTube thumbnails using artificial intelligence. It also includes a history system, a secure personal space, and any other functionality put online by MangooFX.

The use of the Site and the services implies the full and complete acceptance of these Terms of Use, without restriction or reservation. Any User acknowledges having read, understood and accepted the Terms of Use before any use.

The ToU apply to anyone accessing the Site, whether they are a simple visitor or a registered User, whether acting in their own name or on behalf of a company.

MangooFX reserves the right to modify or update these T&Cs at any time, without notice. Any changes will take effect as soon as they are posted online. Continued use of the Site after publication of the new conditions implies acceptance of them.

The ToU are supplemented, where applicable, by the General Terms and Conditions of Sale (GTS) and the Privacy Policy available on the Site. In the event of a contradiction between these documents, the GTC prevail over the ToU , which themselves prevail over the Privacy Policy.

The Site is accessible from any country, but remains subject to French legislation. The official language of the ToU is French.

For the proper understanding of these General Terms of Use (ToU), the terms below, when used with a capital letter, have the following meaning:

“Site”: refers to the web platform accessible at www.mangoofx.com, as well as any sub-domain or mobile version, allowing Users to access the Services offered by MangooFX.

“MangooFX”: refers to the company publishing the Site, currently registered in the Trade and Companies Register, represented by Alan Weckerlin.

“User”: refers to any natural or legal person who accesses the Site, whether they are a simple visitor or who has an Account.

“Account”: refers to the personal space that the User accesses after logging in via their Google account, and from which they can use the Services, consult their history, manage their Tokens and access their settings.

“Credits”: virtual unit associated with the User Account, allowing access to certain functionalities of the Service, in particular the generation of thumbnails. Each generation of visuals involves the consumption of a certain number of credits. These credits are acquired by the User through a purchase or a subscription.

“Service Credits (or Tokens)”: refers to non-monetary virtual units acquired or obtained on the MangooFX Site and used exclusively to access and use the Miniature Generation Services via Artificial Intelligence. These Service Tokens have no monetary value outside of the Site and are not transferable or refundable.

“$MANGOO Token (or $MANGOO Token)”: refers to the digital cryptoasset, based on blockchain technology, issued as part of the MangoOFX project as a community symbol and a means of recognizing the support of Users for the project. It does not in any way constitute a financial instrument, a security, a title of ownership, a right to vote, or an investment that generates a financial return on the part of MangooFX. Its acquisition is carried out exclusively on third-party exchange platforms and not directly on the MangooFX Site.

“Services”: all the functionalities offered by MangooFX via the Site, including without limitation: the assisted creation of YouTube thumbnails, the management of prompts, history, user space, token credit, possible updates or evolutions of the product.

“Miniature”: visual generated at the request of the User via artificial intelligence, on the basis of a text prompt and, where applicable, an image provided (e.g. photo of the User).

“Prompt”: message written by the User in the Site interface, describing the desired thumbnail. The prompt triggers automated processing by artificial intelligence to generate the corresponding visual.

“ToU”: refers to these General Terms of Use.

“CGV”: refers to the General Terms and Conditions of Sale applicable to purchases made on the Site (purchase of tokens, subscription, etc.).

“Privacy Policy”: a separate document that describes the practices of MangoOFX in terms of collecting, processing and protecting Users' personal data.

4.1 — Technical requirements
Access to the Site requires: a stable Internet connection; a modern HTML5 compatible browser (Chrome, Firefox, Edge, Safari or any equivalent browser that is regularly updated).
The User ensures that these prerequisites are available at their own expense. MangooFX cannot be held responsible for a malfunction related to inadequate equipment or connection.

‍4.2 — Account creation and management
Opening an Account is mandatory to use the Services. It is carried out exclusively via “Google Sign-In” authentication. Each User can only have one single Account.Google identifiers are strictly personal; the User undertakes to maintain their confidentiality. Any activity carried out from the Account is deemed to have been carried out by the owner User.
MangooFX reserves the right to delete or suspend any Account in the event of non-compliance with the Terms of Use or suspicious activity.

‍4.3 — Availability of the Service
MangooFX makes every effort to ensure continuous access to the Site, 24 hours a day, 7 days a week. Nevertheless: no absolute guarantee of availability is provided; temporary interruptions may occur for maintenance, updating, technical improvement or force majeure; MangoofX will endeavor to inform Users in the event of prolonged unavailability, without this giving rise to any right to compensation. The user acknowledges that the Service may evolve and that it accesses the Site “as is”, subject to the technical or operational limitations described above.

5.1 — Nature of Credits
Credits are virtual credits allocated to the User's Account. They do not constitute electronic money or a means of payment in the legal sense; they do not have no monetary value outside the Site.

‍5.2 — Acquisition
Credits are credited: when taking out a subscription or a paid pack, after confirmation of payment; for promotional or commercial purposes, according to MangooFX's occasional offers.
The number of credits credited and their price are indicated before any transaction.

‍5.3 — Balance display
Credit balance is updated in real time in the Account interface. The User must ensure that he has a sufficient balance before starting a thumbnail generation; no negative debit is allowed.

‍5.4 — Use and deduction
Each thumbnail generation request displays: the number of credits required; a validation button.
By clicking on “Validate”, the User accepts the immediate consumption of the credits indicated. The debit is automatic and irreversible as soon as the AI treatment is started. If the generation fails for a reason attributable to MangooFX, the credits concerned will be automatically re-credited.

‍5.5 — Non-transferable and non-refundable nature
Credits: cannot be assigned, transferred or sold to a third party; do not give rise to any refund or exchange in cash, except under an imperative legal obligation or provision to the contrary expressly provided for in the CGV.

‍5.6 — Loss or expiration
Credits remain valid as long as the Account is active. In the event of permanent closure or deletion of the Account (at the request of the User or for breach of the Terms and Conditions), the residual balance is definitively lost without compensation.

‍5.7 — Modification of the scales
MangooFX may adjust at any time: the purchase price of credits; the number of credits required for certain features.
Any modification will be notified to the User by email or via the Site at least 7 days before it comes into force. Continued use of the Service after notification constitutes acceptance.

5.8 — Fraud and adjustments
In case of suspicion of fraud, technical anomaly or abusive use (robots, attempted circumvention), MangooFX reserves the right: to temporarily block the Account; to debit or re-credit the balance after verification; to permanently delete the credits obtained fraudulently.

5.9 — Non-accumulation of credits linked to subscriptions
For Users with a monthly or annual subscription: The credits included in the plan are credited with each new billing period. These credits are not cumulative : on the renewal date, the balance is superseded by the quota provided for in the plan, regardless of the number of credits not used in the previous month (or year). The credits remaining at maturity therefore expire automatically and cannot be carried over over the following period.
By subscribing to a subscription, the User accepts this rule of non-accumulation and undertakes to consume the credits before the end of each billing period.

6.1 — Compliance with laws and ToU
The User undertakes to use the Site and the Services in strict compliance with the legislation in force, these General Conditions of Use and, where applicable, the General Conditions of Sale.

6.2 — Lawful use and loyalty
It is forbidden to divert the Service for illegal, defamatory, defamatory, harmful, harmful, fraudulent, discriminatory purposes or that infringe the rights of third parties (image rights, privacy, reputation, etc.).

6.3 — Intellectual property and content provided
When uploading images or any other content, the User guarantees: that he has the necessary rights (copyright, image rights) or that he has adequate permissions; that the content does not infringe the intellectual property rights of a third party.
In the event of a violation, the User alone bears any claim or legal action.

6.4 — Security of identifiers
Google identifiers allowing access to the Account are strictly personal and confidential.
The user: undertakes not to share them; puts in place reasonable security measures (strong password, two-factor authentication).
Any operation carried out from the Account is presumed to come from the User.

6.5 — Incident Reporting
The User must immediately inform MangooFX of any unauthorized use of their Account or any security breach found, by writing to support@mangoofx.com.Failure to comply with these obligations may result in the immediate suspension or permanent deletion of the Account, without prejudice to civil and criminal proceedings that MangooFX reserves the right to initiate.

7.1 — Content generated by the User
Unless explicitly stated otherwise displayed before generation, MangoofX grants to the User, for each thumbnail created via the Service: non-exclusive, worldwide and unlimited license ; covering the uses commercial and personal ; including the right of reproduction, representation and adaptation on any current or future medium. No property rights are transferred: the User receives a right of exploitation, MangoofX remaining the owner of the economic rights necessary to provide the Service.

‍7.2 — Items owned by MangoofX
All components of the Site (source code, architecture, databases, databases, texts, visuals, logos, brands, illustrations, downloadable documents, etc.) are and remain the exclusive property of MangooFX or its licensors, and is protected by copyright, international treaties, and applicable laws.

‍7.3 — Prohibitions
Any reproduction, extraction, modification, translation, translation, adaptation, adaptation, distribution or exploitation, total or partial, of the protected elements of the Platform without the prior written authorization of MangooFX is strictly prohibited and constitutes an infringement subject to civil and criminal proceedings.

‍7.4 — Penalties
MangooFX reserves the right to take any action necessary to stop an infringement of its intellectual property rights and obtain compensation for the damage suffered.

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

‍Opposition option (Master Plan only)
Only Users with Master Plan may request the non-publication of their creations. The request must be made by explicit email to support@mangoofx.com (recommended subject: “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 MangoFX a free, non-exclusive and worldwide license to use the content for the above purposes. Users who do not benefit from the Master Plan do not have this option and agree, by using the Service, that MangoofX can freely reuse their thumbnails and prompts for promotional purposes.

8.1 — Nature, Purpose and Lack of Financial Character of the $MANGOO Token
‍The $MANGOO Token (or $MANGOO Token) is a digital cryptoasset, issued on blockchain technology, as part of the MangoOFX project. Its exclusive and irrevocable purpose is to serve as Community symbol And of means of recognizing Users' support for the MangooFX project. It aims to strengthen engagement and belonging to the MangooFX community without conferring financial or governance rights.

‍The $MANGOO Token does not in any way constitute, in a non-exhaustive and cumulative manner:

- A financial instrument within the meaning of Directive 2014/65/EU (MiFID II), nor an equity security, a security, a debt instrument, a capital security, a negotiable debt instrument, a bond, a share or any other regulated investment or investment instrument.

- A right of ownership, participation in share capital, dividend, or distribution of profits from the company MangooFX.

- A right to vote, to governance, to decide, or to influence on the management, operations, or strategic orientation of the MangooFX company or the platform.

- A promise, a guarantee or an expectation of performance, financial gain, profit, capital gain or reimbursement of any kind whatsoever, generated by MangooFX or by the operation of the platform.

- A right to receive interest or any other form of remuneration or financial compensation.

- An electronic currency within the meaning of Directive 2009/110/EC, nor a means of payment.

‍The acquisition of the $MANGOO Token is part of a voluntary act of unpaid support to the MangoofX project and a desire to belong to its community. Its potential value on secondary markets is purely speculative and will depend solely on the supply and demand of these third markets, with no connection to the economic performance or efforts of MangooFX.

8.2 — Acquisition, Use and Exclusion of Liability of MangoOFX
The $MANGOO Token is not issued, sold, distributed, repurchased, or exchanged directly on the MangooFX Site. The company MangooFX does not act as a direct issuer, intermediary or provider of cryptoasset services (CASP/PSAN) concerning the $MANGOO Token and does not make any public offer of this token. Users wishing to acquire or exchange $MANGOO Tokens must do so exclusively through third-party cryptoasset exchange platforms or over-the-counter markets, outside the control and responsibility of MangooFX. The User is solely and fully responsible for all transactions and all consequences arising from the use of these third-party platforms.

The use of the $MANGOO Token does not confer any right to paid services from MangooFX and does not in any way replace the Service Credits (Virtual Credits) required to use the functionalities of the Miniatures generation platform.

8.3 — Risks Inherent in Acquiring and Holding the $MANGOO Token
The acquisition, holding and sale of $MANGOO Tokens involve significant risks, which the User fully recognizes and accepts before any acquisition. These risks include, but are not limited to:

- Risk of Total Loss of Value: The value of the $MANGOO Token is inherently volatile and can drop drastically or even become zero, without notice and without recourse. MangooFX does not guarantee the value, liquidity, or sustainability of the $MANGOO Token on the secondary market. The invested funds may be lost in full.

- Market Volatility Risks: The value of $MANGOO Token depends solely on supply and demand on third-party exchange platforms, which are subject to strong fluctuations and unpredictable factors (crypto market trends, investor sentiment, etc.).

- Technological risks:
- Vulnerability of Smart Contracts: Although audits can be carried out, the smart contracts underlying the $MANGOO Token may contain undetected flaws or bugs, which may cause loss of funds.
- Blockchain failures: Risks related to the operation of the blockchain on which the token is issued (network saturation, errors, computer attacks, forks or hard forks that can make the token obsolete or split).
- Cyber attack risks: Risk of hacking, denial of service attacks, malware, or other vulnerabilities affecting exchange platforms, user digital wallets, or blockchain infrastructure.

- Digital Wallet Security Risks: The User is solely responsible for the security of their own digital wallets and private keys. The loss of private keys will result in an irreversible loss of the $MANGOO Token. MangooFX cannot recover or restore tokens lost as a result of poor management by the User.
‍
- Regulatory and Legal Risks: The legislative and regulatory environment for cryptoassets is constantly evolving and can vary considerably from jurisdiction to jurisdiction. Future regulatory changes (prohibitions, restrictions, different qualifications) could have a significant negative impact on the value, use, or legality of holding the $MANGOO Token.

- Risks associated with dependence on third parties: Access and exchange of the $MANGOO Token depends on the availability and reliability of third-party exchange platforms, wallet providers, and other infrastructures external to MangooFX.

- Illiquidity risk: There is no guarantee that an active secondary market will exist for $MANGOO Token, making it difficult or impossible to sell.

‍The User acknowledges having been fully informed of the risks associated with the $MANGOO Token, undertakes to carry out its own due diligence and to consult professionals (lawyers, tax experts, experts in cryptoassets) before any decision to acquire, hold or sell $MANGOO Tokens. MangooFX assumes no responsibility for any loss or damage resulting from these risks.

8.4 — Taxation Applicable to $MANGOO Token
The User is solely and fully responsible for determining and paying all taxes, taxes, levies or other contributions (including income tax, real estate wealth tax, VAT or any other applicable tax) that may arise from the acquisition, holding, use, use, use, transfer or transfer or transfer of their $MANGOO Tokens, in accordance with applicable laws in their jurisdiction of residence and/or nationality.

MangooFX does not provide tax, legal, or financial advice. It is strongly recommended that the User consult a qualified tax advisor to understand their obligations. MangooFX cannot be held responsible for any breach by the User of its fiscal obligations.

8.1 — Obligation of means
MangooFX is committed to deploying reasonable technical and human resources to provide a quality, accessible and secure Service. However, the Service is provided “as is”; no express or implied warranty is given as to the result, perfection, or accuracy of the graphical renderings generated by artificial intelligence.

8.2 — Limits and accuracy of AI renderings
The thumbnails are created by an AI algorithm trained on third-party databases. MangooFX does not guarantee the absence of errors or automatic compliance with the guidelines of third party platforms (YouTube, social networks). It is up to the User to check the relevance and legality of the visuals before any publication.

8.3 — Responsibility of the User
The User alone assumes: the choice of prompts and images that he uploads; the compliance of the content generated with applicable laws, YouTube rules and the rights of third parties; all consequences resulting from the distribution or exploitation of the thumbnails.
In the event of a claim by a third party, the User undertakes to indemnify MangooFX for any cost, damage or expenses (including lawyer fees) resulting from unlawful use of the Service.

8.4 — Limitation of liability
MangooFX cannot be held responsible for indirect or intangible damages suffered by the User, such as loss of turnover, loss of opportunity, commercial trouble, damage to the image or data, related to the use or impossibility of using the Service.For proven direct damages, the possible liability of MangoofX is in any event limited to the total amount actually paid by the User during the twelve (12) months preceding the Made generator.

8.5 — Force majeure and maintenance
MangooFX cannot be held responsible for a breach due to a case of force majeure or any event beyond its reasonable control (network outage, cyber attack, fire, strike, strike, pandemic, pandemic, administrative decision, etc.). Planned interruptions for maintenance or updates may also occur without engaging the responsibility of MangoOFX.

8.6 — Lack of legal relationship with third party platforms
MangooFX is an independent service that is not affiliated with YouTube or Google. MangooFX cannot be held liable in case of modification of the policies or algorithms of third party platforms affecting the use or visibility of the thumbnails generated.

By using the Service, the User expressly accepts these limitations and exemptions from liability.

8.1 — Obligation of means
MangooFX is committed to deploying reasonable technical and human resources to provide a quality, accessible and secure Service. However, the Service is provided “as is”; no express or implied warranty is given as to the result, perfection, or accuracy of the graphical renderings generated by artificial intelligence.

8.2 — Limits and accuracy of AI renderings
The thumbnails are created by an AI algorithm trained on third-party databases. MangooFX does not guarantee the absence of errors or automatic compliance with the guidelines of third party platforms (YouTube, social networks). It is up to the User to check the relevance and legality of the visuals before any publication.

8.3 — Responsibility of the User
The User alone assumes: the choice of prompts and images that he uploads; the compliance of the content generated with applicable laws, YouTube rules and the rights of third parties; all consequences resulting from the distribution or exploitation of the thumbnails.
In the event of a claim by a third party, the User undertakes to indemnify MangooFX for any cost, damage or expenses (including lawyer fees) resulting from unlawful use of the Service.

8.4 — Limitation of liability
MangooFX cannot be held responsible for indirect or intangible damages suffered by the User, such as loss of turnover, loss of opportunity, commercial trouble, damage to the image or data, related to the use or impossibility of using the Service.For proven direct damages, the possible liability of MangoofX is in any event limited to the total amount actually paid by the User during the twelve (12) months preceding the Made generator.

8.5 — Force majeure and maintenance
MangooFX cannot be held responsible for a breach due to a case of force majeure or any event beyond its reasonable control (network outage, cyber attack, fire, strike, strike, pandemic, pandemic, administrative decision, etc.). Planned interruptions for maintenance or updates may also occur without engaging the responsibility of MangoOFX.

8.6 — Lack of legal relationship with third party platforms
MangooFX is an independent service that is not affiliated with YouTube or Google. MangooFX cannot be held liable in case of modification of the policies or algorithms of third party platforms affecting the use or visibility of the thumbnails generated.

By using the Service, the User expressly accepts these limitations and exemptions from liability.

10.1 — Reasons for suspension or deletion
MangooFX may, at its sole discretion, temporarily suspend or permanently delete a User's Account, without notice, in the following situations: serious or repeated violation of these T&Cs, or any applicable law; fraudulent, illegal, malicious use or use likely to harm MangooFX, other Users or third parties; attempts to circumvent technical measures (robots, scripts, abusive anonymization, etc.) ; non-payment of amounts due after reminder remained without effect.

10.2 — Procedure
Suspension or removal takes effect immediately. MangooFX will then send an informative email to the address associated with the Account to: specify the reason; indicate, if applicable, the possible steps for reactivation.

10.3 — Consequences
‍Access to the Account, thumbnails, and history is blocked. The remaining Tokens are definitively lost and do not give rise to any refund, except for mandatory legal provisions. The licenses granted to MangoofX on the content already generated remain valid.

10.4 — Reactivation request
The User may request the lifting of the suspension by writing to support@mangoofx.com and by providing any evidence justifying the regularization of the situation. MangooFX is under no obligation to accept this request.

10.5 — Effects on data
MangooFX keeps the data associated with the Account for the necessary legal period (accounting obligations, dispute prevention). Beyond these deadlines, the data is deleted or anonymized in accordance with the Privacy Policy. In the event of permanent deletion, the User will not be able to claim any compensation or compensation other than those provided for by law.

MangooFX reserves the right to modify, update or supplement these Terms of Use at any time, in order to: adapt the Service to technical, legal or commercial developments; to integrate new functionalities or to adjust existing terms and conditions; to comply with any legal or regulatory requirement.

‍11.1 — User Information
Any substantial modification will be notified: by email, sent to the address associated with the Account; and/or by displaying a banner or a dedicated message when connecting to the Site.

‍11.2 — Taking effect
Unless otherwise specified, the new T&Cs come into force fourteen (14) days after they are put online. The date of the last update appears at the header of the document.

11.3 — Acceptance or refusal
Continued use: connecting or using the Service after the notice period implies unreserved acceptance of the new T&Cs. Right to refuse : if the User refuses the changes, he must stop using the Service and may request the deletion of his Account by email to support@mangoofx.com prior to the effective date.

‍11.4 — Archiving
Successive versions of the CGU are archived by MangooFX. The User can obtain the previous version applicable to his registration date by simple written request sent to the support. By continuing to use the Site, the User acknowledges having taken note of the changes made and accepts the ToU as amended.

12.1 — Applicable law
These T&Cs, as well as all contractual relationships between MangooFX and the User, are governed by and interpreted in accordance with French law, subject to any mandatory rules applicable in the consumer's country of residence.

‍12.2 — Seeking an amicable solution
Before any litigation, the User undertakes to send his complaint in writing to support@mangoofx.com, setting out the facts and requests precisely. MangooFX will respond, as far as possible, within thirty (30) calendar days in order to find an amicable solution.

‍12.3 — Mediation (for consumers)
In accordance with articles L.612-1 and following of the Consumer Code, after a prior written procedure that has remained unsuccessful, the consumer User may have recourse to a consumer mediator free of charge.
MangooFX adheres to the mediation service CNPM — Consumer Mediation (www.cnpm-mediation-consummation.eu). The consumer can also file a complaint on the European platform for online dispute resolution (RLL): https://ec.europa.eu/consumers/odr

‍12.4 — Competent court
In the absence of an amicable agreement or mediation, any dispute will be carried in front of courts with material jurisdiction in Bordeaux, unless there is a mandatory legal provision providing for a different attribution, in particular for consumers residing outside France.

‍12.5 — Contractual language
These ToU are written in French; in case of translation, only the French version is authentic.