This English text is a courtesy translation. The French version is the sole legally binding version.

Last updated: 11 July 2026

General Terms and Conditions of Sale and Use

Platform for connecting users and booking beauty and wellness services — published by the company OCTOPUS SA

Preamble – Identification of the publisher

These General Terms and Conditions of Sale and Use (hereinafter the "GTCU") govern access to and use of the Glaura platform, accessible via the website glaura.ai and the associated mobile application (hereinafter the "Platform" or "Glaura").

The Platform is published and operated by:

• OCTOPUS SA, a public limited company (société anonyme),
• whose registered office is located at 60 Rue François Ier, 75008 Paris (France),
• registered with the Paris Trade and Companies Register,
• represented by its acting legal representative,
• contact email: support@glaura.fr.

Publication director: Henry TANOH. Host of the website and application: Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107.

Any person accessing or using the Platform, whether acting as a customer ("Glowee") or as a professional ("Glower"), acknowledges having read these GTCU and accepts them without reservation.

Article 1 – Definitions

The terms below, when used with an initial capital letter, have the following meaning, whether in the singular or the plural:

• Platform / Glaura: all the digital services published by OCTOPUS (the glaura.ai website and mobile application) enabling discovery through video, connection between users and booking of Services.
• OCTOPUS / Publisher / Company: the company OCTOPUS SA, operator of the Platform.
• User: any person, Glowee or Glower, who accesses and/or uses the Platform.
• Glowee: any User acting as a consumer within the meaning of the French Consumer Code, using the Platform to discover providers and book Services.
• Glower: any professional (natural or legal person carrying on an independent activity) registered in order to present, promote and market their Services.
• Service (Prestation): any beauty, wellness or care service offered by a Glower and booked via the Platform.
• Services: all the features of the Platform (video discovery, geolocation, messaging, booking, scheduling management tool, video importing, etc.).
• Account: the secure personal space created by the User upon registration, accessible by means of personal credentials.
• Subscription: the paid subscription giving access to the professional features reserved for Glowers.
• Extras: the optional paid add-ons that Glowers may subscribe to (visibility boost, Instagram Premium integration, multi-staff / multi-salon management, etc.).
• Special Conditions: where applicable, any quotation, purchase order, subscription form or equivalent document accepted by a Glower, describing the Subscription and Extras subscribed to; these documents form an integral part of the GTCU.
• Booking: the appointment request made by a Glowee to a Glower by means of the Platform.
• Deposit: the sum paid online by the Glowee at the time of Booking, under the conditions defined by the Glower.
• Content(s): any item (text, photograph, video, sound, trademark, logo, review, message) published, imported or transmitted on the Platform. "User Content" means the Content published or imported by a User.

Article 2 – Purpose

The purpose of these GTCU is to define the conditions under which OCTOPUS makes the Platform available to Users, and to govern the terms of access to and use of the Services and the respective rights and obligations of the parties.

The GTCU apply to the exclusion of any other document, and in particular of any condition that the User, in particular the Glower, might wish to invoke against OCTOPUS. Any document drawn up by a User (specifications, statement of requirements, own conditions) is unenforceable against OCTOPUS, save for the latter's express written acceptance.

Article 3 – Contractual documents, acceptance and agreement on evidence

3.1 Contractual documents

The contractual whole is made up of these GTCU, their appendices, the Privacy Policy and, where applicable, the Special Conditions accepted by the Glower. In the event of a contradiction, the Special Conditions prevail over the GTCU on the single point at issue; the GTCU prevail over any other document originating from the User, save for an express written derogation accepted by OCTOPUS.

3.2 Acceptance

Acceptance of the GTCU is evidenced, upon registration, by a separate, non-pre-ticked checkbox, by which the User expressly acknowledges having read the GTCU and the Privacy Policy and accepts them without reservation (active consent – opt-in). Acceptance is full and complete; no partial or conditional use is permitted. A User who refuses the GTCU must refrain from accessing the Platform.

3.3 Agreement on evidence

Acceptance of the GTCU and subscription by electronic or digital means are deemed to have, between the parties, the same evidential value as an agreement on paper. Scans bearing the signature of a representative or employee of the Glower, received by OCTOPUS, constitute written evidence and may validly be invoked against it.

The computerised records and logs kept by OCTOPUS under reasonable security conditions constitute admissible evidence of the communications, registrations, acceptances, Bookings and payments that have taken place between the parties, and are authoritative between them unless proven otherwise. Contractual documents are archived on a reliable and durable medium, in accordance with the regulations.

Article 4 – Description of the Services and status as technical intermediary

4.1 Nature of the Services

Glaura is a video-discovery and connection platform, enabling Glowees to discover geolocated Glowers by means of a video feed, to communicate via integrated messaging and to book Services. Glaura also provides Glowers with a management tool (calendar, time slots, team, importing and broadcasting of videos).

4.2 Status as technical intermediary – not a party to the Service contract

OCTOPUS acts exclusively as a technical intermediary providing a connection and booking service. OCTOPUS is neither seller, nor service provider, nor agent, nor employer, nor insurer of the Glowers, and exercises no control over the nature, content, quality, safety, lawfulness, price or performance of the Services.

The contract relating to a Service is concluded directly and exclusively between the Glowee and the Glower; OCTOPUS is in no case a party to it. OCTOPUS cannot be held liable for the poor performance, non-performance, delay, bodily or material damage, or accident occurring within a salon, nor for any commercial dispute between a Glowee and a Glower, who shall personally handle any dispute relating to a Service.

4.3 Availability and changes

OCTOPUS undertakes, under a best-efforts obligation, to take the necessary care to provide a quality service. The Platform is in principle accessible 24 hours a day, 7 days a week, subject to maintenance operations, technical constraints and cases of force majeure. OCTOPUS may develop, modify, suspend or remove all or part of the Services; it informs Glowers within a reasonable time where the change affects the features covered by their Subscription.

Article 5 – Right to access the Platform (absence of licence and of transfer of rights)

OCTOPUS grants the User a mere right to access and use the features of the Platform, which is personal, non-exclusive, non-assignable, non-transferable, revocable, and strictly limited to use consistent with the purpose of the Platform and with these GTCU.

This right of access does not constitute a licence, an assignment, or a grant of any intellectual property right or other right in the Platform, its software, its code, its databases, its interfaces, its trademarks, its Content or its data. No provision hereof may be interpreted as conferring on the User a right of ownership, a licence to exploit or any right whatsoever in the Platform, which remains the full, exclusive and inalienable property of OCTOPUS or its licensors.

For Glowers, access to the professional features is subject to a valid Subscription and to full payment of the corresponding price; it is exercised by means of an activated Account and is strictly reserved for the Glower's own professional business needs.

The User shall refrain from any reproduction, representation, adaptation, translation, distribution, making available, rental, lending, decompilation, attempt at reverse engineering, extraction or reuse, in whole or in part, of the elements of the Platform, as well as any use by a third party, save with the prior written authorisation of OCTOPUS and subject to mandatory legal exceptions. Any breach entails the immediate suspension of access and engages the liability of the User.

Article 6 – Access, registration and Account

6.1 Conditions of access

Access requires compatible equipment and access to the internet, at the User's expense, who must in addition comply with the technical prerequisites brought to their attention by OCTOPUS and ensure their maintenance. The User declares that they have the legal capacity to contract.

6.2 Creation of the Account

Registration requires accurate, truthful and up-to-date information. Any false, inaccurate or incomplete information may result in the refusal of registration or the suspension or deletion of the Account. The Glower declares and warrants that they carry on a duly declared business and hold all the required authorisations, diplomas, qualifications, accreditations and insurance (in particular professional civil liability insurance).

6.3 Credentials and security

The User is solely responsible for the confidentiality of their credentials and for any action carried out from their Account. They shall inform OCTOPUS without delay of any unauthorised use. OCTOPUS is not responsible for the consequences of a disclosure, loss or fraudulent use of credentials attributable to the User.

Article 7 – Financial terms

7.1 Free of charge for Glowees

Access to the Platform, the discovery of Glowers and the making of a Booking are free of charge for Glowees. Only the price of the Service, freely set by the Glower, and where applicable the Deposit, are payable by the Glowee, these sums accruing to the Glower and not to OCTOPUS.

7.2 Glowers' Subscription and Extras

Access to the professional features is subject to subscribing to a monthly or annual Subscription, with or without a commitment period. The Glower may subscribe to optional Extras, which may be subscribed to and terminated on a monthly basis, save for stipulations specific to the option concerned.

7.3 Prices, invoicing and revision

Prices are those indicated on the Platform or in the Special Conditions on the day of subscription, expressed in euros exclusive of tax, with VAT added at the rate in force. Invoices are made available on the Glower's Account and paid by the payment methods offered. OCTOPUS may modify its prices; the new prices are communicated at least thirty (30) days before they come into force and apply, for ongoing Subscriptions, as from the following renewal. Failing acceptance, the Glower may terminate under the conditions of Article 20.

7.4 Payment default

Any sum not paid when due bears, automatically and without reminder, late-payment interest at a rate of three (3) times the statutory interest rate, in addition to the fixed indemnity of forty (40) euros for recovery costs (articles L. 441-10 and D. 441-5 of the French Commercial Code), with additional compensation remaining payable upon supporting documents. Fifteen (15) days after a formal notice that has remained without effect, OCTOPUS may suspend access to the Services and, where applicable, terminate automatically, with immediate effect, without prejudice to any damages. Non-payment costs resulting from a bank rejection remain payable by the Glower.

7.5 Flows relating to the Services

The financial flows relating to the Services (Deposit, balance, deferred or instalment payment, for example via a third-party provider such as Klarna) may be operated through a third-party payment services provider, subject to its own terms. OCTOPUS intervenes only in respect of technical facilitation and assumes no liability in respect of the financial relations between Glowee and Glower or of the payment provider's services.

Article 8 – Booking, Deposit, cancellation and no-show

Confirmation of the Booking by the Glower, where applicable accompanied by the payment of the Deposit by the Glowee, constitutes formation of the Service contract between them; OCTOPUS sends a confirmation for information purposes only.

The Glower may make the Booking conditional on the online payment of a Deposit intended to limit missed appointments (no-shows). The conditions for cancellation, rescheduling, refunding of the Deposit and handling of no-shows fall within the relationship between the Glowee and the Glower; they are defined by the Glower, who must clearly bring them to the Glowee's attention before the Booking. OCTOPUS is not responsible for sums retained, refunded or claimed on this basis.

Article 9 – Cooperation and obligations of the Glower

The Glower undertakes to cooperate actively and in good faith with OCTOPUS. In this respect, they undertake in particular to:

• describe their Services in an accurate, fair and up-to-date manner, and keep the availability of their calendar up to date;
• honour confirmed appointments, treat Glowees with diligence and respond to enquiries within reasonable times;
• comply with all the regulations applicable to their business (hygiene, safety, consumer law, taxation, employment law where applicable);
• report to OCTOPUS without delay any difficulty, anomaly or constraint likely to affect the operation of the Services.

Any breach of this obligation of cooperation may be invoked by OCTOPUS to suspend its own obligations or to be released from liability in the event of delay, non-conformity or failure of performance.

Article 10 – General obligations of Users

The User undertakes to use the Platform in accordance with its purpose, with these GTCU, with laws and regulations and with the rights of third parties. They shall refrain in particular from:

• publishing or transmitting any Content that is unlawful, misleading, defamatory, disparaging, insulting, violent, sexual in nature, discriminatory, or infringing the rights of third parties;
• impairing the security or integrity of the Platform, introducing any malicious code, or attempting to gain unauthorised access to OCTOPUS's systems;
• extracting, collecting, indexing or reusing in a systematic manner the data or Content of the Platform (in particular through "scraping");
• diverting the Platform from its purpose, or circumventing the booking or payment features;
• impersonating a third party or disseminating false or misleading information.

Article 11 – OCTOPUS intellectual property

The Platform, its structure, its databases, its software, its code, its interfaces, its graphic charters, its trademarks, logos and domain names (in particular "Glaura", "Glowee" and "Glower") are the exclusive property of OCTOPUS or are licensed to it, and are protected by intellectual property law.

In accordance with Article 5, the User benefits only from a right of access and acquires no right of ownership or any licence in the Platform. Any reproduction, representation, adaptation, extraction or exploitation not expressly authorised is prohibited and constitutes infringement (contrefaçon).

Article 12 – User Content, importing of third-party content and image rights

12.1 Authorisation to exploit granted to OCTOPUS

The Glower retains ownership of their User Content. For the sole purposes of providing and promoting the Services, they grant OCTOPUS a non-exclusive authorisation to exploit, worldwide and for the duration of use of the Platform plus a reasonable archiving period of five (5) years, covering the use, reproduction, representation, technical adaptation (formats, cropping, subtitling) and distribution of their Content on the Platform and, for the purposes of promoting the Platform, on OCTOPUS's communication media, including social networks. This authorisation entails no transfer of ownership.

12.2 Mandate to import third-party content

The Platform allows the integration and distribution of videos from third-party platforms (in particular TikTok, Instagram and YouTube). By linking their accounts or providing links, the Glower gives OCTOPUS an express mandate to import, store and distribute this content on the Platform, in compliance with the terms of use of the third-party platforms.

12.3 Warranty of originality and image rights

The Glower warrants that they hold all the intellectual property rights and image rights in the Content that they publish or authorise to be imported, and that they have obtained the prior written consent of any identifiable person appearing therein (clients, models, employees) for the capture and public distribution on the Platform and OCTOPUS's promotional media. They warrant that no Content infringes the rights of third parties or violates any legal, contractual or regulatory obligation.

Article 13 – Moderation, reporting and removal of Content

As host of User Content within the meaning of article 6 of the LCEN (French Act on confidence in the digital economy), OCTOPUS is not subject to a general obligation of monitoring. It provides a mechanism for reporting manifestly unlawful Content at the address contact@glaura.ai.

OCTOPUS reserves the right, without notice or compensation, to remove, make inaccessible or moderate any Content reported as manifestly unlawful or contravening the GTCU, and to suspend or terminate the Account concerned. The removal of Content gives rise to no compensation.

Article 14 – Protection of personal data (GDPR)

14.1 Legal framework and applicable documents

OCTOPUS processes Users' personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and French Act No. 78-17 of 6 January 1978, as amended, on information technology, data files and civil liberties. This article describes the processing operations carried out by OCTOPUS for the operation of the Platform. It is supplemented by the Privacy Policy, accessible on the Platform, which forms an integral part of the GTCU and which prevails in the event of any additional detail.

14.2 Data controller and data protection officer

For the processing operations related to the general operation of the Platform, the data controller is the company OCTOPUS SA, 60 Rue François Ier, 75008 Paris. For any question relating to their data, the User may write to: support@glaura.fr

14.3 Categories of data collected

Depending on the User's profile and their use of the Platform, OCTOPUS may process in particular:

• Identification and Account data: surname, first name, email address, telephone number, password (in encrypted form), profile photograph where applicable;
• Data relating to Glowers: company name, registration number, salon address, description of Services, calendar and time slots, published or imported Content;
• Booking and transaction data: history of Bookings, exchanges via messaging, information relating to Deposits and payments (payment data being processed by the third-party payment provider, OCTOPUS having no access to the full card number);
• Geolocation data: the User's approximate position, where they authorise it, in order to display nearby Glowers (via the Google Maps API);
• Technical and connection data: login credentials, logs, IP address, device type and browsing data strictly necessary for the operation and security of the service.

OCTOPUS does not collect so-called "sensitive" data within the meaning of article 9 of the GDPR; the User shall refrain from communicating any, in particular via messaging.

14.4 Purposes and legal bases

The data are processed for the following purposes and on the following legal bases:

• Creation and management of the Account, provision of the Services and performance of Bookings: performance of the contract (article 6.1.b of the GDPR);
• Geolocation and display of nearby Glowers: the User's consent (article 6.1.a), revocable at any time via the device settings;
• Management of the Subscription, invoicing and recovery: performance of the contract and legal accounting and tax obligations (articles 6.1.b and 6.1.c);
• Security of the Platform, prevention of fraud and improvement of the Services: OCTOPUS's legitimate interest (article 6.1.f);
• Sending of commercial communications or newsletters: the User's consent, or legitimate interest for communications sent to customers about similar services, with the ability to object at any time.

14.5 Allocation of roles between OCTOPUS and the Glower

OCTOPUS acts as data controller for the processing operations related to the general operation of the Platform. For the performance of a Booking, OCTOPUS transmits to the Glower the strictly necessary data of the Glowee. As from this transmission, the Glower becomes an independent data controller for the constitution and management of their own customer file and for any processing that they carry out for their own needs.

The Glower undertakes, in this respect, to comply with all the applicable regulations: lawfulness and information of individuals, purpose limitation, retention periods, security, and exercise of rights. The Glower indemnifies OCTOPUS against any claim resulting from a breach by the Glower of their obligations regarding personal data. Where a processing operation jointly determines the purposes and means between OCTOPUS and the Glower, the parties shall conclude a joint controllership agreement within the meaning of article 26 of the GDPR.

14.7 Retention periods

The data are retained for the period strictly necessary for the purposes pursued, and in particular:

• Account data: for the duration of use of the Platform, then deleted or anonymised within a reasonable time after the closure of the Account;
• geolocation data: no longer than two (2) months;
• Booking and messaging data: for the duration of the relationship, then archived for the time necessary to manage any dispute and to comply with legal obligations;
• invoicing data: retained in accordance with the legal accounting and tax time limits;
• technical logs: retained for the period necessary for security, within the limit of the applicable recommendations.

At the end of these periods, the data are deleted or rendered anonymous, without any subsequent individual or commercial exploitation.

14.8 Data transfers outside the European Union

The data are in principle hosted and processed within the European Union. Should a processor come to process data outside the Union, OCTOPUS would ensure that the transfer is governed by an appropriate safeguard mechanism (adequacy decision or standard contractual clauses of the European Commission), in accordance with articles 44 et seq. of the GDPR.

14.9 Cookies and trackers

The Platform may use cookies and trackers. Those that are not strictly necessary for the operation of the service are placed only after obtaining the User's consent, expressed via a banner or a preference centre allowing granular choice and revocation at any time, in accordance with article 82 of the Act of 6 January 1978 and the guidelines of the CNIL.

14.10 Security and notification of data breaches

OCTOPUS implements the appropriate technical and organisational measures to protect the data against any destruction, loss, alteration or unauthorised access (encryption of communications and payments, access control, secure hosting). In the event of a personal data breach likely to give rise to a risk to the rights and freedoms of individuals, OCTOPUS will notify the incident to the CNIL and, where applicable, to the persons concerned, under the conditions and within the time limits of articles 33 and 34 of the GDPR, and will take reasonable measures to limit its effects.

This notification, as well as the measures taken, shall not be construed as an acknowledgement of any fault or liability of OCTOPUS as to the occurrence of the incident, in particular where it results from a third party, a case of force majeure or a breach by the User of their own security obligations.

14.11 Rights of data subjects

In accordance with articles 15 to 22 of the GDPR, the User has the rights of access, rectification, erasure, objection, restriction, portability of their data, as well as the right to withdraw their consent at any time and to define directives concerning the fate of their data after their death. These rights are exercised from the personal space of the Account or by email to support@glaura.fr accompanied, where applicable, by proof of identity. OCTOPUS responds within the legal time limits.

The User also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 Place de Fontenoy – TSA 80715 – 75334 Paris Cedex 07 (www.cnil.fr), if they consider that the processing of their data does not comply with the regulations.

Article 15 – Data security and backup

The User is solely responsible for backing up the data and Content that they process or retain and that fall outside the scope of the Services. Prior to any intervention requested from OCTOPUS, it is incumbent on them to back up their data; no loss of data resulting from the absence of such a backup may be attributed to OCTOPUS.

Article 16 – Right of withdrawal

16.1 Consumer Glowees

In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement, nor for services to be supplied on a specified date or period. The cancellation conditions specific to each Service are set by the Glower (Article 8).

16.2 Subscription by professional Glowers

As the Subscription and Extras are subscribed to for the needs of the Glower's professional business, the right of withdrawal under the French Consumer Code does not in principle apply. Where the Glower employs no more than five (5) employees and the subject matter of the Subscription does not fall within the scope of their main activity, they may benefit from a period of fourteen (14) days (articles L. 221-3 and L. 221-18 et seq. of the French Consumer Code), save for express waiver in the event of commencement of performance before the end of the period.

Article 17 – OCTOPUS liability

OCTOPUS is bound only by a best-efforts obligation. It implements the reasonable technical, human and organisational means to ensure access to and operation of the Platform, without guaranteeing the total absence of errors, interruptions or anomalies.

Given its status as a technical intermediary, OCTOPUS is not liable for: (i) the conclusion, performance or non-performance of the Services; (ii) the conduct, breaches, statements or Content of the Users; (iii) damage occurring in connection with a Service; (iv) disputes between Glowees and Glowers; nor (v) the services provided by third-party providers (payment, hosting, mapping, social platforms). Nor is it liable for the quality, availability or reliability of the telecommunications networks.

The data, videos, alerts and information distributed via the Platform have a purely informative value; it is for each User to verify and use them under their sole responsibility. Each User remains responsible for the use of the Platform under their control, as well as for the choice and use of their own equipment and third-party services.

To the fullest extent permitted by law, and except in cases where such a limitation would be prohibited (in particular bodily injury, gross negligence or wilful misconduct), OCTOPUS's liability is limited to direct, certain and foreseeable damage. Indirect damage is excluded (loss of business, loss of turnover, loss of clientele, loss of data, damage to image); any damage suffered by a third party is, by its nature, deemed indirect. As regards Glowers, OCTOPUS's total liability, for all events giving rise to liability combined, is capped at the total amount of the sums actually collected from the Glower concerned during the three (3) months preceding the event giving rise to liability.

The limitations and exclusions of this Article do not apply to the extent that they would be deemed unwritten with regard to a consumer Glowee pursuant to mandatory consumer law.

Article 18 – Warranty and indemnification by the User

The User, and in particular the Glower, warrants and holds OCTOPUS, its directors, employees and subcontractors harmless from any claim, action, judgment, and from all damage, compensation, costs and expenses (including reasonable lawyers' fees) resulting from: (i) a breach of the GTCU or of the regulations; (ii) Content published or imported by them; (iii) an infringement of the rights of a third party (intellectual property, image rights, privacy); or (iv) the performance or non-performance of a Service. OCTOPUS may, at its option, conduct the defence of the claim at the User's expense.

Article 19 – Confidentiality

All information exchanged between OCTOPUS and the Glower, or of which one of the parties becomes aware in connection with the contractual relationship, is confidential. Each party undertakes to protect it and not to disclose it without the prior written consent of the other.

Excluded from this obligation is information that: was already lawfully in the possession of the receiving party; is or falls into the public domain without any breach on its part; has been independently developed; or the disclosure of which is required by a legal provision or a decision of a competent authority or court.

Article 20 – Suspension and termination

20.1 At the User's initiative

The User may close their Account at any time. For the Glower, the termination of the Subscription takes effect at the end of the current period, without refund of the sums already paid in respect of the period commenced, save for mandatory legal provision to the contrary.

20.2 At OCTOPUS's initiative

In the event of a breach by the User, OCTOPUS may, after a formal notice that has remained without effect for eight (8) days (save for a serious breach, security threat, manifestly unlawful Content or fraud, which authorise an immediate measure), suspend access to the Account or terminate automatically, without prejudice to any damages.

20.3 Effects

Termination entails the cessation of access to the Services and renders immediately payable the sums owed by the Glower. The stipulations that, by their nature, are intended to survive (intellectual property, warranties, liability, confidentiality, personal data, limitation, governing law) remain in force after the cessation of relations.

Article 21 – Term and modification of the GTCU

The GTCU apply throughout the duration of use of the Platform. OCTOPUS may modify them at any time, in particular to adapt them to changes in the Services or the regulations. Users are informed of any substantial modification by any appropriate means. Continued use constitutes acceptance of the modified GTCU; failing this, the User must cease using the Platform and, where applicable, terminate their Subscription.

Article 22 – Force majeure

OCTOPUS's liability cannot be engaged in the event of force majeure within the meaning of article 1218 of the French Civil Code. The following are in particular considered, expressly and without limitation, to be cases of force majeure:

• natural disasters, bad weather, fires, floods and exceptional climatic events;
• strikes, whether total or partial, internal or external to OCTOPUS or its providers;
• major failures or disruptions of communication networks, internet access or hosting (cloud) infrastructure;
• the unavailability, failure or modification of the interfaces (APIs) or services of the third-party platforms (in particular TikTok, Instagram, YouTube) or of the payment provider;
• cyberattacks, power outages, as well as any measure of the authorities.

The performance of the affected obligations is suspended for the duration of the event, without compensation to the User.

Article 23 – Assignment

As the User's right of access is personal and non-assignable, any assignment, sub-making-available, rental, lending or transfer, whether free of charge or for consideration, is strictly prohibited without the prior, written and express consent of OCTOPUS.

OCTOPUS may freely assign or transfer all or part of its rights and obligations hereunder, in particular in the context of a merger, acquisition, reorganisation or transfer of business; the User is informed thereof in writing within a reasonable time. The assignee takes over all the rights and obligations without modification of the access framework, the User being unable to object thereto save for a substantial modification that is unfavourable to them, in which case they have a period of thirty (30) days to terminate without penalty.

Article 24 – Miscellaneous provisions

24.1 No waiver

The fact that OCTOPUS does not avail itself of a breach by the User shall not constitute a waiver of its right to avail itself thereof subsequently.

24.2 Subcontracting and corrective modification

OCTOPUS may freely subcontract all or part of its obligations, under its responsibility. It may, after informing the User, make any modification intended to correct an error, provided it does not substantially alter the performance of the GTCU.

24.3 Commercial reference and know-how

The Glower authorises OCTOPUS to cite their name and reproduce their logo as a commercial reference on its communication media. OCTOPUS remains free to use the know-how acquired and to provide similar services to other clients.

24.4 Partial invalidity and entirety

If a stipulation were declared null or inapplicable, the others would retain their full effect and the stipulation concerned would be replaced by a valid stipulation of equivalent effect. The GTCU, together with the Privacy Policy and, where applicable, the Special Conditions, express the entirety of the agreement between the parties.

Article 25 – Governing law, mediation and disputes

These GTCU are subject to French law, both as to matters of form and of substance.

In accordance with articles L. 612-1 et seq. of the French Consumer Code, the consumer Glowee may have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute between them and OCTOPUS. The Glowee may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

Failing amicable resolution, and with regard to the professional Glower, express jurisdiction is granted to the courts of the district of OCTOPUS's registered office, notwithstanding a plurality of defendants, an action on a warranty or emergency proceedings. With regard to the consumer Glowee, the ordinary rules of jurisdiction remain applicable.