General Terms
1. Acceptance of Terms
1.1. Agreement to Terms
By accessing or using the Pythia application (the "App"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms"). These Terms constitute a legally binding agreement between you and Yacine AOUADA ("the owner", "we", "us"). Please read these Terms carefully before using the App. If you do not agree to these Terms, you may not access or use the App.
1.2. Electronic Acceptance
Your use of the App constitutes your acceptance of these Terms. If you are using the App on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that by using the App, you are accepting these Terms on behalf of that entity.
1.3. Updates to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the App or our website. Your continued use of the App after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.
1.4. Age Requirement
You must be at least 18 years old to use the App. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are under 18, you may not use the App without the consent and supervision of a parent or legal guardian.
1.5. Compliance with Laws
By using the App, you agree to comply with all applicable laws and regulations. You are solely responsible for ensuring that your use of the App complies with the laws of your jurisdiction.
1.6. Acceptance of Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy and agree to its terms.
1.7. Acceptance of Additional Policies
In addition to these Terms, your use of the App may be subject to other policies, guidelines, or rules that we may post on the App or our website from time to time. Your continued use of the App constitutes your acceptance of these additional policies.
1.8. Electronic Communications
By using the App, you consent to receiving electronic communications from us. These communications may include notices about your account, updates to the App, and other information related to your use of the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.9. Acceptance of In-App Purchases
By agreeing to these Terms, you acknowledge and accept that the App may offer in-app purchases. You are responsible for all charges incurred through your use of the App, including any in-app purchases made through your account.
1.10. Acceptance of Payment Terms
You agree to pay all fees and charges associated with your use of the App, including any in-app purchases, in accordance with the payment terms and conditions set forth in these Terms. You are responsible for providing accurate and up-to-date payment information.
1.11. Acceptance of Termination Conditions
You acknowledge and agree that we reserve the right to terminate your account and access to the App at any time, with or without cause, and with or without notice, subject to the termination conditions outlined in these Terms.
1.12. Acceptance of Dispute Resolution
You agree that any disputes arising out of or relating to these Terms or your use of the App will be resolved in accordance with the dispute resolution procedures set forth in these Terms.
1.13. Acceptance of Limitation of Liability
You acknowledge and agree that our liability for any claims arising out of or relating to these Terms or your use of the App is limited as set forth in these Terms.
1.14. Acceptance of Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the App, your violation of these Terms, or your violation of any rights of a third party.
1.15. Acceptance of Warranty Disclaimer
You acknowledge and agree that the App is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
1.16. Acceptance of Governing Law
You agree that these Terms and any disputes arising out of or relating to these Terms or your use of the App will be governed by and construed in accordance with the laws of France, without giving effect to any choice or conflict of law provision or rule.
1.17. Acceptance of Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of the App and supersede all prior and contemporaneous agreements, understandings, and communications between you and us, whether written or oral, regarding your use of the App.
2. Right of Withdrawal and Refund Policy
2.1. Deadline
The user has a right of withdrawal within 14 days from the date of purchase. This right applies only if none of the tokens in the pack have been used.
2.2. Conditions for Canceling and Returning the Order
2.2.1. Full Refund
To exercise the right of withdrawal, the user must notify the seller within the withdrawal period. The notification can be sent via email to nous@pythia-app.com. Upon receipt of the notification, the seller will refund the amount paid by the user within 14 days, provided that none of the tokens have been used.
2.2.2. Partial Use
If the user has used some of the tokens, a partial refund may be issued at the seller's discretion. The refund amount will be proportional to the number of unused tokens.
2.2.3. No Refund
If all tokens in the pack have been used, no refund will be issued.
3. Legal Guarantee of Conformity and Guarantee Against Hidden Defects
The tokens are guaranteed to be free from defects and conform to the description provided. In case of any non-conformity or hidden defects, the user should notify the seller immediately. The seller will either replace the tokens or refund the amount paid, provided that the issue is reported within a reasonable timeframe and the tokens have not been used.
4. Commercial Guarantee and After-Sales Service
4.1. Commercial Guarantee
The seller offers a commercial guarantee of one year for the tokens. During this period, any issues with the tokens will be resolved by the seller, provided that the tokens have not been used.
4.2. After-Sales Service
The cost of remote communication for after-sales service is free of charge. The user can contact the seller via email at nous@pythia-app.com for any after-sales service requests.
5. Contract Duration and Termination Conditions
5.1. Contract Duration
The contract is valid until the tokens are fully utilized by the user.
5.2. Termination Conditions
The contract can be terminated by the user at any time by notifying the seller via email at nous@pythia-app.com. Upon termination, any unused tokens will be refunded to the user, provided that the termination is requested within the withdrawal period.
6. Contract Termination (or "Account Termination")
6.1. Termination Conditions
Pythia reserves the right to terminate user accounts under the following conditions:
6.1.1. Violation of Terms
If a user violates any of the terms and conditions outlined in this agreement, including but not limited to engaging in prohibited activities, misusing the app, or breaching the user conduct guidelines.
6.1.2. Fraudulent Activity
If a user is found to be engaged in fraudulent activities, including but not limited to payment fraud, identity theft, or any other form of deceptive behavior.
6.1.3. Illegal Activities
If a user engages in any illegal activities, including but not limited to hacking, distributing malicious software, or any other actions that violate applicable laws and regulations.
6.1.4. Harassment or Abuse
If a user engages in harassment, abuse, or any form of harmful behavior towards other users or the app's staff.
6.1.5. Misuse of In-App Purchases
If a user misuses the in-app purchase system, including but not limited to attempting to exploit refund policies, using unauthorized payment methods, or any other form of purchase fraud.
6.1.6. Data Misuse
If a user misuses personal information, including but not limited to unauthorized access, sharing, or selling of user data.
6.1.7. Account Inactivity
If a user's account remains inactive for an extended period (e.g., more than one year), as defined by the app's policies. Users will be notified before their account is terminated due to inactivity.
6.1.8. Technical Issues
If a user's account is causing technical issues that affect the performance or security of the app.
6.1.9. Breach of Intellectual Property
If a user violates the app's intellectual property rights, including but not limited to unauthorized use of trademarks, logos, or other proprietary content.
6.1.10. Non-Payment
If a user fails to pay for in-app purchases or subscriptions as agreed, and does not resolve the payment issue within a reasonable timeframe.
6.1.11. False Information
If a user provides false or misleading information during account creation or at any other time.
6.1.12. Repeated Violations
If a user repeatedly violates the app's policies or terms of service, despite warnings and corrective actions.
6.2. Termination Process
6.2.1. Notification
Users will be notified of the termination of their account, including the reason for termination, via the email address associated with their account or through an in-app notification.
6.2.2. Effective Date
The termination will be effective immediately upon notification, unless otherwise specified.
6.2.3. Appeal Process
Users may have the opportunity to appeal the termination decision by contacting the app's customer support within a specified timeframe. The appeal process and outcome will be communicated to the user.
6.2.4. Data Retention
Upon termination, the app will retain user data for a period as required by law or as necessary for legitimate business purposes. Users will be informed about the data retention policy.
6.2.5. Refunds
In cases where termination is due to a user's violation of terms, no refunds will be provided for any in-app purchases or subscriptions. However, if the termination is due to technical issues or other reasons not attributable to the user, the app may provide a pro-rata refund for any unused portion of a subscription or in-app purchase.
6.2.6. Future Access
Users whose accounts have been terminated may be permanently banned from creating new accounts or accessing the app's services in the future.
6.3. User's Right to Terminate
Users have the right to terminate their account at any time by following the account deletion process outlined in the app's settings or by contacting customer support. Upon user-initiated termination:
6.3.1. Data Deletion
The user's personal data will be deleted in accordance with the app's data retention policy, unless required to be retained by law.
6.3.2. Refunds
Users may be eligible for a refund for any unused portion of a subscription or in-app purchase, depending on the app's refund policy.
6.3.3. Confirmation
Users will receive a confirmation of their account termination via email or in-app notification.
7. Prohibited Activities
By using the Pythia application, you agree not to engage in any of the following prohibited activities. Violation of these prohibitions may result in the termination of your account and access to the App, as well as other legal consequences.
7.1. Unauthorized Access
Attempting to gain unauthorized access to the App, its servers, or any related systems or networks.
Bypassing or attempting to bypass any security measures implemented by the App.
Accessing or attempting to access any data or information that you are not authorized to access.
7.2. Hacking and Malicious Activities
Engaging in any form of hacking, including but not limited to exploiting vulnerabilities, using malicious software, or launching denial-of-service (DoS) attacks.
Introducing viruses, worms, Trojan horses, or other malicious code into the App or its systems.
Reverse engineering, decompiling, or disassembling the App or any part of it.
7.3. Fraudulent Activities
Engaging in any form of fraud, including but not limited to payment fraud, identity theft, or misrepresentation.
Providing false or misleading information during account creation or at any other time.
Attempting to exploit refund policies or engage in any other form of purchase fraud.
7.4. Illegal Activities
Using the App for any illegal purpose or in violation of any applicable laws or regulations.
Engaging in any activity that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
7.5. Harassment and Abuse
Harassing, threatening, or abusing other users or the App's staff.
Stalking, cyberbullying, or engaging in any other form of harmful behavior towards others.
Sending unsolicited or harassing messages to other users.
7.6. Intellectual Property Infringement
Infringing upon the intellectual property rights of the App or any third party, including but not limited to copyrights, trademarks, patents, and trade secrets.
Using the App's trademarks, logos, or other proprietary content without proper authorization.
Distributing or sharing copyrighted material without the necessary permissions.
7.7. Misuse of In-App Purchases
Misusing the in-app purchase system, including but not limited to attempting to exploit refund policies, using unauthorized payment methods, or any other form of purchase fraud.
Sharing or selling in-app purchases or virtual items outside of the App.
7.8. Data Misuse
Misusing personal information, including but not limited to unauthorized access, sharing, or selling of user data.
Collecting or harvesting personal information from other users without their consent.
Using the App to send unsolicited commercial messages (spam) or phishing attempts.
7.9. Interference with the App
Interfering with or disrupting the App, its servers, or any related systems or networks.
Overloading the App's infrastructure or attempting to disrupt its normal operation.
Using the App in a manner that could damage, disable, overburden, or impair its functionality.
7.10. Violation of Terms
Violating any of the terms and conditions outlined in this agreement, including but not limited to the user conduct guidelines and other policies.
Encouraging or assisting others in violating these Terms.
7.11. Impersonation
Impersonating any person or entity, including but not limited to the App's staff, other users, or any third party.
Creating multiple accounts or using false identities to mislead others.
7.12. Unauthorized Commercial Use
Using the App for any commercial purpose without the App's express permission.
Selling, reselling, or otherwise exploiting the App or its content for commercial gain.
7.13. Circumvention of Restrictions
Attempting to circumvent any restrictions, limitations, or filters imposed by the App.
Using the App in a manner that is not intended or authorized by its design and functionality.
7.14. Unauthorized Modifications
Modifying, adapting, or creating derivative works based on the App or any part of it.
Altering or removing any proprietary notices or labels from the App.
7.15. Unauthorized Distribution
Distributing, renting, leasing, lending, or otherwise transferring the App or any part of it to any third party without the App's express permission.
Making the App available over a network where it could be used by multiple devices at the same time.
7.16. Unauthorized Data Collection
Using automated means, including but not limited to web crawlers, robots, spiders, or scrapers, to access, collect, or harvest data from the App.
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
7.17. Unauthorized Advertising
Using the App to advertise or promote any products, services, or content without the App's express permission.
Engaging in any form of unauthorized marketing or promotional activities within the App.
7.18. Unauthorized Linking
Creating links to the App from any website or application without the App's express permission.
Framing or mirroring any part of the App without the App's express permission.
7.19. Unauthorized Use of APIs
Using the App's APIs or any other interfaces in a manner that is not authorized or intended by the App.
Accessing or attempting to access the App's APIs or interfaces without proper authentication or authorization.
7.20. Unauthorized Data Storage
Storing or attempting to store personal or sensitive data on the App's servers without proper authorization.
Using the App to store or transmit any data that is illegal, harmful, or otherwise prohibited.
8. Data Collection
8.1. Types of Personal Information Collected and Why
Pythia collects the following types of personal information from users to provide and improve our services:
8.1.1. Birthdate
Collected to personalize the user's experience.
8.1.2. Location of Birth
Collected for demographic analysis and to provide personalized content and services.
8.1.3. Email Address
Collected for account creation, communication, and to send important notifications and updates.
8.1.4. Hour of Birth
Collected for personalized content features within the app.
8.1.5. Nickname
Collected to personalize the user experience and for in-app interactions.
8.1.6. Phone Number
Collected for account verification, communication, and to provide customer support.
8.1.7. User Inputs in the App
Collected to understand user preferences, improve app functionality, and provide personalized content and services.
8.2. Data Usage
8.2.1. How the Collected Data Will Be Used
The personal information collected by Pythia will be used for the following purposes:
8.2.1.1. Account Management
To create and manage user accounts, including account verification and authentication.
8.2.1.2. Communication
To communicate with users regarding their account, app updates, promotions, and other relevant information.
8.2.1.3. Personalization
To provide personalized content, recommendations, and services based on user preferences and inputs.
8.2.1.4. Service Improvement
To analyze user behavior and feedback to improve the app's features and functionality.
8.2.1.5. Security
To ensure the security of user accounts and the app, including detecting and preventing fraudulent activities.
8.2.1.6. Compliance
To comply with legal obligations and regulations, including age verification and data protection requirements.
8.2.1.7. Marketing
To send promotional materials, offers, and other marketing communications, with the user's consent.
8.3. User Rights
8.3.1. Rights of Users Regarding Their Personal Data
Users have the following rights regarding their personal data:
8.3.1.1. Access
Users have the right to access their personal data and request a copy of the information held by Pythia.
8.3.1.2. Correction
Users have the right to request the correction of any inaccurate or incomplete personal data.
8.3.1.3. Deletion
Users have the right to request the deletion of their personal data, subject to certain exceptions such as legal obligations or ongoing disputes.
8.3.1.4. Portability
Users have the right to request the transfer of their personal data to another service provider, where technically feasible.
8.3.1.5. Objection
Users have the right to object to the processing of their personal data for certain purposes, such as marketing.
8.3.1.6. Withdrawal of Consent
Users have the right to withdraw their consent to the processing of their personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal. This will result in the complete termination of the contract ("the account").
We advise users to delete their account completely in the situations 3. 5. 6. For other situations, contact nous@pythia-app.com
8.4. Data Breach Notification
8.4.1. Procedure for Notifying Users in Case of a Data Breach
In the event of a data breach, Pythia will take the following steps to notify users:
8.4.1.1. Investigation
Upon discovery of a data breach, Pythia will conduct a thorough investigation to determine the nature and extent of the breach.
8.4.1.2. Notification
Pythia will notify affected users as soon as possible, but no later than 72 hours after becoming aware of the breach. The notification will include:
1. Description of the Nature of the Breach
2. The Categories and Approximate Number of Data Subjects Concerned
3. The Categories and Approximate Number of Personal Data Records Concerned
4. The Name and Contact Details of the Data Protection Officer or Other Contact Point Where More Information Can Be Obtained
5. A Description of the Likely Consequences of the Breach
6. A Description of the Measures Taken or Proposed to Be Taken by Pythia to Address the Breach, Including, Where Appropriate, Measures to Mitigate Its Possible Adverse Effects
8.4.1.3. Remediation
Pythia will take immediate action to contain the breach, mitigate its effects, and prevent future occurrences. This may include implementing additional security measures, conducting further audits, and providing support to affected users.
8.4.1.4. Regulatory Notification
Pythia will notify the relevant data protection authorities in accordance with applicable laws and regulations.
9. Termination
9.1 Termination Process
1. Notification: Users will be notified of the termination of their account, including the reason for termination, via the email address associated with their account or through an in-app notification.
2. Effective Date: The termination will be effective immediately upon notification, unless otherwise specified.
3. Appeal Process: Users may have the opportunity to appeal the termination decision by contacting the app's customer support within a specified timeframe. The appeal process and outcome will be communicated to the user.
4. Data Retention: Upon termination, the app will retain user data for a period as required by law or as necessary for legitimate business purposes. Users will be informed about the data retention policy.
5. Refunds: In cases where termination is due to a user's violation of terms, no refunds will be provided for any in-app purchases or subscriptions. However, if the termination is due to technical issues or other reasons not attributable to the user, the app may provide a pro-rata refund for any unused portion of a subscription or in-app purchase.
6. Future Access: Users whose accounts have been terminated may be permanently banned from creating new accounts or accessing the app's services in the future.
9.2 User's Right to Terminate
Users have the right to terminate their account at any time by following the account deletion process outlined in the app's settings or by contacting customer support. Upon user-initiated termination:
1. Data Deletion: The user's personal data will be deleted in accordance with the app's data retention policy, unless required to be retained by law.
2. Refunds: Users may be eligible for a refund for any unused portion of a subscription or in-app purchase, depending on the app's refund policy.
3. Confirmation: Users will receive a confirmation of their account termination via email or in-app notification.
Conditions of Sale
1. Essential Characteristics of the Goods and/or Services
The tokens sold through our platform are digital assets specifically designed for use within our application. These tokens serve multiple purposes, including but not limited to, unlocking premium features, purchasing in-app items, and accessing exclusive content. Each token package contains a specified number of tokens, clearly outlined at the point of purchase.
Digital Nature: The tokens are intangible digital assets, designed to be easily integrated and utilized within the application. They do not have any physical form and are stored electronically within the user's account.
Utility: The primary function of the tokens is to enhance the user experience by providing access to additional features and content that are not available to non-token holders. This includes premium features, special in-app items, and exclusive content that can significantly enrich the user's interaction with the application.
Specified Quantities: Each token package contains a predetermined number of tokens, ensuring that users know exactly what they are purchasing. The quantity of tokens in each package is clearly stated, allowing users to make informed decisions based on their needs and preferences.
Non-Transferable: It is important to note that the tokens are non-transferable and non-refundable once used. They are intended for personal use within the application and cannot be transferred to other users or accounts.
Validity: The tokens do not have an expiration date and will remain valid as long as the user's account is active and in good standing. However, the tokens are subject to the terms and conditions of the application, and any misuse or violation of these terms may result in the forfeiture of the tokens.
Compliance: The tokens are designed to comply with all applicable laws and regulations, ensuring that users can purchase and utilize them with confidence. The seller reserves the right to modify the characteristics of the tokens as necessary to comply with legal requirements or to improve the user experience.
2. Price Including VAT in Euros
The prices of the token packages are as follows, inclusive of Value Added Tax (VAT):
Ten Tokens Pack: €6.99
Twenty Tokens Pack: €12.99
Fifty Tokens Pack: €17.99
Hundred Tokens Pack: €29.99
Price Modification: Please note that these prices are subject to change at the seller's discretion. Any modifications to the pricing structure will be communicated to users in a timely manner through appropriate channels, such as in-app notifications or updates to the terms and conditions.
Promotional Sales: From time to time, the seller may offer promotional sales or discounts on token packages. These sales are punctual and may be announced through the application, email newsletters, or other communication methods. Users are encouraged to stay informed about such promotions to take advantage of any available discounts.
Complimentary Tokens: The seller may, at its discretion, offer free tokens to users under certain conditions. This includes, but is not limited to, the creation of a new account or through specific in-app actions or achievements. These complimentary tokens are subject to the same terms and conditions as purchased tokens and can be used within the application in the same manner.
Currency: All prices are listed in Euros (€). Users are responsible for any currency conversion fees or charges that may be incurred if they are purchasing from a region where the Euro is not the local currency.
Taxes: The prices listed include all applicable taxes, including VAT. Users are not required to pay any additional taxes on their token purchases beyond the listed prices.
3. Delivery Fees, Date, and Methods
Delivery Fees
Pythia does not impose any additional delivery fees for the purchase of tokens. As tokens are delivered digitally, there are no physical shipping costs or handling fees involved. This ensures that users receive their tokens without incurring extra charges, providing a cost-effective and efficient transaction process.
Delivery Date
Tokens are delivered instantly upon successful completion of the payment process. This immediate delivery ensures that users can access and utilize their tokens without any delay, enhancing the overall user experience and satisfaction.
Delivery Methods
Tokens are delivered directly to the user's account within the Pythia application. This digital delivery method ensures security and convenience, allowing users to manage their tokens seamlessly through their account interface. Users will receive a confirmation notification upon successful delivery, providing transparency and assurance throughout the transaction process.
4. Contract Execution Methods
The contract for the purchase of tokens is executed electronically through the Pythia application. The process involves the following steps:
Selection of Token Package: The user selects the desired token package from the available options within the application.
Payment Process: The user proceeds to payment using either Google Pay or Apple Pay, ensuring a secure and convenient transaction.
Token Crediting: Upon successful completion of the payment, the tokens are instantly credited to the user's account within the application.
This electronic execution of the contract ensures a streamlined and efficient process, minimizing the need for manual interventions and providing users with a seamless experience.
5. Payment Methods
Authorized Payment Methods
Pythia accepts payments through the following authorized methods:
Google Pay
Apple Pay
These payment methods are chosen for their security, convenience, and widespread acceptance, ensuring a smooth transaction process for our users.
Late Payment Issues
Since payments are processed instantly through Google Pay and Apple Pay, there are no late payment issues. However, in the event of a payment dispute or any issues related to the payment process, users are advised to contact the respective payment service provider directly:
Google Pay: Users should contact Google's customer support for assistance.
Apple Pay: Users should contact Apple's customer support for assistance.
By addressing any payment disputes directly with the payment service provider, users can ensure a swift resolution and maintain the integrity of their transactions within the Pythia application.
"Pythia" Company Identity & Host Identity:
AOUADA YACINE
53 RUE DE SAUSSURE
75017 PARIS, FRANCE
RCS Registration Number 841 100 738 00027
Email: yacine.aouada@pythia-app.com
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