Terms of UseTerms of Use

Dazzly – Terms of Use

Version Date: October [22], 2026

1. Introduction

1.1. The Dazzly mobile application (the “App”) is the software provided by Us to offer services to be used on Apple iOS and Android devices. Our website is accessible at https://dazzly.com (the “Site”)

1.2. By installing, accessing and/or using the App and by accessing and/or using Our Site, You accept to be bound by these terms of use (the “Terms”), which constitute an agreement between You and Us. You represent and warrant that you have fully read and understood the Terms and that You have the right, authority and capacity to accept these Terms and to be bound by them. If You do not accept these Terms, You are not entitled to use the App or the Site, and You must promptly uninstall and delete all copies of the App thereof.

1.3. In the Terms, “We”, “Us” or “Our” refer to GEODE, whose information is in the article 17 below. “You” or “Your” refers to any person who installs, accesses, and/or uses the App or the Site.

1.4. 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 or the Site after we have posted modified Terms, You accept to be bound by the modified Terms. If You do not accept to be bound by the modified Terms, You must not use the App or the Site anymore.

1.5. You are invited to download the Terms and keep them on a durable medium, for documentation purposes, future reference and reproduction in exact duplicate.

2. Definition

In the Terms, capitalized terms and expressions, whether singular or plural, have the meaning indicated either when first used or in the definition below.

2.1. Account: refers to the user account created by a user to access to certain features of the App.

2.2. AI Features: has the meaning set out in article 8.1.

2.3. Application Store: has the meaning set out in article 3.2.

2.4. Community Features: has the meaning set out in article 8.2.

2.5. Content: refers to text, graphics, patterns, images, software, photographs, drawings, paintings, music, sound, photographs, videos, graphical interfaces, works of authorship of any kind and information or other materials that are provided or otherwise made available through the App or the Site by Us.

2.6. SNS Account (or Social Networking Service Account): has the meaning set out in article 5.1.

2.7. Information: has the meaning set out in article 7.6.

2.8. Intellectual Property Elements: refers to the elements of the App and the Site, including the Content, copyrights, databases, trademarks, logos and domain names.

2.9. Privacy Policy: has the meaning set out in article 16.6

2.10. Third Party Service: has the meaning set out in article 11.2.

2.11. User Content: refers to any and all content, including text, graphics, inputs to or outputs from AI Features, information included in or associated with Your profile created or used through the Community Features, patterns, images, photographs, designs generated through the App from a photograph, 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.

3. Provision of the App and the Site

3.1. You must have an Internet connection to access and use the App and the Site. The terms of agreement with Your respective Internet provider or mobile network provider will apply when You use the App and the Site. As a result, You may be charged by Your Internet provider for access to network connection services the duration of the connection while accessing the App and the Site 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 and the Site, You will be assumed to have received permission from the bill payer for using the App and the Site.

3.2. To use the App, You must download the App from the relevant app store compatible with Your electronic device (such as Apple App Store or Google Play Store) (the “Application Store”). If You fail to install the latest available update of the App, the App may be inaccessible in whole or in part

3.3. The App can be downloaded and used for free, without financial counterpart. The App may also offer paid subscription plans and one-time purchases providing access to additional features or benefits, such as using the App without ads. These purchases are made through the relevant Application Store. The terms applicable to such purchases, including its price, billing, renewal and cancellation terms, are governed by the terms and conditions applicable to the relevant Application Store.

3.4. We reserve the right, at any time, to modify, suspend, or discontinue the App or the Site or any part thereof with or without notice. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the App or any part thereof.

3.5. Future release, update, or other addition to functionality of the Site or the App (including in-App purchases, additional levels, gameplay enhancements) shall be subject to these Terms, unless otherwise provided in terms associated with such addition.

4. Your use of the App and Site

4.1. You may use the App and the Site only if You are 18 years or older and are not barred from using the App and the Site under applicable law.

4.2. You warrant that, while using the App and Site, You shall comply with all applicable laws.

4.3. You agree not to use the App and the Site 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 the App or the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the App or the Site or servers or networks connected to the App or the Site (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the App or Site or users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers).

4.4. Although We’re not obligated to monitor access to or use of the App or Site 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 and Site, 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 or the Site.

5. User Account

5.1. If You want to use certain features of the App or Site, You will have to create an Account. You may do this through accounts with certain third-party social networking services such as Facebook (each, an “SNS Account”). If You choose the Account option, We will 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.

5.2. You must 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 do not, we might have to suspend or terminate Your Account and Your access to the App.

5.3. You are responsible for all activities that occur under Your Account. Your Account password is personal and confidential. You must not disclose Your Account password to anyone and you must notify Us immediately of any unauthorized use of Your Account.

6. License to Use the App and the Site

6.1. Ownership: We and Our licensors exclusively own all right, title and interest in and to the Intellectual Property Elements. The Terms do not confer any transfer of intellectual property to You on the Intellectual Property Elements. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary notices incorporated in or accompanying the App, the Site 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 and the Site.

6.2. Rights granted: Subject to Your compliance with these Terms, We grant 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 use the App, the Site and Content solely for Your own personal non-commercial purposes.

6.3. Restrictions to rights granted: Except as expressly permitted in these Terms, any reproduction or representation, in whole or in part, of the Intellectual Property Elements is prohibited, as is any alteration thereof. In particular, You may not:

• Copy the Intellectual Property Elements;
• Modify, translate, adapt, merge or make or create derivative works of or based on the Intellectual Property Elements;
• Distribute, transfer, license, sublicense, assign, host, lease, sell, lend or rent the Intellectual Property Elements to any third party, or otherwise commercially exploit the Intellectual Property Elements;
• Reverse compile, reverse engineer, decompile or disassemble any part of the App and of the Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
• Make the functionality of the App and of the Site available to multiple users through any means;
• Access the App or the Site to build a similar or competitive service or application;
• Remove or destroy any copyright notices or other proprietary markings contained on or in the App or the Site.

6.4. We reserve all rights not expressly granted to You under these Terms.

7. User Content and Information

7.1. You are solely responsible for Your User Content. You assume all responsibility associated with the use of Your User Content by You or by third-parties, 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 Terms.

7.2. We are not obligated to backup the User Content and the User Content may be deleted at any time, and, in any case, as soon as Your Account is deleted. You are solely responsible for creating backup copies of Your User Content if You desire

7.3. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use Your User Content. For the avoidance of doubt, to the extent any User Content is inseparably incorporated into, combined with or otherwise inseparably linked to any Intellectual Property Elements, such Intellectual Property Elements shall remain subject to the license granted under article 6.

7.4. 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 Us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, for the duration of copyright protection applicable in each country and any extensions thereof, with the right to grant sublicenses, to represent, reproduce, distribute, display, prepare derivative works, incorporate into other works, and otherwise use Your User Content, namely to display your User Content on the App, the Site or Our social networks accounts and any other communication media.

7.5. 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.

7.6. If You provide Us with any comments or suggestions (the “Information”), You hereby assign to Us all rights in the Information and agree that We shall have the right to use such Information in any manner it deems appropriate. We will treat Information You provide to Us as non-confidential and non-proprietary. You agree that You will not submit to Us any Information or ideas that You consider to be confidential or proprietary.

8. App features

8.1. Use of artificial intelligence features

The App provides access to artificial intelligence features (the “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. The Open AI Terms referenced in these Terms are those in effect as of 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”).

You are solely responsible with Open AI and/or with any third party for any use by You of the AI Features in breach of these Terms and of the Open AI Terms.

8.2. Use of Community Features

The App provides access to community features (the “Community Features”) provided by Octopus Community a French société par actions simplifiée, having its registered office at 14 avenue du Général de Gaulle, 94160 Saint-Mandé, France (“Octopus”).

Your use of the Community Features must comply with these Terms and with the below contractual terms and conditions of Octopus:

• Octopus “Community Terms of Use”: https://www.octopuscommunity.com/terms-of-use-en
• Octopus “Community Guidelines”: https://www.octopuscommunity.com/community-guidelines-en

We may, directly or with Octopus, review and moderate User Content and activity available through the Community Features.

If We determine that User Content or Your activity through the Community Features violate these Terms, applicable law or the Octopus Community Terms of Use and Community Guidelines, We may remove or restrict access to such User Content or activity and suspend or terminate Your Account and Your Access to the Community Features or to the App.

In the event of any conflict or inconsistency between these Terms and the Octopus Community Guidelines or any other contractual document made available by Octopus, including on its website, these Terms shall prevail

9. Term and Termination

9.1. The Terms apply from the date You first agree to be bound to the Terms (as described in the article 1) and will remain in force and effect for an indefinite period, unless earlier terminated in accordance with the Terms.

9.2. We may (a) suspend Your rights to use the App, and/or any features or 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 of the Terms or any applicable law. Without limiting the foregoing, We reserve the right to terminate the Terms with any user, including You, who infringes third party rights upon prompt notification to Us by the right owner or its legal agent. We may decide upon these terminations without prejudice to any damages to which We may be entitled as a result of such non-compliance.

9.3. 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. We have no liability whatsoever to You for any termination of the Terms, including deletion of Your User Content.

10. Indemnity

You agree to defend, indemnify and hold Us harmless (and Our 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 and Community Features, (ii) Your User Content, or (iii) Your violation of the Terms or applicable law. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us. You agree to cooperate with our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

11. Third Parties

11.1. Application Stores

You acknowledge that the Terms are contractual terms governing the relationship between You and Us and not with the 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.

11.2. Third Party Services

We may permit certain third-party applications to provide content through the App (the “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, We will share information with the Third-Party Service as described in Our Privacy Policy. We are not responsible for and does not control Third-Party Services. We provide these Third-Party Services as a convenience to You. We have 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 may 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.

11.3. Other Users

The App may contain User Content provided by other users of the App. We are not responsible for and does not control the User Content. We have 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 We will not be responsible for any liability incurred as the result of any such interactions.

12. Release

You hereby irrevocably and unconditionally release and forever discharge Us (and Our 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 of any Third Party Services, other App 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.”

13. Warranties

13.1. APP AND SITE ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) DO NOT WARRANTY ANY MINIMUM SERVICE QUALITY STANDARDS.

13.2. APP AND SITE ARE COVERED BY THE STATUTORY LEGAL WARRANTIES UNDER THE TERMS SET FORTH IN THE BOX BELOW, IN ACCORDANCE WITH ARTICLE D211-4 OF THE FRENCH CONSUMER CODE.

14. Liability

14.1. We shall be liable only in the event of a failure resulting from a breach attributable exclusively to Us.

14.2. We shall not be liable for any breach of our obligations resulting, in particular, from: (i) the actions of a third party or a breach by You of Your obligations; or (ii) a force majeure event.

14.3. In the event of a breach of Our obligations, we shall be liable to reimburse You only for the amount You actually paid for the use of the App and the Site.

14.4. The Terms are governed by French law and We shall not be held liable in the event of non-compliance with legislations of the country where the App or the Site is used by You, except France. You shall check Your possibility of using the App and the Site in the country You are located.

15. Fees

You agree to pay the applicable fee (to Us or the Application Store) for the use of the App You (if any) and for any in-App purchases (such as virtual currency, in-App products, subscriptions) You make.

16. General

16.1. 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.

16.2. Entire Agreement: The Terms is the final, complete and exclusive agreement of You and Us with respect to the subject matters hereof 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 Us 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 Our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We can 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.

16.3. Right of withdrawal: In accordance with article L221-28 of the French consumer code, the right of withdrawal does not apply to the provision of the App, the supply of which has begun before the end of the withdrawal period.

16.4. Security: Following a security incident or to address threats or vulnerabilities affecting the App or the Site, we may suspend access to the App or the Site.

16.5. Proof: All computer recordings in Our or Our supplier’s information system (log files, etc.) or their reproduction on a computer medium shall, in the event of litigation or legal proceedings, have the value of proof. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

16.6. Personal data: Information regarding our processing of personal data is available in our Privacy Policy: https://dazzly.com/privacy-policy/.

16.7. 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.

16.8. Litigation: IN THE EVENT OF A DISPUTE BETWEEN YOU AND US ARISING OUT OF THE VALIDITY, INTERPRETATION, PERFORMANCE OR NON-PERFORMANCE, INTERRUPTION OR TERMINATION OF THE TERMS, AND IN THE EVENT OF FAILURE TO REACH A PRIOR AGREEMENT, YOU MAY BRING THE DISPUTE BEFORE A CONSUMER MEDIATOR.

IN THE EVENT OF FAILURE OR PERSISTENCE OF A DISPUTE BETWEEN YOU AND US, THE DISPUTE SHALL BE BRINGED BEFORE THE TERRITORIAL JURISDICTIONS WITH COMPETENT JURISDICTION UNDER THE FRENCH CODE OF CIVIL PROCEDURE. IN ADDITION, THE CONSUMERS MAY BRING AN ACTION BEFORE THE COURTS OF THEIR PLACE OF RESIDENCE AT THE TIME THE TERMS OF USE WERE CONCLUDED OR AT THE TIME THE HARMFUL EVENT OCCURRED.

17. Contact

GEODE, a French société par actions simplifiée, with a share capital of 5 000 euros, having its registered office at 6 rue Jean Piccandet 69290 Saint-Genis-Les-Ollières, France, registered under French law with the commercial and companies register of Lyon (France) under number 804 222 172, VAT no. FR78804222172.

If You have any questions or concerns about our Terms, please contact Us at: contact@geode.com

18. Hosting provider

The Site is hosted by OVHcloud, a French société par actions simplifiée, having its registered office at 2 rue Kellermann, 59100 Roubaix, France.

The App's backend services are hosted by Amazon Web Services (AWS), provided by Amazon Web Services EMEA SARL, located at 38 Avenue John F. Kennedy, L-1855 Luxembourg.