Terms of Use

1. Definitions

• Hugz: a message (text, photo, video, audio) created by a user for one or more recipients. • Capsule: a personal space containing the user's Hugz, with an automatic trigger mechanism. • HugVeille: an automatic reminder system (D-7, D-3, D-1) allowing the user to confirm their presence or postpone the watch date. • HugGuard: a trusted contact designated by the user, who can confirm or block the activation of a Capsule. • HugOne: the intended recipient of a Hugz. • HugBox: a personal and temporary page (12 or 24 months) accessible by the HugOne via a unique link. • HugCert: a blockchain certification service (Polygon) that proves the authenticity and creation date of a Hugz. • HugLink: an intermediary contact responsible for passing on a Hugz to a child or a person without direct contact. • HugSafe: a security mechanism involving HugGuards during the activation of a Capsule.

2. Registration and Account

Registration is free and open to any individual of legal age. The user provides a first name, a valid email address, and a password. The user is responsible for the confidentiality of their credentials. Any use of the account is presumed to be made by the user. In the event of suspected unauthorized access, the user must immediately notify Hugete at contact@hugete.com.

3. Description of the Service

Hugete allows its users to: • Create and schedule messages (Hugz) for specific dates. • Set up a Capsule with an automatic watch mechanism (HugVeille). • Designate HugGuards as trusted contacts. • Deliver messages via personal HugBoxes. • Certify the authenticity of messages via the blockchain (HugCert).

The Service is provided "as is." Hugete undertakes to use all reasonable means to ensure the availability and proper functioning of the Service, without guaranteeing the complete absence of interruptions.

4. Plans and Pricing

The Service is offered in three plans: • Free: free of charge, limited to 2 simultaneously active Hugz. • Premium (€1.99/month): unlimited Hugz, Capsule, HugVeille, HugBox. • Premium+ (€4.99/month): all Premium features + unlimited HugGuards, HugLink, HugSafe, extended HugBox (24 months).

The HugCert service is available as an option: €2.99 per Hugz, €9.99 for a pack of 5, €17.99 for a pack of 10.

Prices are inclusive of all taxes. Hugete reserves the right to modify its pricing at any time; changes will not affect current subscriptions.

5. Payment

Payments are securely processed by Stripe, Inc. (stripe.com). Hugete does not store any credit card data. Subscriptions are automatically renewed on a monthly basis. The user may cancel at any time from their account settings; cancellation takes effect at the end of the current billing period.

6. Right of Withdrawal

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for digital content provided on an intangible medium whose execution has begun with the express consent of the consumer. By accepting these ToU and immediately using the Service, the user expressly waives their right of withdrawal for consumed HugCert credits.

7. User Obligations

The user agrees to: • Provide accurate and up-to-date information. • Not use the Service for unlawful, defamatory, threatening, or harassing purposes. • Not transmit content that infringes on the rights of third parties. • Respect the dignity of individuals designated as HugOnes. • Not attempt to circumvent the Service's security mechanisms.

Hugete reserves the right to suspend or delete any account in the event of a violation of these ToU.

8. User Content

The user retains all intellectual property rights over the content they create (texts, photos, videos, audio). By using the Service, the user grants Hugete a limited, non-exclusive license to store, process, and transmit this content solely for the purpose of operating the Service. This license ends upon deletion of the content or the account.

9. Role and Responsibility of the HugGuard

The HugGuard is a trusted contact voluntarily designated by the user. Their role is limited to: • Confirming the activation of a Capsule if the HugSafe mechanism is triggered. • Blocking an accidental activation during the 48-hour grace period.

The HugGuard has no access to the content of Hugz, the list of HugOnes, or any information about the user's messages. The HugGuard only knows that a Capsule exists. The user is solely responsible for choosing their HugGuards.

10. HugCert and Blockchain

The HugCert service allows the certification of a Hugz via a SHA-256 hash recorded on the Polygon blockchain (mainnet). A signed PDF certificate is generated. The certification proves the existence and integrity of the content at a given date. It does not constitute an authentic legal document. The certification is irreversible once the transaction is recorded on the blockchain.

11. Data Retention and Deletion

Data is retained in accordance with our Privacy Policy. The user may delete their account at any time from their personal settings. Deletion results in the irreversible erasure of all data, Hugz, HugOnes, and Capsules, unless required by law to be retained. HugBoxes already delivered remain accessible to their recipients until their expiration date.

12. Intellectual Property

The Service, its source code, design, texts, trademarks, and all its elements are the exclusive property of Philippe Jondet / Fabrica Digitalis. Any unauthorized reproduction or use is prohibited and constitutes infringement punishable under articles L.335-2 et seq. of the French Intellectual Property Code.

13. Limitation of Liability

Hugete shall not be held liable for: • Temporary interruptions of the Service due to maintenance or force majeure. • Loss of data resulting from the user's voluntary deletion of their account. • Content created and transmitted by users. • Consequences of a HugOne receiving a Hugz. • Decisions made by a HugGuard.

Hugete's liability is limited, in all cases, to the amounts paid by the user over the preceding 12 months.

14. Mobile Application and App Stores

The Service may be accessible via a mobile application available on the Apple App Store and/or the Google Play Store. Use of the application is subject to these ToU as well as the terms of use specific to each store. In the event of a conflict, these ToU shall prevail to the extent permitted by the stores. In-app purchases (subscriptions, HugCert credits) are processed by Stripe, unless store rules require the use of their payment system.

15. Amendments to the ToU

Hugete reserves the right to amend these ToU at any time. Users will be notified by email of any substantial changes at least 30 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated ToU.

16. Applicable Law and Jurisdiction

These ToU are governed by French law. In the event of a dispute, and after an attempt at amicable resolution, the competent courts within the jurisdiction of the Cour d'appel de Chambéry shall have exclusive jurisdiction.

In accordance with articles L.611-1 and R.612-1 of the French Consumer Code, in the event of an unresolved dispute, the user may have recourse free of charge to the consumer mediator: Centre de Médiation et d'Arbitrage de Paris (CMAP) — cmap.fr.