Terms and Conditions of Use (CGU)

The company Breeve, as a publisher of digital and multimedia content, operates the platform breeve.io, a leading platform dedicated to the dissemination of its own content. This content is organized around several varied themes, including but not limited to: photography, cooking, fitness, beauty, life coaching, fortune-telling, as well as services specifically intended for an adult audience. This diversity allows Breeve to cater to the interests of different types of users.

On breeve.io, content is divided into two categories: public content, freely accessible to all users of the platform, and private content, which requires payment to be viewed. This model allows Breeve to offer a varied experience to users, depending on their preferences and needs.

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To facilitate access to private content, Breeve has implemented secure payment solutions through recognized payment service providers (PSPs). These services allow users to make their purchases quickly and safely, particularly via credit card. Each piece of content published on breeve.io is associated with a producer or creator pseudonym, who is the supplier of the content available on the platform.

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The breeve.io platform’s mission is to highlight the Media and Profiles of Creators and content providers. In some cases, it also allows direct interaction between creators and users, while ensuring that this interaction is under Breeve's strict control. This model ensures compliance with current regulations and guarantees the consistent quality of the content and services offered on the platform.

Users of the platform can access free content, allowing them to explore and discover available offerings before deciding to purchase paid content. Paid content can be accessed via a one-time purchase (one shot) or through a subscription, providing great flexibility depending on the user’s preferences.

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It is important to note that Breeve acts as a merchant and publisher responsible for the content it purchases directly from Creators. Thus, Breeve holds the status of publisher and ensures the quality and compliance of all content and interactions on the platform. As a publisher, Breeve assumes responsibility for all content it broadcasts and strictly controls all exchanges between creators and users, fans, and subscribers.

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Content broadcast on the breeve.io platform can come from two main sources:

1. Content published by Breeve: This is directly managed by Breeve’s internal team, which handles creation, management, and updates.
2. Content offered by independent creators: These creators, whether producers or multimedia content providers, operate under Breeve’s supervision and responsibility. The platform ensures that their content complies with quality standards and current rules. It is understood that all direct meetings between Creators and Users of the platform are strictly prohibited.
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These Terms and Conditions of Use (CGU) define all the rules governing the use of the breeve.io platform. They regulate interactions between users (fans, subscribers), Creators, and Breeve, in accordance with Irish and European laws and the quality principles Breeve strives to maintain.

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Any access to or use of the breeve.io platform, whether simply browsing the site, purchasing content, or subscribing to a membership, implies the full and unconditional acceptance of these Terms and Conditions of Use (CGU) by the user. By using the platform, each user agrees to comply with all the rules established in this document, which govern the conditions of access and operation of the services offered by Breeve.

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Thus, the User agrees to carefully read these Terms and Conditions of Use when accessing the Platform and is invited to download, print, and keep a copy.

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Any use of the Platform, as well as subscribing to a Membership or purchasing Media, implies that the User:

• If they are a legal entity, is a duly constituted entity, represented by a legal representative or a person duly authorized to legally bind it.
• If they are a natural person, they are of legal age, capable, and not subject to any legal protection measures (guardianship, curatorship).

The CGU may be terminated if any of these conditions are no longer met, resulting in the suspension or deletion of the User's Account.

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Validity of the CGU‍

If any provision of these CGU is deemed null or invalid and declared as such by law, regulation, or a final decision of a competent court, this provision will be considered unwritten, without affecting the validity of the other provisions, and will be replaced by a valid provision of equivalent effect, which the parties agree to negotiate in good faith.

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Modification of the CGU
BREEVE reserves the right to modify these CGU at any time by publishing a new version on the Site.

The applicable CGU are those in effect on the day of the User's use of the Service.

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These CGU, concluded between BREEVE and the User, aim to define the respective rights and obligations of the Parties in the context of using the Platform and the Services offered on it.

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It is understood that:

• A content purchase contract for online use specifies the legal and economic terms between Producers/Creators (content providers) and Breeve.
• Subscriptions to Memberships or purchases of Media are governed by the General Terms and Conditions of Sale (CGV). These provide the User with all legally required information in a clear, fair, and transparent manner.

The User confirms that they have the tools and skills necessary to fully utilize the features available on the Platform. The devices required to access the Platform (such as smartphones, computers, tablets, or other mobile devices) and any telecommunication costs associated with their use are entirely the responsibility of the User.

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1 - Registration Procedure on the Breeve Platform

Registering as a "User"

The User can register by clicking on the "User" button or by accessing the web page dedicated to this function.

To register as a "User," they must:

• Register using their email address or via their Facebook or Google account;
• Accept these CGU.

Registration via Email
For classic registration, the User must select the option "register with my email address." They will then need to provide the required information in an online form:

• Pseudonym;
• Date of birth;
• Email address;
• Password.

Registration via a Facebook or Google account
To register with a Google or Facebook account, the User must choose the option "sign up with Google" or "sign up with Facebook." They will select the information they wish to share with Breeve as part of their registration. In addition, the User must choose the permissions granted to Breeve regarding their Google or Facebook account.

The User guarantees that the Google or Facebook account used for registration is their personal and named account and that all information transmitted by these services to Breeve is accurate, complete, and up to date.

The User agrees to provide accurate, honest, and up-to-date information about their Account without infringing on the rights of third parties, and to promptly inform Breeve of any necessary updates to the data provided during registration. They are fully responsible for the accuracy and updating of the information related to the creation and management of their Account.

Access to Breeve Platform Content
The platform's content is accessible to users over the age of 18. For access to adult content, the User's age will be rigorously verified. Although the User certifies they are of legal age at registration, additional verification will be done via a mandatory selfie and artificial intelligence technology. This technology analyzes facial characteristics in real time to estimate the User’s age. If this estimate raises doubt, the User will be invited to contact support to provide proof of age by appropriate means.

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2 - Access and Account Management

Once registration is complete, the User will have access to their Account on the Platform. They can personalize it according to their preferences, for example by changing their pseudonym, password, or adding a profile picture.

In terms of personalization, the User agrees to choose a profile picture that respects public order and decency. Under no circumstances should they use an image that infringes on the rights of others or that has an illegal or illicit nature.

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3 - Management of Login Credentials

The User's email address and password represent their Login Credentials. The User agrees not to create more than one Account on the Platform. Breeve disclaims any responsibility for the consequences of a single User managing multiple Accounts.

The User remains fully responsible for the use of their Login Credentials and all actions carried out via their Account, whether directly by them or by a third party using their Credentials. If the User discloses or uses their Credentials inappropriately, Breeve reserves the right to delete the Account in question, without prior notice or compensation.

Breeve will not be held liable in the event of identity theft of a User. Any activity carried out via a User's Account will be presumed to have been done by the User, as Breeve has neither the obligation nor the technical means to verify the real identity of users accessing the Platform through an Account.

In case of loss or forgetting their password, the User must reset it by clicking on the "forgot password" button and entering the email address associated with their Account.

Any misuse or unauthorized use of the Credentials and its consequences are the sole responsibility of the User. They must inform Breeve without delay via email at: contact@breeve.io.

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4 - User Account Certification

Unique Identifiers:

Each user account on Breeve has two types of identifiers:

• Username: This identifier is unique to each account and cannot be used by any other user. Breeve reserves the right to require modification of a username to ensure compliance with these terms of use and the platform's rules.
• Display Name: The display name is not unique and may be shared between multiple user accounts.

Breeve's Rights:

Breeve reserves the right at any time to:

• Request a user to modify their username to comply with the platform’s standards and regulations.
• Revoke or suspend certification if the information provided is deemed incomplete or incorrect.

Users are informed that Breeve may revoke the certification of their Account without notice or compensation if the User no longer meets the above criteria, in case of serious or repeated violations of these Terms and Conditions of Use, particularly in cases of:

• Identity theft of a third party;
• Serious violation leading to Account suspension.

5 - User Account Deletion

At any time, the User may request Breeve to delete their Account.

This request can be made automatically through the "delete account" section of the User’s Account.

Breeve will ensure by any means that the User is authorized to make this request before deleting the account.

Any account deletion request is final and does not entitle the User to any refund, regardless of the subscription periods paid in advance.

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The company Breeve acts as an online content publisher.

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The pricing of services and content offered defines the sale prices of the content it broadcasts in collaboration with creators and subcontracted producers on the platform.

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Breeve will establish indexing criteria and classify its content according to its editorial line, and it may place certain content in one or more sections or highlight them. The content can be sorted by timestamp or in reverse chronological order, based on variable criteria defined by Breeve's editorial team.

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1 - Search Engine

The content is categorized. A search engine allows the user to easily find and select the content of their choice by entering keywords.

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2 - News Feed

Our platform offers two types of news feeds, designed to provide a personalized and diversified experience to our users.

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a. For You
The "For You" feed displays content from creators that the user has chosen to follow or subscribe to, including paid subscriptions. The media is presented in strict chronological order, allowing users to view the latest content from their favorite creators without any sorting algorithm other than time.

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b. Trending
The "Trending" feed highlights creators whose content generates significant activity on the platform, regardless of the user's subscriptions or relationships with these creators. The content displayed in this section is selected based on its popularity, primarily measured by the number of "likes" and "bookmarks" received by the media. This feature allows users to discover new creators and stay informed about current trends on the platform.

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3 - Fraud Prevention, Cybersecurity, and Minor Protection Measures

Breeve is committed to upholding current laws, protecting minors, preventing cyber threats, and combating prostitution and money laundering.

In this regard, Breeve has implemented specific processes to combat legal violations, fraud, concealment, and abuse.

Breeve has notably implemented:

• A comprehensive KYC (Know Your Customer) process for all Users.
• Automated moderation of Media and user interactions through artificial intelligence tools that comply with applicable legal frameworks.
• A user de-anonymization system that, if necessary, can assist law enforcement and hold all Users accountable.
• Advanced tools for verifying the majority age of users, particularly to access media reserved for adults. The content broadcast on Breeve's platform complies with parental control measures implemented by various market operators.

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1 - Description of Services

The Breeve platform offers all users free access to its features after prior registration. Its main service allows users to view the profiles of referenced creators and the media they share. Additionally, users can use the integrated search engine to discover creators or media and follow their own news feed.

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Once registered, users can access:

• Public profiles of creators;
• Public media posted online;
• A blurred version of non-public media or platform-pushed publications.

Additionally, they can like content by clicking the "Like" button or add creators and media to their favorites.

Complete access to non-public and private media, as well as creators' profiles, is reserved for users who have subscribed to a membership on the platform and paid the required fee.

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Services Offered to Subscribed Users
The platform publishes public content accessible to everyone without a subscription. However, public content does not entail the transfer of copyright. Users must refrain from sharing this content elsewhere.

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Non-public Media
Non-public media remains blurred until the user has subscribed to a platform membership. The subscription grants access to the full version of the media.

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The user agrees not to share this media outside the platform.

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Push Media
The platform may also offer "push media" associated with specific Creator content that the user can view after subscribing.

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Lives
The platform may broadcast Lives, which users can participate in by invitation. The broadcasting conditions (free or paid, schedules, duration, etc.) are determined by the platform. Users can also interact via chat, provided they comply with current legislation and courtesy rules. It is strictly forbidden to request personal contact details or confidential information through this channel.

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Messaging
Subscribers can directly exchange messages with creators via internal messaging, especially to request private media. It is strictly forbidden to request personal contact details or confidential information through this channel.

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Private Media
Users can request private media through messaging. The conditions for creating and selling are defined between the user and the platform and may vary depending on the content and the type of creators. The platform is not obligated to exclusively deliver this media to the requesting user and may reuse it in another context, unless otherwise agreed.

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Tips
Users can encourage creators by tipping them, which will be considered an additional incentive.

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2 - Service Updates and Evolution

BREEVE retains the ability to modify or enhance its Services at any time, especially to optimize the user experience, strengthen existing features, or adapt the Platform to technical and regulatory changes. Any essential update required for Service compliance will be proactively communicated to users.

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If an update requires installation by the user, BREEVE will ensure all necessary information is provided, including installation steps and potential consequences if this operation is not performed. If the user does not install the update within a reasonable timeframe, BREEVE will not be held responsible for any non-compliance resulting from this lack of update.

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Updates aimed at improving security, adding new features, or adjusting the Service to regulatory changes may also be deployed without being strictly necessary for maintaining Service compliance. In these cases, users will be informed of the update’s effective date, and temporary platform interruptions may occur.

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It is specified that such interruptions related to updates will not give rise to any compensation, even for users who have subscribed to memberships or paid to access certain content. The goal of these evolutions is to ensure an optimized and more secure service in the long term for all users.

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Compliance with European Legislation

Breeve commits to respecting all applicable European laws and regulations in operating the Platform, including, but not limited to, the following regulations and directives:

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General Data Protection Regulation (GDPR)
Breeve ensures that any collection, processing, and storage of users' personal data is done in compliance with the GDPR (Regulation (EU) 2016/679). Users are duly informed of the processing of their data, and the Publisher implements the necessary measures to ensure the security and confidentiality of the information, including explicit consent procedures and mechanisms for managing users' rights (access, rectification, deletion).

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E-Commerce Directive (2000/31/EC)
Breeve ensures complete transparency regarding its identity, contact details, and general service conditions, in compliance with the E-Commerce Directive. Breeve acts as an online service provider and implements notification and withdrawal procedures for illicit content published by third parties, including Users or Creators in the context of message exchanges (messaging or live). Such content will be promptly removed after notification in accordance with the law.

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Digital Services Act (DSA)
Breeve complies with transparency obligations, content moderation, and risk assessments imposed by European digital services legislation. Mechanisms for reporting illicit content are in place, and regular risk assessments are conducted to prevent dangers associated with the Platform's use.

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Directive on Copyright in the Digital Single Market (2019)
Breeve ensures compliance with intellectual property rights and obtains the necessary permissions for all protected content published on the Platform. Proactive measures are in place to prevent the dissemination of counterfeit content and ensure copyright compliance.

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E-Privacy Directive and Cookie Regulations
Breeve is committed to obtaining prior user consent before placing cookies or other tracking technologies on their online activity, in accordance with the E-Privacy Directive and upcoming regulatory changes regarding electronic communications privacy. The use of collected data for marketing or analytics purposes is subject to rules of transparency and explicit consent.

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Consumer Rights Directive (2011/83/EU)
Breeve respects consumer rights, particularly regarding withdrawal, refunds, and the provision of digital services, ensuring clear and fair terms of use for all users of the Platform.

In the event of non-compliance with the aforementioned European laws or regulations, Breeve commits to taking all necessary corrective measures as soon as possible.

BREEVE cannot be held liable in certain specific situations, such as:

• Temporary unavailability of the Platform due to maintenance or updates. Users acknowledge that BREEVE cannot be held responsible for network transmission malfunctions or interruptions;
• Hardware issues related to users' devices;
• Viral attacks or illegal intrusions into automated data processing systems;
• Abnormal or illegal use of the Platform by users or third parties;
• Users' failure to comply with these CGU;
• BREEVE’s failure to meet obligations due to force majeure, as stipulated in these CGU;
• Any external and independent event affecting BREEVE;
• Users' non-payment of the Membership or Media fees;
• Illegal behavior by Users.

However, BREEVE is obligated to report any illegal activity to the competent authorities and may remove any clearly illegal content from the Platform.

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If a User makes inappropriate or illegal use of the Platform, they will bear full responsibility, including for damages to third parties and any claims or lawsuits that may arise from it.

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1 - Dispute Between Creators (Content Providers) and Users:

It is possible that the content provided by a Creator and acquired by the Breeve platform may give rise to disputes with Breeve users or third parties. In the event of a dispute between a Creator and a User, they may communicate via Messaging to try to resolve the issue amicably.

If no agreement can be reached, Users may request the intervention of BREEVE through its customer support, which may propose a solution to resolve the conflict. The solution proposed by BREEVE will be binding on both parties. In the event of a dispute with a third party, resulting from the provision of content by a creator, BREEVE may intervene to help resolve the matter.

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2 - Dispute Between Third Parties and Creators (Content Providers):

Breeve reserves the right to facilitate direct communication between the third party and the creator to attempt an amicable resolution. If no agreement can be found, Users may request the intervention of BREEVE via its customer support, which may propose a solution to resolve the conflict. The solution proposed by BREEVE will be binding on both parties.

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3 - Disputes Between Users:

In the event of a dispute between users, the concerned users may contact Breeve through customer support, which may propose a solution to resolve the conflict. The solution proposed by BREEVE will be binding on both parties.

BREEVE makes every effort to ensure continuous access to the Platform but cannot guarantee uninterrupted data transmission due to the technical limitations of networks.

In the event of a service interruption lasting more than a week, Users may request a refund of their Subscription by contacting BREEVE via email.

Breeve offers credit card payment options for purchasing content on its platform. In the event of a dispute concerning these credit card transactions, Breeve has established procedures for managing payment-related disputes. These procedures are defined in the General Terms and Conditions of Sale.

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1 - Users’ Obligations:

BREEVE places particular importance on creating a trusted and respectful environment between its Users and Creators. Therefore, when using the Platform, the User must strictly comply with all applicable laws and the rules established by these Terms and Conditions of Use (CGU). Specifically, when submitting requests for Private Media, the User guarantees that they will not violate any laws or regulations, nor behave in a manner contrary to public order or decency.

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In their interactions with Creators and other Users, the User must act respectfully, adhering to rules of courtesy, politeness, and good manners. Users must avoid any comments or behavior that may harm others and refrain from distributing messages that:

• Contain hateful, discriminatory, defamatory, or offensive remarks;
• Constitute harassment;
• Encourage discrimination based on race, religion, gender, age, sexual orientation, or physical appearance;
• Violate the privacy or integrity of other Users and Creators.

The User also agrees never to make payments outside the Platform for services provided by Creators through the Platform. Any transaction outside the Platform constitutes a violation of the CGU. Additionally, concerning exchanges related to Private Media, BREEVE reserves the right, at a Creator’s request, to review communications between the User and the Creator to ensure compliance.

If a User behaves abusively towards a Creator or other Users, particularly concerning Private Media requests, their account will be immediately suspended. This suspension does not preclude subsequent legal action or claims for damages that BREEVE or the Creator may seek.

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Use of Media:

As a User, you do not acquire any ownership or exploitation rights over the Media. The use of the Media is strictly limited to personal viewing and cannot, under any circumstances, be used for commercial or professional purposes.

The User agrees to:

• Not reproduce, distribute, or share the Media published on the Platform, whether for free or for a fee;
• Not modify or alter the Media uploaded by other Users;
• Not share this Media on other platforms or social networks.

Any violation of these rules, whether through unauthorized reproduction, distribution, or illegal sharing of Media, will result in the immediate suspension of the User's account. If BREEVE suspects a serious violation of these commitments, the User's account may be suspended or even deleted, without the right to a refund. In the event of a proven violation, the User will also be liable to pay BREEVE a lump-sum penalty of €400 excluding VAT.

BREEVE is also authorized to demand the removal of illegally shared or reproduced content on other platforms.

Each User of the Platform is obliged to:

• Act fairly and responsibly towards BREEVE, Creators, and other Users;
• Provide honest and truthful information in their interactions with the Platform and its Users;
• Refrain from engaging in illegal practices or violations such as online harassment, pimping, or any other illegal activity;
• Respect the purpose of the Platform, which is to provide a space for sharing creative content, and not use it for criminal purposes;
• Protect the confidentiality of exchanges with Creators, as well as their privacy;
• Not violate the intellectual property rights of BREEVE or Creators by illegally modifying or using content on the Platform;
• Not disrupt the functioning of the Platform’s automated data systems;
• Refrain from any activity that may harm the Platform, such as sending spam, distributing unsolicited commercial messages, or disclosing confidential data.

Additionally, the User agrees not to publish content that is:

• Defamatory, insulting, or harmful to the image of BREEVE or other Users;
• Contrary to European law and public order;
• Inciting hatred, discrimination, or violence against a group or individual.
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Reporting:

In its fight against illegal content, BREEVE has implemented detection tools and a reporting system. These tools detect content that may be considered illegal before it is published. However, these measures are not foolproof, and BREEVE strongly encourages Users to report any suspicious content. Reports can be made via the button present on each Media or directly by email at contact@breeve.io.

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2 - User Responsibility:

The User is fully responsible for their use of the Platform and its Media. In the event of serious or repeated misconduct, BREEVE reserves the right to immediately suspend their Account. If the User has already been suspended multiple times, BREEVE may permanently delete the Account, particularly in cases such as:

• Identity theft;
• Non-compliant payments made outside the Platform;
• Serious violations of image rights or intellectual property rights.

BREEVE will not be held liable for any failure to perform or delay in performing obligations set out in these CGU if this is due to a case of force majeure. Force majeure refers to an event beyond the control of the affected party, unforeseeable at the time of contract conclusion, and unavoidable despite appropriate measures, preventing the responsible party from fulfilling their obligations.

If this event is temporary, the affected obligation will simply be postponed, unless the delay compromises the contract's very purpose, rendering it void. If the impediment is permanent, the contract will automatically terminate, releasing both parties from their respective obligations.

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In the event of force majeure, BREEVE will make every effort to inform the User as soon as possible.

1 - Users’ Intellectual Property and Ownership Rights:

The User grants BREEVE, without financial compensation and on a non-exclusive basis, a license over all intellectual property rights concerning the Content, including Media, that they publish on the Platform, under the following conditions:

• Right of Distribution: This allows for the communication and sharing of all or part of the Content through various media, including BREEVE’s platform. It is expressly stated that this communication will be done as part of promotion and advertising.
• Right of Reproduction and Modification: BREEVE is authorized to create an unlimited number of copies of the Content, in digital or physical format, using any technology, without limitations in terms of quantity or format. Additionally, respecting the User’s moral rights, BREEVE reserves the right to modify any part of the User’s content that does not comply with the platform's legal or ethical standards. Breeve may also adjust the Content, including formats, colors, and media, and may add captions, text, or any other necessary elements. This license is valid worldwide for the entire duration of the User’s use of the Platform and is limited to the exploitation and promotion of the Platform.
  
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2 - BREEVE’s Intellectual Property:

BREEVE grants Users a personal, non-exclusive, and non-transferable license to access and use the Platform and the information it contains, in accordance with these CGU. This license applies worldwide, for the entire duration of the contract, and in exchange for the payment of sums owed under the CGU.

The User acknowledges BREEVE's intellectual property rights over the Platform and agrees to respect them.

All elements present on the Platform, such as trademarks, logos, slogans, graphics, animations, videos, software, texts, and other content, belong exclusively to BREEVE and cannot be used or distributed without its explicit authorization.

Users are not allowed to:

• Modify, alter, or create derivative works from the Platform;
• Decompile, disassemble, or reverse-engineer all or part of the Platform.

Any reproduction or representation of the Platform and its content, carried out without prior consent from BREEVE, will be considered a violation of its rights. BREEVE specifically prohibits:

• The extraction, by any method, of all or a substantial part of the Platform or its database;
• The unauthorized reuse of substantial elements of the Platform or its database.

By accepting these CGU, the User acknowledges BREEVE’s intellectual property rights and agrees to fully respect them. Any other use of the Platform outside the scope authorized by this license will require prior explicit consent from BREEVE.

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The personal information and data of Users are processed by BREEVE in the context of the execution of the contract, formalized by the User's acceptance of these Terms and Conditions of Use (CGU). Unless otherwise specified, this data is necessary for the proper execution of the contract.

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In accordance with the current regulations regarding personal data protection (GDPR), the User has several rights, including the right to object to the processing, access their data, correct or delete it, under the conditions provided by Irish legislation. To exercise these rights, the User can contact BREEVE via email at the following address: contact@breeve.io.

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For more details on the collection and processing of personal data by BREEVE, as well as the use of Cookies on the Platform, the User is invited to consult the Privacy and Cookie Policy.

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Additionally, BREEVE reserves the right to use information related to the User's activity to improve their experience on the Platform. This will allow BREEVE to provide Media or Creator recommendations that may interest the User directly in their News Feed. All such data will be considered confidential and will be stored in secure environments.

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Irish law applies to these CGU.

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The Client is informed that they can, in any case, resort to conventional mediation or sector-specific mediation bodies, or any other alternative dispute resolution method in the event of a dispute. However, it is reminded that the User is invited to contact customer service at contact@breeve.io, which will be available to listen and attempt to find a solution to the issue as much as possible.

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Any dispute regarding the validity, interpretation, execution, or non-execution of these Terms and Conditions of Use will be submitted to the competent court according to the procedural rules in force at the time of the dispute.

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In the absence of an amicable resolution or recourse to mediation, the Irish courts will have jurisdiction over all disputes arising from these CGU.

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Since February 15, 2016, the European Commission's online dispute resolution platform has been open to the public. Any consumer encountering a dispute with a company located in the Union can file a mediation request through this European platform: http://ec.europa.eu/consumers/odr.