Terms & Conditions

Dernière mise à jour / Last Updated: November 5, 2025

PREAMBLE

This website and application are operated by Moojito SAS, a société par actions simplifiée (SAS) registered in France, operating under the brand name "Favikon" (hereinafter referred to as "Favikon"). Throughout the site and application, the terms "we", "us" and "our" refer to Favikon.

Favikon offers an AI-powered influencer marketing platform, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or signing into our application, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms" or "ToS"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website or application. By accessing or using any part of the site or application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

1. DEFINITIONS

Whenever used in these ToS with a capital letter, the following terms shall have the meanings set forth below:

Account: means a valid account providing access to the Platform for the Client and/or User, or for the Creator;

Campaign: means any communication campaign, including influencer marketing campaigns, organized by the Client and/or their Users in collaboration with one or more Creators;

Client: means any natural or legal person, including advertisers, communication agencies, or brands, who has subscribed to a Subscription as part of their professional activity;

Content: means any data and/or content freely accessible from social networks and made accessible in an automated manner via the Platform or by Clients, Users, and Creators;

Creator: means an influencer or content creator who is professionally active on social media platforms and who, by their status, position, or media exposure, is capable of being an opinion leader influencing consumer habits for marketing purposes. Creators indexed on the Platform are individuals or entities who present themselves publicly as professional content creators engaged in commercial activities, brand collaborations, and influencer marketing, and who reasonably expect their public professional information to be used for business networking and commercial opportunities;

Personal Data: means, within the meaning of applicable regulations (including GDPR and French data protection law), any information relating to an identified or identifiable natural person;

Platform: means the platform published and made available by Favikon, accessible in Software as a Service (SaaS) mode at www.favikon.com and related domains;

Public Political Figure: means an individual who has entered the public arena through political activity and holds or has held an official political position, represents a political party, or professionally identifies as a political commentator or analyst. Public Political Figures are individuals who have explicitly and publicly stated their political affiliations, positions, or roles, and who reasonably expect such information to be processed in the context of public political discourse;

Services: means the services associated with the Platform offered by Favikon, including influencer discovery, analytics, campaign management tools, performance tracking, and related features;

Subscription: means the contract concluded between Favikon and a Client, consisting of one or more purchase orders and Favikon's general terms and conditions of sale, governing access to the Platform by the Client and, where applicable, by their Users;

ToS: means these general terms of use of the Platform;

User: means any adult natural person employed by or contracting with the Client and duly authorized by the Client to use the Platform for professional purposes under the conditions provided in the Client's Subscription.

2. PURPOSE AND SCOPE

2.1 Acceptance of Terms

By using the Platform, Clients, Users, and Creators acknowledge having read and expressly accepted without reservation these ToS. They are accessible at any times from the footer of the Platform.

Clients acknowledge that access to and use of the Platform by them and their Users are also subject to the specific conditions provided in the Subscription. These specific conditions govern the relationship between Favikon, the Client, and its Users and shall have contractual value similar to these ToS. In case of contradiction, the general conditions relating to the Subscription shall prevail for the interpretation of the obligation in question.

2.2 Modification of Terms

Favikon reserves the right to modify and update these ToS at any time, at its sole discretion.

In case of major modifications to the ToS, notification will be made by email to Clients and Users, and in the form of a pop-up upon their next login for Creators, to inform them and provide them with a link to the new version of the ToS.

Use of the Platform after the date of modification of the ToS constitutes acceptance thereof.

2.3 Language

These ToS are drafted in both French and English. In case of any discrepancy between the French and English versions, the English version shall prevail, as it is the only version that is legally binding.

3. DESCRIPTION OF THE PLATFORM AND SERVICES

3.1 Platform Overview

The Platform allows Clients and Users to:

• Search and identify the most relevant Creators for their Campaigns through an advanced search engine with customizable filters;
• Build a directory of Creators by adding labels, favorite profiles, and personalized annotations;
• Access detailed analytics and performance metrics for Creators;
• Manage their Campaigns through a shared dashboard;
• Measure and share Campaign performance through reporting tools;
• Compare their performance with industry benchmarks through competitive intelligence tools;
• Export data and reports in various formats;
• For Public Political Figures, view explicitly stated political roles, affiliations, and positions to help identify creators relevant for public affairs and political communication campaigns.

The Platform also provides Creators with:

• Access to their own analytics and performance statistics across multiple social media platforms;
• Visibility to potential brand partners and agencies;
• Tools to track their audience growth and engagement metrics.

3.2 Nature of the Service

Favikon provides a software platform and does not act as an intermediary, representative, or advisor in the relationships between Clients and Creators. Favikon does not make recommendations to help Clients select a Creator for a Campaign. The Platform provides only an optimized search engine reproducing "as is" Creator Content collected automatically from their various social media networks, without prior selection or sorting.

Clients remain solely responsible for defining their needs and the relationships they maintain with Creators selected by them within the framework of the Services.

Any contractual relationship that may arise from contact between a Client or User and a Creator is directly managed between them, without intervention, intermediation, representation, or advice from Favikon.

3.3 No Affiliation with Social Media Platforms

Important Disclaimer:

Favikon is an independent platform and is NOT affiliated with, endorsed by, sponsored by, or officially connected to any social media platform, including but not limited to:

• Instagram (Meta Platforms, Inc.)
• LinkedIn (Microsoft Corporation)
• TikTok (ByteDance Ltd.)
• YouTube (Google LLC)
• Twitter/X (X Corp.)
• Facebook (Meta Platforms, Inc.)

Our Relationship with Social Media Platforms:

• We collect ONLY publicly available data through third-party data aggregation services
• We do NOT use official social media platform APIs
• We are NOT authorized representatives, partners, or affiliates of any social media platform
• We do NOT claim any endorsement or approval from social media platforms
• Social media platform names, logos, and trademarks are the property of their respective owners

Trademark Notice:

All trademarks, service marks, trade names, logos, and brand names mentioned or displayed on our Platform are the property of their respective owners. Use of these trademarks does NOT imply affiliation with or endorsement by their owners.

Platform Terms Compliance:

While we collect only publicly available information, users of our Platform who connect their social media accounts through third-party integrations (such as Unipile) are responsible for complying with the terms of service of the platforms they connect.

4. ACCESS TO THE PLATFORM

4.1 Client and User Access

4.1.1 Subscription Requirement

Each Client must have subscribed to a Subscription allowing them to access the Platform through their Account and, if applicable, to give access to the Platform to their Users through their Accounts.

The Client acknowledges that the Subscription must provide as many licenses as there are Users to whom the Client wishes to give access to the Platform.

4.1.2 Identification and Login Credentials

Upon subscription, the Client receives an email containing their unique identifier and a link redirecting them to the Platform to create their personal password. The same applies to each User for whom a license has been provided in the Subscription.

Clients and Users must keep their identifiers and passwords secret, refraining from any disclosure and protecting them against unauthorized access by third parties, to ensure their confidentiality. Clients and Users must not share their identifiers and passwords with third parties and are responsible for the use of their Account.

Clients and Users undertake to inform Favikon immediately of any unauthorized access or use of their identifiers and/or passwords, or of any other security breach, so that Favikon can cancel or update the identifier and/or password.

Favikon reserves the right to immediately suspend or restrict the access rights of a Client and/or one of their Users if Favikon is informed, or has reason to suspect, a violation of their obligations by this Client or User.

4.2 Creator Access

4.2.1 Registration

Registration is open to any Creator, provided, however, that if they are a natural person, they are over thirteen (13) years old.

Minor Creators must obtain prior authorization from their parents or legal representatives before any registration, Account creation, and use of the Platform. The parents or legal representatives of a minor Creator acknowledge having read and expressly accepted without reservation these ToS before authorizing the Creator's registration.

By registering on the Platform, the Creator or, if they are a minor, their parents or legal representatives, certify having full legal capacity to register on the Platform, to receive collaboration requests, and to perform the services that may be commissioned from them in the context of a Campaign.

4.2.2 Professional Declarations

The Creator declares being solely responsible and having made all prior declarations necessary for the practice of their profession and the performance of services related to Campaigns with the competent administrative authorities. The Creator acknowledges that their activity may be subject to regulatory, social, or tax provisions that they must comply with.

In this regard, the Creator is informed of the "DAC7" directive (Directive (EU) 2021/514) which requires platforms and other relevant actors to provide competent tax authorities with information on sellers of products or services. Under these conditions, the Creator is informed that Favikon may request any necessary information from them to meet its own transparency or reporting obligations to the tax administration. The Creator undertakes to cooperate expressly with Favikon upon first request, as a determining condition.

For this purpose, Favikon may be accompanied by any partner of its choice to be assisted with compliance with its tax and regulatory obligations, which the Creator acknowledges and expressly accepts. They undertake to collaborate with any third party designated by Favikon in this context, including through payment tools made available as part of the Services.

4.2.3 Account Security

Upon registration, the Creator creates an identifier and secure password that they must enter each time they log in to access their Account.

The Creator must keep their identifier and password secret, refraining from any disclosure and protecting them against unauthorized access by third parties, to ensure their confidentiality. Each Creator is responsible for the use of their Account.

Favikon makes its best efforts to ensure the security of the Platform and maintain the confidentiality of data entered, produced, and exchanged. However, Favikon's liability cannot be engaged in case of malicious introduction to the Creator's storage space, provided it is not demonstrated that the security measures it has implemented were seriously deficient. Furthermore, Favikon cannot be held responsible for any lack of vigilance on the part of the Creator in maintaining the confidentiality of their identifier and password.

Favikon reserves the right to suspend or restrict the access rights of a Creator if Favikon is informed, or has reason to suspect, a violation of their obligations by the Creator.

4.2.4 Profile Linkage

Since the Platform functions as a Creator search engine, whose results come from Content publicly accessible from social media and collected automatically or by a Client or User, a Creator may wish to register when their profile already exists on the Platform:

• If the Creator has already been referenced on the Platform by a Client or User, the Creator will be provided with a registration link allowing the direct linking of their newly created Account with their pre-existing profile;
• If the Creator is referenced on the Platform outside of any action by a Client or User, a link between their newly created Account and their pre-existing profile will be made automatically.

Important Notice on Public Data: Creators acknowledge that their profiles may appear on the Platform based solely on publicly available information from their social media accounts, even before they create a Favikon account. This is because Favikon indexes publicly accessible Creator profiles as part of its search and discovery functionality. By maintaining public social media profiles, Creators consent to this information being viewable and searchable by third parties, including platforms like Favikon. Creating a Favikon account allows Creators to claim, verify, and enhance their existing profile with additional features and analytics.

Upon registration and any use of the Platform, the Creator undertakes to provide accurate and complete information about their identity. In particular, the Creator undertakes not to create a false identity likely to mislead Clients and Users and not to impersonate another person. The Creator undertakes to immediately update, in case of modification, the data they have provided on their Account.

4.3 Age Restrictions and Parental Consent

Use of the Platform by minors (persons under 18 years of age) is permitted for Creators aged 13 and over with parental or legal guardian consent. Clients and Users must be of legal age (18 years or older) in their jurisdiction.

Parents or legal guardians of minor Creators:

• Must review and accept these ToS on behalf of the minor;
• Remain responsible for all activities conducted through the minor's Account;
• Must ensure that the minor's use of the Platform complies with all applicable laws and regulations.

5. PLATFORM FUNCTIONALITY AND SERVICES

5.1 Creator Search and Discovery

Clients and Users can search for desired Creators for their Campaigns using an advanced search engine, based on keywords, mentions, or hashtags, and using filters related to Creator profiles or the size and profile of their audience.

This search engine operates based on a catalog consisting of Creators registered on the Platform, but also Creators whose profiles were created by a Client, User, or automatically, reproducing only information made public by Creators on their social networks and related statistics.

Clients and Users can export their search results in XLSX format.

For each Creator, Clients and Users access a descriptive profile that includes the following elements: community description, online activity description, performance indicators, audience interest, and latest published content.

5.2 Creator Profile Creation

Clients and Users have the ability to create dedicated Creator profiles on the Platform for Creators who are not already registered or referenced in Favikon's database. To do this, they simply use the functionality provided for this purpose and enter the URL of the Creator's profile on social networks.

Creator profiles created in this way will be visible on the Platform by all Clients and Users.

5.3 Campaign Management

Clients can create, name, and share Campaigns through a dedicated feature. This functionality allows them to view for each Campaign: objectives, Creators, Campaign-related messages, and statistical reporting of Campaign data.

Campaign reporting tools function using mentions, hashtags, and keywords used, allowing content associated with them to be retrieved from social networks and statistics to be created.

Campaign performance reports, formatted by Favikon, can be exported in various formats and shared by the Client via a link allowing the recipient to view them online, day by day.

Messaging Integration: Clients may use third-party messaging integrations (such as Unipile for LinkedIn and Instagram) to contact Creators as part of their Campaigns. Use of such integrations is subject to Section 14.2 of these ToS and the terms of service of the respective third-party platforms and integration providers.

5.4 Performance Analysis and Competitive Intelligence

The Platform allows analysis of Campaign performance based on KPIs (key performance indicators) and statistics created from Content collected on social networks.

The overall performance of Campaigns and Creators for each Client is also analyzed, allowing Clients and Users to compare their KPIs with those of other Clients and conduct competitive intelligence.

5.5 AI-Powered Features and Data Analysis

Favikon uses artificial intelligence to enhance user experience and provide advanced analytics through various AI-powered features described in detail below.

5.5.1 Message Storage and AI Analysis

AI Inbox and Message Analysis: When you send or receive messages through the Platform's messaging features (including via third-party integrations such as Unipile for LinkedIn and Instagram), Favikon stores these messages in its secure database. This storage is necessary to:

• Display message threads and conversation history on the Platform;
• Enable AI Inbox functionality that analyzes messages in real-time;
• Power AI agents that can automatically update campaign statuses, draft responses, and perform other automated actions based on message content;
• Provide context for AI-driven recommendations and insights.

Legal Basis: Processing is necessary for the performance of our contract with you (GDPR Article 6(1)(b)) and to provide the Services you have requested.

Data Retention: Messages are stored on secure servers with restricted access. Favikon retains message data for a maximum period of three (3) years from the date of the message, in compliance with GDPR requirements.

Your Rights: Users have the right to request access to, correction of, or deletion of their message data at any time by contacting privacy@favikon.com.

Data Controller Roles: For message data exchanged between Clients and Creators, both parties act as independent data controllers for their respective sent and received messages. Favikon acts as a data processor providing the technical infrastructure for message transmission and storage.

5.5.2 Creator Content and Profile Analysis

Content Topic and Theme Analysis: Favikon uses AI to analyze publicly available Creator content, profiles, and biographical information to provide enhanced insights including:

• Topic Classification: Identifying themes and subject matters discussed in Creator content (e.g., business, technology, lifestyle, sports, entertainment, political topics, etc.)
• Industry Categorization: Classifying Creators by professional focus and content niche
• Audience Demographics: Analyzing publicly available audience data
• Performance Metrics: Calculating engagement rates, reach, and other performance indicators

Important Note: Topic classifications reflect the SUBJECTS discussed in content, not the Creator's personal beliefs, political opinions, or affiliations.

Professional Role Display: For Creators who publicly identify with specific professional roles (including political officials, party representatives, or similar public positions), the Platform may display such roles as explicitly stated in the Creator's own public profile or biography. This information is only processed where the Creator has clearly and deliberately made such information public themselves.

5.5.3 Political Information for Public Political Figures

Scope of Application: Political classification is applied ONLY to individuals who meet ALL of the following criteria:

1. Public Figure Status: The individual is a Public Political Figure, including but not limited to:
   • Elected officials (members of parliament, ministers, local government officials)
   • Political party officials, leaders, or representatives
   • Professional political commentators who explicitly identify as such
   • Political activists or advocates who publicly represent political organizations
2. Explicit Public Declaration: The individual has explicitly and publicly stated their political position, affiliation, or role through:
   • Official political positions or elected roles
   • Self-identification in their public profile or biography
   • Public statements, speeches, or declarations
   • Official party membership or representation
3. Manifestly Made Public: The political information has been manifestly made public by the individual themselves through deliberate, affirmative action intended to make such information accessible to the general public.

Legal Basis: Processing of political information for Public Political Figures is based on:

• Article 9(2)(e) GDPR: Processing relates to personal data which are manifestly made public by the data subject
• Article 6(1)(f) GDPR: Legitimate interest in providing a comprehensive platform for influencer discovery in the context of professional political communication and public affairs campaigns

What We Display: For qualifying Public Political Figures, the Platform may display:

• Explicitly stated political party affiliation or membership
• Official political position or role (e.g., "Member of Parliament", "Party President")
• Self-declared political orientation or perspective where explicitly stated by the individual (e.g., "Conservative commentator" as stated in their bio)
• Political topic focus based on their professional role

What We Do NOT Do:

• We do NOT use AI to infer or classify political opinions from content analysis
• We do NOT assign political orientations based on algorithmic analysis of posts or statements
• We do NOT classify individuals as political unless they have explicitly identified themselves as such
• We do NOT process political data for individuals who have not manifestly made such information public

Important Limitations:

1. Display Not Endorsement: The display of political information does not constitute Favikon's endorsement of, or agreement with, any political position, party, or ideology.
2. Based on Public Statements: Political classifications are based solely on information that the individual has explicitly and publicly stated themselves. We do not make judgments or inferences about political beliefs.
3. Subject to Change: Political affiliations and positions may change over time. We update classifications based on current public information.
4. Accuracy Disclaimer: While we strive for accuracy, political classifications are provided "as is" and should be independently verified. We do not guarantee the accuracy or completeness of political information.

Creator Rights: Any Creator classified as a Public Political Figure has the right to:

• Request review of their political classification
• Dispute any political information displayed
• Request removal of political classification if they believe it does not meet the criteria above
• Update political information if their affiliation or position has changed

To exercise these rights, contact: privacy@favikon.com

Data Protection: For Public Political Figures who are registered Creators on the Platform, we process political data as a data controller. We implement appropriate technical and organizational measures to protect this sensitive data and ensure it is processed fairly, lawfully, and transparently.

5.5.4 Authenticity Scoring

Authenticity Scoring: The Platform uses AI algorithms to analyze Creator content and activity patterns on platforms including LinkedIn and X (formerly Twitter) to generate an "Authenticity Score." This score assesses factors such as:

• Engagement patterns and quality
• Content originality and consistency
• Follower growth patterns
• Potential indicators of artificial engagement, templated content farming, or suspicious activity

The Authenticity Score is provided as an analytical tool to help Clients make informed decisions. As stated in the Platform interface, "This AI-generated score may contain errors and should be independently verified; it does not reflect a judgment of the creator's professional value."

Important Disclaimers:

• The Authenticity Score is provided on an "as is" basis and may contain errors
• Should be independently verified before making business decisions
• Does not constitute a judgment of the Creator's professional value or character
• May change as algorithms are updated
• Creators may dispute their Authenticity Score or request review by contacting privacy@favikon.com

5.5.5 AI Analysis Limitations and General Disclaimers

All AI-generated analyses, scores, classifications, and insights:

• Are provided on an "as is" basis and may contain errors or inaccuracies
• Should be independently verified before making decisions based on them
• Are based on algorithmic analysis of public content and do not represent Favikon's opinions or judgments
• May be disputed by Creators by contacting Favikon
• Are subject to change as Favikon continuously improves its AI algorithms

User Consent: By using the Platform's messaging features, you consent to the storage and AI analysis of your messages as described above. By maintaining a public Creator profile, Creators consent to AI analysis of their publicly available content for the purposes described in these Terms.

6. DATA SOURCES AND THIRD-PARTY INFORMATION

6.1 Data Collection

Public Data Only: Favikon collects and processes only publicly available data. All Creator data, statistics, and content displayed on the Platform are derived exclusively from information that Creators have made publicly accessible on their social media profiles. Favikon does not access, collect, or process any private, restricted, or non-public information from social media accounts.

Professional and Commercial Profiles Only: Favikon indexes and processes data exclusively from social media profiles of individuals and entities who present themselves as influencers, content creators, or other professionals engaged in commercial activities on social media platforms. The Platform is designed solely for business-to-business (B2B) and business-to-professional purposes in the context of influencer marketing.

Favikon does not collect, process, or index data from:

• Personal, non-commercial social media accounts;
• Private individuals who are not engaged in professional content creation or influencer activities;
• Accounts that do not demonstrate commercial intent or professional activity;
• Minors under 13 years of age;
• Accounts that are clearly personal in nature without business or promotional purposes.

The profiles included in the Platform are those of individuals who, by their public presentation, activity, audience size, engagement patterns, and content type, demonstrate that they are potentially operating in a professional capacity as influencers or content creators seeking commercial collaborations with brands and businesses. This professional and commercial context provides a legitimate interest basis for data processing under GDPR Article 6(1)(f), as the individuals concerned reasonably expect their publicly available professional information to be used for business networking and commercial opportunities.

Political Data for Public Political Figures: For individuals who are Public Political Figures (as defined in Section 1), Favikon may collect and display political information that these individuals have explicitly and publicly stated, including official political positions, party affiliations, and professional political roles. This information is collected only from sources where the individual has manifestly made the information public through deliberate, affirmative action.

Favikon aggregates and processes data from various publicly available sources and third-party data providers to provide influencer analytics, rankings, and insights. This data is collected through third-party data sources and not through official APIs of social media platforms.

Data Sources: The data on the Platform originates from:

• Information publicly displayed on Creator social media profiles that demonstrate professional/commercial activity;
• Publicly accessible posts, statistics, and engagement metrics from professional content creators;
• Third-party data aggregators that compile public social media information;
• Creator-provided information when they register and synchronize their accounts (with explicit authorization).

Favikon does not and cannot access:

• Private messages or direct communications on social media platforms;
• Non-public posts, stories, or content restricted to specific audiences;
• Private account information or analytics not publicly displayed;
• Any data that requires authentication or special access permissions to view.

6.2 Data Accuracy and Limitations

You acknowledge and understand that:

(a) The data provided by Favikon is aggregated from third-party sources and public information and may not reflect real-time updates;

(b) Favikon does not guarantee the absolute accuracy, completeness, or timeliness of influencer data, analytics, or metrics displayed on the Platform;

(c) Influencer rankings, scores, and analytics (including the Favikon Score and Authenticity Score) are calculated using Favikon's proprietary algorithms and methodologies, which are subject to periodic updates and improvements;

(d) Content is freely accessible from social networks. Favikon does not moderate Content a priori. Favikon does not guarantee the completeness of Content, nor the accessibility of Content in real time, it being specified that a delay of a few days between Content posted by a Creator and information appearing on that Creator's profile accessible via the Platform is possible;

(e) You should use the information provided by Favikon as one of several tools in your decision-making process and should conduct your own due diligence before engaging with any influencer or creator.

Favikon makes reasonable efforts to ensure data accuracy but cannot be held liable for any decisions made based solely on the information provided through our Platform.

6.3 AI-Enhanced Data Processing

In addition to collecting publicly available data as described in Section 6.1, Favikon uses artificial intelligence and machine learning algorithms to:

• Analyze and categorize Creator content, including identifying themes, topics, and sentiment;
• Generate performance predictions and recommendations;
• Classify Creators by industry, niche, and other relevant categories;
• For Public Political Figures who have explicitly stated their political affiliations, display such political roles and positions;
• Calculate proprietary metrics including but not limited to Authenticity Scores, Brand Fit scores, and Favikon Scores;
• Process and analyze messages sent through the Platform for the purpose of providing AI-powered features such as AI Inbox.

All AI processing is performed in accordance with applicable data protection laws, including GDPR. The legal basis for this processing is:

• Legitimate interest (GDPR Article 6(1)(f)) for processing publicly available Creator data for business networking and commercial opportunity purposes;
• Contractual necessity (GDPR Article 6(1)(b)) for providing AI-enhanced features to Clients and Users;
• Consent (GDPR Article 6(1)(a)) where explicitly provided by Creators who register accounts and enable advanced features;
• Manifestly made public (GDPR Article 9(2)(e)) for processing political data of Public Political Figures who have explicitly stated such information publicly.

7. CONTENT AND USER RESPONSIBILITIES

7.1 Creator Content Responsibility

Creators are solely responsible for Content of any nature (editorial, graphic, audio, audiovisual, or other) published and/or exchanged through their use of the Platform and Services.

Creators guarantee to Favikon that they have all rights and authorizations necessary for the dissemination of this Content.

Creators undertake that said Content is lawful, does not infringe public order, morality, or the rights of third parties, does not violate any legislative or regulatory provision, and more generally, is in no way likely to engage Favikon's civil or criminal liability.

7.2 Prohibited Content

Creators are prohibited from disseminating or exploiting, including but not limited to:

• Pornographic, obscene, indecent, shocking, or inappropriate content for family audiences, defamatory, insulting, violent, racist, xenophobic, or revisionist content;
• Counterfeit content;
• Content infringing on the image of a third party;
• False, misleading content or content proposing or promoting illegal, fraudulent, or misleading activities;
• Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.);
• More generally, Content likely to infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.

7.3 Compliance with French Influencer Marketing Law

Creators remain solely responsible for compliance with the provisions of Law No. 2023-451 of June 9, 2023, regulating commercial influence (French influencer marketing law). They undertake to implement any compliance action with regard to applicable law and respect any mandatory disclosure that would be necessary in their relationships with Clients.

Favikon's liability cannot in any case be sought in this regard, which Creators acknowledge and expressly accept.

7.4 Client and User Responsibilities

Clients and Users undertake to use the Platform and Content only for their own needs and for commercial development and marketing, to the exclusion of any other use. Clients and Users are prohibited from commercializing all or part of the Platform and Services and from transmitting Content accessible from the Platform to third parties.

Clients and Users are solely responsible for their activity via the Platform, both in searching for Content and in creating Creator profiles or exchanges with Creators. Before creating a Creator profile on the Platform, Clients and Users must ensure that this action is consistent with the purpose of the Platform and does not infringe the rights of third parties.

Clients and Users can only use Content accessible via the Platform for the purposes provided within the framework of the Services and in compliance with the general conditions of social networks from which Content is collected. Clients and Users must pay attention to regulations applicable to Content, being solely responsible for their use.

Messaging Data and AI Features: Clients and Users acknowledge that:

• Messages sent or received through the Platform are stored and may be analyzed by AI systems to provide enhanced functionality;
• They are responsible for ensuring they have appropriate legal basis and consent (where required) to communicate with Creators and for Favikon to store and process such communications;
• They will use AI-generated insights (including Authenticity Scores and political classifications) responsibly and will conduct independent verification before making business decisions;
• They will not misuse AI features for purposes of harassment, discrimination, or any unlawful activity.

7.5 Reporting Inappropriate Content

Clients, Users, and Creators can report to Favikon via the Platform any inappropriate or manifestly illegal content, the fact that a Creator profile exists in duplicate, or the fact that a Creator profile is not relevant, that one of their social networks is missing, or that the influence theme is incorrect, so that Favikon can remedy it as soon as possible.

In any case, Clients, Users, and Creators can send notification of illegal content to Favikon at: 14 avenue du Général de Gaulle, Saint-Mandé, France or admin@favikon.com with the following information: (i) date of notification, (ii) name, first name, employment, address, nationality, date and place of birth (and for a company: form, name, address, and its representative); (iii) a description of the facts and their location; (iv) the reason for the notification (with legal explanation); (v) a copy of the letter sent to the author of the content or justification that this author cannot be contacted.

8. INTELLECTUAL PROPERTY

8.1 Favikon's Intellectual Property Rights

Favikon grants a limited, personal, non-transferable, and non-exclusive right of access and use allowing Clients, Users, and Creators to use the Platform and Services in accordance with these ToS.

Favikon's trademarks, the Platform, and all its content, characteristics, and functionalities, excluding Content relating to Creators collected automatically from their various social networks, are the exclusive property of Favikon and are protected respectively by trademark law, copyright law, and database rights.

8.2 Restrictions on Use

Clients, Users, and Creators acknowledge that access to the Platform does not confer upon them any property right over the Platform, its content, its characteristics, and its functionalities. Only a right to use the Platform in accordance with the terms of these ToS is granted to them during the period of their registration on the Platform.

Clients, Users, and Creators are prohibited from infringing elements of the Platform protected by intellectual property rights, including reproducing, representing, modifying, adapting, translating them, or extracting and/or reusing a qualitatively or quantitatively substantial part thereof.

The Platform and Content it includes may only be used for the professional and internal needs of the Client, User, or Creator and must in no case be made available to third parties or commercialized.

8.3 Database Rights

The Platform constitutes a database protected under French and European law. Clients, Users, and Creators are prohibited from:

• Extracting or reusing a qualitatively or quantitatively substantial part of the content of the Platform's database;
• Repeatedly and systematically extracting or reusing qualitatively or quantitatively non-substantial parts of the content of the Platform's database when these operations clearly exceed normal use conditions;
• Making available to the public all or a qualitatively or quantitatively substantial part of the content of the Platform's database.

Any use of the Platform that is not expressly authorized by these ToS constitutes a violation of these ToS and may be subject to legal proceedings, including for infringement.

9. GUARANTEES AND LIABILITIES

9.1 Favikon's Obligations and Liability

9.1.1 Service Level

Favikon implements all means necessary for the proper functioning and maintenance of the continuity and quality of the Platform and Services. Favikon provides the Platform under an obligation of means.

The Platform is accessible 24 hours a day, 7 days a week. However, Favikon does not guarantee that the Platform will function without interruption or malfunction. Favikon reserves the right to suspend or stop all or part of the Platform and Services, without prior warning, for any reason whatsoever, including for reasons related to maintenance and updating of the Platform and Services, or in case of force majeure events.

Updates aimed at improving the Platform and Services may indeed temporarily make access unavailable. Clients, Users, and Creators are also aware of technical hazards inherent to the internet and resulting access interruptions.

9.1.2 Limitation of Liability

Favikon does not guarantee that Subscription or Account creation will generate Campaigns, ensure contractual relationships between Clients and Creators, or improve the performance of Clients' or Creators' activities.

Favikon is not responsible for any loss and/or damage, of any nature, which could be caused by suspension, interruption, disruption, slowdown, difficulty of access, inaccessibility, and/or cessation of all or part of the Platform and Services.

Favikon is not responsible for possible indirect damages suffered by Clients, Users, and Creators in connection with the use of the Platform and Services. In particular, Favikon's liability cannot be sought for facts (i) resulting from an act or negligence of a Client, User, or Creator, or (ii) which would not comply with applicable regulations, these ToS, and/or the conditions of the Subscription.

9.1.3 Liability Cap for Clients

In any case, the total amount of compensation and any sum charged to Favikon under the Platform and Services with respect to a Client or its Users cannot exceed the total amount of the price paid by the Client under the Subscription during the twelve months preceding the incident giving rise to Favikon's liability.

In any event, Favikon's liability can only be engaged if the Client has issued a complaint, by registered letter with acknowledgment of receipt, within one month following said occurrence.

9.1.4 No Guarantees for Free Services

Favikon provides no guarantees to Creators regarding its Services insofar as registration on the Platform, use of the Platform, and provision of Services are provided free of charge to Creators. Favikon provides in particular no guarantee to Creators regarding statistics it develops from Content or AI-generated analyses including Authenticity Scores.

9.1.5 Third-Party Payment Tools

Favikon reserves the possibility of offering payment tools on the Platform via the integration of third-party tools (such as Gigapay) aimed at organizing payment for Creator services in the context of organized Campaigns. In this event, Creators are informed that the payment service thus offered (directly on the Platform or via redirection to a third-party tool) is based on the integration of a third-party partner with whom Favikon has concluded a specific agreement.

However, Favikon cannot in any case be likened to the publisher or operator of said payment service, which is exclusively organized by the partner selected by Favikon and with whom the Client will be invited to contract under a specific contract (ToS, Service Agreement, etc.). For complete terms regarding Gigapay payment services, see Section 14.3.

Favikon remains the exclusive and preferred contact point for Creators with regard to the use of said payment service; however, its liability cannot be sought in case of failure and/or difficulty relating to the payment service offered, and it will be up to the Creator to contact the partner identified for this purpose according to the terms of the specific agreement concluded.

In any event, Creators undertake to hold Favikon harmless in all disputes or litigation between them and the partner offering payment services in this context and to make their personal matter of their resolution.

9.2 Client, User, and Creator Responsibilities

9.2.1 Compliance with ToS

Clients, Users, and Creators guarantee that they will use the Platform and Services in accordance with their intended purpose, these ToS, and for lawful purposes. Clients guarantee compliance with this obligation by their Users and undertake to indemnify and fully guarantee Favikon from any conviction, costs (including advice and procedure), and accessories that could be charged to it due to a breach by one or more of its Users of these ToS.

9.2.2 No Intermediation by Favikon

Clients, Users, and Creators acknowledge that Favikon's role is limited to that of a simple intermediary and technical service provider. Favikon therefore disclaims all responsibility in case of dispute, whatever the cause, between a Client and/or User and a Creator. The Client guarantees Favikon from any consequence of such a dispute, including in connection with Content produced by the Creator or the performance of services agreed directly between them.

9.2.3 Content Provided "As Is"

Clients, Users, and Creators acknowledge that Content and data made accessible via the Platform are provided "as is" after automatic collection from various social networks of Creators and without any a priori moderation having been carried out.

Public Data Source: All Creator Content and data displayed on the Platform is collected exclusively from publicly available information that Creators have chosen to make accessible on their social media profiles. By maintaining public profiles on social media platforms, Creators make their content available for viewing, indexing, and analysis by third parties, including platforms like Favikon.

It is incumbent upon Clients, Users, and Creators to ensure the relevance of Content resulting from their searches via the Platform.

Creators remain solely responsible for Content they produce and which is accessible via the Platform, as well as compliance with the general conditions of social networks on which Creators have public profiles.

It is specified in this regard that all statements and/or opinions expressed in Creator content, including in the context of Client Campaigns, are solely the opinions and responsibility of the Creator expressing them and in no way reflect the opinion, view, or position of Favikon.

9.2.4 Messaging Responsibility

Clients, Users, and Creators are responsible for their use of messaging offered via the Platform and any Content they disseminate through this messaging. They are prohibited from disseminating defamatory, insulting, denigrating statements, or statements contrary to laws in force.

More generally, they remain solely responsible for business and contractual relationships they decide to maintain and guarantee Favikon against any claim in this regard.

Clients and Users acknowledge and undertake that the Platform's messaging is used only for the needs of their professional activity, to carry out a Campaign in collaboration with one or more Creators. They further undertake not to use messaging for purposes, or in a manner that would be contrary to laws, public order, or morality. In particular, Clients and Users undertake not to contact Creators abusively or repeatedly if a Creator has declined their contact and not to spam Creators.

9.3 Electronic Evidence

Creators acknowledge and expressly accept: (i) that data collected on the Platform and Favikon's computer equipment serve as evidence of the reality of operations occurring under these ToS and (ii) that this data constitutes the main mode of proof admitted between the Parties.

10. PERSONAL DATA PROTECTION

Favikon collects and processes Personal Data of Clients, Users, and Creators when they use the Platform.

Legal Basis for Processing Creator Data: Favikon processes publicly available data from Creator social media profiles on the basis of legitimate interest (GDPR Article 6(1)(f)). The legitimate interest is the provision of a professional B2B platform connecting brands with professional influencers and content creators for commercial collaborations. This processing is limited to individuals who present themselves publicly as professional content creators, influencers, or KOLs engaged in commercial activities. Such individuals reasonably expect their public professional information to be used for business networking, discovery, and commercial opportunities in the influencer marketing industry.

Creators who have registered on the Platform have additionally provided their explicit consent for enhanced data processing through synchronization features and account management functionalities.

Processing of Political Data: Political opinions constitute special category data under GDPR Article 9. Favikon processes political data only for Public Political Figures who have manifestly made such information public (Article 9(2)(e)), combined with our legitimate interest in providing a comprehensive professional networking platform for political communications (Article 6(1)(f)). All Creators have the right to dispute, correct, or request removal of any political classification by contacting privacy@favikon.com.

AI Processing and Message Data: In addition to the processing described in our Privacy Policy, Favikon processes:

• Message Data: All messages sent or received through the Platform's messaging features are stored and may be processed using AI algorithms to power AI Inbox features, automated agents, and other AI-enhanced functionalities. This processing is necessary for the performance of our contract with you (GDPR Article 6(1)(b)).
• Creator Content for AI Analysis: Publicly available Creator content is processed using AI for classification, scoring, and analysis purposes. For registered Creators, this processing is based on consent and contractual necessity. For non-registered Creators whose public profiles appear on the Platform, processing is based on legitimate interest.

Users may request information about AI processing of their data, object to certain types of processing, or request deletion of their data by contacting privacy@favikon.com. However, certain AI processing may be essential to providing the Platform's core functionality.

Message data is retained for a maximum of three (3) years from the date of the message. Users may request earlier deletion by contacting privacy@favikon.com.

Data Subject Rights: All individuals whose data is processed by Favikon (including Clients, Users, and Creators) have the following rights under GDPR:

• Right to access their personal data
• Right to rectification of inaccurate data
• Right to erasure ("right to be forgotten")
• Right to restriction of processing
• Right to data portability
• Right to object to processing
• Right not to be subject to automated decision-making

To exercise these rights, contact privacy@favikon.com.

Favikon's privacy policy, accessible at any time on the Platform, sets out what Personal Data is collected by Favikon, how and why it is used, to whom it is transmitted, and how Favikon protects the privacy of Clients, Users, and Creators as well as their rights in accordance with EU Regulation 2016/679, known as the General Data Protection Regulation ("GDPR").

The privacy policy is accessible and can be consulted at any time on our website.

Clients, Users, and Creators are informed that they can contact Favikon for any question concerning their data by email at: privacy@favikon.com.

Right to Object and Data Removal: Creators who do not wish to have their publicly available professional information indexed on the Platform may exercise their right to object under GDPR Article 21 or request removal of their profile by contacting privacy@favikon.com. Upon verification of identity and legitimate request, Favikon will remove the Creator's profile from the Platform within 30 days.

11. BUSINESS CONTINUITY AND DISASTER RECOVERY

Favikon is committed to providing continuous and uninterrupted service to all its customers. Favikon has the capability to operate its critical business functions during emergency events. We have established disaster recovery and business continuity plans.

We consistently backup customer data every day. All backups are encrypted and retained for 35 days.

Our Disaster Recovery Plan is tested at least twice a year to assess its effectiveness and to keep the teams aligned with their responsibilities in case of a service interruption.

12. PROHIBITED USES

In addition to other prohibitions as set forth in these ToS, you are prohibited from using the Platform or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others without authorization;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;

(l) to use any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to our servers than a human could reasonably produce in the same period;

(m) to resell, redistribute, or provide access to our Service or data to third parties without express written permission;

(n) to use the Service to contact Creators for purposes that violate applicable laws or regulations, including but not limited to harassment or unsolicited commercial communications;

(o) to extract or reuse substantial portions of our database;

(p) to create a competing service or product using data obtained from the Platform;

(q) to abuse third-party messaging integrations (including Unipile) by violating the terms of service, community guidelines, or usage limits of connected platforms such as LinkedIn or Instagram;

(r) to send spam, unsolicited bulk messages, or automated messages through connected third-party accounts;

(s) to use connected accounts in a manner that could result in account restrictions, suspension, or penalties imposed by third-party platforms;

(t) to use AI features (including Authenticity Scores or political classifications) to harass, discriminate against, or target individuals based on AI-generated classifications;

(u) to misrepresent AI-generated scores or classifications as definitive judgments;

(v) to use AI analyses as the sole basis for discriminatory decisions;

(w) to attempt to manipulate or game AI scoring systems;

(x) to access or extract AI models or algorithms.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. MODIFICATIONS TO THE SERVICE

Details about the Service and products we offer are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

14. OPTIONAL TOOLS AND THIRD-PARTY SERVICES

14.1 General Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website or application (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

14.2 Use of Unipile for Social Media Messaging Integration

14.2.1 Service Description

Favikon provides an interface that allows you to send and receive messages on third-party platforms such as LinkedIn and Instagram through the service Unipile. When connecting an account, you authenticate directly through Unipile. Favikon does not store or access your login credentials. The connection is secured and handled by Unipile.

Unipile acts as a technical relay. It does not alter your accounts or take action without your input. You may disconnect the integration at any time through your account settings.

14.2.2 Compliance With Third-Party Platform Rules

You must comply with the terms and conditions of the platforms you connect, including but not limited to LinkedIn and Instagram. This includes:

• Messaging behavior and etiquette;
• Frequency of outreach and connection requests;
• Content of communication;
• Any rate limits, daily limits, or restrictions imposed by those platforms;
• Anti-spam policies and community guidelines;
• Data protection and privacy requirements.

Favikon does not control your messaging activity. Favikon does not monitor, guide, or supervise the way you use your connected accounts. You are solely responsible for ensuring your use complies with all applicable platform policies.

14.2.3 Authentication and Security

Authentication with third-party platforms is handled directly by Unipile. Your login credentials for LinkedIn, Instagram, or any other connected platform are never transmitted to or stored by Favikon. You authenticate directly with Unipile's secure infrastructure.

You acknowledge that:

• The security and reliability of the connection depends on Unipile's infrastructure;
• Favikon has no control over Unipile's authentication mechanisms;
• You are responsible for maintaining the security of your own account credentials;
• You should review Unipile's terms of service and privacy policy independently.

14.2.4 Exclusion of Liability

Favikon provides access to the Unipile integration on an "as is" and "as available" basis. Favikon is not responsible for any consequence linked to your use of Unipile or your use of third-party platforms. This includes, without limitation:

• Temporary or permanent account restrictions imposed by LinkedIn, Instagram, or other platforms;
• Account suspension, limitation, or removal by third-party platforms;
• Rate limits, feature blocks, or reduced reach on third-party platforms;
• Data loss or access issues;
• Any form of penalty or enforcement action by LinkedIn, Instagram, or any other platform;
• Changes to third-party platform APIs, policies, or terms of service;
• Service interruptions, downtime, or discontinuation of the Unipile service;
• Loss of messages, contacts, or any data transmitted through the integration;
• Any breach or violation of third-party platform terms resulting from your use of the messaging features.

You assume full responsibility for your actions when using the messaging features. You acknowledge that Favikon does not guarantee the continuity, reliability, security, or availability of third-party platforms or of the Unipile service.

14.2.5 No Warranty for Third-Party Service Performance

Favikon makes no representations or warranties regarding:

• The compatibility of Unipile with any third-party platform;
• The continued availability of the Unipile integration;
• The accuracy, completeness, or timeliness of messages transmitted through Unipile;
• The compliance of Unipile with any third-party platform's terms of service;
• The security or privacy practices of Unipile or connected platforms.

14.2.6 Right to Discontinue Integration

Favikon reserves the right to discontinue, modify, or restrict access to the Unipile integration at any time, without prior notice, including if:

• Required by changes to third-party platform policies or terms;
• Unipile discontinues its service or changes its terms;
• We determine that the integration poses risks to the Platform or users;
• For any other reason at our sole discretion.

14.2.7 User Acknowledgment and Acceptance

By activating the Unipile integration and connecting your LinkedIn, Instagram, or other third-party platform accounts, you confirm that you:

• Have read and understood this Section 14.2;
• Understand and accept the risks associated with using third-party messaging integrations;
• Acknowledge that you are solely responsible for compliance with all applicable third-party platform terms and policies;
• Accept full liability for any consequences arising from your use of connected accounts;
• Agree to hold Favikon harmless from any claims, damages, or penalties resulting from your use of the Unipile integration or connected platforms.

If you do not agree with these conditions, do not connect your accounts or use the messaging integration features.

14.3 Use of Gigapay for Payment Services

14.3.1 Service Description

Favikon may provide access to payment services through Gigapay Sweden AB ("Gigapay") for the purpose of facilitating payments between Clients and Creators (independent contractors, self-employed workers, or influencers) in connection with influencer marketing campaigns.

Gigapay provides administrative support and handling of billing, payouts, and related services. The payment service is provided directly by Gigapay under a separate service agreement between the Client and Gigapay.

14.3.2 Separate Agreement with Gigapay

Important: Any Client wishing to use payment services through Gigapay must enter into a direct Service Agreement with Gigapay. Favikon acts solely as a referral partner and technical integrator.

The terms governing payment services, including fees, payment processing, compliance requirements, and all other conditions, are established exclusively in the Service Agreement between the Client and Gigapay. Clients must review and accept Gigapay's terms of service independently.

14.3.3 Favikon's Role

Favikon's role is limited to:

• Providing integration between the Platform and Gigapay's service;
• Facilitating the onboarding process by referring Clients to Gigapay;
• Acting as a technical intermediary for data exchange necessary for payment processing.

Favikon does not:

• Process payments directly;
• Act as a payment service provider;
• Provide financial, tax, or legal advice regarding payments;
• Assume any liability for Gigapay's services or payment processing;
• Control or determine the terms of payment arrangements between Clients and Creators.

14.3.4 Client Eligibility and Requirements

Clients wishing to use Gigapay's services must meet Gigapay's eligibility requirements, which include but are not limited to:

• Use of the service exclusively for influencer marketing on social media platforms;
• Compliance with applicable laws and regulations;
• Not engaging in illegal or immoral activities, or activities involving explicit sexual content;
• Not being established in countries subject to sanctions by the European Union or United Nations;
• Providing accurate business registration information, VAT numbers, and other required documentation;
• Meeting Gigapay's credit and verification requirements.

Gigapay reserves the right to accept or refuse any Client at its sole discretion. Favikon has no control over Gigapay's approval decisions.

14.3.5 Fees and Commercial Terms

Payment services provided by Gigapay are subject to fees as specified in the Service Agreement between the Client and Gigapay. These fees may include:

• One-time activation fees;
• Platform fees (percentage of invoiced amounts);
• Transaction fees;
• Compliance fees;
• Administration fees;
• Currency conversion fees;
• Other fees as specified by Gigapay.

Clients are responsible for reviewing and understanding all applicable fees before using Gigapay's services. Favikon does not control, determine, or collect these fees. All fee-related inquiries and disputes must be directed to Gigapay.

14.3.6 Data Protection and Privacy

The processing of personal data in connection with Gigapay's payment services is subject to:

• Gigapay's privacy policy and data protection practices;
• The Service Agreement between Client and Gigapay;
• Applicable data protection legislation, including GDPR.

Favikon, the Client, and Gigapay each act as independent data controllers for personal data processed under their respective agreements. Each party is responsible for compliance with applicable data protection laws.

Clients using Gigapay's services acknowledge that personal data of Creators (including financial information) will be processed by Gigapay for payment purposes.

14.3.7 Creator Payments and Compliance

Clients using Gigapay's services acknowledge that:

• Creators receiving payments through Gigapay are independent contractors, not employees;
• Creators are responsible for their own tax compliance and regulatory obligations;
• Gigapay may collect information from Creators for compliance purposes, including tax reporting under EU Directive 2021/514 ("DAC7");
• Creators may be subject to verification processes, including identity verification and tax documentation;
• Payment processing times depend on various factors including Creator location, payment method, and banking infrastructure.

Clients remain solely responsible for their contractual relationships with Creators. Gigapay's role is limited to payment processing and administrative support.

14.3.8 Service Availability and Uptime

Gigapay strives to maintain 99% uptime for its services. However, the availability and functionality of Gigapay's services depend significantly on third-party providers, including:

• Payment service providers;
• Banking institutions;
• Payment network operators;
• Currency exchange services.

Neither Favikon nor Gigapay guarantees uninterrupted service. Service interruptions may occur due to:

• Maintenance activities;
• Third-party provider failures or malfunctions;
• High transaction volumes;
• Technical issues;
• Force majeure events.

14.3.9 Exclusion of Liability

Favikon's Exclusion of Liability:

Favikon provides access to Gigapay's payment services on an "as is" basis and assumes no liability whatsoever for:

• Payment processing delays, failures, or errors;
• Disputes between Clients and Creators regarding payments;
• Disputes between Clients or Creators and Gigapay;
• Gigapay's acceptance or rejection of Clients;
• Fees charged by Gigapay;
• Tax implications or compliance issues related to payments;
• Loss of funds, payment errors, or transaction failures;
• Changes to Gigapay's terms, fees, or services;
• Service interruptions or discontinuation of Gigapay's services;
• Data breaches or security issues within Gigapay's systems;
• Gigapay's compliance with applicable laws and regulations;
• Any other matters arising from or related to the use of Gigapay's services.

Separate Liability:

The Client's relationship with Gigapay is governed exclusively by the Service Agreement between them. Any claims, disputes, or liability issues related to payment services must be resolved directly with Gigapay. Favikon is not a party to the Service Agreement between Client and Gigapay and shall not be joined in any disputes arising therefrom.

14.3.10 Termination of Payment Services

The Service Agreement between a Client and Gigapay may be terminated by either party in accordance with its terms. Termination of payment services does not automatically terminate the Client's Subscription with Favikon or vice versa.

Favikon reserves the right to discontinue the integration with Gigapay at any time, for any reason, without prior notice. In such event, Clients will be notified and may need to establish alternative payment arrangements with Creators.

If the Client's Service Agreement with Gigapay is terminated, ongoing campaigns or engagements at the time of termination shall continue to be serviced by Gigapay to the extent required by the Service Agreement.

14.3.11 No Financial Advice

Neither Favikon nor its integration with Gigapay constitutes financial, tax, accounting, or legal advice. Clients are solely responsible for:

• Understanding their tax and regulatory obligations related to payments to Creators;
• Ensuring proper classification of Creators (independent contractors vs. employees);
• Maintaining accurate financial records;
• Complying with all applicable tax withholding and reporting requirements;
• Consulting with qualified financial, tax, and legal advisors as needed.

14.3.12 User Acknowledgment and Acceptance

By using payment services through Gigapay, Clients confirm that they:

• Have read and understood this Section 14.3;
• Will enter into a separate Service Agreement with Gigapay;
• Understand that Favikon is not a payment service provider and has no liability for payment services;
• Accept full responsibility for compliance with applicable laws regarding payments to Creators;
• Acknowledge that Gigapay's terms, fees, and services may change;
• Agree to hold Favikon harmless from any claims arising from the use of Gigapay's services;
• Understand that payment services may be unavailable in certain jurisdictions;
• Will resolve any disputes with Gigapay directly, without involving Favikon.

If you do not agree with these conditions, do not use Gigapay's payment services.

15. THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Favikon, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Favikon and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. DURATION AND TERMINATION

19.1 Duration

These ToS are applicable from the first use of the Platform by the Client, User, or Creator.

They are applicable to Clients and their Users for the entire duration of their Subscription, and to Creators for the entire duration of their registration on the Platform.

19.2 Termination of Client Account

Termination of the Subscription, under the conditions it provides or due to a breach by the Client or one of its Users of the obligations arising therefrom, results in the deletion of the Client's Account and those of all its Users within six (6) months.

Favikon also reserves the right to suspend, restrict, or delete the access rights of a Client and its Users if it is informed, or has reason to suspect, a violation of these ToS by this Client or one of its Users or of the law or regulations in force.

Favikon will notify the suspension or restriction to the Client by email and will put them on notice to cease the violation. If this email remains without effect after eight (8) days, or in case of particularly serious violation of its obligations by the Client, Favikon may delete the Client's Account and all its Users.

Deletion of the Client's Account implies deletion of all its data and the Client will no longer have access to the Platform, nor will its Users. Upon written request from the Client within fifteen (15) days after termination of the Subscription or notification of Account deletion, Favikon will send the Client its Account data in a structured, commonly used, and easily readable format within thirty (30) days following the date of receipt of this request.

19.3 Termination of User Account

A User's Account may be deleted in case of termination of the Subscription from which they are authorized to use the Platform, in case of non-renewal of the license that granted access to the Platform to this User, or in case of termination or transfer of this license under the conditions provided by the Subscription.

Favikon also reserves the right to suspend, restrict, or delete the access rights of a User if it is informed, or has reason to suspect, a violation of these ToS by this User or of the law or regulations in force.

Favikon will notify the suspension or restriction to the User by email and will put them on notice to cease the violation. If this email remains without effect after eight (8) days, or in case of particularly serious violation of its obligations by the User, Favikon may delete the User's Account.

Deletion of the User's Account implies deletion of all their data and the User will no longer have access to the Platform. Upon written request from the User within fifteen (15) days after termination of the Subscription or notification of Account deletion, Favikon will send the User their Account data in a structured, commonly used, and easily readable format within thirty (30) days following the date of receipt of this request.

19.4 Termination of Creator Account

Creators may delete their Account at any time by clicking the dedicated button in their account settings and following the procedure provided for this purpose.

The Creator's Account may also be suspended, restricted, or deleted by Favikon if it is informed, or has reason to suspect, that they have violated these ToS, the law, or applicable regulations.

Favikon will notify the suspension or restriction to the Creator by email and will put them on notice to cease the violation. If this email remains without effect after eight (8) days, or in case of particularly serious violation of its obligations by the Creator or of the law or regulations in force, Favikon may delete the Creator's Account.

In all cases, deletion of the Creator's Account results in deregistration from the Platform and termination of contractual relations with Favikon. Consequently, all data concerning the Creator will be deleted, subject to the reservation below, and the Creator will no longer have access to the Platform.

Upon written request from the Creator within fifteen (15) days after notification of Account deletion, Favikon will send the Creator their Account data in a structured, commonly used, and easily readable format within thirty (30) days following the date of receipt of this request.

In any case, Creators acknowledge and accept that their data and content, made public by them directly or indirectly and automatically retrieved by Favikon from their social networks, may continue to appear on the Platform and that Creators may continue to be contacted by Clients and Users through this means. Creators acknowledge in particular that Favikon has no means of preventing Clients and Users from contacting them at the email address made public by them on their social networks.

Creators are informed that they have, in any case, the possibility to request deactivation of their profile on the Platform to no longer be contacted through the Platform. This deactivation results in deletion of all data relating to the Creator, including that made public by them on their social networks.

20. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

21. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or application or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

22. ELECTRONIC SIGNATURE AND DIGITAL EVIDENCE

In accordance with Article 1366 of the French Civil Code, the Parties acknowledge that documents exchanged electronically have the same probative value as written documents on paper. Documents sent by Favikon electronically to the email address provided by the Client are therefore enforceable against the Client.

Furthermore, data collected and stored through the Platform have probative value regarding its use by the Client and Services provided by Favikon. Data and computer or electronic media shall therefore constitute valid evidence and, as such, shall be admissible under the same conditions and with the same probative value as any document that would be established, received, or stored in writing.

It is understood between the Parties that these ToS may be signed by any electronic means, the Parties acknowledging the reliability of the process, thus conferring upon it the same legal value as a handwritten signature within the meaning of the law.

23. GOVERNING LAW AND DISPUTE RESOLUTION

23.1 Applicable Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.

23.2 Amicable Resolution

Any dispute to which these ToS may give rise shall be subject to an attempt at amicable resolution between the parties to the dispute. The parties undertake to make their best efforts to resolve any dispute amicably before initiating any legal proceedings.

23.3 Jurisdiction

IN THE ABSENCE OF AMICABLE RESOLUTION AND IF APPLICABLE, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, OR PERFORMANCE OF THESE TOS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL, EVEN IN CASE OF MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS.

24. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website or application. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website, application, or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

In case of major modifications to these ToS, notification will be made by email to Clients and Users, and in the form of a pop-up upon their next login for Creators.

25. HELP AND CONTACT

For any questions or information, or to report a Platform malfunction, Clients, Users, and Creators can contact Favikon:

• Using the chatbot accessible via the "Help" button accompanied or symbolized by a question mark;
• Using the "Contact" button in the footer of the Platform, allowing you to send an email to: admin@favikon.com;
• By postal mail to: Favikon, 14 avenue du Général de Gaulle, Saint-Mandé, France.

Questions about the Terms of Service should be sent to us at: admin@favikon.com.

For questions about Personal Data, contact: privacy@favikon.com.

Moojito SAS

Operating as: Favikon

AI-Powered Influencer Marketing Platform

Société par Actions Simplifiée (SAS)

Registered in France

www.favikon.com

Last Updated: November 5, 2025