Terms of Sale • Atypikoo

Last updated: 19 July 2026

1. Seller's identity

These Terms of Sale are entered into with:

ATYPIKOO SAS, a French simplified joint-stock company with share capital of €100,000,
registered with the Limoges Trade and Companies Register under number 905 199 824 (SIRET 905 199 824 00012),
whose registered office is at Ester Technopole, 1 avenue d'Ester, 87280 Limoges, France,
intra-Community VAT number: FR94905199824,
single point of contact within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065 (the "DSA"): help02@atypikoo.com,

hereinafter referred to as "Atypikoo".

Hosting provider: PlanetHoster, 150 Pierre Mercure, Montreal, Quebec H1A 5A9, Canada — www.planethoster.com/fr/La-Societe.

2. Definitions

"Atypikoo": the dating, forum, test and event Platform accessible from the Website https://www.atypikoo.com and the mobile Application available on Google Play and the App Store.

"User": any natural person who browses the Website or Application, with or without an account.

"Member": any natural person with an Atypikoo account.

"Subscriber" or "Premium Member": a Member who has purchased a paid Subscription.

"Consumer": any natural person who purchases a Test, Subscription or Online Product for purposes outside their trade, business, craft, liberal profession or agricultural activity (preliminary article of the French Consumer Code).

"Subscription": a paid service providing access to premium features of the Website and/or Application for a fixed period, with or without automatic renewal depending on the selected plan.

"Test": a paid digital service in the form of an online self-assessment questionnaire providing access to a result (profiles and summary).

"Online Product": an item (physical or digital) sold through the Atypikoo shop hosted on a third-party platform (including Shopify).

3. Purpose and scope

These Terms of Sale are intended to define the conditions governing the sale of:

Subscriptions offered on the Website and/or Application,
paid Tests,
Online Products offered through the Atypikoo shop.

The Terms of Sale are made clearly available before every order. Validating an order constitutes unreserved acceptance of these Terms of Sale.

The Terms of Sale supplement the Terms of Use, the Privacy Policy, the Cookie Policy and, where applicable, the Professional Terms of Sale applying to professional events. In the event of a discrepancy relating to paid services (Subscriptions, Tests, Products, payment, withdrawal, warranties or cancellation), these Terms of Sale prevail. For all other matters (conduct on the Platform, moderation and content), the Terms of Use and Charters prevail. If there is doubt as to which article applies, the interpretation most favourable to the Consumer prevails (Article L.211-1 of the French Consumer Code).

4. Description of services and products

4.1 Subscriptions

Atypikoo offers several Subscription plans providing access to premium features, for example:

extended options for making contact and viewing profiles,
access to certain advanced features (visitors, favourites, filters, etc.),
additional options for forums, events, tests, etc., depending on the selected plan.

The Subscription plans offered on an ongoing basis have a term of 3 months, 6 months or 12 months. One-month or "lifetime" plans may occasionally be offered as part of special operations (promotional codes, time-limited offers or partnerships). The renewal arrangements (automatic or otherwise) for each plan are specified on the subscription page at the time of ordering; unless otherwise indicated, fixed-term plans (1 month, 3 months, 6 months and 12 months) renew automatically and are governed by Articles L.215-1 et seq. of the French Consumer Code (see Article 10.1).

The current list of included features and prices is available at https://www.atypikoo.com/pricing/.

4.1.1 Special case of the Lifetime Subscription

Definition. A "Lifetime" Subscription is purchased by means of a single fixed payment and provides access to premium features for the period during which the Atypikoo service is operated by ATYPIKOO SAS or any successor operator (see below), and not for the Member's biological lifetime. It is strictly attached to the Member's account, non-transferable and not portable outside the Platform.

Applicable offer and version. For any earlier Subscription, Atypikoo will honour the commercial promise and the version of the Terms of Sale accepted on the order date. A later version may not retroactively reduce the term, essential features or rights attached to an earlier Lifetime offer. Proof of the accepted version and of the offer presented to the Member is retained with the order.

Changes to the service. Atypikoo may change, replace or remove a non-essential feature for a valid reason, including technical, security, regulatory or service-development reasons, without depriving the Subscription of its essential premium substance. Any change going beyond that framework is subject to Article L.224-25-26 of the French Consumer Code: prior information on a durable medium and, where the negative impact is more than minor, the right to refuse the change and terminate the contract without charge under the statutory conditions.

Permanent discontinuation of the service. The Lifetime Subscription is supplied throughout the period during which the Atypikoo service is operated by ATYPIKOO SAS or any successor operator. If the service is permanently discontinued, including as a result of liquidation, dissolution or a lasting economic, technical or regulatory impossibility of continuing the service, the contract ends on the effective discontinuation date. No additional commercial compensation is due beyond the Consumer's mandatory rights, including those relating to the statutory warranty of conformity, price reduction and termination of the contract. Atypikoo will inform the Members concerned within a reasonable period where materially possible.

Sale or transfer of the service. If the service is sold or an equivalent transaction occurs (contribution, merger or transfer of business), the Lifetime Member's rights are in principle transferred to the successor operator and continue to apply under the same conditions. A Member who does not accept this transfer may request deletion of their account; such deletion permanently terminates the Lifetime Subscription without a refund.

Extended suspension not attributable to the Member. In the event of an extended interruption not attributable to the Member, the Member benefits from the rights provided by the statutory warranty of conformity. Any price reduction or refund that may be due is determined objectively according to the duration and significance of the lack of conformity, in accordance with the applicable mandatory provisions, and not at Atypikoo's discretion.

Banning or deletion of the account. As the Lifetime Subscription is attached to the account:

voluntary deletion of the account by the Member, or its automatic deletion due to extended inactivity (Article 12.2 of the Terms of Use), permanently terminates the Lifetime Subscription without a refund;
a ban for serious or repeated breach, imposed under Article 12.1 of the Terms of Use and the Moderation Charter, terminates the Lifetime Subscription without a refund;
however, where the cancellation or ban is subsequently found to be unjustified or reversed after review, the Member's rights are restored or, if restoration is technically impossible, the Member is compensated on a pro rata basis for the period of access of which they were unduly deprived.

4.2 Paid Tests

Atypikoo offers self-assessment and personal-exploration questionnaires, referred to as "Tests" for reasons of common usage. These Tests:

are intended as an informative and enjoyable means of self-discovery;
do not constitute a psychological or psychometric test in the clinical sense, a medical diagnosis or professional health advice;
cannot replace consultation with a qualified healthcare professional or form the basis of a personal, medical, professional or legal decision.

Before accessing any Test, the Consumer expressly confirms, by means of an unticked box separate from acceptance of the Terms of Sale:

(a) that they have read and understood that the Test is an informational tool with no diagnostic, medical or psychological value;
(b) that they are aware that the results may raise personal questions and that it is their responsibility to consult a healthcare professional if necessary.

Each Test comprises an online questionnaire, automated processing of the answers and a result (profile, score and summary) accessible on the Website. The Tests constitute digital content or services within the meaning of Article L.224-25-1 of the French Consumer Code. The list of available Tests and their prices appear at https://www.atypikoo.com/tests/.

4.3 Online Products (shop)

Atypikoo offers Products through an online shop hosted in particular by Shopify, available at https://atypikoo.myshopify.com/. The Products' essential characteristics (description, price and delivery arrangements) are specified in the shop.

5. Free features

Certain Atypikoo features are available to Members free of charge, for example:

creating an account and profile,
receiving messages from Premium Members,
contacting certain profiles within the applicable limits,
searching for and viewing profiles within the limits of the free plan,
organising and/or taking part in free events in accordance with the applicable rules,
reading and contributing to the forums within the limits of the free features,
reading and commenting on certain articles,
blocking Members and using basic tools to manage interactions.

The current description of free and paid plans appears at https://www.atypikoo.com/pricing/.

6. Ordering

6.1 Subscription purchased through the Website

On the Website's "Subscribe" page, the User selects the Subscription plan. In accordance with Article 1127-2 of the French Civil Code, the User may check the details of the order and correct any errors before confirming it. By clicking the subscription button (first click), the User accesses the summary. By validating this summary (second click, constituting final acceptance of the offer), the User is redirected to Stripe's secure payment page. The sale becomes final after Stripe validates the payment. A confirmation email is sent to the address provided, in accordance with Article L.221-13 of the French Consumer Code.

6.2 Subscription purchased through the Application

In the Application, the User accesses their Subscription from the menu. They select the plan and validate the order. Payment is processed by the relevant store (Google Play or App Store) under its own terms. Subscription receipts and events (purchase, renewal, cancellation and refund) are technically routed through the Adapty service provider. The sale becomes final after the store validates the payment.

6.3 Paid Test

On the "Tests" page, the User selects the Test. By clicking "Order the test", they are redirected to the secure Stripe platform. The sale becomes final after the payment is validated. The Test and results are accessed through the Atypikoo account.

6.4 Online Product

For Products in the online shop (including through Shopify), the Consumer follows the shop's own ordering process: selection of the Product, validation of the basket, entry of delivery details and payment. Specific terms (delivery, returns and withdrawal) appear in the shop and supplement these Terms of Sale.

7. Prices

Prices are stated in euros, inclusive of all taxes. They include the VAT applicable on the date of the order. Any change in the VAT rate is automatically passed on.

Atypikoo may change its prices and applies the prices in force at the time of the order. Members with a current Subscription retain the subscribed price until the end of the current period. Any price change applying on renewal is notified to them by a dedicated email at least one (1) month before the renewal date, under the conditions of Article L.215-1 of the French Consumer Code. The Subscriber may reject the change by cancelling without charge before the renewal date in accordance with Article 10. Failing this, the new price applies from renewal.

8. Payment methods

Subscriptions and Tests may be paid for:

through the secure Stripe platform (Website version),
through the Google Play and Apple App Store stores (Application version), with technical receipt management by Adapty.

Online Products are paid for through the payment platform offered in the shop (including Stripe through Shopify).

For security reasons, Atypikoo does not store any bank details. Payment data is managed by the service providers (Stripe, Adapty, stores and Shopify) under their own privacy policies, as processors or joint controllers depending on the circumstances (see the Privacy Policy).

9. Right of withdrawal

9.1 Principle — Subscriptions and Tests purchased through the Website

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Consumer has fourteen (14) days from entering into the contract to exercise their right of withdrawal without having to give reasons.

9.2 Tests: loss of the right after full performance

In accordance with Article L.221-28(13) of the French Consumer Code, the right of withdrawal may no longer be exercised for a digital service fully performed before the end of the withdrawal period where the Consumer has both given prior express consent to immediate performance and expressly acknowledged that they will lose the right of withdrawal once the service has been fully performed.

When ordering a Test, the Consumer ticks an unticked box separate from acceptance of the Terms of Sale, worded as follows: "I expressly request immediate performance of the digital service before the end of the 14-day period and acknowledge that I will lose my right of withdrawal once the Test has been fully performed." The Consumer loses the right of withdrawal once they have completed the Test. This express consent and acknowledgement of the loss of the right of withdrawal are repeated in the order confirmation sent to the Consumer on a durable medium (Article L.221-13 of the French Consumer Code).

9.3 Subscriptions: pro rata refund in the event of withdrawal

For Subscriptions (continuously performed services), the Consumer may request that performance begin before the end of the withdrawal period. For this purpose, when subscribing they tick an unticked box separate from acceptance of the Terms of Sale, worded as follows: "I expressly request that performance of my Subscription begin before the end of the 14-day withdrawal period."

In accordance with Article L.221-25 of the French Consumer Code and case law (CJEU, 8 October 2020, C-641/19, PE Digital), a Consumer who has made this express request retains the right of withdrawal for 14 days but, if it is exercised, will owe the amount corresponding to the days of Subscription actually used (pro rata). In the absence of such an express request, no amount may be withheld for the period before withdrawal.

The refund (less any pro rata amount used) is made within a maximum of fourteen (14) days using the same payment method.

9.4 Procedure for exercising the right of withdrawal

Where the conditions are met, the Consumer may exercise the right of withdrawal by any means that provides evidence of an unequivocal decision, including:

completing and sending the model withdrawal form reproduced below;
or sending a written declaration to https://www.atypikoo.com/ticket/create or help02@atypikoo.com.

Model withdrawal form (Article R.221-1 of the French Consumer Code)

For the attention of ATYPIKOO SAS, Ester Technopole, 1 avenue d'Ester, 87280 Limoges, France, help02@atypikoo.com:

"I/We (*) hereby give notice that I/We (*) withdraw from the contract for the provision of the following service:

Ordered on (*)/received on (*):
Name of Consumer(s):
Address of Consumer(s):
Email address used for the Subscription:
Signature of Consumer(s) (only if this form is submitted on paper):
Date:

(*) Delete as appropriate.

Where applicable, the refund will be made within a maximum of fourteen (14) days from receipt of a compliant request, using the same payment method as for the initial transaction, unless the Consumer expressly agrees to another method.

9.5 Subscriptions purchased through stores (Application)

Where the Subscription is purchased through the Application, payment, withdrawal and refund terms are governed by the stores' terms:

Google Play: https://support.google.com/googleplay/answer/7018481?hl=fr
Apple App Store: https://support.apple.com/fr-fr/HT202039

The Consumer must contact the relevant store directly. Atypikoo does not have the technical ability to process or decide refunds for Subscriptions purchased through these stores; however, it may assist the Member through support.

9.6 Online Products

For Online Products (including physical products) purchased through the Shopify shop, the rules governing withdrawal, returns and refunds are specified in the shop according to the nature of the Products.

10. Automatic renewal and cancellation

10.1 Advance renewal information (Chatel Law)

In accordance with Articles L.215-1 et seq. of the French Consumer Code (the "Chatel Law"), where a Subscription renews automatically, the Consumer is informed in writing, by a dedicated email, no earlier than three (3) months and no later than one (1) month before the end of the period during which renewal may be rejected, of the option not to renew the Subscription.

If Atypikoo fails to provide this information, the Consumer may terminate the Subscription free of charge at any time from the renewal date. Advance payments made after the most recent renewal date are refunded within thirty (30) days, less the amounts corresponding to performance of the contract up to termination.

10.2 Cancellation by the Member (three clicks — simplified cancellation)

In accordance with Article L.215-1-1 of the French Consumer Code, the Member may cancel an automatically renewing Subscription at any time and without charge directly from their personal area using an easily accessible feature ("three clicks").

Procedure (Subscription purchased through the Website):

go to https://www.atypikoo.com/subscription/;
click "Manage your subscription";
on the Stripe page, click "Cancel plan" and confirm.

The Member continues to receive the paid services until the current expiry date, unless they request otherwise and cancel early.

10.3 Cancellation of a Subscription through a store (Application)

Cancellation of the renewal of a Subscription purchased through the Application must be carried out directly in the store where the purchase was made (see Article 9.5). Cancellation in the store is automatically reflected in the Atypikoo account through Adapty.

10.4 Early cancellation by the Member

If a Member deletes their Atypikoo account before the current Subscription expires, they may not request a refund for the remaining period, except under the right-of-withdrawal provisions (Article 9) or in the event of an established failure by Atypikoo to perform.

10.5 Suspension or cancellation by Atypikoo

Atypikoo may suspend or cancel a Member's Subscription only in the cases listed below:

banning of the account under Article 12 of the Terms of Use and the Moderation Charter;
established payment fraud;
persistent unpaid amounts not settled after formal notice;
an established criminal offence committed through the Platform;
publication of illegal content within the meaning of Article 4.9 of the Moderation Charter.

Every cancellation decision is notified to the Member with reasons in accordance with Article 17 DSA, specifying the facts, the rules relied upon and the human nature of the decision. The Member may send to help02@atypikoo.com any information they consider relevant to their case. Atypikoo reviews the information provided and may confirm, amend or reverse its decision, without committing to a timeframe. The Member retains access to consumer mediation and court remedies (see Articles 13 and 18). Except in the event of an established serious breach constituting a criminal offence or established fraud, cancellation by Atypikoo gives rise to a pro rata refund for the unperformed portion of the Subscription.

11. Statutory warranties

11.1 Products (physical and digital goods from the online shop)

Independently of any commercial warranty, Atypikoo remains bound, for Products sold through the online shop, by:

the statutory warranty of conformity referred to in Articles L.217-3 to L.217-17 of the French Consumer Code (Product fit for its expected use and matching its description) — for two (2) years from delivery, with the defect presumed to have existed at delivery for 24 months for new goods (12 months for second-hand goods);
the warranty against latent defects under Articles 1641 et seq. of the French Civil Code — for two years from discovery of the defect.

The statutory warranty of conformity applies independently of any commercial warranty.

11.2 Tests and Subscriptions (digital content and services)

In accordance with Articles L.224-25-1 et seq. of the French Consumer Code, Atypikoo is also bound by a statutory warranty of conformity for digital content and services (Tests and Subscriptions). The presumption of non-conformity applies for twelve (12) months for one-off supplies (Tests) and throughout the contract for continuous supplies (Subscriptions).

11.3 Mandatory box — Products constituting goods (Annex to Article D.211-2 of the French Consumer Code)

The consumer has two years from delivery of the goods to invoke the statutory warranty of conformity if a lack of conformity appears. During this period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to that digital content or digital service throughout the scheduled supply period. During that period, the consumer only has to establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.

The statutory warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory warranty of conformity entitles the consumer to the repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience.

If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests repair of the goods but the seller requires replacement, the statutory warranty of conformity is renewed for two years from the date on which the goods are replaced.

The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and receive a full refund in exchange for returning the goods, if:

1° The professional refuses to repair or replace the goods;

2° The goods are repaired or replaced more than thirty days later;

3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;

4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to terminate the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the restored goods are delivered.

The rights set out above result from the application of Articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs the implementation of the statutory warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty against latent defects pursuant to Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or a full refund in exchange for returning the goods.

11.4 Mandatory box — Tests supplied on a one-off basis (Annex to Article D.211-3 of the French Consumer Code)

The consumer has two years from the supply of the digital content or digital service to invoke the statutory warranty of conformity if a lack of conformity appears. For one year from the date of supply, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

The statutory warranty of conformity requires all updates necessary to maintain the conformity of the digital content or digital service to be supplied.

The statutory warranty of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following the request, free of charge and without major inconvenience.

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

1° The professional 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 major inconvenience to the consumer;

5° The lack of conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring it into conformity.

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

Where the lack of conformity is minor, the consumer is entitled to cancel 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 into conformity suspends the remaining warranty period until the digital content or digital service is supplied in conformity again.

The rights set out above result from the application of Articles L.224-25-1 to L.224-25-31 of the French Consumer Code.

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

In addition, the consumer benefits from the statutory warranty against latent defects pursuant to Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or digital service is kept, or a full refund in exchange for relinquishing the digital content or digital service.

11.5 Mandatory box — Subscriptions supplied continuously (Annex to Article D.211-4 of the French Consumer Code)

The consumer is entitled to invoke the statutory warranty of conformity if a lack of conformity appears during a period of 1, 3, 6 or 12 months depending on the selected plan and any renewals, or throughout the period during which the Atypikoo service is operated as defined in Article 4.1.1 for the “lifetime” Subscription, from the supply of the digital content or digital service. During this period, the consumer only has to establish the existence of the lack of conformity, not the date on which it appeared.

The statutory warranty of conformity requires all updates necessary to maintain the conformity of the digital content or digital service to be supplied for 1, 3, 6 or 12 months depending on the selected plan and any renewals, or throughout the period during which the Atypikoo service is operated as defined in Article 4.1.1 for the “lifetime” Subscription.

1° The professional 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 major inconvenience to the consumer;

5° The lack of conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to bring it into conformity.

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

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

The consumer also benefits from the statutory warranty against latent defects pursuant to Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or digital service is kept, or a full refund in exchange for relinquishing the digital content or digital service.

To exercise these warranties, the Consumer should contact support at help02@atypikoo.com.

12. After-sales service and complaints

For any complaint, the Consumer may contact Atypikoo support:

by email: help02@atypikoo.com;
using the form: https://www.atypikoo.com/ticket/create.

Atypikoo endeavours to acknowledge every complaint within a reasonable period (in principle within 72 working hours) and provide a reasoned response within a reasonable period (in principle within 21 days); these timeframes are internal targets and not contractual performance commitments.

13. Mediation and out-of-court dispute resolution

In accordance with Article L.612-1 of the French Consumer Code, every Consumer is entitled to use a consumer mediator free of charge with a view to the amicable resolution of a dispute with Atypikoo. The mediator may be contacted only after a written complaint has first been sent to Atypikoo (by email or using the form) and has not received a satisfactory response. The mediation request must be submitted within one year of that written complaint (Article L.612-2 of the French Consumer Code).

The consumer mediator appointed by Atypikoo is:

CM2C
49 rue de Ponthieu, 75008 Paris, France
Online referral: https://www.cm2c.net
Telephone: +33 (0)1 89 47 00 14

14. Liability

Atypikoo is liable to the Consumer for direct loss resulting from a failure to perform its obligations under the conditions of ordinary law. These Terms of Sale derogate neither from public-policy provisions protecting the Consumer (including Articles L.217-1 et seq. of the French Consumer Code and Articles 1217 et seq. of the French Civil Code) nor from the provisions relating to unfair terms (Articles L.212-1 et seq. and R.212-1 and R.212-2 of the French Consumer Code).

No provision of these Terms of Sale may be interpreted as limiting or removing the Consumer's right to compensation if Atypikoo fails to perform any of its obligations.

15. Service availability

Atypikoo uses reasonable means to provide continuous access to the Website, Application and associated services. Interruptions may occur for technical, maintenance or development reasons. Where possible, Atypikoo gives advance notice of scheduled interruptions.

Atypikoo is subject to an obligation to use reasonable means and does not guarantee uninterrupted service availability. In the event of an established failure to perform its obligations, the Consumer retains the benefit of ordinary law and the mandatory provisions of the French Consumer Code.

16. Force majeure

In accordance with Article 1218 of the French Civil Code, force majeure means unforeseeable, unavoidable events beyond the parties' control which make it impossible to perform all or part of the obligations, including natural disasters, fires, floods, pandemics, acts of public authorities and communication-network outages.

In the event of force majeure, the parties will jointly consider the impact of the event and arrangements for continuing the service. If the situation continues for more than three months, these Terms of Sale may be terminated by the affected party without compensation.

17. Amendment of the Terms of Sale

Atypikoo may amend these Terms of Sale to reflect changes to its services, the legal or regulatory framework, or community feedback.

In the event of a material change, where possible Atypikoo informs Members by an appropriate means (notification, email or banner on the Website) before it takes effect. Changes required by law, relating to Platform security or the fight against abuse, or consisting only of clarification with no adverse effect, may take effect immediately.

If a Member does not accept a material change, they may cancel their Subscription without penalty before the new Terms of Sale take effect and obtain a pro rata refund for the unused period.

Orders placed before a change takes effect are governed by the Terms of Sale in force on the date of the order (principle of non-retroactivity).

18. Languages, governing law and competent courts

18.1 Languages

These Terms of Sale are drafted in French and made available in English and Spanish. The translated versions are intended to faithfully reproduce the content of the French version. In the event of any difference in interpretation, the French version shall be the reference version, subject to the interpretation most favourable to the Consumer and to the mandatory provisions applicable in the Consumer's country of residence. This clause is neither intended nor shall have the effect of depriving the Consumer of any protection that cannot be waived.

18.2 Governing law and competent courts

These Terms of Sale are governed by French law.

In the event of a dispute, the Consumer undertakes to contact Atypikoo first in order to seek an amicable solution (see Articles 12 and 13).

If no agreement is reached, and in accordance with the Consumer-protection provisions of Regulation (EU) No 1215/2012 (Articles 17 and 18), the Consumer may bring proceedings, at their option, before:

the court of the place where they were domiciled when the contract was entered into;
the court of the place where the defendant is domiciled;
or any other competent French court.

No clause of these Terms of Sale may deprive the Consumer of the benefit of these mandatory provisions. A Consumer residing in another Member State of the European Union also retains the benefit of the mandatory provisions of their country of habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).