Terms of Service

ARTICLE 1 – Acceptance of Terms

1.1 This agreement (hereinafter referred to as "Terms of Use") sets forth the terms and conditions that govern your access and use of the Gorillias Genius application and website.

1.2 These Terms of Use constitute a binding agreement between you and SAS GORILLIAS. By using the Services, you declare that you are of legal age, or at least 16 years old and that you have reviewed this agreement with a parent or legal guardian who accepts these Terms of Use on your behalf and assumes full responsibility for your compliance with them. You acknowledge that you and/or the parent or legal guardian possess the full capacity and competence necessary to comply with the Terms of Use, accept the provisions, conditions, obligations, make representations, and assume all responsibilities outlined in these Terms of Use.

Your use of any or all of the Services or content available on the application (the "Content") constitutes your full acceptance of the Terms of Use. In addition to these Terms of Use, by using certain Services, you will be subject to guidelines or rules applicable to those Services. All such guidelines or regulations are incorporated by reference into these Terms of Use.

1.3 SAS GORILLIAS reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use. In the event of a modification, a notice will be posted on the page https://www.gorillias.app/cgu to notify you of any new provisions or conditions governing your use of the Services. Any updates will become effective thirty (30) days after the modification notice is posted, and the Terms of Use for new Services will take effect upon their publication on the page https://www.gorillias.app/cgu. If you do not agree to the modifications, you must stop using the Services and close your account. Any continued use of the Services following changes to these Terms of Use will constitute acceptance of those changes.

ARTICLE 2 – Account

2.1 The use of the application requires an account. If you do not have an account, you can create one on the application. To create an account, you must provide truthful information requested by the account creation form, such as your first name, last name, email address, or any other information that may personally identify you or allow us to contact you online or by other means.

2.2 To create an account, you must be at least 16 years old or have created your account with a parent or legal guardian who accepts this account creation on your behalf and assumes full responsibility for this creation and all information provided as a result of creating the account.

2.3 The information provided must be accurate and up to date at all times. SAS GORILLIAS reserves the right to conduct checks to verify the accuracy of the information you have provided, and you agree to provide SAS GORILLIAS with all necessary evidence to verify the authenticity of the information submitted.

2.4 You are solely responsible for the security of your account. You must not disclose your account password to any third party. You are solely responsible for maintaining the confidentiality of your account credentials and passwords, which are strictly personal to you, and you agree to take all necessary measures to ensure this confidentiality, including regularly changing your password.

2.5 Any use of the password is presumed to be made in your name. You agree to change your password immediately in the event of voluntary or involuntary disclosure to third parties or in the case of loss or forgetfulness.

2.6 You are solely responsible for the use of your password until a change is requested. SAS GORILLIAS cannot be held liable for any fraudulent or abusive use resulting from voluntary or involuntary disclosure to anyone of your login credentials and/or passwords.

2.7 SAS GORILLIAS will never ask you to disclose your password and will never initiate contact to request any element that could determine your password.

2.8 Respect for your privacy is a constant concern. Please carefully read SAS GORILLIAS's Privacy Policy regarding the collection and use of your personal information by SAS GORILLIAS. The SAS GORILLIAS Privacy Policy can be viewed at https://www.gorillias.app/policies.

ARTICLE 3 – Termination of Services and Account Closure

3.1 SAS GORILLIAS may terminate access to any Service at any time by providing notice within the timeframe specified during your registration for the relevant Service or, if no such timeframe is specified, thirty (30) days after notice is posted on the relevant Service.

3.2 SAS GORILLIAS may suspend access to your account(s) for violations of these Terms of Use or if you use the Application, Content, or SAS GORILLIAS's intellectual property illegally or improperly, without compensation and without notice until the cause of the suspension is resolved, or it may close your account based on the severity of the breach and terminate access to all associated Content and Services. You may lose your User name(s) and avatar(s) due to the account termination. If you have more than one (1) account, SAS GORILLIAS may close all your accounts. In case of violation of these Terms of Use or any other agreement applicable to the Services you access, SAS GORILLIAS may issue a warning, suspend your account, delete, revoke, or seize certain Content associated with said accounts. If SAS GORILLIAS terminates your account, you may not access the application or website again without SAS GORILLIAS's express authorization. You must not allow individuals whose accounts have been terminated by SAS GORILLIAS to use your account.

3.3 You may terminate your account on the application at any time. If you do not accept the terms of these Terms of Use, your only remedy is to stop using the Services and terminate your account.

3.4 Upon account termination, you must immediately cease all use of the application and destroy any related documentation on any medium.

You acknowledge that SAS GORILLIAS cannot be held responsible to you or third parties for the consequences of the closure or suspension of your customer account.

In the event of account termination or suspension, no refund will be granted, and you will no longer have access to your account or the Content associated with your account. This deletion, whether at your initiative or that of SAS GORILLIAS, results in the deletion of all information related to your customer account, without you being able to claim any damages as a result.

If you believe that measures have been taken against your account or device by mistake, please contact SAS GORILLIAS Support at https://www.gorillias.io or by email at contact@gorillias.io.

SAS GORILLIAS reserves the right to recover fees, supplements, and charges incurred before the termination of your account. Additionally, you are responsible for settling any amounts owed to SAS GORILLIAS prior to termination.

ARTICLE 4 – Content

"Content" refers to any software, technology, text, message, link, email, music, sound, graphic, image, video, code, and any other audiovisual or other content appearing on the application, as well as the design and appearance of our websites. Content includes User-Generated Content. Content may be provided by you or third parties, including other users of the Services (hereinafter referred to as "User-Generated Content"). The Content and Services are intended for personal use only; any commercial use is prohibited.

ARTICLE 5 – Availability of Content and Services

Content may only be purchased or acquired from SAS GORILLIAS or an authorized reseller. SAS GORILLIAS reserves the right to refuse your request(s) to acquire Content, and SAS GORILLIAS reserves the right to limit or block any request to acquire Content if there is an ongoing dispute between you and SAS GORILLIAS.

ARTICLE 6: Conditions of Access and Website Security

6.1 Website access is free and open to any user with internet access. All costs related to access, whether hardware, software, or internet access fees, are your sole responsibility. You are solely responsible for the proper functioning of your computer equipment and internet access.

The website is accessible 24/7.

Due to the nature and complexity of the internet network, and in particular, its technical performance and response times for consulting, querying, or transferring information data, SAS GORILLIAS makes every effort, in accordance with industry standards, to enable access and use of the website and the services offered.

SAS GORILLIAS reserves the right, without prior notice or compensation, to temporarily close the website or restrict access to one or more services, particularly for the purpose of updating, maintenance, changes or modifications to operational methods, servers, or accessibility hours, without this list being exhaustive.

SAS GORILLIAS cannot be held responsible for the proper functioning of your computer equipment and internet access.

SAS GORILLIAS reserves the right to supplement or modify, at any time, the website and the services available therein depending on technological advancements.

It is your responsibility to ensure that your computer and communication means evolve and are adaptable to the changes made to the website.

6.2 SAS GORILLIAS acknowledges that all personal data is subject to compliance with the legal framework applicable to the security of personal data.

SAS GORILLIAS commits to taking the necessary measures to ensure the security of personal data processing, in compliance with data protection regulations.

ARTICLE 7 – Intellectual Property Rights

7.1 SAS GORILLIAS grants you a subscription-based license to use the Content and Services to which you have access solely for the purposes of limited use in accordance with the terms of this agreement and any additional contracts or documents applicable to the Services you access. The Content and all other intellectual property rights related to the Services, as well as the products and services offered through the Services, belong to SAS GORILLIAS or its licensors and are protected by French law, international copyright law, commercial dressing rights, patents, trademarks, international treaties, and other laws protecting intellectual property and related proprietary rights. You may not copy or download Content from any Service unless expressly authorized.

Similarly, trademarks, domain names, logos, designs, and other items appearing on the Services are the exclusive property of SAS GORILLIAS or its partners who have granted it a license for use within the framework of the Services.

7.2 Any reproduction or representation of the Services and/or Content, in whole or in part, in any manner or form is prohibited without prior authorization from SAS GORILLIAS and, if applicable, from its licensors and rights holders. You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notice affixed to the Content. Unless expressly authorized in these Terms of Use, you may not sell, license, distribute, copy, modify, publicly display, perform, transmit, publish, adapt, create derivative works from the Content, or use the Content in any unauthorized manner. SAS GORILLIAS holds all rights to licensed or proprietary Content, including all intellectual property, trademarks, and any other proprietary rights. The authorization to use the Content and Services, as described above, is limited by SAS GORILLIAS's intellectual property rights and excludes any other patent or intellectual property rights.

7.3 These Terms of Use do not imply the transfer of any property rights, particularly intellectual property rights, on elements belonging to SAS GORILLIAS to your benefit. You are strictly prohibited from engaging in any action or behavior that may directly or indirectly infringe upon SAS GORILLIAS's intellectual property rights.

7.4 It should be noted that the content of the website, the general structure, as well as trademarks, designs, models, animated or non-animated images, texts, photographs, logos, graphic charters, software, programs, search engines, databases, sounds, videos, domain names, design, and all other elements constituting the articles and website, or any other information included therein, without limitation, are the exclusive property of SAS GORILLIAS or its partners or third parties who have granted it a license, and are protected by intellectual property rights that are or will be recognized according to applicable laws.

7.5 Unauthorized reproduction and/or representation, in whole or in part, of any Content and/or Services is prohibited and may constitute, without limitation, counterfeiting punishable under the provisions of the Intellectual Property Code. Such actions may result in the termination of your account(s) and the prohibition of using the application, and may lead to legal actions. Similarly, other Content owners, including SAS GORILLIAS, may take civil or criminal action against you for intellectual property violations. You agree to indemnify and hold SAS GORILLIAS harmless for any unauthorized or illegal actions committed by you or through your account in connection with the use of the application.

ARTICLE 8 – Software, Utilities, and Tools

The Services may require or allow you to download software, software updates, patches, or other utilities and tools from SAS GORILLIAS to your computer, smartphone, or tablet. You acknowledge that certain updates and modifications may be necessary to continue using the Gorillias Genius software and its Services. SAS GORILLIAS grants you a limited, non-exclusive license to use the Gorillias Genius software for the sole purposes outlined by SAS GORILLIAS at the time they are made available to you. You agree that SAS GORILLIAS's use of different technologies may not be consistent across all platforms, and that the performance of the Software and related Services may vary depending on your computer and other equipment.

ARTICLE 9 – Application Updates

IMPORTANT: SAS GORILLIAS may find it necessary to update or reset certain settings for the use of the application. SAS GORILLIAS reserves the right to make these updates and disclaims any responsibility to you for such modifications.

ARTICLE 10 – General Provisions

10.1 You agree that these Terms of Use are not intended to, and do not, confer rights or remedies on any person other than the parties to these Terms of Use. You also agree that these Terms of Use, SAS GORILLIAS's Privacy Policy, and SAS GORILLIAS's implementation of these policies are not intended to, and do not, confer rights to anyone.

10.2 If any part of these Terms of Use is found to be invalid or unenforceable, that part will be interpreted in accordance with applicable law to reflect, as closely as possible, the original intentions of SAS GORILLIAS, and the remaining parts will remain in full force and effect.

10.3 The failure of SAS GORILLIAS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms of Use will only be effective if it is in writing and signed by SAS GORILLIAS.

10.4 These Terms of Use are governed by French law.

10.5 YOU EXPRESSLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND SAS GORILLIAS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS.

10.6 These Terms of Use (including SAS GORILLIAS's Privacy Policy, which is incorporated by reference) constitute the entire agreement between you and SAS GORILLIAS concerning your rights and obligations regarding the use of the Services. In the event of a conflict between these Terms of Use and any other rule or instruction posted online on a Service, SAS GORILLIAS will decide at its sole discretion. No general or specific terms and conditions of either party shall be integrated into this contractual document.

10.7 These general terms and conditions are written in French. If these terms and conditions are translated into a foreign language, the French language will prevail over any other translation in case of dispute, difficulty in interpretation or execution of these terms, or more generally concerning the relationship between SAS GORILLIAS and yourself.

10.8 For any questions, comments, or complaints regarding this agreement, the Services, or for further information about using the Services, please visit the SAS GORILLIAS website at https://www.gorillias.io or email contact@gorillias.io.