Terms of Service

1. Preamble and identity of the Publisher

These Terms of Service (hereinafter the "Terms") govern the use of the Luciole Quest mobile application (hereinafter the "Application") and the associated website luciole.akateria.fr (hereinafter the "Site"), together referred to as the "Service".

1.1 Identity of the Publisher

The Service is published by:

• Tina Semashko, sole proprietor (entrepreneur individuel)
• Trading name: AKATERIA WEB
• SIRET: 929 791 820 00012
• APE code: 62.01Z (Computer programming)
• Registered office: 1 rue de Fontenay, 94300 Vincennes, France
• Commercial brand: Akateria Studio
• Email: contact@akateria.fr

(hereinafter the "Publisher")

1.2 Legal notice (LCEN)

In accordance with Article 6, III, of French Law No 2004-575 of 21 June 2004 for confidence in the digital economy (Loi pour la Confiance dans l'Économie Numérique — LCEN):

• Publication director: Tina Semashko
• Site host: GitHub, Inc. (subsidiary of Microsoft Corporation), 88 Colin P Kelly Jr Street, San Francisco, CA 94107, United States — https://github.com
• Application data host: Supabase Inc., EU-Ireland region (aws-1-eu-west-1)

2. Definitions

In these Terms:

• "Service": the Luciole Quest Application and the Site luciole.akateria.fr.
• "User" or "Parent": any adult who has created an Account in order to use the Application.
• "Child": any minor playing a treasure hunt configured by a Parent, without creating a personal account.
• "Account": the Parent's personal area, accessible by email and password.
• "User Content": any information, text, photo, or other content published by the Parent in connection with use of the Service.
• "Akateria Content": the Application itself, its source code, design, graphic identity, illustrations (including the Lux mascot), as well as all elements associated with the Akateria Studio brand.

3. Acceptance and modifications of the Terms

Use of the Service implies full and unreserved acceptance of these Terms. When creating your Account, you expressly accept these Terms together with the Privacy Policy.

The Publisher reserves the right to modify these Terms at any time.

• Any modification will be published on this page, and the date at the top of the document will be updated.
• Substantial modifications (change in pricing, change to the conditions of use, or addition of an obligation incumbent on you) must be accepted within the Application in order to continue using it.

The applicable version of the Terms is the one in force on the date the User uses the Service.

4. Description of the Service

Luciole Quest is a family treasure hunt application. The Parent creates "hunts" composed of locations to find, text-based riddles (drafted manually or generated using artificial intelligence) and, optionally, hint or validation photos. The Child plays these hunts on the Parent's phone by entering a game code provided by the Parent.

The Service is intended for family and private use, within a setting supervised by a parent or legal guardian. The Application is not designed to be used autonomously by children without active adult supervision.

Riddles generated using artificial intelligence (Mistral AI) are provided for guidance only. The Publisher does not warrant their accuracy, relevance, or suitability for the Child's age. It is the Parent's responsibility to review and, where appropriate, modify the generated riddles before using them in a game.

The Publisher implements reasonable means to ensure the availability of the Service 24/7, without however guaranteeing any particular availability rate (see §12).

5. Sign-up and Account

5.1 Sign-up conditions

Account creation is strictly reserved for adult natural persons (at least 18 years old). By signing up, you confirm that you:

• Are at least 18 years old.
• Are acting as a parent, legal guardian, or person responsible for a minor whom you wish to allow to play the Application.
• Have the legal capacity to enter into this contract.
• Provide accurate and up-to-date information (in particular your email address).

5.2 Account security

You are responsible for:

• The confidentiality of your password.
• All activities carried out from your Account.
• Updating your information if it changes.

In the event of unauthorised use of your Account, contact us immediately at contact@akateria.fr.

5.3 One account per natural person

Unless expressly agreed by the Publisher, a User may only create one Account. The creation of multiple accounts by the same natural person is prohibited.

6. Acceptable use of the Service

6.1 User commitments

By using the Service, you undertake to:

• Use it in a strictly personal, family, and non-professional context, to the exclusion of any commercial use without the prior written agreement of the Publisher.
• Comply with applicable French legislation.
• Not infringe the rights of third parties (copyright, image rights, privacy, etc.).
• Supervise your child's use of the Application.

6.2 Prohibited conduct

The following are strictly prohibited:

• Publication of content that is unlawful, illegal, defamatory, insulting, racist, pornographic, violent, or contrary to public decency.
• Publication of photos or information concerning third parties (including children other than your own) without their consent or that of their legal representatives.
• Use of the Service for commercial, advertising, solicitation, or resale purposes without prior agreement.
• Automated collection of data from the Service (scraping, crawling).
• Any attempt to circumvent security mechanisms, reverse-engineer, decompile, or modify the code of the Application.
• Impersonation of a third party or the provision of false information at sign-up.
• Creation of multiple Accounts by the same natural person without the express agreement of the Publisher.

6.3 Publisher's rights

The Publisher reserves the right, without notice and at its sole discretion, to:

• Refuse, remove, or modify any manifestly unlawful content of which it becomes aware, or any content contrary to these Terms.
• Suspend or terminate any Account in case of violation of the Terms (see §10).
• Cooperate with any judicial or administrative authority in response to a lawful request.

The Publisher does not actively monitor content published by Users. In accordance with Article 6 of the French law for confidence in the digital economy (LCEN) of 21 June 2004, its liability shall only arise from the moment it has actual knowledge of manifestly unlawful content and fails to act promptly to remove it.

7. User Content

7.1 Ownership

You retain all your rights to the User Content you publish (hunt titles, descriptions, riddles, photos, hints). The Publisher claims no ownership rights over such content.

7.2 Licence granted to the Publisher

To enable the operation of the Service, you grant the Publisher a non-exclusive, free, worldwide licence, limited to the duration of your use of the Service, allowing it solely to:

• Store your User Content on its servers and those of its technical processors (see Privacy Policy).
• Display it to you and to the Child whom you allow to play.
• Transmit it to the Mistral AI API solely for automatic riddle generation when you explicitly request this feature.

This licence terminates automatically upon deletion of the relevant content or of your Account.

7.3 User warranty

You warrant that the User Content you publish:

• Belongs to you, or that you have the necessary rights to publish it.
• Does not infringe any rights of third parties.
• Complies with these Terms.

You acknowledge that you are solely responsible for the content you publish and you guarantee the Publisher against any third-party claim in this regard.

7.4 Recommendations regarding photos

In light of current technical limitations (see §10 of the Privacy Policy), it is strongly recommended that you not include in uploaded photos:

• Identifiable children (faces, first names written on objects, etc.), with the exception of your own child and with discernment.
• Personal information (addresses, documents, licence plates, etc.).
• Any content that you would not want to be potentially disclosed.

The Application displays a warning to this effect at each photo upload.

8. Publisher's intellectual property

The Application, the Site, their source code, graphic identity, illustrations (including the Lux mascot), texts, and the Akateria Studio brand, are the exclusive property of the Publisher and are protected by French and international intellectual property laws.

Any reproduction, representation, modification, adaptation, translation, or distribution, in part or in whole, by any means and on any medium whatsoever, without the prior written authorisation of the Publisher, is prohibited and constitutes infringement (contrefaçon) punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

9. Pricing

9.1 Currently free of charge

As of the date of these Terms, the Application is offered free of charge to all Users, with no in-app purchases or subscriptions.

9.2 Future changes

The Publisher reserves the right to introduce paid features in the future (for example: extended limits, premium features). Where applicable:

• Purchases will be made exclusively through the payment systems of the Apple App Store and the Google Play Store (Apple StoreKit / Google Play Billing). The Publisher does not directly process any payment methods.
• The details of paid features, their prices, and their conditions will be clearly presented to you before any purchase, and your explicit consent will be required.
• No purchase is required to continue using the features already accessible free of charge.
• Purchases made through the Apple App Store or the Google Play Store are subject exclusively to the billing and refund conditions of those platforms. The Publisher does not process payments or refund requests, which must be addressed directly to Apple or Google through your user account.
• In accordance with Article L221-28 of the French Consumer Code, the 14-day right of withdrawal does not apply to digital content supplied immediately upon purchase with your express consent and waiver of that right.

10. Suspension and termination of the Account

10.1 Termination by the User

You may delete your Account at any time by contacting us at contact@akateria.fr (or via the in-app feature provided for this purpose, once available). Deletion entails, within a maximum of 30 days, the deletion of your active data, subject to legal retention obligations and to technical delays related to any backups.

10.2 Deletion in exceptional circumstances

In addition to the cases set out in §10.3, the Publisher may delete an Account or its associated data in exceptional circumstances, including:

• Major security incidents, attacks on the Service.
• Technical necessity related to maintenance or evolution of the Service.
• Other circumstances affecting the proper operation of the Service or the rights of other Users.

Where possible, the User will be notified by email at the address associated with the Account at least 30 days before actual deletion.

10.3 Suspension or termination by the Publisher

The Publisher may suspend or terminate your Account, without notice in case of serious breach (in particular publication of unlawful content, infringement of third-party rights, or fraud), or after prior notification and a formal notice that has remained without effect in case of non-serious breach, in the following cases:

• Serious breach of these Terms.
• Publication of unlawful content or content infringing third-party rights.
• Request from a competent judicial or administrative authority.
• Abusive behaviour harming the proper operation of the Service or other Users.

In the event of termination for fault, the Publisher will notify you by email of the reasons for termination. You may contest this decision by replying to that email.

11. Availability of the Service

The Publisher endeavours to ensure the availability of the Service 24/7, but does not guarantee any particular availability rate.

Access to the Service may be temporarily suspended in the event of:

• Technical maintenance.
• Unforeseeable technical difficulties.
• Force majeure (see §13).
• A decision of the Publisher, notified to Users in advance except in case of urgency.

The Publisher cannot be held liable for the consequences of an interruption of the Service beyond its control.

12. Warranty and limitation of liability

12.1 Service provided "as is"

The Service is provided "as is" and "as available", without warranty of any kind, express or implied, other than those imposed by French law. The Publisher does not warrant that the Service will be error-free, uninterrupted, or perfectly suited to a particular use.

12.2 Limitation of liability

To the fullest extent permitted by French law, the Publisher's liability is limited to:

• Direct and foreseeable damages resulting from a breach of its contractual obligations.
• Where the Service is provided on a paid basis, a total amount that may not exceed the sums actually paid by the User to the Publisher during the twelve (12) months preceding the event giving rise to the damage.

Where the Service is provided free of charge, the Publisher's liability shall only arise in case of proven fault, within the limits set out by applicable law.

The Publisher shall in no event be liable for:

• Content published by Users.
• The consequences of disclosure of content carried out by the User themselves (e.g., voluntary sharing of a photo URL).
• Data loss resulting from misuse of the Service by the User (forgotten password without reset, accidental deletion, etc.).

12.3 Exceptions

The above limitations do not apply in cases where the limitation of liability is legally prohibited, in particular:

• Gross negligence or wilful misconduct of the Publisher.
• Personal injury.
• Violation of fundamental rights protected by the GDPR or the French Data Protection Act.

13. Force majeure

The Publisher cannot be held liable for any delay or non-performance due to a case of force majeure within the meaning of Article 1218 of the French Civil Code, in particular in the event of a major failure of third-party technical service providers, cyber-attacks, natural disasters, or decisions of public authorities.

14. Personal data

The processing of personal data in connection with the Service is governed by our Privacy Policy, which forms an integral part of these Terms.

15. Applicable law and jurisdiction

15.1 Applicable law

These Terms are governed by French law.

15.2 Amicable settlement

In the event of a dispute, you are invited to contact us first at contact@akateria.fr in order to seek an amicable solution.

You may also resort, free of charge, to a consumer mediator: the list of available mediators may be consulted on the website of the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF).

In accordance with Regulation (EU) No 524/2013, you may also use the European Online Dispute Resolution platform (ODR), accessible at the following address: https://ec.europa.eu/consumers/odr.

15.3 Competent jurisdiction

In the absence of an amicable settlement, any dispute relating to the interpretation or performance of these Terms shall be subject to the jurisdiction of the French courts.

In accordance with the provisions of the French Consumer Code protecting consumers, as a consumer residing in France or in the European Union, you retain the right to bring proceedings, at your choice, before:

• The court of the place where you resided at the time the contract was concluded or where the harmful event occurred.
• The court of the place where the Publisher is domiciled.

16. Miscellaneous provisions

16.1 Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Publisher concerning use of the Service and supersede any prior agreement.

16.2 Partial invalidity

If any provision of these Terms is declared null or unenforceable by a court decision, the other provisions shall remain in force.

16.3 Waiver

The fact that the Publisher does not avail itself of a provision of these Terms shall not be construed as a waiver of its right to do so subsequently.

16.4 Assignment

You may not assign your rights and obligations under these Terms to a third party without the prior written agreement of the Publisher.

17. Contact

For any question relating to these Terms:

• Email: contact@akateria.fr
• Publisher: Tina Semashko, sole proprietor (entrepreneur individuel)
• Trading name: AKATERIA WEB
• SIRET: 929 791 820 00012
• Address: 1 rue de Fontenay, 94300 Vincennes, France