Terms of Service

These are the Terms of Service (the "Terms") for TIMEPILOT SAS, a company incorporated under the laws of France with company number 924920226 and its registered office at 7 Place de l'Hôtel de Ville, 93600 Aulnay-sous-Bois, France (hereafter "TIMEPILOT," "we," or "us").

By downloading, installing, or using the CineQuizz game (the "Game"), you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Game.

1. Access to the Game

1.1 Eligibility

By accessing and using the Game, you represent and warrant that:

• You are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a "terrorist-supporting" country, and you are not listed on any US Government list of prohibited or restricted parties.
• The information you provide is accurate, complete, and up-to-date. You agree to update this information as necessary.
• You have not previously been banned or blocked from using the Game or any Platform.
• If you download the Game from a Platform, you must have a valid account with that Platform.

1.2 Authorized Use

You agree not to:

• Copy, sublicense, lease, license, loan, sell, trade, or otherwise exploit the Game.
• Use the Game for any illegal activities or in any manner prohibited by these Terms.
• Use the Game to disseminate any materials or information that are obscene, violent, threatening, defamatory, discriminatory, or otherwise offensive, in TIMEPILOT's sole discretion.
• Use the Game to disseminate any materials or information that may infringe or could infringe on any intellectual property rights, including those of TIMEPILOT.

1.3 Minimum Age Requirement

To play CineQuizz, you must meet the following minimum age requirements based on your country of residence:

• 16 years: European Union
• 15 years: Finland, Korea
• 14 years: Austria, Brazil
• 13 years: United States
• 12 years: All other countries

2. Acceptance of these Terms

If you have a Platform Account and download CineQuizz from a Platform, or if you participate in a Game via browser, site, or any other platform, you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, play, and/or otherwise participate in a Game, as it is prohibited without accepting the Terms. You acknowledge that these Terms:

• Apply from the date on which you first download one of our Games
• Apply to your use of CineQuizz and to all Virtual Items
• Form a legally binding contract between you and TIMEPILOT, not with any Platform provider

TIMEPILOT is solely responsible to you for the Games and their content, not the Platform provider. TIMEPILOT may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Games. Your continued use of the Games is deemed as an indication of your acceptance of such changes in the Terms.

3. Privacy Policy ("PP")

The information, including personal data, that we collect about you and the ways in which we use it are covered in our Privacy Policy ("PP"), which can be found here on our website and where you can download CineQuizz.

4. Special Terms

The Platform provider's terms and conditions also apply to your use of CineQuizz. If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform. In addition to the Platform Terms, further special terms and conditions also apply to your use of CineQuizz, depending on how you access them. From time to time, we, or one of our business partners or another third party, may operate a competition or promotion that is subject to additional further terms. Each of these are "Special Terms." If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.

5. Grant of a License

In consideration of your agreement to be bound by these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to access and use our Services for your personal, non-commercial entertainment purposes. You must not attempt to hack or otherwise gain unauthorized access to any part of the Service.

TIMEPILOT owns (or has a license to use) all rights, title, and interest, including, without limitation, any intellectual property rights in and to the Service (including all copyrights in the underlying software code, visual artwork, graphics, musical composition, audio-visual effects, and all trademark rights in the Service's titles, but excluding any User Content).

By using our Services under license, you do not acquire any intellectual property rights in our Services.

6. User Content

Any data, text, graphics, photographs, and other materials uploaded to or otherwise made available in the Service by you or other users (the "User Content") are the sole responsibility of the person from whom such User Content originated. TIMEPILOT does not guarantee the accuracy, quality, or integrity of any User Content posted via the Service. You agree that TIMEPILOT will not be liable for any User Content, including but not limited to errors in any User Content or any loss or damage incurred by the use of the User Content.

You represent and warrant that the User Content you transmit or submit is original to you and that you exclusively own all rights, title, and interest, including without limitation intellectual property rights, to such content, including the right to grant all rights and licenses in these Terms without TIMEPILOT incurring any third-party obligations or liability arising out of its exercise of such rights and licenses.

By submitting User Content, you grant TIMEPILOT a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, and royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit the User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content. The User Content is not confidential and will not be returned to the user.

You agree not to upload, post, or transmit any User Content that is unlawful, infringing, defamatory, offensive, harmful, or otherwise violates any applicable laws or the rights of third parties. TIMEPILOT reserves the right, at its sole discretion, to remove, block, or modify any User Content that it deems violates these Terms or is otherwise harmful to the Service or other users.

You acknowledge that User Content shared through the Service may be accessible to third-party platforms, such as social media, in accordance with their own terms and privacy policies. TIMEPILOT is not responsible for third-party actions related to your User Content once shared with such platforms.

Notwithstanding the license above, and only in relation to profile pictures, you grant TIMEPILOT a non-exclusive, transferable, royalty-free, global license to use your profile picture in accordance with applicable data protection legislation and as further set out in the Privacy Policy, provided the profile picture is of a person. The license will cease if you remove your profile picture. TIMEPILOT will not use your profile picture in marketing unless prior approval has been obtained from the person depicted in the picture.

You are solely responsible for backing up your User Content. TIMEPILOT will not be liable for any loss, destruction, or failure to retrieve any User Content.

Upon termination of your account or removal of your User Content, the rights granted to TIMEPILOT regarding such User Content will cease, except where such rights are necessary to comply with legal obligations or for the continued processing of prior User Content.

TIMEPILOT reserves the right, at its sole discretion, to monitor, modify, or remove any User Content that violates these Terms or is otherwise deemed undesirable, without prior notice to you.

7. Subscription

7.1 Subscription Model

CineQuizz+ is an optional subscription designed for users who wish to support the game. It provides additional benefits but is not required to access the core gameplay experience. By subscribing, you agree to pay the applicable monthly fee for these extra features.

7.2 Payment and Renewal

Payments for subscriptions are processed through the applicable platform provider (e.g., Apple, Google, or other relevant third-party services). Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You authorize TIMEPILOT to charge your payment method for the subscription fee unless you cancel in accordance with the cancellation policy.

7.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period, and you will retain access to the Service until then. TIMEPILOT does not provide refunds or credits for partial subscription periods unless required by applicable law.

7.4 Changes to Subscription Fees

TIMEPILOT reserves the right to modify subscription fees at any time. Changes to fees will take effect at the start of the next billing cycle after providing reasonable notice to affected users.

7.5 Payment Methods

Accepted payment methods are determined by the relevant platform provider (e.g., Apple, Google, or other payment processors). You are responsible for ensuring that your payment details are up to date.

8. Errors and Availability

TIMEPILOT uses reasonable efforts to ensure that errors and service interruptions do not occur. However, TIMEPILOT makes no guarantees regarding the continuous or error-free operation of the Service, and service availability may be subject to occasional outages or maintenance periods.

1. Error Correction: TIMEPILOT reserves the right to correct any obvious errors, including but not limited to pricing mistakes or technical faults affecting access to the Service. If such errors occur, TIMEPILOT will make reasonable efforts to rectify them promptly.

2. Pricing and Availability Errors: In the event of a pricing or service availability error, TIMEPILOT will notify affected users as soon as reasonably possible and provide options for resolution. These options may include, but are not limited to, the ability to continue at the correct price or receive a refund, if applicable. TIMEPILOT reserves the right to adjust the pricing or availability of the Service as necessary, without prior notice.

3. Termination and Suspension: TIMEPILOT reserves the right to suspend or terminate your subscription or access to the Service if you violate these Terms, engage in fraudulent or abusive behavior, or engage in conduct that disrupts the proper functioning of the Service. In such cases, TIMEPILOT is not obligated to provide a refund for any remaining subscription period or for any part of the Service already accessed.

4. Waiver of Withdrawal Right: By subscribing to the Service, you acknowledge that you lose the right to withdraw from your purchase once the subscription period begins. This waiver of withdrawal right applies in accordance with applicable laws governing digital services and subscriptions.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

9. What is not Excluded or Limited

None of the exclusions or limitations in these Terms shall exclude or restrict TIMEPILOT's liability for death or personal injury caused by its negligence, fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable mandatory law. Nothing in these Terms will affect your statutory rights as a consumer.

10. Implied Terms

The express provisions of these Terms are in place of, and hereby disclaim, all warranties, conditions, terms, undertakings, and obligations which, but for these Terms, would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing, or otherwise. All such implied terms are excluded to the fullest extent permitted by law.

11. Disclaimer of Warranties

TIMEPILOT provides the Game to you on an "as is" basis. TIMEPILOT does not warrant that access to CineQuizz will be uninterrupted, reliable, or fault-free. TIMEPILOT does not warrant that CineQuizz will be accurate, complete, or reliable. While TIMEPILOT uses reasonable efforts to ensure the Games are available to you 24 hours a day, TIMEPILOT will not be liable to you if for any reason CineQuizz is unavailable at any time or for any period. Access to CineQuizz may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond TIMEPILOT's control.

TIMEPILOT may also need to modify or maintain any of its apps at any time. If this need arises, TIMEPILOT may suspend access to CineQuizz or any part of it or close it indefinitely. If CineQuizz has been downloaded from a Platform, you and TIMEPILOT acknowledge that the Platform provider has no obligation whatsoever to provide you with any support or maintenance services in relation to any of our Games.

You acknowledge that TIMEPILOT, and not the Platform provider, is responsible for addressing any product liability claims, any failure to comply with regulatory or legal requirements, or claims relating to consumer protection or similar legislation.

12. Exclusions of Liability

Subject to paragraph 16 and the limitation of liability in paragraph 20, TIMEPILOT will be liable to you for any direct loss you suffer as a result of TIMEPILOT breaching its obligations under these Terms if such losses were reasonably foreseeable to both parties when you commenced playing CineQuizz. Otherwise, to the extent permitted by law, TIMEPILOT excludes:

1. Liability Exclusions: TIMEPILOT will not be liable for any: (i) Technical, factual, textual, or typographical inaccuracies, errors, or omissions (whether human or computer-generated) on or relating to CineQuizz or any information provided in relation to it (ii) The unavailability of CineQuizz (or any part of it) (iii) Any misrepresentation on or relating to CineQuizz

2. Indirect or Consequential Loss: TIMEPILOT excludes any liability for direct, indirect, or consequential loss or damage incurred by you or anyone else in connection with CineQuizz, including, but not limited to: (i) Loss of content or data (ii) Loss or damage caused by viruses, bugs, or other harmful technological materials that may infect your equipment or proprietary materials due to your use of CineQuizz or any content uploaded or downloaded through it (iii) Loss of goodwill (iv) Any loss incurred as a result of legal claims or regulatory actions arising from players using CineQuizz to infringe third-party intellectual property or breach applicable law (v) Any actions or conduct of any player on CineQuizz (vi) Any other loss or damage of any kind, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable

3. Loss from Unauthorized Account Use: TIMEPILOT is not liable for any loss or damage you may incur as a result of someone else using your identity, log-in details, password, or account, with or without your knowledge, including if a device used to activate your account is stolen.

4. Data Loss: In the event of any loss or damage to content (including data), your sole remedy shall be for TIMEPILOT to use its reasonable efforts to restore the lost or damaged data or content from the latest back-up maintained by TIMEPILOT. However, TIMEPILOT will not be responsible for any loss of data that occurs before it can be backed up or restored.

5. Third-Party Services: TIMEPILOT is not liable for any third-party services, content, or websites linked to or from CineQuizz. You use such links at your own risk.

13. Limitation of Liability

Notwithstanding any of the foregoing provisions and subject to paragraph 15, TIMEPILOT's maximum liability to you in respect of your use of CineQuizz shall be limited to the amount of any fees paid by you to TIMEPILOT during the 3-month period preceding the date on which the act or omission causing the liability arose.

14. Reasonableness

You agree that each of these exclusions, disclaimers, and limitations is reasonable, considering the nature of CineQuizz. Each of the above exclusions, disclaimers, or limitations shall be construed as a separate and severable provision of our contract with you.

THIRD PARTIES AND ADVERTISING

15. Third Party Advertising

TIMEPILOT may generate revenue from your playing of CineQuizz by advertising goods and/or services of third parties, including:

• Serving ads that you may see and respond to while using the Game
• Offering you the opportunity to 'earn' rewards for use within the Games if you engage with third-party advertising in a pre-defined manner

16. Third Party Links

Certain links, including hypertext links, from CineQuizz and any social networking platform you are using may redirect you to external websites that are not part of the game or platform. This does not imply any endorsement by TIMEPILOT of the linked site, its operator, or its content. You acknowledge that TIMEPILOT does not control the content on these external websites and does not guarantee the accuracy, integrity, or quality of such content. These external sites may be governed by their own terms, privacy policies, and cookie policies, which it is your responsibility to review.

GENERAL

17. Termination or Suspension of your Account

TIMEPILOT may, at its absolute discretion, and with immediate effect, for any reason:

1. Terminate or suspend your access to the Game (in which case we may share your name and email address and notify third parties, including Platform providers); or
2. Verify your information by requesting certain documents and refuse your access to play CineQuizz if we believe there is a valid reason to do so.

18. Dealings in Rights and Obligations

TIMEPILOT may assign its rights and/or transfer its obligations under these Terms to any third party, including the ability to sub-license and/or sub-contract its rights and obligations under these Terms to any third party.

19. Severability

If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable under any enactment or rule of law, then that provision or part thereof shall, to that extent, be deemed not to form part of these Terms. The enforceability and validity of the remainder of these Terms shall not be affected.

20. Entire Agreement

These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply), other than the Special Terms described in paragraph 4. You shall not be entitled to rely on any agreement, understanding, or arrangement that is not expressly set forth in these Terms.

21. Third Parties

You and TIMEPILOT acknowledge that if the Game was purchased through a Platform, such as the Apple Store, such Platform provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you to the extent permitted by applicable law.

22. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with substantive French law, unless another country's law applies due to applicable mandatory consumer legislation. Any disputes arising out of or in connection with these Terms shall be settled by the French courts, with the Tribunal Judiciaire (TJ) as the court of first instance. A consumer, however, may also have the right to file a claim in the court where he or she lives. Notwithstanding the foregoing, in case of a dispute, you also have the option to contact the National Board for Consumer Complaints.

23. Complaint and Disputes

Please contact us immediately using our contact details at paragraph 31 below if you:

• Have any questions, complaints, claims, or concerns about content which appears in CineQuizz, in relation to TIMEPILOT generally; or
• Believe that any act or omission by TIMEPILOT or one of our players is in breach of applicable law.

TIMEPILOT will then consider your concerns and decide whether to take action and whether or not any other player has, in TIMEPILOT's opinion, breached any of these Terms. TIMEPILOT will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the Game. The right to complain of a defect in CineQuizz ends after three years.

24. Our contact details

If at any time you would like to contact TIMEPILOT about your views on these Terms please send an email to us at contact@timepilot.co or write to us at TIMEPILOT SAS 7 PLACE DE L'HOTEL DE VILLE 93600 AULNAY-SOUS-BOIS.