Terms of Sale and Use — Akapulco

Version of 18 October 2026 (3rd version)

These Terms of Sale and Use are the English original. They have the same structure and legal effect as the French original published at https://akapulco.app/cgv. The version you accepted when you subscribed (English or French) is the version that binds you. The contract is governed by French law, without depriving you of the more protective mandatory provisions of the law of your country of habitual residence.

Contents

1. Purpose and Scope
2. Definitions
3. Identification of the Publisher
4. Acceptance of the Terms
5. Description of the Service
6. System Requirements
7. Creating and Managing the Account
8. Age and Capacity — Payment by a Third Party
9. Free Trial
10. The Subscription Offers
11. Prices, Taxes and Invoices
12. Payment 12a. Subscribing in the App (App Store, Google Play)
13. Renewal and Annual Notice
14. Right of Withdrawal
15. Twelve-Month Commitment — "Détermination" Offer
16. Cancelling the Subscription
17. Non-Payment
18. Price Changes — Referrals
19. User Obligations
20. Intellectual Property
21. Availability and Changes to the Service
22. Legal Guarantees
23. Liability
24. Personal Data and Cookies
25. Deleting the Account
26. Suspension and Termination by the Publisher
27. Changes to the Terms
28. Governing Law, Complaints, Mediation and Disputes
29. Miscellaneous Annex — Withdrawal Form

Article 1 — Purpose and Scope

These general terms of sale and use (the "Terms") set out the conditions under which the Publisher makes the Akapulco application and its services available, and the conditions under which the User subscribes to, pays for, renews and cancels a subscription. Together with the order confirmation, they constitute the entire agreement between the Publisher and the User.

The Service is offered worldwide. These Terms exist in French and in English, each as an original. The version accepted at the time of subscription is the version that applies. They are governed by French law, without depriving consumers of the more protective mandatory provisions of the law of their country of habitual residence (Article 28).

Article 2 — Definitions

Article 3 — Identification of the Publisher

• Company name: OASIS WATERFALL PROVIDENCE (OWP), a société par actions simplifiée unipersonnelle (single-shareholder simplified joint-stock company) with share capital of €100
• Registered office: 4 avenue du Teiras, 06300 Nice, France
• SIREN: 943 403 840 — R.C.S. Nice 943 403 840
• Intra-EU VAT number: FR 46 943 403 840
• President and Director of Publication: Tom Hemon
• Contact: bonjour@akapulco.app
• Hosting of the API and data: Render Services, Inc., 525 Brannan Street, Suite 300, San Francisco, CA 94107, United States — telephone: +1 415 548 7706 — servers located in Frankfurt (European Union)
• Hosting of the Content and audio files: Cloudflare, Inc., 101 Townsend Street, San Francisco, CA 94107, United States — telephone: +1 888 993 5273

Article 4 — Acceptance of the Terms

Use of the Service implies compliance with the Terms. Subscribing to an Offer requires your express acceptance of the Terms: an unticked checkbox appears in the account area before you can access the payment page, together with a link to the Terms. The version accepted and the date of acceptance are stored with the subscription, by our payment service provider.

After you subscribe, an order confirmation is sent to you by email: it sets out the Offer, its price, the date of the first charge, the renewal terms, how to cancel and the right of withdrawal, and refers to this version of the Terms.

Article 5 — Description of the Service

5.1 Principle. Akapulco is an application for learning vocabulary through meaning: universal concepts serve as a pivot between languages, rather than word-for-word translation. Spaced repetition, exercises, example sentences and pronunciations.

5.2 Languages. The languages available are those presented on the Website on the date of your subscription. New languages are added to the catalogue over time, at no extra cost.

5.3 Mobile app. The Service can be used only in the mobile App for iOS and Android. The Website is used for presentation, Account management and payment; it cannot be used for learning.

5.4 Offline use. Once the Content has been downloaded to the device, learning works without a connection. A connection is required to create the Account and receive the login code, to download or update the Content, to synchronise progress, and to subscribe to, manage or cancel a subscription.

5.5 Account. An Account must be created in order to use the Service.

Article 6 — System Requirements

• a device running iOS 15 or later, or Android 7.0 or later;
• storage space for the downloaded Content (around ten megabytes of shared content, plus approximately ten megabytes of audio per language);
• a valid and accessible email address;
• an internet connection for the operations listed in Article 5.4.

It is your responsibility to check this compatibility before subscribing.

Article 7 — Creating and Managing the Account

7.1 Identifier. The Account is identified by an email address.

7.2 Password-free login. You enter your email address; an 8-digit code is sent to you by email, valid for 15 minutes, with a maximum of 5 attempts. No more than three codes may be requested per day for the same address.

7.3 Email address. As the email address is the only means of accessing the Account, you undertake to provide an accurate address that you control and to keep it accessible. Remember to check your "spam" or "promotions" folders. The address can be changed on request to bonjour@akapulco.app.

7.4 Session. A device's session is ended after six (6) months of inactivity; you then need to log in again with a code. This does not result in the deletion of the Account, the loss of progress or the cancellation of the subscription.

7.5 Personal use. The Account is strictly personal; sharing it, transferring it or making it available to third parties is prohibited. You may use it on several of your devices, with no technical limit on their number.

Article 8 — Age and Capacity — Payment by a Third Party

8.1 Age. The Service is intended for persons aged 15 and over. Below that age, the consent of a holder of parental authority is required. No date of birth is requested.

8.2 Subscription. Subscribing to a paid Offer requires the legal capacity to enter into a contract: a minor cannot subscribe alone; the subscription is taken out by their legal representative.

8.3 Payment by a third party. A third party (for example, a parent) may subscribe to an Offer for the benefit of an Account they do not hold, paying with their own details (option "Someone else is paying for this account"). That third party is then the subscriber: the order confirmation and invoices are sent to them, and any refunds (Articles 14 and 16.5) are paid to them, via the payment method used. Access to the Service is attached to the beneficiary Account, from whose account area the subscription is managed and cancelled. Where the Account holder is a minor, the subscriber declares that they are the minor's legal representative, and their subscription constitutes authorisation.

Article 9 — Free Trial

9.1 The Free Trial lasts fourteen (14) days, or twenty-one (21) days with a referral code entered when the Account is created (Article 18.3). It starts with your first learning session in the App — or when you subscribe to an Offer, if that happens before any session —, without a bank card, and gives access to the entire catalogue, in all languages. Until it has started, it does not run down.

9.2 If you do not subscribe to any Offer, the trial ends without any charge. If you subscribe during the trial, your payment details are recorded by our service provider, but the first charge is made only at the end of the trial, the benefit of which you retain. You may cancel before that date without paying anything (Article 16).

9.3 If the trial ends without a subscription, learning sessions are locked in the App. Your Account, your progress (on the device and on our servers) and the downloaded Content are kept; you regain access by subscribing to an Offer.

9.4 The trial is granted only once per person. An email address that delivers to the same mailbox as an existing Account — for example the same address followed by "+1", or, at Gmail, the same address written with more or fewer dots — does not give a right to a new trial: the Account is created, without a trial, and you may subscribe to an Offer. The same applies if you delete your Account and sign up again with the same address within twelve (12) months of the deletion (Article 25.1). If you believe a trial was refused to you by mistake (for example, a shared address or one reassigned by your provider), write to bonjour@akapulco.app and we will look into your situation. Creating several Accounts in order to chain trials is prohibited (Article 19).

Article 10 — The Subscription Offers

10.1 The entire catalogue. All three Offers give access to the entire catalogue: all languages available at the time of subscription and those added afterwards, at no extra cost. They differ only in their price, billing frequency and commitment.

10.2 The Offers.

10.3 Start of access. Access is opened as soon as our payment service provider confirms the subscription to us, usually within a few seconds.

Article 11 — Prices, Taxes and Invoices

11.1 Prices are stated in euros. VAT not applicable, Article 293 B of the French General Tax Code (Code général des impôts – CGI). No tax is added by the Publisher to the price displayed at the time of payment.

11.2 An invoice is issued for each payment and remains available in the subscription management area ("Manage my subscription" link in your account area).

Article 12 — Payment

12.1 Service provider. Payments are processed by Stripe (Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin D02 H210, Ireland), on a secure payment page hosted by Stripe.

12.2 No bank details held by Akapulco. Payment details are entered on Stripe's systems. The Publisher keeps the Stripe customer identifier and the telephone number entered at payment; it keeps no bank details.

12.3 Payment methods. Those offered on the payment page, including bank card.

12.4 Due dates. Charges are made on the anniversary date of the subscription — or of the end of the trial if you subscribed during the trial: every month (Liberté, Détermination) or every year (Tranquillité). You authorise the charging of successive instalments until cancellation.

Article 12a — Subscribing in the App (App Store, Google Play)

12a.1 The Store sells. Offers can also be taken out in the App, through the Store's in-app purchase. The subscription is then bought from and paid to Apple or Google, under their own terms, which govern payment, invoicing, renewal, cancellation and refunds. These Terms continue to govern the Service; on those points, the Store's terms are the ones that apply. Articles 11.2, 12, 14.2, 14.3, 16.1, 16.4, 16.5 and 17 do not apply to a subscription taken out in the App.

12a.2 Price. The price is the one shown by the Store at the time of purchase, in the currency of your Store account and including taxes where applicable. It may differ from the price in Article 10.2, as the Store applies its own price points.

12a.3 Détermination. The Détermination Offer is available in the App only where the Store supports it. It is paid there in twelve (12) monthly instalments: cancelling stops renewal, but the instalments still due until the end of the twelve months are charged by the Store. At the end of the twelve months, the commitment renews under the Store's terms (on the App Store and Google Play alike, for twelve more months). Articles 15.2 and 15.4 do not apply; Articles 15.1, 15.3 and 15.5 do, the request under Article 15.3 being made to the Store.

12a.4 Cancellation. It is done in the phone's settings, under the subscriptions of the Store account — not on the Website. Deleting the Account (Article 25) does not cancel a subscription taken out in the App. The annual notice of Article 13.2 is sent to you as for a subscription taken out on the Website; it states where to cancel.

12a.5 Withdrawal and refunds. They are exercised with the Store, under its procedures, the Store being the seller. The Publisher cannot itself refund a purchase made in the App Store.

12a.6 One subscription. An Account needs only one subscription. The Website and the App do not offer a plan to an Account that is already subscribed; if you nonetheless take out a second one, cancel one of them under Article 16 or Article 12a.4.

12a.7 Taking effect. Access opens as soon as the Store confirms the purchase, and the Account finds it on every device where it is signed in.

Article 13 — Renewal and Annual Notice

13.1 All three Offers are automatically renewed at the end of each period, for a period of the same length, until you cancel (Article 16). The Liberté Offer is a contract of indefinite duration, which can be cancelled at any time.

13.2 For the Tranquillité and Détermination Offers, we inform you by a dedicated email, no earlier than three months and no later than one month before the deadline, of your right not to renew the contract. This email states, in a clearly visible box, the deadline for cancellation. If you do not receive this information within that period, you may terminate the contract free of charge at any time from the date of renewal; any sums paid after that date are refunded to you within thirty days of termination, less the sums corresponding, up to that date, to performance of the contract (Article L. 215-1 of the French Consumer Code, Code de la consommation). This email is sent to the Account's email address.

Article 14 — Right of Withdrawal

14.1 You have fourteen (14) days from subscribing to an Offer (confirmation on the payment page) to withdraw, without giving any reason. The Free Trial, which involves no payment, does not use up this period.

14.2 How. During this period, cancelling from your account area ("Cancel my subscription" link) counts as withdrawal, whatever the Offer — Détermination included, with no balance due. You may also notify us of your withdrawal by an unequivocal statement to bonjour@akapulco.app, or by using the form in the Annex, to OASIS WATERFALL PROVIDENCE, 4 avenue du Teiras, 06300 Nice, France.

14.3 Refund. If you withdraw, the subscription is cancelled and all sums paid are refunded to you, no later than fourteen (14) days after your withdrawal, via the payment method used, free of charge.

Article 15 — Twelve-Month Commitment — "Détermination" Offer

15.1 The Détermination Offer is taken out for a fixed term of twelve (12) months, which begins at the end of your free period — the trial (Article 9), and where applicable the weeks granted by a referral code (Article 18.3) — or on the day of subscription if no free period remains. The price is €9.90 per month, charged monthly.

15.2 Once the withdrawal period (Article 14) has expired, you may cancel at any time from your account area; before the end of the twelve months, the monthly instalments remaining due until that date become immediately due and payable. Their exact amount is displayed before any confirmation, and it is charged upon confirmation. You keep access to the Service until the end of the commitment.

15.3 No sum is due in respect of the balance in the event of death, lasting inability to use the Service, or lasting unavailability of the Service attributable to the Publisher. The request is made by email to bonjour@akapulco.app, with supporting evidence.

15.4 At the end of the twelve months, the subscription continues on a month-to-month basis, at a price of €9.90 per month, with no commitment, and can be cancelled at any time.

15.5 The price of the Offer cannot be increased during the commitment period.

Article 16 — Cancelling the Subscription

16.1 Online. You may cancel at any time from your account area on akapulco.app, via the "Cancel my subscription" link, then "Confirm cancellation". An email acknowledges receipt of the cancellation and states the end date of the contract.

• During the Free Trial: no amount is charged.
• During the withdrawal period: Article 14 — cancellation and refund.
• Liberté and Tranquillité: the subscription is not renewed; you keep access until the end of the period already paid for, with no pro rata refund. Example: a Tranquillité subscriber who cancels two months after their annual payment keeps access for ten months.
• Détermination: Article 15.

16.2 Cancellation requires no notice period and incurs no fees, subject to Article 15.

16.3 At the end of the subscription, learning sessions are locked; the Account, progress and downloaded Content are kept, and access is restored upon a new subscription.

16.4 The payment portal accessible from the account area ("Manage my subscription") is used to view your invoices and to update your payment method.

16.5 Money-back guarantee upon obtaining the Diploma. Beyond its legal obligations, the Publisher grants the following guarantee. A User who obtains the Diploma in a language (Article 2) and is not satisfied with the Service may request a full refund of all sums paid for their subscription since their first subscription. Conditions:

• the guarantee applies only to Détermination and Tranquillité subscriptions taken out on the Website; it applies neither to the Liberté Offer nor to a subscription taken out in the App (Article 12a);
• the request is sent by email to bonjour@akapulco.app, from the Account's email address, within fourteen (14) days of obtaining the Diploma (date established from the Account's review history);
• no reason needs to be given;
• the refund is made no later than fourteen (14) days after the request, via the payment method used; the subscription ends on that date;
• the guarantee may be exercised only once per User. Where the subscription was paid for by a third party (Article 8.3), the refund is paid to that third party.

This guarantee is in addition to the right of withdrawal and does not replace it. A subscription taken out under an earlier version of these Terms keeps the guarantee on the terms then accepted.

Article 17 — Non-Payment

If a charge fails, our service provider makes further attempts and you are invited by email to update your payment method. Access is maintained until the end of the current period; if the payment is not made good, access is suspended, and the subscription may then be terminated. Suspension does not result in the deletion of the Account or of progress. No penalties or collection fees are applied.

Article 18 — Price Changes — Referrals

18.1 The Publisher may change its prices. A change has no effect on periods already paid for nor, for the Détermination Offer, on the commitment period.

18.2 Any increase in the price of an ongoing subscription is notified to you by email at least one (1) month before it takes effect. You may cancel free of charge before that date; otherwise, the new price applies from the first following due date.

18.3 Referrals. A referral code, provided by one of our partners, is entered when the Account is created, in the App or on the website. It extends the Free Trial to twenty-one (21) days in total (Article 9.1): the trial still starts with your first session, and the first charge, if you subscribe, is made when it ends; for the Détermination Offer, the twelve-month commitment begins on that date. It does not grant any discount on the price, and does not open a trial for an address that has already had one (Article 9.4). One code per account: codes cannot be combined, and a code can no longer be entered once the Account has been created. A code entered when subscribing before 18 October 2026 keeps the two (2) free weeks it granted. The Publisher may also offer weeks of access; these are added to the current access.

18.4 Inviting friends. From the App, you may invite someone through your personal link or by email (a single message, sent at your request). When a person creates their Account through your link and completes their first session, one (1) week of free access is granted: to you; or, if you hold a current subscription at that time, to the invited person. No more than two (2) weeks per inviting Account, over the whole life of that Account. An invited person counts only once, and only if they are entitled to the Free Trial (Article 9.4). The week is added to the current access (trial, subscription or weeks already granted); it gives no right to any refund or discount, and changes neither the date nor the amount of any charge. A week obtained through Accounts opened solely for that purpose may be withdrawn. A friend's link and a referral code (Article 18.3) cannot be combined: when the Account is created, it is one or the other; if both are entered, only the referral code is taken into account.

Article 19 — User Obligations

The Service is reserved for personal, private and non-commercial use; any collective or professional use, or use for training third parties, requires prior written consent. In particular, you shall not: extract, copy, republish, resell or transfer all or a substantial part of the Content or of the database, including by repeated and systematic extraction; use automated means to access the Service or to extract Content from it; decompile the App except where permitted by law; circumvent access control or subscription measures; share or resell access to your Account; create several Accounts in order to chain trials; disrupt the Service or its security. Never disclose the login codes you receive by email: no one at Akapulco will ever ask you for them.

Article 20 — Intellectual Property

20.1 The App, the Website, the "Akapulco" trademark and logo, the interface, the database of meanings (the pivot), and the texts, translations and audio recordings produced by the Publisher are protected by intellectual property law and belong to the Publisher, subject to third-party content. The Publisher is the producer of the database (Articles L. 341-1 et seq. of the French Intellectual Property Code, Code de la propriété intellectuelle).

20.2 Third-party content. Some of the example sentences and their translations come from the Tatoeba project (tatoeba.org), under the Creative Commons Attribution 2.0 France (CC BY 2.0 FR) licence; their authors retain the rights to them.

20.3 Licence. The Publisher grants you, for the duration of your subscription or trial, a personal, non-exclusive, non-transferable licence to use the App and to consult the Content for your personal learning, on the devices you use. Downloading the Content does not transfer ownership of it to you.

Article 21 — Availability and Changes to the Service

21.1 The Publisher endeavours to ensure the availability of the Service, without guaranteeing continuous availability. Offline operation limits the impact of server unavailability; login, downloads and subscription management depend on the servers. Interruptions for maintenance may occur.

21.2 The Service evolves: the Publisher may add, correct or remove Content and features for valid reasons — security, technical developments, legal compliance, expansion of the catalogue — at no additional cost to you. If a change has a negative impact on your access or use that is more than minor, you will be informed in advance and may terminate the contract free of charge within thirty days, with a refund of the period paid for but not performed, in accordance with the Consumer Code.

21.3 The Publisher provides the updates necessary to keep the Service in conformity. Failure to install an update may affect its operation.

Article 22 — Legal Guarantees

Text of the annex to Article D. 211-4 of the Consumer Code (continuous supply of digital content and digital services):

The consumer is entitled to invoke the legal guarantee of conformity (garantie légale de conformité) where a lack of conformity appears within a period equal to the supply period of your subscription (one month for the Liberté Offer, twelve months for the Détermination and Tranquillité Offers, and each renewed period) from the supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entails an obligation to provide all updates necessary to keep the digital content or digital service in conformity throughout the supply period of your subscription (one month for the Liberté Offer, twelve months for the Détermination and Tranquillité Offers, and each renewed period).

The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without significant inconvenience to them.

The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if:

1° The trader refuses to bring the digital content or digital service into conformity;

2° Bringing the digital content or digital service into conformity is unjustifiably delayed;

3° The digital content or digital service cannot be brought into conformity without costs being imposed on the consumer;

4° Bringing the digital content or digital service into conformity causes significant inconvenience to the consumer;

5° The digital content or digital service remains non-conforming despite the trader's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to first request that the digital content or digital service be brought into conformity.

Where the lack of conformity is minor, the consumer is entitled to annulment of the contract only if the contract does not provide for payment of a price.

Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the guarantee period still to run until the digital content or digital service is supplied in conformity again.

These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

A trader who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects (garantie légale des vices cachés) under Articles 1641 to 1649 of the French Civil Code (Code civil), for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.

Any claim under the legal guarantees should be sent to bonjour@akapulco.app.

Article 23 — Liability

23.1 The Publisher is liable for the proper performance of the contract under the conditions provided by law, in particular Article L. 221-15 of the Consumer Code; this article does not limit the Consumer's rights under public policy provisions. The Publisher may be exempted from liability by proving that the non-performance is attributable to the User, to the unforeseeable and insurmountable act of a third party, or to force majeure.

23.2 Akapulco is a learning tool: no learning outcome is guaranteed; progress depends on each person's diligence. The Diploma has no official value (Article 2). The Content, although prepared with care, may contain errors; please report them to bonjour@akapulco.app.

23.3 The Publisher is not liable for malfunctions of your device or your connection, for the unavailability of third-party services (app stores, payment service provider, email service), or for failure to receive a code due to the filtering of your email service.

23.4 Progress is recorded on your device and synchronised with our servers at the end of each session; it is restored when you log in on a new device. You can start again from scratch in a language from within the App.

Article 24 — Personal Data and Cookies

24.1 The processing of personal data is described in the privacy policy: https://api.akapulco.app/privacy.

24.2 In summary. Data processed: the email address; the review log and the state of the learning cards; a technical installation identifier; the Stripe customer identifier; the telephone number entered at payment; any referral code used; technical error reports; after an Account is deleted, and for twelve (12) months, a pseudonymised fingerprint of its email address (Article 25.1). No advertising, no profiling, no resale of data, no bank details stored. Your rights (access, rectification, erasure, restriction, objection, portability) can be exercised by writing to bonjour@akapulco.app; you may lodge a complaint with the CNIL (the French data protection authority).

24.3 Cookies. The Website sets a single, strictly necessary cookie: ak_session (account area session, httpOnly, SameSite=Lax, Secure, 6 months), exempt from consent. No advertising or audience measurement cookies. The App does not use any cookies.

Article 25 — Deleting the Account

25.1 You can delete your Account from the App, after a confirmation step. Deletion immediately and permanently erases your Account, your email address, your online backup and your history; they cannot be restored. Progress recorded on the device remains there until the App is uninstalled. One exception: so that the same free trial cannot be obtained more than once (Article 9.4), a pseudonymised fingerprint of your email address — a code computed with a secret key, which does not allow the address to be recovered but allows it to be recognised if it is used again — is kept for twelve (12) months, with no other data and no link to any Account, then deleted automatically. It cannot be used to restore the Account. You may object to its retention by writing to bonjour@akapulco.app: it is then deleted.

25.2 What about the subscription?

• Within fourteen (14) days of subscribing: deletion counts as withdrawal — the subscription is cancelled and what you have paid is refunded (Article 14).
• With no commitment in progress (Liberté, Tranquillité, Détermination after its twelve months): the subscription is cancelled upon deletion, with no refund of the current period.
• Détermination commitment in progress, after the withdrawal period: deletion is not possible while the commitment is running; first cancel from your account area (Article 15), then delete your Account.

25.3 The only data kept after deletion is the data that the law requires to be retained: accounting and billing records, held by our payment service provider, for the statutory retention period.

Article 26 — Suspension and Termination by the Publisher

The Publisher may suspend or terminate access to the Service, after formal notice that has remained unheeded within a reasonable time (except in cases of urgency or fraud), in the event of non-payment (Article 17), breach of the obligations set out in Article 19, fraudulent or unlawful use, or manifestly false information. In the event of termination for fraud, the sums corresponding to the period already performed are retained by the Publisher. If the Publisher ceases to operate the Service, it will inform Users at least one (1) month in advance and refund, pro rata, the periods paid for but not performed.

Article 27 — Changes to the Terms

The Publisher may amend the Terms to take account of legal or technical developments or of changes to its offering. Any substantial change will be notified to you by email at least one (1) month before it comes into force; you may cancel free of charge before that date. The applicable Terms are those in force on the date of the order. The French version in force is published at https://akapulco.app/cgv and the English version at https://akapulco.app/en/terms, each together with its date. Previous versions are provided on request. The version that applies to a User is the version that User accepted.

Article 28 — Governing Law, Complaints, Mediation and Disputes

28.1 The Terms are governed by French law, without depriving a Consumer residing in another country of the protection afforded by the mandatory provisions of the law of that country.

28.2 Any complaint should first be sent to bonjour@akapulco.app. The Publisher will reply as quickly as possible and will seek an amicable, swift and fair solution. Any erroneous charge or overpayment attributable to the Publisher will be refunded upon simple request.

28.3 Failing an amicable resolution, the dispute shall be brought before the competent courts; the Consumer may, at their choice, bring proceedings before the court of the place where they resided at the time the contract was concluded or where the harmful event occurred. No jurisdiction clause may be enforced against the Consumer.

28.4 Consumer mediation. In accordance with Articles L. 612-1 and L. 616-1 of the French Consumer Code, after a written complaint to bonjour@akapulco.app and if no amicable solution is reached, you may refer the dispute free of charge to the following consumer mediator:

• CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice
• 49 rue de Ponthieu, 75008 Paris, France
• Telephone: +33 1 89 47 00 14
• Website: https://www.cm2c.net

Claims should preferably be filed online on the mediator's website. For a cross-border dispute within the EU/EEA, you may also contact the European Consumer Centre in your country of residence.

Article 29 — Miscellaneous

29.1 If any provision is declared null and void or unenforceable, the remaining provisions continue in effect. 29.2 Failure to invoke a breach does not constitute a waiver. 29.3 The computerised records of the Publisher and of its service providers constitute proof of communications, subscriptions, payments and cancellations, unless proven otherwise. 29.4 The Publisher may assign the contract in connection with a transfer of its business, without your rights being diminished; you will be informed of this. 29.5 Neither party is liable for a failure due to force majeure (Article 1218 of the Civil Code). 29.6 The Terms exist in two originals, French and English. The version accepted at the time of subscription is the only version enforceable against the User concerned, without depriving the Consumer of more protective mandatory provisions of their national law.

Annex — Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To OASIS WATERFALL PROVIDENCE (OWP), 4 avenue du Teiras, 06300 Nice, France — bonjour@akapulco.app:

I hereby give notice that I withdraw from my contract for the provision of the following service:

• Offer subscribed to: …
• Ordered on: …
• Name of consumer: …
• Address of consumer: …
• Account email address: …
• Date: …
• Signature (only if this form is notified on paper): …