BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS - PLEASE READ THEM CAREFULLY.


USERS MUST TAKE THE TIME TO READ THESE T&CS TO THE EXTENT THAT ANY BREACH OF THEM WHEN USING “IYOO” COULD ENGAGE THEIR RESPONSIBILITY.


IT IS IMPERATIVE THAT YOU BE at least 18 years or older or the legal age required in the country of your nationality to enter into a contract as a “CONTENT CREATOR”.







The website www.iyoo.io is published and marketed by the Company TCHAKS GROUP, SAS with share capital of 10,000,000 dollars registered with the DELAWARE RCS under the number ………….. and whose head office is located at 1111B S Governors Avenue - #6828 - Dover, DE 19904.

The purpose of these general conditions of use is to define the terms and conditions under which TCHAKS GROUP, in its capacity as publisher, makes the site www.iyoo.io and the services and data available on the site available to Users. as well as the conditions of access and use of the Social Network services by Members (hereinafter referred to as the “CG” or the “General Conditions”).

Any connection to the site “www.iyoo.io” and any maintenance on the platform is subject to compliance with these T&Cs.

Non-compliance with these T&Cs may result in legal consequences for the User, particularly in the event of violation of the intellectual property rights of IYOO or a third party.




I - DEFINITIONS


The content monetization platform: This is the site www.iyoo.io

IYOOnaute: Any registered user, whether a Professional or an Individual.

User Account: any account opened following the registration of an Individual User.

Creator Account: user account, reserved for content creators, with extended functionalities.

Advertisement: designates all elements and data (visual, audio, photographs, etc.), published on IYOO by a Professional under his editorial responsibility, with a view to selling or offering a product/service

Campaign: a campaign allows the promotion of a professional post occasionally and in a “suggested publication” insert to all Users registered on IYOO. A Campaign on IYOO can be purchased individually or by subscription.

Messaging: designates the messaging system made available to Individual Users allowing their communication by exchange of private messages that only they can consult. This Messaging is only accessible to Users with an IYOO Personal Account.

Subscription: subscription allowing Content Creators to offer exclusive content to subscribers who have subscribed to a plan.

Contract: these General Terms and Conditions accompanied, where applicable, by the applicable special conditions.

Services: all services offered on YOO, in particular subscription services and one-off promotional campaigns, whether free or paid.

Posts: all elements published on the Social Network by Users; whether information or promotional content, whatever their form (videos, images, text, sound, etc.)

Content: refers to any material uploaded to IYOO by any User, including any photo,

video, audio (e.g. music and other sounds), data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material;

Creator: designates a User who has configured their IYOO account as a Creator account to publish Content so that it can be seen by other Users;

Subscriber: designates a User who follows a Creator and who is able to view the Creator's Content;

Subscriber/Creator Transaction: means any transaction between a Subscriber and a Creator on IYOO by which access is granted to the Creator's Content, including in one of the following ways: (i) a Subscription, (ii) payments made by a Subscriber to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live streams), and (iii) the Subscriber's use of the Subscriber interaction feature on the account of a Creator;

Subscriber Payment: means all payments made by a Subscriber to a Creator (i) as part of a transaction between a Subscriber and a Creator, or (ii) as a tip for a creator;

Referring User: designates a User who participates in the IYOO sponsorship program;

Standard Contract between Subscriber and Creator: means the terms that govern each Fan/Creator Transaction, which can be found here;

Subscription: designates the subscription of a Subscriber to the account of a Creator.




1. PURPOSE OF THE GENERAL CONDITIONS


For The purpose of the CGU is to determine the conditions of use of the IYOO platform made available to Users via the site www.iyoo.io.

By these T&Cs, TCHAKS GROUP informs the User about the nature of the platform, its purpose, and the rights and obligations of the parties to these T&Cs.

The titles of these T&Cs are given for information purposes only and cannot under any circumstances be used to discuss the meaning to be given to a clause.

If a clause of these T&Cs were to be canceled, this would not result in the consequent cancellation of all of the T&Cs. Only the illegal clause will be canceled.



The User undertakes to respect these conditions of use of the Site.




A. Use of the platform


The IYOOnaute is informed that the use of the internet network does not guarantee the secrecy of correspondence; it is up to him to take all appropriate measures to protect his own data and/or tools.

The user undertakes to respect the integrity of IYOO and is prohibited from hindering or forcing its operation, from modifying, altering or fraudulently deleting the accessible content and from fraudulently introducing data.

Consequently, TCHAKS GROUP:

- cannot be held responsible for any damage that could possibly be suffered, during a visit to the platform, by the user's technical environment and in particular, their computers, software, network equipment (modems, telephones, etc...) and any other material used to access or use the service and/or the information.

- Cannot be held responsible in the event of misuse of the platform by the user.

- Can under no circumstances be held responsible for the reliability of the transmission of data,

access time, possible access restrictions on the internet network or the networks connected to it.

- Cannot be held responsible in the event of interruption of IYOO access networks, total or partial unavailability of the platform resulting in particular from the telecommunications operator, in the event of a transmission error or problems related to security transmissions, in the event of failure of the receiving equipment or telephone line.

We may make other changes to any part of the Terms and Conditions, and we will give you reasonable notice of such changes directly on IYOO, and you may contact us to terminate your agreement with us before the changes take effect. Once the updated Terms are in effect, you will be bound by them if you continue to use IYOO.

We may make changes to, suspend or withdraw IYOO: We may update and modify IYOO from time to time for any reason, including to reflect changes to our services, User needs and business practices or to improve performance, enhance functionality, or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that any content contained therein will always be available or accessible without interruption. We may suspend, withdraw or restrict the availability of all or part of IYOO for commercial or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.




B. Registration for IYOO:


To use IYOO, you must first register and create an IYOOnaute account. You must provide a valid email address, username and password or authenticate using a valid Facebook or Google account. Your password must be unique and must comply with the platform's technical requirements for password composition.



To register as a User:



a. you must be at least 13 years old to be a Subscriber, and 18 years and over to have a Creator account. You will be asked to confirm this;

b. if the laws of the country where you live provide that you can only be legally bound by a contract with us at an age above 13, then you must be old enough to be legally bound by a contract with us under the laws the country where you live;

vs. you must be authorized by the laws of the country where you are located to join IYOO and view any Content available therein and use any functionality provided therein.

d. you must provide any other information or verification documents that we require.

If you do not meet the above requirements, you must not access or use IYOO.

Free services:

Several free services are offered to all IYOO Users:

Creating a User account

The User Account allows the User to publish the Posts they wish as long as they are related to the purpose of the Social Network and comply with these General Conditions. Their contribution may, however, be deleted after reporting it by another user, if it appears illicit or contrary to the General Conditions.

Connecting with other users

This service allows Users to ask their questions to other Users, who will be free to answer them or not.

Private messaging

This service allows connected Users to exchange private messages, in compliance with these General Conditions and current law.

The ability to add other Users

Each User can add another User by clicking on the “Add” button in their profile. He will thus have access to his news feed and will be informed of the latest news posted.

He will thus be able to share the Posts from his news feed in turn.

The User will also be able to save their favorite Posts and manage their backups, by deleting them after a certain time for example.




Your commitments to us


When you register and use IYOO, you make the following commitments to us:

has. If you previously had an account with IYOO, you confirm that your former account was not terminated or suspended by us because you violated any of our terms or policies.

b. You will ensure that all information you submit to us is true, accurate and complete.

c. You will promptly update any information you submit to us as it changes.

d. You consent to receive communications from us electronically, including by email and messages posted to your IYOO account, and to the processing of your personal data as more fully detailed in our Privacy Policy.

e. You will keep your account/login details confidential and secure, including your user details, passwords and any other pieces of information that are part of our security procedures, and you will not disclose them to anyone other. You will promptly contact [email protected] if you believe that someone has used or is using your account without your authorization or if your account has been subject to any other security breach. You also agree to ensure that you log out of your account at the end of each session, and to take particular care when accessing your account from a public or shared computer, so that others cannot access, view or record your password or other personal information.

f. You are responsible for all activity on your account, even if, contrary to the Terms of Use, another person uses your account.

g. You will fully comply with these Terms of Use for all users, our Acceptable Use Policy and all other parts of the Terms of Use that apply to your use.





C- Rights available to us, including the right to suspend or terminate your account:


a. We may, but are not obligated, to moderate or review your Content for compliance with the Terms of Service and any applicable laws.

b. Our policy is to suspend access to any Content you post on IYOO that we become aware may not comply with the Terms of Use and any applicable laws, while we investigate the non-compliance or the suspected illegality of such Content. If we suspend access to any of your content, you may request a review of our decision to suspend access to the affected content by contacting us at [email protected].

Following our investigation into the alleged non-compliance or illegality of the affected content, we may take any action we deem appropriate, including reinstating access to the content or permanently removing or disabling access to the affected content without having to obtain your consent and without informing you first. You agree to provide us promptly and at your expense with all reasonable assistance (including providing us with copies of any information we request) in connection with our investigation. We will not be liable for any loss suffered by you resulting from the suspension of access to your content or from any other action we take in good faith to investigate any suspected non-compliance or illegality of your content in under this article.

c. If we suspend access to or delete your Content, we will notify you by email or electronic message to your IYOO account, but we are not required to notify you in advance of such deletion or suspension.

d. We reserve the right, in our sole discretion, to terminate your contract with us and your access to IYOO for any reason by giving you 30 days' notice via email or electronic message to your account IYOO. We may also suspend access to your user account or terminate your agreement with us and your access immediately and without notice:

if we believe that you have or may have seriously or repeatedly breached any part of the Terms of Use, or if you attempt or threaten to breach any part of the Terms of Use in a way that has or may result in consequences serious for us or another User; Or

If you take any action which, in our opinion, has caused or is reasonably likely to cause loss to us or which damages IYOO's reputation.

If we suspend access to your user account or terminate your agreement with us and your access to IYOO, we will let you know. During any period that access to your user account is suspended, any Subscriber payments that would otherwise have been due during the suspension period will be suspended, and we may withhold any or all Creator earnings owed to you but which have not yet been paid.

e. Upon termination of your account, we may treat your Content as appropriate in accordance with our Privacy Policy and you will no longer have the right to access your Content. There is no technical way on IYOO to allow you to access your Content after your account is terminated.

f. We may investigate any suspicion or allegation of misuse, abuse, or illegal use of IYOO and cooperate with law enforcement agencies in such investigation.

g. We may disclose any information or records in our possession or control relating to your use to law enforcement agencies in connection with an investigation of suspected or suspected illegal activity, to protect our rights or our legal interests, or in response to legal process.

h. We may change the third party payment providers used to process payments on IYOO and if we do so, we will notify you and store the applicable details in your IYOO account.

i. Except for the Content (which is owned by or licensed to the Creators), all rights to IYOO and all of its content, features, databases, source code and functionality are owned by us and/or our licensors. This material is copyrighted and may be protected by trademark, trade secret and other intellectual property laws.

j. We are the sole and exclusive owners of all anonymous data relating to your use of IYOO and such anonymous data may be used by us for any purpose, including commercial, development and research purposes.





D- What we are not responsible for:


We will use reasonable care and skill in providing IYOO to you, but there are certain things for which we are not responsible, as follows:

a. We do not authorize or endorse Content on IYOO, and the opinions expressed by Creators or Subscribers on IYOO do not necessarily represent our opinions.

b. We do not grant you any rights in relation to the Content. Such rights can only be granted to you by the Creators.

c. Your Content may be seen by people who recognize your identity. We will not be liable to you in any way if you are identified from your Content. Although we may, from time to time and in our sole discretion, offer certain geolocation technologies on IYOO, you understand and agree that we do not guarantee the accuracy or effectiveness of these technologies, and you will have no claim against us arising from your use of or reliance on geolocation technology on IYOO

d. All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or edit Content that is stored or transmitted via IYOO. We have no obligation to monitor the Content or detect violations of the Terms of Use.

e. You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from any other IYOO User and that if you choose to do so, you do so entirely at your own risk.

f. We make no promises or guarantees of any kind that Creators or Referring Users will earn any particular amount of money from their use of IYOO.

g. The materials we make available on IYOO to Users are intended for general information only. We make no promises or warranties as to the accuracy or otherwise of these materials, or that Users will obtain any particular result from the use of these materials.

h. We do not promise that IYOO is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access IYOO. You must use your own virus protection software.

i. We are not responsible for internet availability, or any errors in your connections, device or other equipment, or software that may arise in connection with your use of IYOO.

j. Although we try to ensure that IYOO is secure and free of bugs and viruses, we cannot promise that it will be and we have no control over the Content that is provided by Creators.

k. We are not responsible for the loss, theft, or compromise of user accounts, passwords, email accounts, or any unauthorized activity or any resulting unauthorized payment or withdrawal of funds.

L. You acknowledge that once your Content is published on IYOO, we cannot control and will not be liable to you for the use that other Users or third parties make of that Content. You may delete your account at any time, but you acknowledge that deleting your account will not in itself prevent the circulation of any of your Content that has been recorded by other Users in violation of the Terms of Use or by third parties before deleting your account.





E- Intellectual property rights - ownership and licenses:


a. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights in your Content that are required to grant licenses relating to your content to us and other users. This includes all rights required to engage in any territory in which IYOO is accessible.

b. You agree to grant us a license to all of your Content to do any act limited by any intellectual property right (including copyright) in that Content, for any purpose reasonably related to the provision and operation of IYOO. These acts include the reproduction, making available and communication to the public, display, performance, distribution, translation and creation of adaptation or derivative works of your Content, as well as any other related activity to your Content.

c. The license you grant to us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license continues even after your contract with us ends and you stop using IYOO, that we do not have to pay you for the license, and that we can sublicense your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text and watermarks to your Content, to make your Content available to other IYOO Users, as well as to use your Content for other normal operations of IYOO. We will never sell your Content to other platforms, although we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.

d. Although we do not own your content, you grant us the limited right to submit notices of infringement (including copyright or trademark infringement) on your behalf to any third party website or service that hosts or processes content. infringing copies of your content without your authorization. Although we are not obligated to do so, we may at any time submit or remove such notice to any third-party website or service when we believe it is appropriate to do so. However, we are not and have no obligation to monitor your content for infringement. You agree that, if requested by us, you will provide us with all consents and other information that we reasonably require to submit infringement notices on your behalf. Please see our Complaints Policy for instructions on how to file a complaint for intellectual property rights infringement.

e. You waive any moral rights you may have under any applicable law to object to the derogatory treatment of any Content you have posted on IYOO. This waiver does not in any way affect your ownership of the intellectual property rights in your Content or the rights you have to prevent your Content from being copied without your authorization. The waiver is intended to allow us, when processing your Content, to add watermarks, stickers or text to your Content.





F- Twitter:


Users have the option to connect an active Twitter account to their IYOO account and share certain Content as IYOO posts on Twitter using the share function. If you use this feature, you must fully comply with Twitter's terms of service in effect for any Content shared in this manner.




G- Links to and from IYOO:


a. Links to IYOO:

You may link to IYOO's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest some form of association, approval or support on our part.

If you are a Creator, when you promote your Creator account, you must comply with our Terms of Use and the terms of use of any other website on which you link to or promote your Creator account. promotion. When promoting your Creator account, you must not impersonate IYOO or give the impression that your Creator account is promoted by us if this is not the case. You must not promote your IYOO account using Google Ads or any other similar advertising platform or search engine advertising service.

b. Links from IYOO: If IYOO contains links to other sites and resources provided by third parties, these links are provided for your convenience only. These links should not be construed as an endorsement by us of those linked websites or the information you may obtain there. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to IYOO, you do so entirely at your own risk and subject to the terms of use for such websites.

c. Domain Names: In certain cases, IYOO may allow Creators to register or use domain names that contain the IYOO trademark or a confusingly similar term. However, you will not register such a domain name unless:

The domain name is registered by the Creator.

The domain name redirects to the Creator's IYOO profile. Domain names containing the IYOO trademark or a confusingly similar term must not direct to any other website, including link aggregators.

The Creator obtains prior written authorization from IYOO and signs a license agreement.

If you wish to register a domain name containing the IYOO trademark or a confusingly similar term, please contact [email protected] Failure to comply with these provisions or the license agreement will be considered a breach of the agreement license and may result in IYOO filing a domain dispute against the licensee.





H- How can I delete my account?


If you wish to delete your IYOO account, you can do so in the "My Page" section of your IYOO account.

has. If you are a Subscriber, your account will be deleted within a reasonable time after your request.

b. If you are a Creator, once you initiate the "delete account" process, your account will remain open until the last day of your Subscribers' paid subscription period, after which you will receive your final payment and your account will be deleted.

c. If you are both a Subscriber and a creator, your account will be deleted in two steps (subscriber first, creator second).

d. Once your account is deleted, you will no longer be billed or have access to your old IYOO account or its content, and all subscriptions will be deleted and cannot be renewed thereafter. You will receive an email confirming the deletion of your account. Once your account has been deleted, we may treat your Content as appropriate in accordance with our Privacy Policy (including deleting it) and you will no longer have the right to access your Content. There is no technical way on IYOO to allow you to access your Content after deleting your account.





I- Who is responsible for the losses or damages you suffered?


a. Whether you are a Subscriber or a Creator: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.

b. If you are a Consumer User: If you are a Consumer User, you agree that:

We and our affiliates, employees, owners, representatives and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity or loss of anticipated savings incurred by you arising out of or in connection with your use of IYOO.

If you are a Consumer User, our total liability to you for claims arising from or relating to your agreement with us will be limited to EUR 200 per claim.

c. If you are a Creator: If you are a Professional User, you agree that:

We and our affiliates, employees, owners, representatives and agents:

Exclude (to the extent permitted by law) all implied conditions, warranties, representations or other terms which may apply to IYOO or any content on it. This means that if the Terms of Use do not expressly include a promise or commitment on our part, then a promise or commitment cannot be implied by law;

We will not be liable to you for any loss or damage suffered by you which is not a foreseeable result of our breach of the Terms of Use or our failure to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will occur or if, at the time you agreed to the terms of use, you and we knew that it might occur;

Will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if it is foreseeable, arising from or in connection with:

Your inability to use IYOO or any of its services, features or programs; Or

Your use of or reliance on any content (including Content) stored on IYOO;

Will not be liable to you for any:

1. loss of profits;

2. loss of sales, business or income;

3. business interruption;

4. loss of anticipated savings;

5. loss of business opportunity, goodwill or reputation;

6. loss of data or information, including any content; Or

7. indirect or consequential loss or damage;

will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data or any other proprietary material due to your use of IYOO or any of its services, features or programs, or due to your downloading of any material posted on this site, or on any website linked to it;

will not be liable to you if your Content is copied, distributed, reposted elsewhere or if its copyright is infringed by another User or third party;

will not be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);

will not be liable to you for any failure or delay by us in complying with any part of the Terms of Use arising from events beyond our reasonable control. In the event of our failure or delay in complying with any part of the Terms of Use arising from an event

beyond our reasonable control, we will contact you as soon as possible to notify you and we will take steps to minimize the effect of the delay.

Our total liability to you for any claim arising out of or relating to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the greater of :

100% of the total fees you paid to us in connection with your use of IYOO.





J- General: You accept that:


a. If any aspect of your agreement with us is unenforceable, the remainder will remain in effect.

b. If we fail to enforce any aspect of your agreement with us, this will not constitute a waiver;

c. We reserve all rights not expressly granted to you.

d. No implied license or other rights are granted to you in connection with any part of IYOO except as expressly stated in the Terms of Use.

e. You may not transfer your rights or obligations under your contract with us without our prior written consent.

f. Our rights and obligations under your contract with us may be assigned or transferred by us to others. For example, this could happen if our ownership changes (such as in the case of a merger, acquisition or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your contract with us to a third party, but we will remain responsible to you for the performance of those obligations.

g. The Terms of Use constitute the entire agreement between us and you regarding your access to and use of IYOO, and supersede all prior oral or written agreements or arrangements between us and you.





K- Conditions relating to disputes


The law that applies to your agreement with us and where disputes and claims relating to your use of IYOO (including those arising out of or relating to your agreement with us) may be brought:

has. For Subscribers):

- Right :

If you are a Subscriber, your agreement with us is governed by United States law:

will apply to (i) any claim you have arising out of or relating to your agreement with us or your use of IYOO, and (ii) any claim we have against you which arising out of or relating to your agreement with us or your use of IYOO (including, in either case, non-contractual disputes or claims). You can also rely on the mandatory rules of the law of the country where you live.

Where claims should be submitted:

If you are a Subscriber residing in Africa, any claim you or we have arising out of or in connection with your contract with us or your use of IYOO (including, in either case, non-contractual disputes or claims) may be brought before the courts of the country where you live.

If you are a subscriber residing outside of Africa, any claims you or we have arising out of or in connection with your contract with us or your use of IYOO (including, in either case, disputes or claims non-contractual) must be brought before the courts of the United States.





b. For Creators and Referral Users:


- Right :

If you are a Creator, your contract with us is governed by French law and French law will apply to (i) any claim you have arising out of or in connection with your contract with us or your use of IYOO, and ( ii) any claim we have arising out of or in connection with your contract with us or your use of IYOO (including, in either case, non-contractual disputes or claims), without regard to conflict of law provisions.

Business users – where complaints should be submitted:

If you are a Creator, you and we agree that the courts of France will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) that you or we have, arising out of or in connection with your contract with us (including its subject matter or formation) or your use of IYOO.





c. Limitation period for lodging claims:


Unless prohibited by applicable law, any claim or cause of action you have with respect to IYOO (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date you learned of the facts giving rise to the cause of action (whichever is earlier), or be forever barred.




L-Other conditions which form part of your agreement with us:


These Terms of Use for all Users govern your agreement with us. Certain other terms or policies that form part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:

has. Terms of Use for Subscribers - which contain additional terms that apply if you use IYOO as a Subscriber;

b. Terms of Use for Creators - which contains additional terms that apply if you use IYOO as a Creator;

c. Privacy Policy - which applies to all Users and tells you how we use your personal data and other information we collect about you;

d. Acceptable Use Policy - which applies to all Users and tells you what you can and cannot do on IYOO;

e. Referral Program Terms – which describe the terms that apply if you participate in the IYOO Referral Program;

f. Complaints Policy - which sets out the procedure for making a complaint about any aspect of IYOO, and how we will deal with that complaint;

g. Business Platform Rules Terms – which contain additional terms that apply to Creators who are established or resident in Africa;

h. Our Community Guidelines - which provide additional terms and guidance regarding your interactions with IYOO.

If there is a conflict between these Terms of Use for All Users and any of the terms or policies above, the Terms of Use for All Users will apply to the extent of the conflict.





M- Dispute resolution


In the event of a dispute, the parties undertake to make their best efforts to resolve the dispute amicably. If no arrangement can be found within two (2) months following the occurrence of the dispute, the most diligent of the parties may refer the matter to the competent court.




II- TERMS OF USE FOR FANS



BY USING OUR WEBSITE AS A SUBSCRIBER, YOU AGREE TO THESE TERMS – PLEASE READ CAREFULLY.


1. Introduction:


These Fan Terms are additional terms that apply if you use IYOO as a fan (also referred to as “you” and “your” in these Subscriber Terms). These terms of use for Subscribers form part of your contract with us.



2. Interpretation:


In these Terms of Use for Subscribers, defined terms have the same meaning as given to them in the Terms of Use for all users. Furthermore :

a. “VAT” means value added tax and any other tax imposed in addition to or in lieu thereof at the rate imposed from time to time and any equivalent or similar governmental, state, indirect tax, charge, duty, imposition or levy. federal, provincial or municipal in any other jurisdiction; And

b. “Tax” includes all forms of statutory, governmental, state, federal, provincial, local or municipal taxes, charges, duties, imposts, contributions, levies, withholdings or obligations, where whether they are due and whether they come from France or any other jurisdiction.




3. Other terms that will apply to your use of IYOO:


The following terms will also apply to your use of IYOO and you accept them:

a. Our terms of use for all users;

b. Our Privacy Policy - which tells you how we use your personal data and other information we collect about you;

c. Our Use Policy which tells you what you can and cannot do on IYOO;

d. Our Complaints Policy - which sets out the procedure for making a complaint regarding any aspect of IYOO, and how we will deal with that complaint;

e. The Standard Contract between Subscriber and Creator which is not part of your agreement with us, but which governs and defines the terms applicable to each Subscriber/Creator Transaction you enter into on IYOO; And

f. Our Community Guidelines - which provide additional terms and guidance regarding your interactions with IYOO.




4. Other terms that may apply to your use of IYOO:


The following additional terms may apply to your use of IYOO:

a. If you are also a Creator, the Terms of Service for Creators will apply to your use of IYOO as a Creator;

b. If you are a Creator established or residing in the European Union, the Business Platform Regulatory Terms will also apply to you; And

c. If you participate in the IYOO Referral Program, the Referral Program Terms will apply to your use of the IYOO Referral Program.




5. Your commitments to us:


You warrant (meaning you make a legally enforceable promise) that:

a. you are at least 18 years old;

b. if the laws of the country where you live provide that you can only be legally bound by a contract at an age above 18, then you are old enough to be legally bound by a contract under the laws of the country where you live ;

c. you will provide other information or verification documents that we request.

d. you are authorized by the laws of the country where you are located to join IYOO and view any Content available therein and use any functionality provided therein; And

e. you have the ability and willingness to make payment (if necessary) to view the Content available on IYOO that you wish to view and to use any functionality provided by IYOO that you wish to use.




6. Content - general conditions:


In addition to the terms set out elsewhere in the Terms of Use, the following terms apply to Content posted, displayed, uploaded or published by you as a Subscriber on IYOO:

a. You warrant (meaning you make a legally enforceable promise to us) that for each item of Content you post, display, upload or publish on IYOO:

i. the Content fully complies with the Terms of Use;

ii. you own your Content (and all intellectual property rights therein) or you have a valid license to your Content; And

iii. if your Content includes or uses any third party materials, you have obtained all rights, licenses, written consents and releases necessary for the use of that third party's property in your Content and for the subsequent use and exploitation of such Content on IYOO.

b. You agree to be liable to us and to indemnify us if any of the warranties in these sections are untrue. This means that you will be responsible for any loss or damage we suffer as a result of any false guarantee.

c. We are not responsible for and do not endorse any aspect of any Content posted by you or any other IYOO User. We have no obligation to monitor any Content and have no direct control over what your Content may include.




7. Adult Content:


It is strictly prohibited to publish or offer for sale adult content on IYOO. All adult content published or offered for sale will be subject to direct deletion after reporting. We will not be liable if you suffer any loss or damage arising from your accessing or viewing Content containing adult content in a way that places you in breach of any contract you have with a third party (for example, your employment contract) or in violation of any applicable law.



8. Subscriptions and purchases by Subscribers:


this section describes the terms that apply to transactions between Subscribers and creators:

a. All Subscriber/Creator Transactions are contracts between Subscribers and Creators. Although we facilitate transactions between Subscribers and Creators by providing the IYOO Platform and storing Content, we are not a party to the Subscriber-Creator Agreement or any other contract that may exist between a Subscriber and a Creator, and we are not not responsible for transactions between subscribers and creators.

b. Creators are solely responsible for determining (within the pricing settings on IYOO) the pricing applicable to Subscriber/Creator Transactions and Content to which you may have access. All prices are indicated in USD and Fcfa.

c. To be able to complete a Subscriber/Creator Transaction with a Creator, you must first add a payment card to your account, then click the "Subscribe" button on the relevant Creator's profile.

d. You authorize us to provide your payment card details to a third party payment provider for the purpose of processing your payment. All Subscriber Payments will be invoiced in Fcfa or USD. Your payment card provider may charge you a currency conversion fee. We have no control over exchange rates or fees imposed by your payment card provider or bank, and we will not be responsible for paying any fees or charges imposed by your payment card provider or bank.

e. If you choose to provide the details of two or more payment cards, if you attempt to make a payment with the first card and it is rejected for any reason, the other payment card will be used to collect the payment. full payment.

f. The payment provider will take (i) periodic payments from your payment card for Payments that are Subscriptions; and (ii) immediate payments from your payment card for Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent that each such payment will be charged using your payment card details provided.

g. With the exception of Free Trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, unless your payment card is declined, if the price of the Subscription has increased or if you have deactivated the "Automatic Renewal" button located on the profile of the Creator concerned. This means that if you wish to stop subscribing to a Creator's profile and paying the ongoing monthly subscription fee, you will need to disable the "Auto-Renew" button located on the applicable Creator's profile.

h. If you cancel a subscription, you will continue to be permitted to view content from the applicable creator until the end of the subscription period during which you canceled, after which no further payments will be taken from your payment card for subscriptions to the profile of the creator in question (unless you choose to pay for a new subscription to that profile of the creator) and you will no longer be able to view the content of the creator concerned.

i. You agree that you will not make unjustified refund requests with respect to a Subscriber/Creator Transaction or tip to a Creator, nor make unjustified chargeback requests from your payment card provider regarding a Subscriber/Creator transaction or advice to a Creator. If we consider that a refund request or chargeback request has been made by you in bad faith, we have the right to suspend or delete your user account.

j. Wallet Credits: You can prepay an amount on IYOO (known as “wallet credits”) which you can use later to make payments. Purchases on IYOO cannot be split - if you attempt a purchase that costs more than the total amount of your remaining wallet credits, your payment card will be charged for the full amount of that purchase.

Wallet credits are subject to a maximum amount that we determine from time to time. Interest will not accrue on the credits in your wallet. These credits are non-refundable, meaning you are not entitled to a refund of any unused wallet credits.




9. Suspension of your user account:


If we suspend your user account in accordance with our rights under the Terms of Service, all payments from Subscribers that would otherwise have been due during the period of suspension of your user account will be suspended during the period of suspension of your account user.



III- TERMS OF USE FOR CREATORS





BY USING OUR WEBSITE AS A CREATOR, YOU AGREE TO THESE TERMS – PLEASE READ CAREFULLY.




1. Introduction :


These Creator Terms are additional terms that apply if you use IYOO as a Creator (also referred to as “you” and “your” in these Creator Terms). These Creator Terms are part of your contract with us.

a. You are at least 18 years old;

b. if the laws of the country where you live provide that you can only be legally bound by a contract at an age above 18, then you are old enough to be legally bound by a contract under the laws of the country where you live ;

c. you will provide other information or verification documents that we request.




2. Interpretation:


In these Terms of Use for Creators, defined terms have the same meaning as that given to them in the Terms of Use for all Users. Furthermore :

a. “VAT” means value added tax and any other tax imposed in addition to or in lieu thereof at the rate imposed from time to time and any equivalent or similar governmental, state, indirect tax, charge, duty, imposition or levy. federal, provincial or municipal in any other jurisdiction; And

b. The term "tax" includes all forms of statutory, governmental, state, federal, provincial, local or municipal taxes, duties, impositions, contributions, levies, withholdings or liabilities, wherever applicable. they are attributable and whether in France or in any other jurisdiction.




3. Other terms that will apply to your use of IYOO:


The following terms will also apply to your use of IYOO and you accept them:

a. Our terms of use for all users;

b. Our Privacy Policy - which tells you how we use your personal data and other information we collect about you;

c. Our Usage Policy - which tells you what you can and cannot do on IYOO;

d. Our Complaints Policy - which sets out the procedure for making a complaint regarding any aspect of IYOO, and how we will deal with that complaint;

e. The Agreement between Subscriber and Creator - which is not part of your agreement with us, but which governs and defines the terms applicable to each Subscriber/Creator Transaction you enter into on IYOO; And

f. Our Community Guidelines - which provide additional terms and guidance regarding your interactions with IYOO.




4. Other terms that will apply to your use of IYOO:


The following additional terms may apply to your use of IYOO:

a. If you are also a Creator, the Terms of Service for Creators will apply to your use of IYOO as a Creator;

b. If you are a Creator established or residing in the European Union, the Business Platform Regulatory Terms will also apply to you; And

c. If you participate in the IYOO Referral Program, the Referral Program Terms will apply to your use of the IYOO Referral Program.




5.What fees do we charge Creators for using IYOO?


We charge you a fee of twenty percent (20%) of all Subscriber Payments made to you (referred to as Our Fee). The remaining eighty percent (80%) of Subscriber's payment is payable to you (referred to as "Creator Earnings"). Our fees include the costs of providing, maintaining and operating IYOO and storing your Content. Our fees are deducted from the payment for Subscribers, and creator revenues are paid to you in the manner described in the Payments to Creators section below.



6.How to configure your account as a Creator account:


To set up your account as a Creator account: a. You will need, on your user account page, to upload a valid identity document with a photo of you (CNI, Passport, Residence permit, Driving license, etc.)

b. You will need, on your user account page, to add a bank account or payment details of your bank account or a payment method.

c. On your user account page, you will need to select one of the available methods provided by IYOO for transferring your creator earnings. These methods are called Payment Options.

d. You may also be required to submit additional information depending on the country in which you live.

e. We may ask you for additional information regarding age or identity verification at any time. We may reject your request to create a Creator account for any reason, including the reasons stated here.

f. Once you have set up your account as a Creator account, if you wish to charge a monthly subscription fee to your Subscribers, you will need to set your subscription price for your Subscribers within the range allowed by IYOO, as outlined here.

g. You can then start adding content and users can subscribe to your account.

h. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do this. If you do not remember the email address used to set up the account, we may ask you to provide identification documents and photographs and any other additional evidence that we may reasonably require to prove your identity.




7. Personal legal liability of Creators:


Only natural persons can be Creators. Each Creator is personally bound by the Terms of Use. If you have an agent, agency, management company or other third party who helps you manage your Creator account (or manages it on your behalf), this does not mean that you are bound by the Terms of Use.

Our relationship is with you, not any third party, and you will be legally responsible for ensuring that all content posted and any use of your account complies with the Terms of Use.




8. Transactions between subscribers and creators:


This section describes the terms that apply to Subscriber/Creator Transactions:

a. All Subscriber/Creator Transactions are contracts between Subscribers and Creators. Although we facilitate transactions between Subscribers and Creators by providing the IYOO Platform and storing Content, we are not a party to the Subscriber-Creator Agreement or any other contract that may exist between a Subscriber and a Creator, and we are not not responsible for any transactions between subscribers and creators.

b. Subscriber Payments are exclusive of VAT, which will be added at the current rate applicable to the Payments.

c. When you receive confirmation from IYOO, either on the "Statements" page of your user account or by email (or both), that the Fan/Creator Transaction has been confirmed, you must execute your part of this Subscriber/Creator Transaction (for example, by allowing the Subscriber to view the Content on your Creator account and/or providing the Personalized Content paid for by and/or allowing the Subscriber to use the paid interaction feature (as applicable) )). You agree to indemnify us for any failure by you to comply with this obligation (meaning that you will be responsible for any loss or damage (including loss of profit) that we suffer as a result of your failure to comply with this obligation).




9.Content - general conditions:


In addition to the terms set forth elsewhere in the Terms of Service, the following terms apply to Content posted, displayed, uploaded or published by you as a Creator on IYOO:

has. Your Content is not confidential, and you authorize your subscribers to access and view your Content on IYOO for their own legal and personal use, and in accordance with the licenses you grant to your Subscribers.

b. You warrant (meaning you make a legally enforceable promise to us) that for each item of Content you post, display, upload or publish on IYOO:

i. the Content fully complies with the Terms of Use;

ii. you own all rights necessary to license and trade your Content on IYOO, including in each territory where you have Subscribers;

iii. you own your Content (and all intellectual property rights therein) or you have a valid license to offer and provide your Content to your Subscribers;

iv. If your Content includes or uses third party materials, you have obtained all necessary rights, licenses, written consents and releases to use them.

releases that are necessary for the use of such third party property in your Content and for the subsequent use and exploitation of that Content on IYOO;

v. the Content is: 1. of satisfactory quality, taking into account any description of the Content, the price and all other relevant circumstances, including any statement or representation you make about the nature of the Content on your account or in any advertising;

2. reasonably suitable for any purpose for which Subscriber has informed you that it is using the content; And

3. as you described it.

a. You agree to be liable to us and to indemnify us if any of the warranties are untrue. This means that you will be responsible for any loss or damage (including lost profits) that we suffer as a result of any of the guarantees being false.

d. We are not responsible for and do not endorse any aspect of the Content posted by you or any other IYOO User. We have no obligation to monitor any Content and have no direct control over what your Content may include.

e. You also agree to act as record keeper for Content you upload to IYOO.





10.Advertising on IYOO:


a. If you post or upload Video Content to your Creator account that is designed to promote, directly or indirectly, the goods, services or images of a third party in exchange for payment, other valuable consideration, or for self-promotional purposes (including advertising, sponsorship and product placement) (collectively “Advertising Content”), then you must comply with the requirements of these Terms of Service for Creators.

b. Requirements - Advertising Content: You must ensure that any Advertising Content you publish on your Creator account:

i. do not wear :

1. violation of respect for human dignity;

2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

3. encourage behavior detrimental to health or safety;

4. encourage behavior which is seriously detrimental to the protection of the environment;

5. cause physical, mental or moral harm to any person;

6. directly induce people to purchase or rent goods or services in a way that exploits their inexperience or gullibility;

7. directly encourage people to persuade other people to buy or rent goods or services;

8. exploit people’s trust; Or

9. unreasonably showing people in dangerous situations;

ii. does not advertise cigarettes and other tobacco products, electronic cigarettes and e-cigarette refills, illegal drugs or prescription-only medicines;

iii. does not advertise, promote or facilitate illegal gambling, and

iv. with respect to any Advertising Content for alcoholic beverages, is not intended for minors and does not encourage excessive consumption of alcohol.

c. Transparency Requirement - Advertising Content: You must declare that any Advertising Content you post or upload to IYOO contains advertising by including the #ad sign in the caption of the Advertising Content before posting or uploading it.




11.Co-authored content:


a. If you upload to your Creator account any Content depicting a person other than or in addition to you (even if that person cannot be identified from the Content) (“Co-Signed Content”), you warrant (meaning that you make us a promise legally enforceable) that each person appearing in any Co-Signed Content uploaded to your account is i) a Creator on IYOO; or ii) a consenting adult, and you have verified the identity and age of each such person and will provide such supporting documentation as we may request in our discretion.

b. You further warrant that you have obtained and maintain for your records the written consent of each individual appearing in your Co-Signed Content that such individual:

i. has given express, prior and fully informed consent to its appearance in the co-signed content; And

ii. has consented to the co-authored Content in which he appears being published on IYOO.

c. In addition to the above confirmations, you agree that if you upload co-signed Content in which the other person(s) appearing in the Content have a Creator account on IYOO, you must ensure that there is no has no conflict of interest. You will tag the IYOO account(s) of anyone who appears in the Co-Authorized Content and can be identified from it.

d. If any Co-Authorized Content is a co-authored work, you are solely responsible for obtaining any required licenses or consents from all other co-authors of the Content that are sufficient to permit such Content to be downloaded and made available on IYOO.

e. You agree that we will only arrange for Creator Fees to be paid to the Creator account to which the Co-signed Content is uploaded. The Creator who uploaded the Co-Signed Content is solely responsible for dividing and distributing any revenue generated by the Co-Signed Content among the persons appearing in such Co-Signed Content. Any revenue sharing agreement must be an independent and private agreement between you and such person(s), and we are not responsible for providing or enforcing such agreements. You understand and agree that you are not entitled to any Creator Income earned on co-authored Content in which you appear but which is posted on another Creator's account. If you post co-signed content to your account, we may ask you to provide valid and complete legal information for everyone who appears in the co-signed content. If you do not provide the information we request, we may remove co-signed content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold some or all of the Creator earnings earned but not still paid.

f. You agree to hold us harmless and not make any claims against us relating to co-signed content. You agree that any claim arising from co-signed content shall be brought against the creator(s) who posted the co-signed content or the person(s) who appeared in the co-signed content (as applicable). ).




12. Payments to Creators:


a. All Payments for Subscribers will be received by a third-party payment provider approved by us.

b. If you have chosen the Stripe payment option, Stripe will collect payment from Subscribers and deposit creator earnings into your bank account.

vs. If Stripe is not your chosen payment option, our fees will be deducted from the payment received by Subscriber and your creator earnings will be held by us on your behalf.

d. Your IYOO account will be updated within a reasonable time with your creator earnings. You will be able to withdraw your creator earnings from your IYOO account as soon as these creator earnings appear in the account.

e. To make a withdrawal of creator earnings from your IYOO account, you must have at least the minimum payout amount in your IYOO account. Please click on the “Payment” page of your account to find out what the minimum payment amount is for your country of residence and your payment option.

f. The amount you see in your "current balance" in your IYOO account is your creator earnings at that time. All Subscriber payments and creator earnings are made in USD or FCFA. If you have chosen the "Stripe" payment option, creator payments and earnings will be in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you a currency conversion or transfer fee to receive the money. Additionally, your e-wallet company may charge you fees to access the money. We have no control over exchange rates or fees imposed by your bank or e-wallet company, and we will not be responsible for paying any fees imposed by your bank or e-wallet company.

g. If a Fan is successful in obtaining a refund or chargeback from their credit card provider for a Subscriber Payment made to you, we may investigate and decide to deduct from your account an amount equal to the Creator Earnings earned by you on the retrocharged or refunded amount.

h. Except for Payment Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payment Options with a third-party payment provider.




13.Circumstances in which we may withhold Creator Earnings:


has. We may withhold all or part of the Creator Earnings owed to you but not yet paid:

i. if we believe that you have or may have materially or repeatedly breached any part of the Terms of Use;

ii. if you attempt or threaten to breach any part of the Terms of Use in a way that we believe has or may have serious consequences for us or another User (including actual or possible loss to us or another User) ; Or

iii. if we suspect that all or part of the creator's winnings result from illegal or fraudulent activity, whether on your part or on the part of the subscriber who made the payment which gave rise to the creator's winnings,

for the period necessary to investigate your actual, threatened or suspected infringement or suspected illegal activity (as applicable). If, after our investigation, we conclude that (i) you have seriously or repeatedly violated any part of the Terms of Use, (ii) you have attempted or threatened to violate any part of the Terms of Use in a way that has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the creator gain results from a illegal or fraudulent activity, we may notify you that you have forfeited your creator gain.

b. We may also withhold some or all of the Creator Earnings owed to you but not yet paid if we receive notice that you have secured, encumbered, pledged, assigned or otherwise permitted a lien to be placed on the creator's earnings. We are not required to pay Creative Revenue to any third party holder of a lien and may withhold payment of Creative Revenue until the lien has been removed.

c. We will have no liability to you if we withhold or confiscate any portion of your Creator Earnings where we have the right to do so under these Creator Terms.

d. If we withhold some or all of the Creator Revenue owed to you and we determine that any portion of the Creator Revenue we are withholding is not related to violations by you of the Terms of Service or illegal activity or suspected fraud, we may arrange for you to be paid that portion of Creator Revenue that we determine is not related to violations by you of the Terms of Use or suspected illegal or fraudulent activity. However, you agree that if we consider that your violation(s) of the Terms of Service has caused or may cause us losses, we may withhold any Creator Earnings owed to you but not yet paid and we can offset these amounts against the losses we have suffered.

e. If, as a result of our investigation, we determine that creator earnings are being forfeited, we will (unless prohibited by law) use reasonable efforts to ensure that all Subscriber payments that resulted in confiscated Creator winnings are returned to the concerned Subscribers who have paid.




14.Promoting tax and VAT compliance:


a. General:

i. We recommend that all Creators seek professional advice to ensure that you are compliant with tax and VAT rules, depending on your personal situation. ii. By using IYOO as a Creator, you warrant (meaning you make a legally enforceable promise) that you have represented and will in the future represent receipt of all payments made to you in connection with your use of IYOO to the relevant tax authority in your jurisdiction, as required by law.

iii. By using IYOO as a Creator, you warrant (meaning you make a legally enforceable promise) that you will comply at all times with all tax-related laws and regulations that apply to you. If, at any time while you have an IYOO account, tax non-compliance occurs with respect to you (including a failure on your part to report income or the imposition of a penalty or tax). 'an interest relating to tax) or if a dispute, inquiry or investigation is initiated against you which is in the field of taxation.

In connection with, or which may lead to, an occurrence of tax non-compliance, you agree to:

1. inform us in writing, by email to [email protected], within 7 days of the appearance of the tax offense or the start of the dispute, investigation or investigation (depending on the case) ; And

2. Promptly provide us by email at [email protected]:

has. details of the measures you are taking to remedy the occurrence of the tax offense and to prevent its recurrence, together with any mitigating factors you consider relevant; And

b. any other information relating to the occurrence of the tax offense that we may reasonably require.

iv. For the avoidance of doubt, you are responsible for your own tax affairs and we (i) are not responsible for advising you on your tax affairs and will not be responsible for any general information provided on IYOO or by [email protected] in this regard. which relates to the tax, and (ii) will not be responsible for any non-payment of the tax by the Creators.

v. We reserve the right to close your IYOO account if we are informed or become aware of any tax non-compliance on your part.

You will be considered, for VAT purposes, to be charging IYOO for your creator earnings (80% of all Subscriber payments), as well as US VAT at the rate in effect at the time of the Subscriber payment;