Terms of Service.

Fortized is a social and gaming platform run by Swiftaw SAS, a company set up and registered in France (SIRET: as on file with the French Register of Commerce). Swiftaw is the legal operator and the data controller for Fortized. When we say "the Service" we mean the whole thing: the web app, the desktop apps, any mobile apps down the line, the APIs, and every feature inside.

For a legal notice, a data request, or a complaint about the Service, reach Swiftaw through Fortized Support and mark your message Legal Notice. We reply in French or English. Swiftaw answers to the French courts and follows French commercial law, the GDPR, the Digital Services Act, and the other EU and international rules that apply to us.

We run Fortized "as is" and "as available." We can't promise it'll never go down, never hit a bug, or never run into something nasty like malware. We aim for solid and reliable, but 100% uptime isn't a thing anyone can guarantee. Maintenance, updates, emergency patches, and the occasional outside-our-hands outage are all part of it.

We may change, pause, or shut down any feature, or the whole Service, whenever we need to. If we're closing Fortized down for good, we'll give 30 days' notice where the law lets us. Changing or ending something doesn't earn you a refund on its own, unless consumer-protection law says otherwise.

Fortized plugs into other services now and then, like Spotify. We can't vouch for whether those work, or how accurate or good they are, and if one of them breaks, parts of Fortized might break with it. When you use one through Fortized, that service's own terms apply too.

Everything that makes up Fortized, the code, the design, the logos, the trademarks, all of it, belongs to Swiftaw or the people who license it to us. You can't use any of it without our written say-so. Fortized and its related marks are trademarks of Swiftaw SAS.

Using Fortized gives you a limited, non-exclusive, non-transferable licence to use it for your own personal, non-commercial purposes. You can't sublicence it, resell it, rent or lease it, or hand it off to anyone else.

You keep what you make. When you post something on Fortized, you give us the permission we need to show, share, and archive it on the platform, worldwide and free of charge, for as long as it's there. Deleting a single message doesn't end that permission, but deleting the content or your whole account does.

As far as the law allows, neither Swiftaw nor our officers, employees, agents, or licensors are on the hook 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.

If it ever comes to it, the most Swiftaw can owe you across every claim tied to Fortized is whatever you paid us in the 12 months before the claim. If you've paid us nothing, that cap is 100 euros (or the equivalent where you live).

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're a consumer in the EU, nothing here signs away your right to compensation for personal injury, or for anything French or EU law won't let us limit in the first place.

If someone comes after Swiftaw, our officers, employees, or agents over something you did, you agree to cover us, and to step in and defend us, for the claims, damages, losses, liabilities, or costs (legal fees included) that come out of:

• 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 comes without warranties of any kind, spoken or implied. That includes any:

• 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

How you use Fortized is on you, and you take on the risks that come with it. If using it leads to some loss, sorting it out is your responsibility.

These Terms follow French law, setting conflict-of-law rules aside. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply here.

Any legal action about Fortized has to be brought in the competent courts of France, and nowhere else. You and Swiftaw both agree those courts have the say. That said, nothing here stops either of us from asking for an injunction wherever we need to.

If you're a consumer in the EU, you can also take a complaint to the European Online Dispute Resolution platform. File one about Fortized at https://ec.europa.eu/consumers/odr.

Before you take us to court, come to Fortized Support first and tell us what's wrong. We'll get back to you within 15 business days. If we still can't sort it out, either of us is free to go the legal route. None of this holds up an emergency injunction.

If a court decides one part of these Terms can't stand, that part drops out and everything else keeps working exactly as it did.

If we don't enforce a rule right away, that doesn't mean we've given it up, or any other rule for that matter. A waiver only counts when it's in writing and signed by someone at Swiftaw with the authority to do it.

These Terms, the Terms of Use, the Privacy Policy, and the Fortshop Policy, together with Swiftaw's general Terms of Service, Privacy Policy and Products Policy, are the whole agreement between you and Swiftaw about Fortized. They replace anything we talked about, understood, or agreed on before, written or spoken.