Terms of Service

These general terms of use for Leads services govern the relationship between Gravity5, a simplified joint-stock company with variable capital of 150 euros, registered in the Créteil Trade and Companies Register under number 931799880, with registered office at 6bis, rue Jean Mermoz - 94450 LIMEIL-BRÉVANNES, represented by Mr. Yohann MEPA in his capacity as President duly authorized for the purposes hereof, (hereinafter "Gravity5") and the client as identified in the dedicated quote (the "Client") in the context of the provision by Gravity5 to the Client of the services described in the corresponding quote (the "Quote"). Validation by the Client of the Quote implies full and complete acceptance of the terms of these general terms of use in their entirety. Gravity5 and the Client are hereinafter collectively referred to as the "Parties" and individually as a "Party".

The Contract governs (i) access by the Client to the promotional game creation service (e.g., lotteries, contests...) (an "Operation"); (ii) use of the Leads product (https://leads.games) published by Gravity5 ("Leads"); and (iii) all services offered by Gravity5 via the site https://leads.games (together the "Services"), according to the Services to which the Client has subscribed, as referred to in a corresponding quote.

2.1. Authorized Users – Access to Leads This access right is strictly personal and requires prior identification (Google/Facebook Account or simple Email to a client account). The Client undertakes to promptly inform Gravity5 of any unauthorized access, whether effective or suspected, to a login, password and/or Leads. Any action carried out via a login assigned to the Client or one of its users will be deemed to have been carried out by the Client, unless it has previously declared the login concerned as having been lost or stolen, thus allowing Gravity5 reasonable time to deactivate said login. 2.2. Content Gravity5 is authorized to use all elements provided by the Client (such as graphics, drawings, texts, sounds, animated or non-animated images), brands, distinctive elements and commercial documents whose intellectual property rights belong to the Client (hereinafter referred to together or separately as the "Content"), when necessary for the performance of its obligations under the Contract. In this context, Gravity5 undertakes to respect any guidelines communicated to it prior to its use of the Content. The Client warrants that it is fully entitled to all rights and authorizations relating to the Content it provides to Gravity5. In this regard, the Client warrants and holds Gravity5 harmless from any damage, conviction, costs or expenses relating to any request, action and/or claim made against Gravity5 and based on the Client's infringement of any third party rights. Similarly, the Client warrants that the Content has no illegal, threatening, humiliating, defamatory, obscene, hateful, pornographic or blasphemous character, or any other message that could constitute a crime or misdemeanor, engage civil liability, violate legislation or incite to do so, or content that could be used for any purpose contrary to law or the Contract. 2.3. Operations - The Client alone determines the implementation conditions for each operation in autonomous use of Leads. As the service is intended to handle the technical aspects of operations, the Client acknowledges and accepts that it is solely responsible for the use of content within the operation as well as messages broadcast as part of the operation and prizes offered to winners and the intervention of a bailiff or not. Or - The Client chooses agency mode per operation. Gravity5 manages the implementation as well as the operating rules of the game(s) determined in advance by the client. At their request and beforehand, the client may be accompanied by a bailiff to settle game disputes if they deem it necessary.

The Contract comes into force from its signature by all Parties, for the Contractual Period as defined in the corresponding Quote.

The amounts due by the Client in exchange for the Services and the related payment conditions are specified in the corresponding Quote. Invoices are issued monthly, payable in euros within the maximum period stated on the invoice and according to the payment method defined in the Quote. The Client is solely responsible for payment of all amounts due for the Services. In the absence of full payment within this period: (i) any unpaid amount will automatically bear interest on a daily basis until the date of its full payment in principal, interest, costs and accessories, at a rate equal to three (3) times the legal interest rate in force, without any prior formality, and without prejudice to damages that Gravity5 reserves the right to seek judicially; (ii) Gravity5 reserves the right, at its sole discretion with or without notice, to suspend the performance of all or part of the current or future Services, until full payment of the amounts due; (iii) all costs incurred by Gravity5 for the recovery of amounts due will be borne by the Client, including bailiff fees, legal costs and attorney fees, said costs cannot in any case be less than the fixed compensation referred to in Article L. 441-6 I 12e of the Commercial Code, amounting to forty (40) euros; and (iv) all amounts remaining due to Gravity5 by the Client under the Contract become immediately payable.

Gravity5 grants the Client a personal, non-exclusive, non-transferable and non-assignable right, for the geographic territory specified in the Quote and for the duration of the Contract, to use Leads for its internal needs under the conditions and limits specified in the Contract. As part of its right to use Leads, the Client unreservedly undertakes not to: Copy the Leads application service or Leads elements, in any way whatsoever; Analyze, or have analyzed by a third party, in the sense of observing, studying and testing, the operation of Leads in order to determine the ideas and principles on which the program elements are based when Leads performs loading, display, execution, transmission or storage operations; Decompile, disassemble Leads, practice reverse engineering or create derivative works from Leads or attempt to discover or reconstruct the source code, the underlying ideas, algorithms, file formats or programming or interoperability interfaces of Leads except within the limit of the right granted by Article L. 122-6-1 of the Intellectual Property Code, in any way whatsoever. In the event that the Client wishes to obtain information enabling the implementation of Leads interoperability with other software, the Client undertakes to request this information from Gravity5, which may provide the necessary information to the Client, subject to payment by the latter of associated costs; Modify, improve, translate Leads, including to correct bugs and errors, Gravity5 exclusively reserving this right in accordance with Article L. 122-6-1 I 2° of the Intellectual Property Code; Provide services to third parties, free of charge or for a fee, which are based on In particular, the Client is prohibited from operating advertising campaigns on behalf of a third party; and/or integrating, processing, using and/or segmenting third party data; and/or granting access, total or partial, to Leads, particularly in the form of a bureau service, ASP, PaaS or SaaS; Transfer, rent, sub-license, assign, pledge, or transfer all or part of the ownership of Leads in any way whatsoever Leads may integrate third-party software that will be used by the Client only in relation to Leads and will never be used in any other way without the prior written agreement of Gravity5.

6.1. Legality of Operations The Client declares and warrants that the Operations will be operated in accordance with applicable legislation and, in particular that they (i) will not be contrary to rules applicable in matters of consumer protection and sales promotion, (ii) will not infringe the rights of third parties; and (iii) cannot be assimilated to a game of chance. In this regard, the Client warrants Gravity5 against any action, claim and/or claim based on the illegality, in whole or in part, of one or more Operation(s). 6.2. Use of Robots The Client undertakes, for any reason whatsoever, not to use, in relation to Leads, any Robot. Is considered a "Robot", any software tool (such as Loadrunner, Winrunner, Silk performer, Rational Robot, QALoad and WebLOAD) designed to automatically emulate the actions of a human user used for data entry, data migration, load testing, performance testing, performance monitoring, performance measurement and/or "stress testing". The Client warrants and holds Gravity5 harmless from all damages, losses, actions, expenses, convictions or costs (including any compensation awarded to a third party, particularly Gravity5 clients) related to unavailability, a production incident or any other technical difficulty occurring at a time when the Client is using a Robot. 6.3 Proper Contract Execution The Client undertakes to: Cooperate in good faith to facilitate Gravity5's interventions, particularly by communicating all relevant or requested information within a timeframe allowing Gravity5 to fulfill its obligations; Provide Gravity5, at its request, with all information and other elements required for the provision of Services. In addition, when necessary, it undertakes to provide access to its premises, as well as the means necessary for the provision of Services, to a reasonable extent (workstation, telecommunications means, etc.); Assist Gravity5 in the context of Service provision, through its qualified, competent personnel; Perform backups of all its data, prior to any Gravity5 intervention and whenever it deems necessary. Gravity5 cannot in any case be held responsible for data loss suffered by the Client if the Client has made a poor manipulation on the tool (deletion of an operation, reset, etc...); Comply with applicable legislation in conducting its activity (particularly content it publishes and/or distributes) and in particular to comply with the provisions of Law No. 2004-575 for confidence in the digital economy of June 21

Rights attached to Leads The Client acknowledges that Leads, including all patches, workarounds, updates, upgrades, improvements and modifications made available to the Client, as well as all trade secrets, copyrights, patents, trademarks, trade names and other intellectual property rights remain at all times the full and exclusive property of Gravity5 and that none of the provisions of the Contract shall be interpreted as any transfer of any of these rights to the benefit of the Client. Any idea, know-how or technique that may have been developed by Gravity5 is the exclusive property of Gravity5. Gravity5 may, at its sole discretion, develop, use, market and license any element similar to or related to developments made by Gravity5 for the Client. Gravity5 has no obligation to reveal any idea, know-how or technique that may have been developed by Gravity5 and that Gravity5 considers confidential and its property. As part of a graphic service, the Client may recover the graphic source files used to carry out this service, Gravity5 agreeing to transfer the rights. The Client will be within their rights to use them again without prior agreement from Gravity5.

Gravity5 declares that it holds all intellectual property rights relating to Leads and that Leads does not constitute any violation of third party rights, particularly counterfeiting of a pre-existing work. Consequently, Gravity5 warrants the Client against any action, claim, claim or opposition from any person invoking an intellectual property right or an act of unfair and/or parasitic competition in France, provided that Gravity5 is notified by the Client of such action. Gravity5 will be solely authorized to have control of any defense and/or any transaction in the context of such action.

Unless expressly stipulated otherwise, Gravity5's obligations under the Contract are obligations of means. Gravity5 can only be held liable for direct and foreseeable damages within the meaning of Articles 1231-3 and 1231-4 of the Civil Code caused by Gravity5's breach of its obligations under the terms of the Contract. It is expressly agreed between the Parties that Gravity5 cannot be held responsible for any lost profit; destruction or alteration of files or data loss of turnover or profit; loss of customers; loss of opportunity; loss in terms of image or reputation; any cost for obtaining a substitute product, software, service or technology; or any technical difficulty in routing a message via the internet. Gravity5 will in no case be responsible for damages that would result from the Client's non-compliance with its obligations.

10.1 Processing of Client Data Gravity5 processes data communicated by the Client (the "Client Data") on behalf of the Client in order to provide it with Services. The Client undertakes as part of the Contract execution to: Integrate in Client Data only information strictly necessary for the proper execution of Services by Gravity5 and for the Client's conduct of its promotional game operations; Document in writing any instruction concerning the processing of Client Data by Gravity5; Comply with the provisions of Law No. 78-17, the GDPR, the LCEN and more generally with applicable regulations in all countries in which the Client distributes promotional game operations; Supervise the processing of Client Data, including by carrying out audits according to procedures previously defined with It is the Client's responsibility to provide all relevant information to persons concerned by processing operations at the time of data collection. Gravity5's commitments: Gravity5 undertakes to take and maintain all useful measures, and in particular appropriate technical and organizational measures, to preserve the security and confidentiality of personal data entrusted to it by the Client for the provision of Services, in order to prevent them from being distorted, altered, damaged, disseminated or unauthorized persons having access to them. Gravity5 undertakes to ensure that persons authorized to process personal data on its behalf: undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality; receive the necessary training in personal data protection In all cases, Gravity5 undertakes to comply with applicable legal provisions relating to processing conditions and/or the destination of data that has been communicated to it by the Client or to which it will have access as part of Service provision. Gravity5 is prohibited from any use of Client Data or any resale or transfer of data that has a strictly confidential nature unless the data used by Gravity5 cannot at any time identify a Client's customer and provided that this data is used to produce anonymous statistics. 10.2. Suppliers – Service Providers – Subcontractors Throughout the duration of the Contract, Gravity5 will be free to use any suppliers, service providers and/or subcontractors of its choice. In this context, Gravity5 will remain, under the conditions set out in the Contract, responsible for the provision of Services. 10.3. Contract Modification The Contract may only be modified by mutual agreement between the Parties, by written amendment, signed by an authorized representative of each Party. 10.4. Waiver The fact that either Party does not exercise any of its rights under these terms shall not constitute a waiver on its part to exercise them, such waiver can only result from an express declaration by the Party concerned.

The Contract is subject to French law. In case of dispute that cannot be settled amicably, the competent court will be the Commercial Court of Créteil (94). Gravity5 6bis, rue Jean Mermoz 94450 LIMEIL-BRÉVANNES contact@gravity5.pro