General

The company SO FAR SO GOOD (hereinafter referred to as “SFSG”), a limited liability company share capital of €10,000, headquartered at 10, rue de la Paix – 75002 Paris, France, and registered with the Paris Trade and Companies Register (RCS) under number 533 142 790, specializes in the publishing of computer programs.

Sites and Services are hosted by Titan Datacenters France SAS, 06250 Mougins, France.

As part of this activity, SFSG has developed and implemented the INCREDIBOX Service, which enables users to generate, record, and share musical Mixes created using pre-recorded samples.

These General Terms of Use (GTU) for the Service are intended to govern the relationship between the Publisher and natural persons who:
- use the App, after purchasing and downloading it from the download platform of their choice; and
- use the Site and/or the online Demo (accessible at the following address: incredibox.com).

The User acknowledges having read and accepted the General Terms of Use of the Service prior to downloading the App or using the Website and/or the Demo.

Terminology

The terms beginning with a capital letter in these GTU, whether used in the singular or plural, shall have the meaning given to them below:

App: Refers to the paid application developed and published by SFSG and available on download platforms.

CG Mods: Refers to the general conditions, in addition to these GTU, applicable to Users also acting as Modders and set out in Article 7 hereof.

GTU: Refers to these General Terms of Use of the Service.

Contents: Refers to all elements composing and/or accessible via the Service, including any type of content appearing in the App, the Demo, and/or on the Site, such as the layout, structure, and graphical and textual elements of the Service, editorial content, drawings, icons, illustrations, images, photographs, graphic style guides, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, and source and object codes.

Demo: Refers to a limited version of the App, available as a free trial on the Site and without the need for download.

Personal Data: Refers mainly to the IP address and UUID of Users, collected by SFSG in the context of the use of the Service.

Publisher: Refers to the company SO FAR SO GOOD (or SFSG), publisher and owner of the Service.

Mix: Refers to a musical composition that users can generate via the Service by combining pre-recorded samples such as rhythms, effects, melodies, or voices created by SFSG.

Mod: Refers to a modification or addition made to an application or a game by a portion of the Users (hereinafter the “Modders”), mainly consisting of changing the mechanics, replacing visual and/or sound content, or modifying any other element that can personalize the experience. Within the scope of the Service, Mods are unofficial versions of INCREDIBOX customized by fans.

Service: Refers to the various functionalities of INCREDIBOX available on the Site, in the App, and/or the Demo, as defined in Article 1 below.

Site: Refers to the website owned by the Publisher, required, among other things, for the use of the Demo and accessible at the following address: incredibox.com (can also refer to incredibox.school if the User is a professionnal).

Terminal: Refers to the computer and/or tablet and/or mobile device used by the User to access the Service.

User: Refers to natural persons using the Service.

1. Purpose of Service and Scope of Use

The purpose of the Service is to provide Users with various features, including but not limited to the following:
- Access to a free Demo on the Site, allowing them to test the INCREDIBOX concept and the App interface through limited Content.
- Generating musical Mixes using pre-recorded samples represented as icons that are dragged and dropped onto animated characters (the sound loops are non-modifiable and are automatically designed to be played together).
- Reviewing, saving, and sharing Mixes in the form of unique URL links.
- Browsing Mixes created by other users via a playlist that includes a ranking system and a search form.

When using the paid App, Users may access additional features, such as:
- Access to exclusive content published and created by SFSG.
- Managing Mixes within a personal playlist and exporting them as MP3 files.
- Access to a selection of Mods approved by SFSG.

If the User is a Modder, the purpose of the Service, as well as its specific usage framework and access conditions, will be detailed in Article 7 of these terms.

The Publisher may modify the Service at any time by changing the list of available features.

2. Prerequisites

To access the Service, the User must have an Internet connection (mobile or Wi-Fi) and a Terminal equipped with an up-to-date IOS, Android, MacOS, or Windows operating system. The User must also ensure that their Terminal is compatible with the specifications indicated on the Site and/or the download platforms.

Access to the Demo is free and is available directly on the Site, subject to the use of a modern, up-to-date browser (Firefox, Safari, Chrome, Edge, etc.). The User can play directly on the Site or install a shortcut to the web app on the home screen of their mobile Terminal. The Service operates using PHP, HTML, CSS, and JavaScript technologies.

Access to the App is paid and is obtained directly from the download platform selected by the User, in accordance with the terms and conditions, including financial terms, of the respective platform at the time of subscription. The App is available on the following download platforms: Apple App Store, Google Play Store, Amazon, Steam, Apple Mac Store, and Microsoft Store. Once the App has been downloaded, an Internet connection is not required to access its basic features, but it is essential for updating the App, using Incredimods, or viewing Mixes created by other Users.

The Service may be updated at any time by the Publisher, which may require adaptations to the necessary prerequisites for its use, which the User acknowledges and accepts.

3. Access to the Service

To benefit from the features offered by the Publisher as part of the Service, no account creation is required.

4. User's Obligations

The User agrees to:
- Comply with the Publisher's recommendations as set forth herein and/or on the Service.
- Use the Service in a reasonable manner.
- Not publish any content (images, sounds, etc.) that infringes the rights of third parties, particularly intellectual property rights or any other personal rights.
- Not copy, give, sell, lend, rent, distribute, reproduce, exploit, commercially or otherwise present or display the Content accessed through the Service (including but not limited to the provided samples or any other Content forming part of or appearing on the Service).
- Comply with applicable laws and regulations.
- Not make commercial use of the Service and/or the Content.

If the User is a Modder, they also agree to comply with all applicable terms and conditions as set out in Article 7 herein.

5. Service Accessibility and Malfunctions

The Publisher undertakes to make its best efforts to ensure that the Service is accessible and operational at all times, subject to the limitations set forth herein. In this respect, the Publisher is only bound by a best endeavors obligation and not an obligation of result, and does not guarantee the continuity of the Service.

The Service is provided “as is”. The Publisher cannot guarantee that the Service will be free of errors or viruses and provides no warranties of any kind, whether express or implied, including but not limited to warranties of quality or fitness for a particular purpose regarding the availability and/or accuracy of the Service's content.

In particular, the Publisher is not responsible for any malfunction or lack of operation of the Service resulting from poor or insufficient internet network coverage. Nor is it responsible for any inability to access download platforms within the scope of using the App. Operation of the Service is based on technologies developed and operated by third parties over whom the Publisher has no means of intervention.

The Publisher also reserves the right to temporarily interrupt access to the Service for maintenance purposes, whether corrective, preventive, and/or evolutionary. However, the Publisher undertakes to use its best efforts to minimize the duration of any such interruption.

Thus, the User declares that they are familiar with the Internet and accept both its limitations and constraints. In particular, they acknowledge that:
- The reliability of transmissions is unpredictable due, in particular, to the heterogeneous nature of the infrastructures and networks through which they travel, and that failures or network congestion may occur.
- There may be access restrictions to certain networks, and such access may be subject to specific agreements.
- Users may connect their Terminal from any location and, in certain cases, may divert, disseminate, alter, destroy, or falsify data, software, and/or content transmitted over the Internet, despite the implementation of access control procedures, such as password protection or other access codes. Consequently, it is the User's responsibility to take all appropriate measures to ensure the security of their equipment and data, particularly against contamination by viruses and/or attempted intrusions.

Any equipment used to connect to the Service is and remains the sole responsibility of the User.

6. Intellectual Property

The entirety of the Content, as well as any other content within the Service, in particular the audio and visual files made available to users, and any other elements composing the Service, in particular their source code, are the sole and exclusive property of the Publisher and are subject to French law, as well as applicable international laws and treaties on copyright and specific software protection, including EU Directive 2009/24/EC.

Any unauthorized use of the Service and/or its Content, or of any element contained therein, shall be considered an infringement and will be prosecuted in accordance with the provisions of Articles L335-2 et seq. of the French Intellectual Property Code.

The use of the Service does not confer any rights to the User other than the simple right to use said Service as provided for herein.

As a result, the User may not copy, reproduce, represent, modify, publish, transmit, transfer, commercialize, sell, rent, create derivative works, distribute, broadcast, perform, display, translate, adapt, extract, decompile, and/or misuse in any way, in whole or in part, the Content featured on the Service, or any part of the Service in general, including software, written, visual, or audio elements, regardless of the method or procedure used, nor infringe on the copyright or other intellectual property rights of the said Content. It is also prohibited to delete or modify any copyright, trademark, or other proprietary notice, as well as any visual mark or logo appearing on the Service.

The Mixes generated by the User through the Service are expressly understood to be the sole and exclusive property of the Publisher. It is also understood that these Mixes may be broadcast at any time by the Publisher as part of the use of the Service. Furthermore, the User may only modify the audio file downloaded via the Service to make it compatible with their media player and strictly for personal use.

The User is not authorized to archive or retain the Content accessed during the use of the Service, except where necessary for the proper functioning of said Service and/or with the prior written authorization of the Publisher.

Any request to archive, republish, or retain part of the Content must be submitted in writing to the Publisher and must clearly specify the purpose and manner in which the Content will be used. Requests for authorization to archive, retain, or republish this Content may be submitted on the Site using this form.

Finally, the User agrees and acknowledges that they will not use the Service: for illegal purposes; to solicit others to perform or participate in illegal acts; to violate international, governmental, federal, provincial, state, or local regulations, rules, laws, or ordinances; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the website; to collect or track the personal information of others; to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; for obscene or immoral purposes; or to interfere with or bypass the security measures of the Service.

7. CG Mods

As a reminder and in accordance with the applicable intellectual property rules previously stated in Article 6 herein, unofficial versions of INCREDIBOX customized by Modders constitute acts of infringement of the Service through the unlawful reproduction of Content.

However, the Publisher appreciates the passion that Users show toward the Service and has, as a general principle, decided not to take legal action against third-party projects involving the Service, such as Mods, provided they are non-commercial and respect the intellectual property rights of other Parties. This principle does not apply to the use or incorporation of other intellectual property rights in the project (including other rights of the Publisher) or to the creation of other elements or derivative products that fall outside the scope of the Service.

The Content customized by Modders must under no circumstances constitute a for-profit project; they must remain simple Mods designed to bring players together around the Service and a shared passion. This principle should not be interpreted as granting a license and does not constitute endorsement, approval, or authorization of any third-party project. The Publisher reserves the right to oppose any third-party project or to revise, revoke, and/or withdraw this statement at any time at its sole discretion. This statement does not constitute a waiver of any rights the Publisher may have regarding third-party projects.

Furthermore, Modders are not authorized to exploit Mods in a way that could create confusion with the distribution of the Service by the Publisher or the exploitation of the INCREDIBOX brand. In other words, Mods distributed outside the Service that could be associated with the Site, the Demo, and/or the App are prohibited. Any promotion of a Mod not distributed through the Service in a manner suggesting affiliation with the Publisher or the brand, without prior written authorization from SFSG, is strictly prohibited.

Within the specific framework of the use of the Service, the Publisher provides Modders, for revocable, limited, non-exclusive, and non-commercial use, and subject to acceptance of these GTU, its own original material required for the development of Mods (hereinafter referred to as “Modbox”), as well as documentation and a submission form available on the Site at the following address: incredibox.com/mod/

It is expressly understood that Modders agree to follow the instructions provided by the Publisher on the Site and not to submit any Mods that do not comply with these instructions. The Modbox must be used solely for the customization of Content within the framework of Mods intended for the Service, in compliance with these GTU, particularly in terms of intellectual property. The Content provided through the Service and/or the Modbox, including the game code, graphical elements, music, and any other Content, remains the exclusive property of the Publisher. Consequently, the Publisher is recognized and considered by Users of the Service and Modders as the copyright owner of all developments and Mods derived from the original INCREDIBOX work.

Mods submitted by Modders may be selected by SFSG as approved Mods, hereinafter referred to as “Incredimods”, and may be distributed by the Publisher within the App, on the Site, and/or through any other communication medium necessary for the dissemination of the Service. Furthermore, the Publisher provides no guarantee regarding the acceptance of a Mod as an Incredimod, and the acceptance of the said Mod remains entirely at its discretion. To maintain the integrity of the Service and ensure the best experience for its Users, the Publisher reserves the right to disable Incredimods or revoke the use of the Modbox at any time.

8. Personal Data

The User is informed that, in the scope of using the Service, SFSG may process certain Personal Data concerning them, primarily their IP address and UUID.

This Personal Data is retained solely for the purpose of using the Service and only for the duration of its use, which the User acknowledges.

SFSG places the utmost importance on Users' information and their Personal Data, which is why its Data Privacy Policy has been given special attention. It is accessible alongside these GTU, which it forms an integral part of, at the following address: incredibox.com/info/privacy

9. Hypertext Links

The Service may contain hyperlinks to third-party websites that are not governed by these GTU.

The Publisher has no control over the content of third-party websites referenced through hyperlinks. These websites are operated by independent third-party companies that are not affiliated with the Publisher.

As a result, the Publisher assumes no responsibility for the content, advertisements, products, services, or any other information or data available on or from these websites. The User therefore acknowledges that they are solely responsible for accessing and using these sites. The Publisher cannot be held liable for any damages or losses, whether actual or alleged, resulting from or related to the use of, or reliance on, the content, goods, or services available on these websites.

10. Updates to the GTU

The applicable GTU are those in effect on the date of the User's log in to and use of the Service.

The Publisher reserves the right to modify, at any time, all or part of the provisions of the GTU without prior notice or information to Users, in order to adapt them to changes in the Service, technological developments, legal or judicial developments, or the implementation of new functionalities.

Any modifications made by the Publisher to the GTU will be brought to the attention of Users simply by being published online. They shall be deemed unconditionally accepted by any User accessing the Service after such publication. The Publisher therefore encourages all Users to review the GTU regularly.

Any new functionality incorporating new technologies or characteristics that enhance the quality of the existing Service will also be subject to these GTU, unless expressly stated otherwise.

11. Applicable Law

These GTU are governed by French law, to the exclusion of any other legal system.

Any dispute or disagreement relating to the execution or interpretation of these terms that cannot be resolved amicably between the Parties shall be submitted to the competent courts.