Terms and Conditions of Use

The website "apivibes.io" (https://apivibes.io) is a commercial website allowing the purchase of utility crypto tokens produced on the Polygon blockchain and linked to a smart contract holding AVTs, operated by APIVIBES, intended for use by individual consumers who access it.

ARTICLE 1 – Scope of Application - Definitions

The purpose of these Terms and Conditions of Use (hereinafter "TCU") is to define the rights and obligations of the parties in the context of using the services provided by the Website.

Access to the Website, its consultation, and use are subject to the unconditional acceptance of the following terms and conditions. The present version of the TCU is the only one applicable during the use of the Website until a new version replaces it.

Definitions:

The terms and expressions used in these TCU, whenever they begin with a capital letter, whether used in the singular or plural, and unless otherwise specified, have the following meanings:

• Account: Refers to the space allocated to the User within the Website. It is accessible using an email address and a password. It allows the User to access one or more services offered by the Website.
• Publisher: Refers to the company APIVIBES.COM.
• Influencer: An individual or entity providing digital products (photos, videos, etc.) on the APIVIBES platform, either for free or at a pre-defined price.
• KYC: Refers to the "Know Your Customer" procedure, which involves verifying the identity of Users in accordance with legal requirements and applicable regulations related to Anti-Money Laundering and Countering the Financing of Terrorism (AML-CFT).
• Services: Refers to the collection of services and features accessible to any User on the Website.
• Website: Refers to the website "https://apivibes.io".
• Token: Refers to the digital assets issued by APIVIBES SAS, with a share capital of €10,000, registered under number 934 557 620 with the Aix-en-Provence Trade and Companies Registry. It is classified as a utility token, allowing the User to access goods or services provided by its issuer.
• User: Refers to any individual authorized under the terms of these TCU to use the Services.

ARTICLE 2 - Description of Services – Access Conditions

The Publisher offers for sale utility tokens called Tokens (AVT), allowing the acquisition of goods or services.

Tokens (AVT) can be used on the Publisher's website to purchase digital products offered by Influencers on the apivibes.com website.

ARTICLE 3 - Account

Creating an Account and accessing the associated Services is reserved for Users who are of legal age, legally capable, and domiciled in mainland France.

The User may create an Account using the "Sign Up" tab and follow the instructions provided at each step.

The User is solely responsible for the accuracy and consistency of the data they provide. They agree to enter their personal information and update it whenever necessary on their Account.

The Publisher cannot be held responsible for any consequences resulting from the provision of incorrect information by the User.

The Publisher reserves the right to request any documentation proving the User's identity, especially to verify their age and legal capacity.

The Publisher reserves the right to suspend and/or delete the Account of any User who fails to comply with these TCU, without notice and by operation of law.

ARTICLE 4 - Price of Services

Access to the Services offered by APIVIBES is free of charge.

ARTICLE 5 - Processing of Personal Data

Each party agrees to comply with the applicable legal and regulatory provisions related to the protection of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation).

In order to carry out its activities, the Publisher must collect and process data concerning the User. These data are collected directly from the User.

This data may be communicated to Brainwavezzz Ltd and other third parties, including Partners who are contractually authorized to accept AVT utility tokens on the apivibes.com platform for identifying their clients.

This data may also be shared with certain government services in the User's country of residence, or the Partner, or the Beneficiary of a payment order.

This communication of data is necessary or mandatory in the exercise of regulated financial activities and to comply with the due diligence requirements of applicable laws.

The collected personal data is processed in strict confidentiality and is not transferred to third parties other than those involved in or using Apivibes Services.

No data is transferred outside the European Union.

This data is retained for five (5) years from the termination of the contractual relationship between the User and Apivibes.

The User has the right to access, rectify, port, object, limit, or erase (except where regulation does not permit the exercise of these rights) their data directly with the data protection officer appointed by Apivibes. To exercise this right, the User must notify Apivibes according to the communication provisions outlined in Article 21.3, providing the necessary details of the request.

Any complaints can be filed in France with the Commission Nationale de l'Informatique et des Libertés (CNIL).

Consent to the use of data: The User explicitly consents, by accepting these terms, to allow Apivibes to access, process, and retain any information the User has provided in order to execute Apivibes Services. This consent does not affect the respective rights and obligations of Apivibes and the User in terms of personal data protection. The User may withdraw this consent by revoking their Apivibes account. If consent is withdrawn in this manner, Apivibes will cease using this data for the provision of Apivibes Services. However, Apivibes may continue processing this data for other legitimate purposes, including its legal obligations.

Data processing: The User is informed that Apivibes carries out automated processing of their personal data collected during the contractual relationship and when using Apivibes Services to ensure the prevention, detection, and investigation of KYC fraud, as well as to fulfill its AML-CFT obligations.

Apivibes commits to comply with the following obligations and to ensure that its personnel do the same:

• Not to use, modify, assign, or disclose to a third party personal data without the User's prior written consent;
• To take all necessary technical, organizational, and structural measures to preserve the confidentiality and security of personal data, protecting it from unauthorized use or fraudulent activities during the execution of these TCU, and generally to implement necessary measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, dissemination, or unauthorized access;
• To take all necessary measures to ensure that its employees and subcontractors involved in the execution of Apivibes Services are properly informed and trained to comply with the confidentiality and security commitments made by Apivibes;
• To notify the User, in writing, of any incident related to the processing and security of personal data, including unauthorized access, disclosure, use, or modification, and to specify the measures taken to resolve the incident and prevent its recurrence.

The collected data is also subject to processing aimed at analyzing the security level of Apivibes services and AML-CFT compliance.

To provide its services, Apivibes may use third-party providers involved in the implementation of automated data processing as subcontractors. These subcontractors receive the necessary data for their services and can only act under the instructions of Apivibes, which retains responsibility for the implementation of the processing.

The User expressly agrees that during the contractual relationship, any or all of the personal data provided may be transferred to Apivibes' service providers involved in processing activities to execute Apivibes Services.

The User expressly authorizes Apivibes, during the contractual relationship, to transfer all or part of the collected data to financial institutions and other entities subject to AML-CFT obligations that may enter into a contractual relationship with the User during the execution of Apivibes Services. This is to allow those entities to comply with their legal obligations regarding AML-CFT, control, and prevention of incidents and irregularities.

Apivibes commits not to use the User's personal data for commercial prospecting purposes during or after the contractual relationship.

ARTICLE 6 - Intellectual Property

6.1 Copyright and Neighboring Rights

All elements constituting the Website (texts, graphics, graphic charters, software, photographs, images, sounds, plans, names, logos, trademarks, editorial content, creations and various protectable works, databases, etc.) as well as the Website itself, are subject to French and international copyright and neighboring rights laws, particularly Articles L.122-4 and L.122-5 of the Intellectual Property Code.

All the above elements ("Elements") are the exclusive property of the Publisher, except for elements created by external contributors who have not transferred their copyright or neighboring rights.

The Publisher only grants the User a non-transferable, non-exclusive right to use the Elements to which they have access on the Website. Thus, only reproduction and representation of the content as authorized by the Intellectual Property Code on a screen for strictly personal benefit are allowed.

Any professional or commercial use of the Services, Elements present on the Website is prohibited.

As a result, the User of the Website and Platform agrees not to:

• Use or query the Website on behalf of others or for purposes other than personal use;
• Reproduce, in any quantity, for commercial or non-commercial purposes, creations, information, content, or photographs on the Website;
• Integrate all or part of the Website content into a website, mobile application, or third-party media, for commercial or non-commercial purposes;
• Use a robot, notably a spider, search application, or web scraping tool, or any other means to retrieve or index all or part of the Website content, except with prior express permission from the Publisher;
• Copy the information contained on the Website onto any medium that would reconstruct all or part of the original files.

Any unauthorized use, reproduction, representation, or adaptation of a page or original element from the Website constitutes copyright infringement, which may result in civil and criminal liability. It may also violate image rights, personal rights, or any other rights and regulations in force.

The Publisher reserves the right to take all legal action against those who fail to comply with the prohibitions contained in this article.

6.2 Database Producer Rights

The Publisher is the producer of the database formed by the Website, as per Article L 341-1 et seq. of the Intellectual Property Code. Any extraction or use of the database content not expressly authorized may result in civil and/or criminal liability. The Publisher reserves the right to take all legal action against those who violate this prohibition.

6.3 Trademark Rights

The name and logo "APIVIBES" are a registered trademark owned by the Publisher. Any use of this trademark – and any other trademark owned by the Publisher due to its activity – not expressly authorized may result in civil and/or criminal liability. The Publisher reserves the right to take all legal action against those who infringe on its rights.

ARTICLE 7 - Site Management

To ensure the proper management of the Site, the Publisher may, at any time:

• suspend, interrupt, or limit access to all or part of the Site, restrict access to the Site, or certain parts of the Site, to a specific category of Users
• remove any information that could disrupt its operation or violates national or international laws, or the rules of Netiquette
• suspend access to the Site for updates and/or maintenance operations.

ARTICLE 8 - Liability

8.1 Site Availability

Access to the Site and its functionalities is a commitment of means. Access to the Site may be interrupted, notably for maintenance, updates, or emergency repairs, or due to circumstances beyond the control of the Publisher.

8.2 User Responsibility

The User must ensure that their technical environment is compatible with the Site. The Publisher cannot be held responsible for any consequences resulting from the Site's incompatibility with the User’s devices.

Moreover, the User is responsible for protecting their devices and data from the use of the Site and/or Platform and any breaches of these Terms of Use.

8.3 Limit of Publisher’s Liability

The User acknowledges the risks associated with the Internet and recognizes that data exchanges over the Internet are not fully reliable and are therefore not protected, notably against risks of hijacking and hacking. The technical performance of the Internet network, as well as response times for consulting, querying, or transferring information, are variable and unpredictable.

The Publisher disclaims all responsibility in case of:

• temporary or permanent impossibility of accessing the Site or any of its functionalities (and/or related sites/applications) due to:
• technical maintenance operations or updates of published information
• technical problems of any kind, including hardware destruction, cyber-attacks, hacking, deprivation, deletion, or prohibition
• temporary or permanent unavailability – including server outages or network access issues
• direct or indirect damages caused to the User, regardless of the nature, resulting from the content, access, or use of the Site by the User, as well as the inability to use the Site. The User must take all necessary measures to protect their equipment and data.

The User is solely responsible for any damages they cause to themselves, their equipment, and/or third parties due to their connection to or use of the Site. The User will bear the consequences of any claims or actions resulting from such damages. The User waives any right to take action against the Publisher in case of lawsuits filed by a third party due to the unlawful use and/or exploitation of the Site. If the Publisher becomes involved in an amicable or judicial procedure due to the User’s use of the Site, the Publisher may seek compensation from the User for all damages, fines, amounts, and costs, including legal fees, resulting from such procedures.

The Publisher reserves the right to pursue legal action against anyone who fails to comply with the provisions of Articles 323-1 to 323-7 of the French Penal Code, and in particular anyone who fraudulently accesses all or part of an automated data processing system.

The relationship between the Publisher’s business partners and the User, within the framework of a commercial offer promoted on the Site, is outside the Publisher’s responsibility. The Publisher cannot be held liable for the contract between the User and their seller or for any disputes arising between them.

ARTICLE 9 - Modification of the Terms of Use – Severability

The Publisher reserves the right to modify, freely and at any time, the Terms of Use of the Site. Each User connecting to the Site is invited to regularly check the Terms of Use to become aware of any changes. Continued use of the Site after these changes constitute acceptance by each User of the updated Terms of Use.

If one or more provisions of these Terms of Use are deemed invalid or declared so by law, regulation, or following a final decision from a competent jurisdiction, the remaining provisions shall remain in full force and effect.

ARTICLE 10 - Applicable Law – Jurisdiction

The Publisher’s failure to invoke any of the provisions of these Terms of Use at any time cannot be interpreted as a waiver of the right to do so at a later time.

Subject to the applicable public order legal provisions, any dispute regarding the validity, interpretation, acceptance, or execution of these Terms, regardless of the place of subscription or settlement, will be subject to an attempt at amicable resolution, which the parties agree to seek.

If such resolution is not achieved within one (1) month of written notification of the dispute, the courts of Aix-en-Provence will have exclusive jurisdiction, even in the event of a third-party claim or multiple defendants, for urgent or precautionary procedures, in summary proceedings or by request.

These Terms of Use are governed by French law, which determines the applicable law on a case-by-case basis. In the absence of any mandatory contrary provision or in the presence of a choice of applicable law, French law shall apply.

ARTICLE 11 - Contact – Reporting

11.1 Contact and Reporting

For any questions or information about the Site, or to report any illegal or inaccurate activity or content found on the Site, the User can send a message to the following address: contact@apivibes.io

Any report of content deemed illegal by a User must include the following information to be accepted:

1. Details enabling identification of the User: if an individual, their first and last name, email address; if a legal entity, the form and name of the company, email address
2. A detailed description of the illegal content and its precise location (if applicable, the URL(s) of the page(s) where the content is accessible)
3. The legal reasons why the content should be removed

It is reminded that any report intended to present content as illegal in order to have it removed or stop its dissemination, knowing this information is false, is punishable by one year of imprisonment and a fine of 15,000 Euros.

Upon receiving a valid report, the Publisher will examine the reported content and may, if necessary, remove the content if it appears to be clearly illegal.

It is also possible to contact the Publisher by email or postal mail:
Email: contact@apivibes.io
Address: 1330, Av. Guillibert de la Lauzière – 13592 Aix-En-Provence

11.2 Data Protection - Contact Address

For any questions regarding the confidentiality and protection of your data, the User can send a message to the following address: contact@apivibes.io