CGU

1. Legal information
‍The application Brother Castor is published by the company GABEM Studio, a sole proprietorship registered with the RCS under the number SIREN 989 769 047, whose head office is located in France.
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Publishing director : Melissa PESTEL
Contact : hello@gabem.fr

‍2. Purpose
‍The purpose of these General Terms of Use (CGU) is to define the terms of access and use of the mobile application. Brother Castor (the Application). The Application makes it possible to automatically generate personalized stories for children, according to the parameters chosen by the user.

Access to the Application implies full, complete and unreserved acceptance of these Terms by any user.

‍3. Conditions of access and use of the services
‍Use of the Application Brother Castor is personal and strictly intended for non-commercial use. As such, users undertake not to use the Application for commercial, political, advertising purposes or for any form of commercial solicitation.
Access to the services is only possible from a compatible smartphone and/or tablet, after downloading and installing the Application in advance.
The use of the Application requires an Internet connection. It is specified that this connection is not provided by GABEM Studio; it is therefore up to the User to first subscribe to an adapted Internet or mobile Internet offer. A 3G or higher mobile connection is highly recommended.
All costs relating to the equipment (hardware, software, Internet subscription) necessary to access the service remain the sole responsibility of the User, who is solely responsible for the proper functioning of his hardware and his connection.

‍4. Description of servicesThe services of the Application Brother Castor allow the user to create personalized stories through several options:
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‍Free offer : limited access to the generation of one (1) simple story, without companions or specific interactions.
‍Monthly subscription : unlimited access to rich features (companions, interactions, audio narration, exclusive worlds, etc.) via an automatically renewing subscription.The application automatically generates illustrated content and narrative text based on the user's responses to the chosen settings.The stories created can be stored and remain accessible to the user, including after deactivating their subscription or account, unless expressly deleted by the user.

‍5. Right of withdrawal
‍In accordance with article L221-28 of the Consumer Code, the user expressly acknowledges that the right of withdrawal cannot be exercised for digital content provided on an intangible medium when the execution has begun with his express prior agreement and his express renunciation of his right of withdrawal.
Thus, by taking out a subscription and immediately accessing the paid functionalities of the Application, the user accepts that the execution of the contract begins without delay and renounces his right of withdrawal.

‍6. Content creation via artificial intelligence
‍Stories are generated automatically by artificial intelligence based on parameters set by the user.
GABEM Studio makes every effort to ensure the quality and relevance of the stories generated, in particular through automatic moderation and filtering mechanisms. However, the user acknowledges that GABEM Studio cannot guarantee the total absence of inappropriate or unexpected content and cannot be held responsible for the content generated, which remains dependent on the autonomous functioning of the algorithm used.
The user undertakes to exercise discretion in the use of the service, especially when it comes to content intended for young children.
In the event of a report, a contact device is available via the address mentioned in article 1.

‍7. Intellectual property
‍All the elements present in the Application (illustrations, texts, interfaces, interfaces, graphics, graphics, graphics, graphics, graphics, sounds, sounds, sounds, animations, technologies, etc.) are the exclusive property of GABEM Studio or its contractual partners and are protected by the laws in force. The user has a right of personal, limited, non-exclusive and non-transferable use of the Application.
Unauthorized commercial reproduction, distribution, modification, or exploitation is prohibited.User-generated stories may be recorded or shared for purposes strictly personal and non-commercial.

‍8. Personal data
‍GABEM Studio collects and processes certain personal data as part of the use of the Application, in accordance with applicable legislation and the RGPD.
The complete conditions for processing, storing, securing and exercising user rights are detailed in the [Privacy Policy].

‍9. Responsibilities
‍GABEM Studio declines all responsibility:
- in case of non-compliant or misused use of the Application;
- in case of impossibility of temporary or permanent access to the service;
- in the event of an error, omission, interruption, deletion or technical failure beyond its control; in the event of - automatically generated content considered to be unsuitable or incorrect;
- in the event of indirect or intangible damage, loss of opportunity, use, data or exploitation; in case of intrusion, virus or malfunction related to an insecure technical environment;
- in case of incompatibility between the Application and certain user equipment or systems;
- in the event of force majeure within the meaning of French law and case law (natural disaster, strike, war, network failure, etc.).
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The user is solely responsible for the use he makes of the Application and the relevance of the Application to his needs. In particular, it is up to him to protect his equipment against any form of intrusion or contamination.
While GABEM Studio ensures that stories are tailored to a young audience, the adult user remains fully responsible for the information entered when customizing stories. It is up to him to ensure that the content generated is appropriate for the recipient child.

‍9.1. User behavior and moderation
‍The user undertakes not to generate content:
- unlawful, offensive, hateful, defamatory, defamatory, defamatory, discriminatory, sexual, violent or contrary to morality;
- infringing third parties, privacy, copyright, image or reputation;
- inciting hatred, suicide, violence, violence, terrorism, racism, antisemitism, or any form of discrimination.
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GABEM Studio reserves the right to suspend or delete any account or content that does not comply with these rules, without notice or compensation.
A reporting system is available to users to alert the team in case of inappropriate content.

‍10. Brand ownership and lack of affiliation
‍The name Brother Castor is an original creation by GABEM Studio. It is not subject to any explicit or implicit affiliation, approval, authorization, authorization, license, or support from trademark rights holders. Father Castor or their dependants.

‍10.1. Availability and evolution of services
‍The services offered via the Application Brother Castor are in principle accessible 24 hours a day, 7 days a week, subject to the technical constraints and access conditions provided for in these T&Cs.
However, GABEM Studio reserves the right, without notice or compensation, to temporarily suspend all or part of the Application's services, in particular:
- to carry out technical updates or functional improvements;
- for planned or urgent maintenance operations;
- in case of force majeure or security need.
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GABEM Studio will endeavour, as far as possible, to inform users of scheduled interruptions at least 24 hours in advance via a notification in the Application.
The user acknowledges that these interruptions may occur and releases GABEM Studio from any responsibility in this regard, waiving any claim or procedure related to the temporary unavailability of the services.
Any resemblance to existing brands, characters or works is strictly fortuitous and should in no way imply any association or desire for confusion.
GABEM Studio declares that it does not claim any rights to trademarks belonging to third parties, and is committed to respecting their intellectual property rights.

‍11. Duration — Termination — Modification
‍The CGU apply throughout the duration of use of the Application. GABEM Studio reserves the right to modify these Terms of Use at any time, the applicable version being the one in force on the date of the last update.
The user is invited to regularly consult the CGU.GABEM Studio reserves the right to immediately suspend or terminate, without notice or compensation, access to the Application or the subscription of any user in the event of:
- non-compliance with these T&Cs;
- illicit or fraudulent behavior;
- non-payment or circumvention of access restrictions;
- clear violation of the law or the rights of third parties.
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The user can also cancel their subscription at any time from the account management interface. In the event of termination or expiration, access to paid features is maintained until the end of the current period, but not renewed. The user maintains access to their library of generated stories.
No refunds will be made for the current period.

‍12. Applicable law and competent jurisdiction
‍These CGU are governed by French law. Any dispute relating to their interpretation or execution will be submitted to the competent courts under the jurisdiction of the Nice Court of Appeal, unless otherwise required.

‍Thank you for using Brother Castor — and for bringing children's imaginations to life safely.