Terms of UseTerms of Use
01. Introduction
1.1. By installing and/or using the App developed by GEODE, you agree to be bound by these terms of use (the “Terms”). Please review them carefully before installation and/or acceptance.
1.2. The Terms include our privacy policy which may be found at https://dazzly.com/privacy-policy (the “Privacy Policy”). The Terms govern your use of Our website located at https://dazzly.com (the “Site”) and of Our application (“App”), as defined below, and constitute an agreement between you and Us, and set forth the legally binding terms and conditions which are applicable to your use of the App, or the Site. In the Terms, “We”, “Us” or “Our” also refer to GEODE.
1.3. The “App” shall mean the software provided by GEODE to offer services to be used on Apple iOS and Android devices and any upgrades from time to time and any other software or documentation which enables the use of the App.
1.4. By installing, accessing or using the App, you represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms. Your use of the App constitutes your acceptance of the Terms. If you do not agree to these Terms, you are not entitled to use the App and you must promptly uninstall and delete all copies thereof.
1.5. The App is currently made available to you for your personal, non-commercial use.
1.6. Any personal information you supply to Us when using the App will be processed by Us in accordance with Our Privacy Policy.
1.7. All trademarks, copyright, database rights and other intellectual property rights of any nature in the App together with the underlying software code are owned either directly by Us or Our licensors.
1.8. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply using the App. As a result, you may be charged by your mobile provider for access to network connection services the duration of the connection while accessing the App or any such third-party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device used to access the App, you will be assumed to have received permission from the bill payer for using the App.
1.9. You may use the App only if you are 18 years or older and are not barred from using the App under applicable law.
1.10. If you want to use certain features of the App, You will have to create an account (“Account”). You may do this through account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. It is important that you provide us with accurate, complete and up to-date information for your Account and that you keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account.
02. General Terms
2.1. Rights Granted
Subject to your compliance with these Terms, GEODE grants you a limited non- exclusive, non-transferable, non sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run copy of the App solely for your own personal non-commercial purposes (the “License”).
2.2. Restrictions to Rights Granted
Except as expressly permitted in these Terms, you may not:
1. Copy the App, except for making a reasonable number of copies for backup or archival purposes;
2. Copy, modify, translate, adapt, merge or make or create derivative works of or based on the App;
3. Distribute, transfer, license, sublicense, transfer, assign, distribute, host, lease, sell, lend or rent the App to any third party, or otherwise commercially exploit the App;
4. Reverse compile, reverse engineer, decompile or disassemble any part of the App, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
5. Make the functionality of the App available to multiple users through any means;
6. Access the App to build a similar or competitive service or application;
7. Remove or destroy any copyright notices or other proprietary markings contained on or in the App.
Future release, update, or other addition to functionality of the App (including in-App purchases, additional levels, gameplay enhancements) shall be subject to the terms of these Terms, unless otherwise provided in terms associated with such addition.
GEODE reserves all rights not expressly granted to you under these Terms.
2.3. Compliance with Laws
You warrant that, while using the App, you shall comply with all applicable laws.
2.4. Modification
2.4.1. Modification of the Terms.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the Terms on the Site, the App or through other communications. By continuing to use the App after we have posted modified Terms, you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, you must not use the App anymore.
2.4.2. Modification of the App.
GEODE reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that GEODE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any part thereof.
2.5. Ownership
We do not claim any ownership rights in any User Content (defined below) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, GEODE and its licensors exclusively own all right, title and interest including all associated intellectual property rights, in and to the App and Content (defined below). You acknowledge that the App and Content are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated in or accompanying the App or Content, including User Content from other users. You shall abide maintain all copyright notices, information and restrictions contained in any Content accessed through the App.
03. Content
3.1. Definition of Content and User Content
“Content” means text, graphics, patterns, images, software, photographs, drawings, paintings, works of authorship of any kind and information or other materials that are provided or otherwise made available through the App by GEODE.
“User Content” means any and all content, including text, graphics, inputs to or outputs from AI Features (defined below), patterns, images, software, photographs, drawings, paintings, works of authorship of any kind and information or other materials, that the App users, including you, create, upload, distribute, or otherwise provide via the App or to the App. You are solely responsible for your User Content. You assume all responsibility associated with the use of your User Content by you or by others, including any reliance on its lawfulness, accuracy, completeness, usefulness, or disclosure of your User Content that could make you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). GEODE is not obligated to backup the User Content and the User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.2. License
By creating, uploading, distributing, or otherwise using your User Content with the App, you automatically grant, and you represent and warrant that you have the right to grant, to GEODE an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works, incorporate into other works, and otherwise use your User Content, solely to display your User Content on the App.
3.3. Information provided by User
If you provide GEODE with any comments or suggestions (“Information”), you hereby assign to GEODE all rights in the Information and agree that GEODE shall have the right to use such Information in any manner it deems appropriate. GEODE will treat Information you provide to GEODE as non-confidential and non-proprietary. You agree that you will not submit to GEODE any Information or ideas that you consider to be confidential or proprietary.
3.4. Acceptable Use Policy
You agree not to use the App to create, upload, distribute, or otherwise use any User Content (a) that violates any third-party including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against group or individual, or is otherwise objectionable, (d) that is harmful to people, and particularly minors in any way; (e) that constitutes unsolicited unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation, or contractual obligations. Furthermore, You agree not to use the App to: (a) create, upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding third parties or users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the App.
3.5 Use of artificial intelligence features
The App provides access to artificial intelligence features (“AI Features”) provided by OpenAI Ireland Ltd or any other company of the OpenAI group (“OpenAI”).
Your use of the AI Features must comply with these Terms and with the applicable contractual terms and conditions of OpenAI (the “Open Ai Terms”), including those entitled “OpenAI Services Agreement”, “Service terms”, “Sharing and Publication Policy” and “Usage Policies” in force at the date of these Terms. You must regularly review the OpenAI Terms and conditions to remain informed of your obligations regarding the use of the AI Features and to check any update of the Open AI Terms.
Notwithstanding other obligations set by Open AI:
- you may not use the AI Features if you are a minor, unless you have obtained the prior consent of your parent or legal guardian (art. 3.3 (c) of OpenAI “Services Agreement”).
- you may not use the AI Features in any manner that infringes or violates the rights of any third party (art. 3.3 (b) of OpenAI “Services Agreement”).
- you must not disable, ignore, or not use any relevant citation, filtering or safety features or restrictions provided by OpenAI (art. 1 of OpenAI “Service terms”).
- you must not attempt to disrupt or interfere with the functioning of the AI Features, nor engage in reverse engineering or any equivalent act (art. 3.3 (d) and (h) of OpenAI “Services Agreement”).
- you must not use the AI Features in a way that could cause a security risk, credible risk of harm, or liability to OpenAI or a third party (art. 8.1 of OpenAI “Services Agreement”).
- you are prohibited from using the outputs of the AI Features to develop artificial intelligence model that competes, directly or indirectly, with OpenAI products and services (art. 3.3 (e) of OpenAI “Services Agreement”).
The User is solely responsible with Open AI and/or with any third party for any use by the User of the AI Features in breach of these Terms and of the Open AI Terms.
3.6. Enforcement
Although we’re not obligated to monitor access to or use of the App or User Content or to review or edit any User Content, We have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to Content or User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or User Content objectionable or in violation of these Terms. We have the right to investigate on violations of these Terms or conduct that is contrary to the proper use of the App. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
04. Term and Termination
4.1. The Terms apply from the date you accept the Terms (as described in the preamble) and will remain in force and effect while you use the App, unless earlier terminated in accordance with the Terms .
4.2. Notwithstanding the forgoing, if you used the App prior to the date you accepted the Terms (as described in preamble), you hereby acknowledge and agree that the Terms apply from the date you first used the App (which is earlier and which may be prior to the Terms Version Date) and will remain in full force and effect while you use the App unless earlier terminated in accordance with the Terms.
4.3. We may (a) suspend your rights to use the App, and/or any related services or (b) terminate the Terms, for any reason at our sole discretion with or without notice to you, including if We, in good faith, believe you have violated the provisions herein or any other provision of the Terms. Without limiting the foregoing, GEODE reserves the right to terminate its Terms with any user who infringes third party rights upon prompt notification to GEODE by the right owner or the its legal agent.
4.4. Upon termination of the Terms , your right to use the App will automatically and immediately terminate. You understand that any termination may involve deletion of your User Content associated therewith from our databases. GEODE has no liability whatsoever to you for any termination of the Terms, including deletion of your User Content. Even if these Terms terminate, the following provisions of these Terms will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 6, 7, 8, 9 and 10.
05. Indemnity
You agree to defend, indemnify and hold harmless GEODE (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the App including the AI Features, (ii) your User Content, or (iii) your violation of the Terms. GEODE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GEODE. You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GEODE. GEODE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
06. Third Parties
6.1. Application Stores
You acknowledge that the Terms are contractual terms governing the relationship between you and GEODE and not with the third party from which you received the App (“Application Store”). You agree to pay all fees charged by the Application Store in connection with the App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third-party terms agreement (e.g., the Application Store’s terms and policies) when using the App. You acknowledge that the Application Store (and its affiliates) are third party beneficiaries of the Terms and will have the right to enforce the Terms.
6.2. Third Party Services
GEODE may permit certain third-party applications to provide content through the App (“Third-Party Services”). The App may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed device. When you do so, GEODE will share information with the Third-Party Service as described in the GEODE’s Privacy Policy. GEODE is not responsible for and does not control Third-Party Services. GEODE provides these Third-Party Services as a convenience to you. GEODE has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When accessing a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Services.
6.3. Other Users
The App may contain User Content provided by other users of the App. GEODE is not responsible for and does not control the User Content. GEODE has no obligation to review or monitor, and does not approve, endorse, or make any representations warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that GEODE will not be responsible for any liability incurred as the result of any such interactions.
07. Release
You hereby irrevocably and unconditionally release and forever discharge GEODE (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission any Third-Party Service, other Apps users, or Third-Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
08. Disclaimers
8.1. APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND GEODE (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR GEODE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
8.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY APPLY TO YOU.
09. Limitation of Liability
9.1. IN NO EVENT SHALL GEODE (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OR GEODE’S PRIVACY PRACTICES OR THE APP, EVEN IF GEODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE APP ARE AT YOUR OWN DISCRETION AND RISK, AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GEODE’S LIABILITY YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE TERMS OR GEODE’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID GEODE IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL GEODE’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE TERMS.
9.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Fees
You agree to pay the applicable fee (to us or the applicable distributor) for the Apps you download and for any in-App purchases (such as virtual currency, in-App products, subscriptions) you make.
11. Notices
Any notice provided to GEODE pursuant to the Terms should be sent to: contact@geode.com
12. General
12.1. Severability
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable maximum extent permitted by law.
12.2. Entire Agreement
The Terms is the final, complete and exclusive agreement of you and GEODE with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The titles in the Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to GEODE is that of an independent contractor, and neither party is an agent partner of the other. The Terms, and your rights and obligations herein, may not be assigned by you without GEODE prior written consent, and any attempted assignment in violation of the foregoing will be null and void. GEODE assign the Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, other operation of law, without your consent. The terms of the Terms shall be binding upon assignees.
12.3. Governing Law
The Terms shall be governed by French law without prejudice to any mandatory protective provisions that may be applicable in the consumer's country of residence.
Contact
GEODE, 6 rue Jean Piccandet 69290 Saint-Genis-Les-Ollieres, France. If you have any questions or concerns about our Terms, please contact us at: contact@geode.com