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<p lang="en-US"><strong>APP LOUNGE</strong></p>
<p lang="en-US"> </p>
<p lang="en-US">TERMS AND CONDITIONS</p>
<p lang="en-US"> </p>
<p lang="en-US">DATED April, 25<sup>th</sup> 2022</p>
<p lang="en-US"><strong>PREAMBLE</strong></p>
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<p lang="en-US">E Foundation develops mobile operating systems, applications and tools designed to protect users' privacy.</p>
<p lang="en-US">As part of this effort, /e/OS is a non-profit operating system project, supported by an international team of experienced entrepreneurs, developers and designers, and a growing community of collaborators.</p>
<p lang="en-US">But beyond the operating system, applications are also essential elements of a good smartphone experience.</p>
<ol>
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<h1 lang="en-US">PURPOSE</h1>
</li>
</ol>
<p lang="en-US">In this context, "App Lounge" is an application that provides access to a set of applications that can then be downloaded and installed on your cell phone (hereafter, "the Software").</p>
<p lang="en-US">E Foundation is the publisher of App Lounge.</p>
<p lang="en-US">The "users" are the persons who use the Software.</p>
<p lang="en-US">The Software is accessible on the cell phone of users who can use it.</p>
<p lang="en-US">Pursuant to Articles 7(4) and 20 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Software allows the User to exercise his rights to the protection of his personal data.</p>
<p lang="en-US">Firstly, the Software allows the User to exercise his/her right to download applications without this action being coupled with the collection and processing of his/her personal data.</p>
<p lang="en-US">Secondly, the Software allows him to exercise his right to data portability, under his direction and responsibility to download applications from the Google Play Store.</p>
<p lang="en-US">In this context, the User will be able to download the applications of his choice, either anonymously or through his Google account.</p>
<p lang="en-US">In both cases, the User will have a direct relationship with the Google Play Store, with App Lounge running directly from the User's cell phone, and Foundation will not collect any data in any capacity.</p>
<ol start="2">
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<h1 lang="en-US">VALIDITY AND ACCEPTANCE</h1>
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</ol>
<p><span lang="en-US">The purpose of these Terms of Use is to define the terms and conditions under which Users may access and use the Software. They constitute a contract between E Foundation and the Users. They supersede all previous provisions and, except for specific conditions, constitute the entirety of the rights and obligations of the parties.</span></p>
<p lang="en-US">By installing App Lounge and using the Software, Users agree to be bound by these Terms and Conditions and to accept them without reservation.</p>
<p lang="en-US">If Users refuse to comply with any of the obligations and conditions contained in the Agreement, they must forfeit access to and use of the Software.</p>
<p lang="en-US">Users represent and warrant that they have the legal capacity to contract and, if they are a legal entity, that they are authorized to act on behalf of such entity.</p>
<p lang="en-US">The Users declare that they have the right to use the Software.</p>
<p lang="en-US">Furthermore, Users declare that they have read the Terms and Conditions of the Google Play Store as indicated at: https://play.google.com/</p>
<p lang="en-US">They also declare to respect them, when exercising their right to benefit from a service that is not coupled with the collection and processing of their personal data, as well as when exercising their right to the portability of their data.</p>
<p lang="en-US">These General Conditions are concluded for the duration of the use of the Software by the User.</p>
<ol start="3">
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<h1 lang="en-US">SCOPE OF APPLICATION</h1>
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</ol>
<p lang="en-US">This agreement governs exclusively the use of the Software by Users.</p>
<p lang="en-US">App Lounge and the Software are made available to Users free of charge, and without any consideration other than compliance with these Terms of Use.</p>
<p lang="en-US">The relationship between the publishers of the downloaded applications and Users is not governed by this agreement.</p>
<ol start="4">
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<h1 lang="en-US">OBLIGATIONS OF E FOUNDATION</h1>
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</ol>
<p lang="en-US">E Foundation's responsibility is limited exclusively to enabling the download of the App Lounge and access to the Software, within reasonable limits due to its free nature.</p>
<p lang="en-US">E Foundation undertakes to provide the Software in a diligent and workmanlike manner, but only as an obligation of means, which is expressly acknowledged and accepted by the Users.</p>
<p lang="en-US">E Foundation does not intervene in any way in the management of the applications downloaded via the Software, in their functioning, in the exchanges via or linked to these applications, and in the possible transactions and operations that could result from these applications.</p>
<p lang="en-US">Users are responsible for the circumstances surrounding the operation of the applications they subsequently download via the Software. E Foundation is not responsible for their operation. E Foundation is not their publisher. E Foundation excludes any liability in this respect to the extent permitted by law.</p>
<p lang="en-US">Consequently, E Foundation cannot be held liable for applications, the authors of which are third parties, and any claims should be directed in the first instance to the author of the applications in question.</p>
<p lang="en-US">The same applies to any Content that is in turn uploaded via such applications.</p>
<p lang="en-US">As indicated below, E Foundation may be notified of Content that is harmful to a third party in accordance with Article 6 I 5 of the French law no. 2004-575 of 21 June 2004 on trust in the economy.</p>
<p lang="en-US">E Foundation undertakes to check the functioning and accessibility of the Software. In this respect, E Foundation reserves the right to temporarily interrupt access to the Software for maintenance purposes.</p>
<ol start="5">
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<h1 lang="en-US">INTELLECTUAL PROPERTY</h1>
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</ol>
<p lang="en-US">App Lounge is made available under a free and opensource license from the following web address: https://gitlab.e.foundation/e/apps/apps</p>
<p lang="en-US">E Foundation does not claim any ownership of the applications installed by the Users as part of their use of the Software.</p>
<p lang="en-US">E Foundation does not claim any ownership of the content downloaded through these applications.</p>
<p lang="en-US">However, E Foundation is the owner of the intellectual property rights of the "App Lounge" brand as well as of all graphic elements, including logos, graphic design, all communication elements and their updates.</p>
<ol start="6">
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<h1 lang="en-US">LIABILITY AND WARRANTY</h1>
</li>
</ol>
<p lang="en-US">E Foundation cannot guarantee that the Software will be free from defects.</p>
<p lang="en-US">E Foundation undertakes to provide the Software diligently and in accordance with the rules of the trade, being reminded that this is only an obligation of means, which the Users expressly acknowledge and accept.</p>
<p lang="en-US">E Foundation shall not be liable for any temporary difficulties or impossibilities in the operation of the Software due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunication networks.</p>
<p lang="en-US">Users acknowledge and accept that the Software may also be unavailable, especially due to its maintenance or upgrade or for any other reason.</p>
<p lang="en-US">The Software is developed in a standardized way for all Users. It is not designed to be adapted to their personal constraints.</p>
<p lang="en-US">E Foundation is not responsible for the use of external software and/or external applications that Users may access through the Software.</p>
<p lang="en-US">In case Users are redirected to an external application or to an external Software, the terms of use of the relevant Software shall apply instead of these Terms and Conditions.</p>
<p lang="en-US">E Foundation declines all responsibility for any sanctions that may be taken by Google due to the use of personal accounts by Users, and in particular in the event of their banning – ban possibilities being particularly broad with regard to the Terms of Service of the Google Play Store.</p>
<p lang="en-US">Users acknowledge and accept that it is their responsibility to manage their accounts in that sense, and if needed, to create additional accounts in order for them to use of the Software.</p>
<ol start="7">
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<h1 lang="en-US">PROHIBITED BEHAVIOR</h1>
</li>
</ol>
<p lang="en-US">In addition to the other prohibitions set forth in these terms and conditions, Users agree to use the Software in a virtuous manner.</p>
<p lang="en-US">Specifically, they are prohibited from using the Software for the following purposes:</p>
<ul>
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<p lang="en-US">carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties;</p>
</li>
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<p lang="en-US">undermining public order or violating the laws and regulations in force;</p>
</li>
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<p lang="en-US">Intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security;</p>
</li>
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<p lang="en-US">sending unsolicited emails or commercial solicitations;</p>
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<p lang="en-US">manipulations intended to improve the referencing of a third party site;</p>
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<p lang="en-US">aiding or abetting, in any form or manner, one or more of the acts and activities described above.</p>
</li>
</ul>
<ol start="8">
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<h1 lang="en-US">PERSONAL DATA</h1>
</li>
</ol>
<p lang="en-US">E Foundation is committed to the protection of personal data.</p>
<p lang="en-US">It is committed to respecting the highest possible level of protection in accordance with the French Data Protection Act.</p>
<p lang="en-US"><u><strong>In this context, E Foundation does not collect any data about the Users.</strong></u></p>
<p lang="en-US">Indeed, App Lounge only works locally on the User's phone, under his control and direction, without transmitting any personal data to E Foundation, except his (non-logged) IP address when calling the authentication token generation service.</p>
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<p><span lang="en-US">However, even if App Lounge does not collect any data, Users always have the right to information, and eventually to access, rectify and delete their data by e-mail: </span><span lang="en-US">contact@e.email</span></p>
<p lang="en-US">In order to guarantee the protection of Users' personal data, E Foundation has a Data Protection Officer.</p>
<ol start="9">
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<h1 lang="en-US">GENERAL PROVISIONS</h1>
</li>
</ol>
<p lang="en-US">If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.</p>
<p lang="en-US">E Foundation shall have the right to assign, transfer, subcontract or delegate any rights, duties, or obligations under these Terms.</p>
<p lang="en-US">Users agree that neither these Terms nor the use of the Software creates a partnership or joint venture, employment contract or agency between them and E Foundation.</p>
<p lang="en-US">In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute over the meaning of a term or provision.</p>
<p lang="en-US">The present conditions are subscribed for an indefinite period.</p>
<ol start="10">
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<h1 lang="en-US">MODIFICATIONS</h1>
</li>
</ol>
<p lang="en-US">E Foundation reserves the right to change these Terms and Conditions at any time, including the fees for use and the elements relating to personal data.</p>
<p lang="en-US">Users will be informed of such changes by any means, including publication on App Lounge.</p>
<p lang="en-US">The date of the update will always be indicated on these Terms and Conditions.</p>
<p lang="en-US">Use of the Software after the posting of a modification implies full acceptance of these modified terms.</p>
<p lang="en-US">The only way to refuse acceptance of a change to these Terms is to stop using App Lounge.</p>
<p lang="en-US">Any User who does not agree to the modified terms and conditions must refrain from using the Software.</p>
<p lang="en-US">Any User who uses the Software after the amended terms and conditions become effective shall be deemed to have accepted such amendments.</p>
<ol start="11">
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<h1 lang="en-US">FORCE MAJEURE</h1>
</li>
</ol>
<p lang="en-US">Any unforeseeable, irresistible and external event to the parties, such as (but not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial disasters, explosions, legal requisitions and other legislative or regulatory provisions restricting the exercise of E Foundation's activity, disruptions of electronic communication networks beyond the control of E Foundation, etc., shall be considered as force majeure.</p>
<p lang="en-US">In case of force majeure, E Foundation may suspend the Software.</p>
<p lang="en-US">The effects of these Terms and Conditions will then be suspended and will resume after the end of the force majeure event for the duration of the contract that remained at the time of the suspension.</p>
<ol start="12">
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<h1 lang="en-US">APPLICABLE LAW</h1>
</li>
</ol>
<p lang="en-US">The formation, existence, validity, interpretation, execution and termination of these General Terms and Conditions of Use and their possible consequences are subject to French law.</p>
<p><span lang="en-US">IN THE EVENT OF A DISPUTE RELATING TO THE FORMATION, EXISTENCE, VALIDITY, INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS AND CONDITIONS AND THEIR POSSIBLE CONSEQUENCES, THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS SHALL HAVE JURISDICTION NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS</span><span lang="en-US">, </span><span lang="en-US">INCLUDING WITH REGARDS TO URGENCY OR PRELIMINARY PROCEEDINGS</span><span lang="en-US">.</span></p>
<p lang="en-US"> </p>
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