We publish the Baobab app, available on the Apple App Store and the Google Play Store.
These Terms of Service set forth the terms and conditions for using the App, as well as the terms for subscribing to it.
They are entered into between You and Us.
The Terms of Service are supplemented by the Privacy Policy.
1 - Definitions
Throughout these Terms and Conditions and any other related contractual documents, terms beginning with a capital letter shall have the following meanings in both the singular and plural:
- “Subscription,” “Subscribe”: Your subscription to the App.
- “App”: the Baobab app, which We publish. It provides AI-powered homework assistance services. It can be used on various mobile devices.
- “Terms”: these Terms and Conditions, accessible within the App.
- “Order”: any Subscription order placed by You.
- “Account”: Your account on the Application, accessible via Your username and password, and containing Your personal information as well as Your history.
- “Personal Data”: the personal data that We collect and process.
- “ “We,” “Our,” “Us”: refers to BAOBAB LABS, a simplified joint-stock company with a share capital of €1,500, whose registered office is located at 1 Impasse des Amandiers, 71700 TOURNUS, registered with the Macon Trade and Companies Register under number 985 354 158.
- “Party”: You and Us, taken individually and/or collectively.
- “Privacy Policy”: the privacy policy, which details the terms and conditions applicable to the collection and processing of Personal Data, accessible within the Application.
- “You,” “Your,” “Yours”: refers to you, the user of the Application.
2 - Acceptance and Modification of the Terms and Conditions
2.1 - Scope of the Terms and Conditions
These Terms of Service apply to your use of the App and to any Order placed through it.
We reserve the right to modify the Terms of Service at any time by notifying you via email or by displaying a notification the next time you log in to the App.
You must accept the amended Terms of Service in order to continue using the App. Otherwise, your access to the App will be terminated on the renewal date of your Subscription, which will not be renewed.
The Terms of Service applicable to the App are the most recent version that you have accepted.
These Terms of Service apply for the entire duration of your use of the Application under your Subscription, effective from the date you accept them.
Our legal information regarding the App is provided in the Terms of Service and within the App.
2.2 - Acceptance of the Terms and Conditions
To sign up for the app and subscribe, you must read and accept the Terms of Service.
This acceptance will be indicated by clicking the button to accept the Terms and Conditions during registration within the Application. This shall be deemed to have the same legal effect as a handwritten signature.
2.3 - Legal Capacity
To sign up for the App, you must be at least 15 years old.
Registration may be completed by a parent on behalf of their minor child, or by a minor who is at least 15 years old.
If you are a minor under the age of 15, you must provide consent from your parent or legal guardian in addition to your own consent in order to use the App and place an Order. Otherwise, you will not be able to place an Order.
2.4 - Termination of the Application
We may stop providing the App at any time.
Your account will then be deleted, and we will not be held liable.
If you have a subscription, the account will be deleted at the end of the subscription period; otherwise, you will receive a pro-rated refund for the prepaid period during which the app is no longer available.
3 - Application
In particular, the app uses an artificial intelligence model to generate quizzes or flashcards based on photos of lessons or audio recordings of lessons read aloud by the child.
The App can be used either by the child on the parent’s device or by the child directly through their own Account, which may be linked to their parent’s Account. In the latter case, the parent may receive a notification when the child uses the App in certain ways.
We may modify or remove these features at any time. Access to the App may be restricted at any time to allow for maintenance, repairs, or updates to the App.
4 - Installing the Application
You install the Application on your own hardware.
You must have internet access.
You are responsible for ensuring that your device is in good working order and meets the app’s requirements, as listed on the Apple App Store or the Google Play Store.
You are responsible for all equipment costs (hardware, telephone and internet access, etc.) necessary to meet the requirements for running the Application. We are only obligated to provide the Application and not the equipment required to meet those requirements, which you agree to.
We will not be liable if your hardware is incompatible with the App.
We do not provide any assistance or guarantees regarding installation or use.
5 - Contact
You can contact us at the following address: reclamation@baobab-labs.com
6 - Order
6.1 - Ordering Process
You can subscribe by placing an order within the app, using the in-app purchase system. This system utilizes the in-app purchase systems provided by the Apple App Store and Google Play Store.
6.2 - Order Process
The steps in the ordering process are as follows:
- Create an account if this is your first order, or log in to your account if you already have one;
- Select the subscription you wish to order;
- Provide your login credentials;
- Select a payment method for the order and provide billing information;
- Reviewing the Order and Subscription summary for final confirmation;
- Reviewing and accepting the Terms and Conditions;
- Confirming the Order, including a statement that the Order entails an obligation to pay;
- Sending an Order confirmation email upon receipt of payment, detailing the entire Order.
The Order is processed upon receipt of payment. The Subscription will begin on that date.
The contact information and details provided must be current and accurate.
6.3 - Error in the Order
We shall not be held liable under any circumstances for errors in selection made during the Order process, data entry errors during the Order process, or any other incorrect information provided, nor for any resulting consequences.
6.4 - Order Cancellation
We reserve the right to refuse any Order for legitimate reasons, including in the event of payment issues, Orders that are abnormally large compared to the Customer’s usual Orders, or Orders placed in bad faith.
7 - Consumer Law
In accordance with Article L221-28(13) of the Consumer Code, you have no right of withdrawal since we provide digital content not supplied on a tangible medium, the performance of which has begun following the consumer’s prior express consent and express waiver of their right of withdrawal.
8 - Subscription
Access to the App requires a monthly or annual subscription.
Subscription plans are purchased for the subscription term specified at the time of purchase and are automatically renewed for the same term. You can disable subscription renewal at any time through Your Account. The subscription will end at the end of the current term.
The Subscription may begin with a trial period. In this case, the duration will be specified at the time of purchase. Upon expiration, the Subscription will be automatically renewed on a monthly basis. You can disable this feature in your Account.
The subscription fee is due at the beginning of the period, for the upcoming period.
The start date of the period is the start date of the Subscription's initial term.
If Subscription renewal is enabled, and if the subscription fee cannot be charged on the renewal date, the subscription will be terminated immediately upon the first failed charge.
9 - Prices and Payment
9.1 - Price
Unless otherwise specified in writing, the prices quoted are in euros and include all taxes (TTC), including the VAT applicable on the date of the Order.
We reserve the right to pass on any changes in the VAT rate to the subscription price, including at the time of renewal.
Except for changes in the VAT rate, we also reserve the right to change our prices at any time. However, in such cases, the new price will apply only to the renewal of the Subscription, and you will always have the option not to renew it.
9.2 - Payment
You may pay by credit card or any other method offered within the App. You warrant that you are the holder of the payment method used to pay for the Order and that you have sufficient funds to cover the full amount of the Order.
Payment will be charged at the time the Order is confirmed and on the date of each Subscription renewal.
If, for any reason, we are unable to charge or collect the amounts due for the Order, the Order may be canceled, or the renewal of the Subscription may be denied.
Credit card payments are processed through secure transactions provided by a payment service provider that operates in accordance with industry standards.
Payment is made directly to the bank or payment service provider receiving your payment.
9.3 - Late Payment
Any late payment may result in the imposition of late payment penalties without the need for prior notice. The rate of these penalties is equal to three times the statutory interest rate and applies from the first day of delay. A fee of forty (40) euros may also be charged to cover collection costs.
The charging of late payment interest and administrative collection fees does not preclude us, at our discretion, from initiating legal proceedings to seek additional damages.
10 - Obligations of the Parties
10.1 - Our obligations
We will use our best efforts to ensure that the Application functions in accordance with its specifications, without assuming any obligation to achieve a specific result.
We do not guarantee that:
- Any obligation to achieve specific results in connection with the provision of the Application.
- That the Application is free of bugs or is available at all times.
- The accuracy of the information provided within the Application.
- Any frequency of maintenance or updates to the Application.
- Any level of service quality for the Application.
- Any level of service and availability for the Application.
- Any duration of support for the Application.
We will use our best efforts to ensure that the Application operates securely, subject to an obligation of means. However, we do not guarantee the absolute security of the Application.
We may suspend, modify, or discontinue the Application and cease support for it at any time, without prior notice or notification, and we shall not be held liable for doing so.
10.2 - Your Obligations
You may use the Application in accordance with these Terms of Service, to the exclusion of any other rights.
You must comply with these Terms of Service when using the Application.
11 - Account
11.1 - General Information
You can create an account to use the app.
You may create only one Account. If the Account is created by a parent, the child may have a sub-Account to use the App.
11.2 - Username and password
You will create an Account when you sign up for the App.
You will create a username and password, unless you use another login method, such as Apple or Google.
If you create a password, you must make sure that it is strong and secure enough.
This Account will be used to access and use the Application.
We will not be liable in the event that a third party gains access to the Account, including through a brute-force attack.
11.3 - Use of the Account
You are responsible for the security and use of your account username and password.
In particular, you must ensure that they are used in accordance with these Terms of Service.
We will not be liable for any unauthorized use of the Account by a third party, nor will we be liable for any damage caused by such use.
If you notice that your account has been compromised or used without authorization, or if you become aware of any other security breach related to the account, you must notify us as soon as possible.
We will not be liable if you are unable to access the Application.
However, we may close the Account at any time without notice to you in the event of a breach of these Terms and Conditions, and you shall not be entitled to claim any compensation. We shall not be held liable in this regard. However, we may hold you liable if you have failed to comply with these Terms and Conditions.
11.4 - Security
We make every effort to ensure the secure use of the Site. However, given the nature of the internet, we cannot guarantee the absolute security of the Application and are only bound by an obligation of means.
At the same time, you agree not to engage in the following activities, among others:
- Act in a manner that could compromise the functioning of the Application;
- Reproducing the Application in any way, by any means, and in any form;
- Attempting to access a third party’s Account;
- Attempting to access the servers (outside of normal service use) or computers on Our network;
- Attempting to upload viruses, Trojan horses, or any other invasive or illegal programs to Our servers;
- Extracting data or computer code from the Application without Our prior written authorization, including adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, or transcoding all or part of the Application;
- Using the Application in an illegal manner or in violation of these Terms of Service or any applicable law.
11.5 - Account Information
You agree to provide accurate and up-to-date information about Your Account, which will be used within the Application.
In accordance with the “Personal Data” section and the Privacy Policy, you may also request that your account be deleted. In that case, we will delete your personal data, unless it is necessary for us to comply with our legal and regulatory obligations, or unless it has been anonymized.
12 - Intellectual Property
12.1 - Intellectual Property Rights in the Application
The Application, as well as all elements thereof, including text, images, videos, domain names, trademarks, designs, patents, software, and databases, are:
- Our property, or;
- where applicable, the property of a third party that has granted us a license to use it.
These trademarks are protected worldwide.
These Terms and Conditions do not grant you any intellectual property rights. You may not reproduce, display, adapt, exploit, or extract any of these elements, in whole or in part, without our prior written consent.
We grant you permission, as part of the Subscription you have purchased, to download, install, and use the Application on your compatible device, worldwide, for the duration of the Application’s installation, and solely for the purpose of running the Application. You may access and use your Account under the same terms.
These uses are permitted for personal purposes.
No other use of the Application is permitted.
Any partial or complete reproduction of these materials may constitute copyright infringement. We reserve the right to take any action necessary to enforce our rights and seek compensation for any damages incurred.
12.2 - Content Uploaded to the App
Any content (text, photographs, or any other material) that you post on the App is your property.
You warrant that you have all necessary rights to use this content with the Application.
You authorize us to use this content so that it can be processed by the Application, including through third-party service providers, in particular for the use of artificial intelligence models to generate derivative content based on this content, for your use within the Application. No other use will be made of this content.
Please also note that any content submitted to the App may be subject to post-publication moderation, with or without prior notice, at our discretion.
Any content submitted to the App must comply with French law and must not infringe upon the rights of any third party.
You agree to indemnify us against any claims brought by a third party for infringement of any rights arising from the posting and use of the content or any other material provided by you. This indemnity includes, in particular, but is not limited to, claims relating to infringement, unfair competition, or parasitism.
13 - Personal Data
The provision of the Application involves the collection of Personal Data by us, in accordance with applicable laws and regulations.
You are fully aware that the Personal Data you provide to us, either directly or indirectly, will be processed automatically.
You must agree to our Privacy Policy when you sign up for the App in order to use it.
Our Privacy Policy is available within the App.
14 - Liability
Our liability is strictly limited to the technical provision of the Application and its proper functioning, under an obligation of means.
The information provided within the Application is for informational purposes only and does not constitute a guarantee of results. You should conduct the necessary checks before using this information.
We do not provide any other services.
We assume no liability for the provision, availability, maintenance, or use of the Application. No express or implied warranties are provided regarding the quality of the Application, its availability, the information contained therein, or its suitability for Your needs.
Please be advised that you use the Application at your own risk.
We shall not be liable for any damages caused by malware, viruses, or any inaccuracies or omissions in the information, unless such damages result from a deliberate act or gross negligence on our part.
These limitations of liability apply to the fullest extent permitted by applicable law.
15 - General Provisions
15.1 - Mediation
In accordance with the provisions of Articles L612-1 et seq. of the French Consumer Code, as a consumer, you have the option, in the event of a dispute with us, to use the mediation services of La Société Médiation Professionnelle free of charge if our customer service department has not responded to your request within a reasonable period of one (1) month:
- by email: http://www.mediateur-consommation-smp.fr/
- or by mail: 24 rue Albert de Mun - 33000 Bordeaux
You are free to accept or reject mediation, and, if mediation is used, each Party is free to accept or reject the solution proposed by the mediator.
15.2 - Compliance with the Law
We provide the Application in accordance with French regulations.
You must familiarize yourself with local and national laws to ensure that you are permitted to use the App.
15.3 - Entire Agreement
These Terms and Conditions shall prevail over any other provisions that may apply to the relationship between You and Us. These Terms and Conditions supersede and replace any prior agreements between the Parties regarding the subject matter herein and constitute the entire agreement between the Parties with respect to the subject matter herein.
15.4 - Survival of Certain Provisions
The termination of these Terms and Conditions, for any reason whatsoever, shall not affect the provisions whose nature or content requires that they remain in effect.
15.5 - Partial Invalidity
If one or more provisions of these Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or a final decision by a competent court, they shall be deemed unenforceable, and the remaining provisions shall remain in full force and effect.
15.6 - Non-Waiver and Forbearance
Our failure to enforce any of the obligations set forth in these Terms and Conditions against You shall not be construed as a waiver of such obligation for the future and shall not have the effect of granting You any vested rights.
Any failure or delay on Our part in exercising any of Our rights shall not be construed as a waiver of such right.
15.7 - Independence
Neither Party may make any commitment in the name and/or on behalf of the other. Furthermore, each Party remains solely responsible for its own actions, representations, commitments, services, products, and personnel.
15.8 - Evidence
The Parties agree that all electronic communications, including email, shall be admissible as evidence between them.
You acknowledge, in particular, the evidentiary value of our automatic recording systems, including the Application; unless you can provide evidence to the contrary, you agree not to challenge them in the event of a dispute.
15.9 - Force Majeure
In connection with the performance of these Terms and Conditions, we shall not be held liable if the service ceases to function due to any event of force majeure.
For the purposes of these Terms and Conditions, “force majeure” means any unforeseeable, unavoidable event beyond the control of the Parties, as defined by French law and case law.
In the event of force majeure, we will use our best efforts to ensure that the Application continues to function.
If the force majeure event continues, we may terminate the provision of the Application without prior notice and without incurring any liability.
15.10 - Competent Court
Any dispute arising out of or relating to the performance or interpretation of these Terms and Conditions that cannot be resolved amicably between the Parties shall be submitted to the competent court at the location of our company’s headquarters, including in cases involving summary proceedings, third-party claims, or multiple defendants, regardless of your country of origin.