Terms of Service.

Fortized is a social and gaming platform operated by Swiftaw SAS, a limited liability company incorporated and registered under the laws of France (SIRET: as on file with the French Register of Commerce). Swiftaw is the legal operator and data controller for Fortized. This Service includes the web application, desktop applications, mobile applications (if and when available), APIs, and all features and systems within.

For legal service of process, data protection requests, or complaints about the Service, contact Swiftaw through Fortized Support and mark your message Legal Notice. We respond in French or English. Swiftaw is subject to the jurisdiction of the French courts and complies with French commercial law, GDPR, the Digital Services Act, and other applicable EU and international regulations.

Fortized is provided on an "as is" and "as available" basis. Swiftaw makes no warranty that the Service will be uninterrupted, error-free, or free of viruses or malware. We aim for reliability, but we cannot guarantee 100% uptime. Server maintenance, updates, emergency patches, and unforeseen outages may occur.

Swiftaw may modify, suspend, or discontinue any feature or the entire Service at any time. If we discontinue the Service entirely, we will give 30 days' notice where legally possible. Discontinuation or modification does not entitle you to a refund, except as mandated by consumer protection law.

Fortized may integrate with third-party services (Spotify, for example). We are not responsible for the availability, accuracy, or quality of those third-party services. If a third-party service fails, Fortized may not function correctly. Terms of those third parties apply when you use their services through Fortized.

All content, code, design, logos, trademarks, and intellectual property within Fortized belong to Swiftaw or its licensors. You may not use Fortized's intellectual property without written permission. Fortized and related marks are trademarks of Swiftaw SAS.

By using Fortized, you receive a limited, non-exclusive, non-transferable license to access and use Fortized for personal, non-commercial purposes. You may not sublicense, resell, rent, lease, or otherwise transfer this license.

When you post content on Fortized, you grant Swiftaw a worldwide, royalty-free, perpetual license to display, distribute, and archive that content on the platform. This license survives deletion of individual messages but not deletion of your entire account. You revoke this license by deleting the content or your account.

To the fullest extent permitted by law, neither Swiftaw nor its officers, employees, agents, or licensors are liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or goodwill
• Damages resulting from your inability to use Fortized
• Damages resulting from statements or actions of other users
• Damages from unauthorized access to your account
• Damages from service interruptions or bugs

Even if Swiftaw is advised of the possibility of such damages.

Swiftaw's total liability to you for all claims arising from Fortized shall not exceed the total amount you have paid Swiftaw in the 12 months preceding the claim. If you have paid nothing, Swiftaw's liability is capped at 100 euros (or your country's equivalent).

This limitation does not apply to:

• Death or personal injury caused by Swiftaw's negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be limited by law in your jurisdiction
• Your statutory rights as a consumer under French and EU law

If you are a consumer in the EU, nothing in these Terms waives your right to compensation for personal injury or damages that French law or EU law does not permit us to limit.

You agree to defend, indemnify, and hold harmless Swiftaw and its officers, employees, and agents from any claims, damages, losses, liabilities, or costs (including attorneys' fees) arising from:

• Your violation of these Terms or any law
• Your use of Fortized in an unauthorized manner
• Your content or user-generated creations (bots, templates, emojis)
• Intellectual property infringement claims related to your content
• Your negligence or willful misconduct

Fortized is provided without warranties of any kind, express or implied, including:

• Warranty of merchantability
• Warranty of fitness for a particular purpose
• Warranty of non-infringement
• Warranty of accuracy or completeness
• Warranty that errors will be corrected

You are solely responsible for your use of Fortized. You assume all risks. If Fortized causes you loss, that is your responsibility to mitigate or resolve.

These Terms are governed by the laws of France, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any legal action or proceeding relating to Fortized must be brought exclusively in the competent courts of France. Both you and Swiftaw consent to the exclusive jurisdiction of these courts. Nothing in these Terms prevents either party from seeking injunctive relief in any jurisdiction.

If you are a consumer in the EU, you may also file a complaint with the European Online Dispute Resolution platform. You may submit complaints about Fortized at https://ec.europa.eu/consumers/odr.

Before initiating legal action, contact Fortized Support and describe your complaint. We will respond within 15 business days. If we cannot resolve the dispute, either party may pursue legal remedies. This requirement does not prevent emergency injunctive relief.

If any provision of these Terms is found to be unenforceable or invalid, that provision is severed, but the remainder of these Terms remains in full force and effect.

Swiftaw's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is valid unless in writing and signed by an authorized representative of Swiftaw.

These Terms, the Terms of Use, the Privacy Policy, and the Fortshop Policy constitute the entire agreement between you and Swiftaw regarding Fortized. They supersede all prior negotiations, understandings, and agreements, whether written or oral.