TERMS OF SERVICE FOR THE “BLOW UP” APPLICATION

Last Updated: December 9, 2024

1. Overview

These Terms of Service (hereinafter referred to as “Terms”) are intended to define the terms and conditions for accessing and using the “Blow Up” application (hereinafter referred to as the “Application”) published by Enzo Dijoux, Enzo Dijoux Company, registered with the Blois Trade and Companies Register under number 883082885, whose registered office is located at 32 rue des Charmilles, 41350 Saint Gervais la Forêt, and reachable at the email address contact@blowup-app.com (hereinafter referred to as the “Publisher”).

By downloading, installing, or using the Application, the user (hereinafter referred to as the “User”) unconditionally accepts these Terms. If the User does not accept these Terms, they are requested not to use the Application.

2. Our Role

The Application allows Users to connect their social media accounts (TikTok, Instagram, YouTube, and Facebook) to automatically publish content on multiple platforms simultaneously. The process is as follows:

• The User selects a primary platform on which they generally publish their content.

• The User then selects other social networks on which they want the content to be automatically reposted.

• When they publish on their primary network either through their account or the Application’s interface, the content is automatically published on the other connected accounts.

By accessing the Application, you acknowledge and agree that:

• We do not act as an agent, proxy, or representative for anyone.

• We are not responsible for how other Users use the Application or for their content.

3. Registration and Access to the Platform

To fully access the Platform, you must create an account (the “Account”) by providing complete, accurate, and up-to-date identification information (e.g., valid email address, connected social media credentials, password). The information provided must be updated in case of changes.

By creating an Account, you are responsible for the confidentiality of your credentials and for any activity performed through your Account. If you suspect unauthorized access, please contact us immediately.

By using the Application, you represent and warrant that:

• You have the legal capacity to enter into this Agreement (if you are a minor, you must have parental or legal guardian authorization).

• You understand that we have no control over the conduct of other Users.

• You will comply with applicable laws and regulations, as well as all our policies.

• We reserve the right to refuse access to the Account or the Application to anyone, at any time, without notice or justification.

• By connecting your third-party accounts (e.g., YouTube), you also agree to the service terms of those platforms (e.g., YouTube’s Terms of Service).

By creating an Account, you also agree that we may occasionally send you notifications, emails, or messages. You can choose to stop receiving them, but this may affect your use of the Application.

4. Use of the Platform

By using the Application, you agree to:

• Use it solely for lawful purposes.

• Not compromise the security, integrity, or performance of the Application (e.g., by introducing viruses, malware, etc.).

• Not create accounts by unauthorized means (bots, scripts, etc.).

• Not restrict or attempt to restrict another User’s access to the Application.

• Not encourage or facilitate the violation of the Terms.

• Not distribute spam, chain letters, or pyramid schemes.

• Not collect data on other Users without their consent.

• Not infringe on others’ privacy, nor harass, threaten, discriminate against, or act violently towards other Users.

• Not infringe upon third-party intellectual property rights or contractual rights.

5. User Content

The Application may allow the creation, generation, or transmission of content by Users (“User Content”). We are not required to monitor or verify this Content. You are solely responsible for the Content you publish, share, or obtain through the Application.

You represent and warrant that:

• You hold the necessary rights to your User Content.

• The publication of your Content does not infringe upon third-party rights (copyright, neighboring rights, trademarks, etc.).

• Your User Content does not violate any laws, nor is it defamatory, obscene, offensive, or contrary to morals.

Opinions expressed in User Content are those of their authors. We disclaim any responsibility for such Content. You may report any issues, offensive content, or abuse of the Application.

6. Subscriptions and Business Models

The Application may offer subscription plans (features, durations, pricing, etc.) presented within the Application or on the associated website. Prices may be listed in US dollars or automatically converted. We reserve the right to modify prices with reasonable notice.

Subscription fees are non-refundable, except as required by law or in exceptional cases outlined in the Terms. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.

7. Payment Terms

Depending on where you subscribe (website, App Store, Google Play), payments may be processed via third-party providers (e.g., Stripe, Apple, Google). By using these services, you agree to their terms of use. We are not responsible for payment errors but will take necessary steps to correct them if we become aware of them.

8. Intellectual Property Rights

We own or are licensed to all intellectual property rights related to the Application and its content (texts, graphics, logos, software, etc.). Nothing in these Terms transfers any intellectual property rights to you.

You may view the Application and print or copy elements for your personal, non-commercial use only. Any other use (reproduction, distribution, modification, etc.) is strictly prohibited without prior written permission.

9. Use of Names and Trademarks

If you are a business, you authorize us to use your name, logo, and/or social media handle on our website, app, or social networks to promote the Application. If you are an individual, we will seek your prior consent to use your name or pseudonym for promotional purposes.

10. Links to Third Parties

The Application may contain links to third-party websites or applications. We have no control over these sites, are not responsible for their content, and disclaim any liability for the information or services they offer. Your use of these external resources is at your own risk.

11. Disclaimer of Warranties

To the extent permitted by law:

• The Application is provided “as is” without any warranty of performance, availability, or absence of errors.

• We do not guarantee that the Application will meet your specific expectations or objectives.

• We may modify, suspend, or discontinue the Application at any time without incurring any liability.

12. Limitation of Liability

Within the limits permitted by law, we cannot be held liable for any direct or indirect losses or damages (including data loss, reputation loss, opportunity loss) resulting from:

• Your use or inability to use the Application.

• Any User Content.

• Any interaction with other Users.

• Any User’s violation of these Terms or the law.

13. Personal Data Protection

We collect, use, and disclose your personal data in accordance with our Privacy Policy. By using the Application, you agree to these practices. Please refer to our Privacy Policy for more information.

14. Indemnification

You agree to indemnify us against any damages, losses, claims, or expenses (including attorney fees) arising from your use of the Application, your User Content, your violation of the Terms, or third-party rights.

15. Termination

We reserve the right to cease operating the Application or suspend your access without notice in case of non-compliance with the Terms. You will then no longer have access to your Account or User Content, and we will not be liable to you or third parties.

16. Dispute Resolution

In case of a dispute, the parties will strive to find an amicable solution. If no agreement is reached, the competent courts will be those of the seller’s domicile or the consumer’s domicile, in accordance with the provisions of Article L. 211-4 of the French Consumer Code, unless otherwise required by mandatory law.

17. Waiver and Severability

No waiver of any right or remedy provided by these Terms constitutes a waiver for the future. If any provision is found to be unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in effect.

18. Governing Law

These Terms are governed by French law. Any dispute will be submitted to the competent courts of that country.

19. Feedback and Contact

Your feedback is important to us. You can send your comments, suggestions, or reports to contact@blowup-app.com. We will review your remarks and, if necessary, take appropriate measures.