TERMS OF USE

Last updated: July 30, 2025

OUDAVONE SAS is a French simplified joint-stock company with a share capital of €1,000, registered with the Paris Trade and Companies Register under number 984 177 311, with its registered office at 58 rue Monceau, 75008 Paris ("OUDAVONE").

OUDAVONE's business is the development and operation of the mobile software application "GO FUSION" (the "Application").

Go Fusion is a gamified application designed primarily for companies to strengthen employee engagement through playful challenges around health, climate, inclusion, innovation, or product launches. It can also be deployed in schools to engage students, at trade shows or events, or by local authorities to mobilize their citizens. Customers also have access to a Dashboard that lets them measure the positive impact generated (participation, engagement, wellbeing indicators) and include these results in their internal reports.

Article 1 DEFINITIONS

Each of the terms used below in these Terms of Use shall have the following meaning:

Application: the mobile software application "GO FUSION" available on iOS and Android, designed to offer playful Challenges to Players around health, climate, inclusion, innovation, or product launches, and to reward Players for their actions through rewards.

Reward Pool: the virtual space where the Player accumulates points based on participation in Challenges and ranking position. These points unlock rewards that can be customized by the Customer, for example as donations to a charity, event invitations, or ethical gift cards via Ethikdo.

Customer: companies, local authorities, schools, or event organizers that can offer challenges through the Application.

Account: the Player's Personal Space from which they access the Application and Services.

Terms of Use or T&C: the terms of use defining the conditions under which Players use the Application and Services, including their preamble, schedules, and any other document they refer to, as well as any amendment, replacement, extension, or renewal thereof. Challenges: the challenges offered by Go Fusion around health, climate, inclusion, innovation, or product launches, aligned with the company's strategy. Data: data, personal or otherwise, transmitted on the Application by Users.

Personal Space: the Player's personal interface allowing them to use the Application and Services.

Rewards: players play and earn points, and based on their ranking, they receive rewards. These rewards can be customized by the Customer, for example as donations to a charity, event invitations, or ethical gift cards via Ethikdo.

Player: persons holding an Account on the Application and using the Services. To access the personalized space of a company, school, or event, an access code is required. Only Customers may offer challenges without requiring an access code.

Parties: OUDAVONE and the Player collectively.

Privacy Policy: the data privacy policy applicable to Players, made available on the Site and the Application. Services: the services provided to Players, detailed in Article 5 hereof.

Site: the website accessible at https://www.gofusion.fr presenting the Application and Services.

Article 2 PURPOSE

These Terms of Use set the conditions for accessing and using the Application and the Services and define the rights and obligations of OUDAVONE and the Users.

Article 3 ACCEPTANCE

Before accessing the Application, the Player must read these Terms of Use, accessible and printable from the footer of the Application's home page via the "T&C" hyperlink. Access to the Application and Services is granted upon acceptance, without restriction or reservation, of these Terms of Use by the Player by checking the box provided for that purpose at Account creation. Checking this box has the same effect as a handwritten signature. By checking this box, the Player agrees to use the Application and Services in compliance with these Terms of Use. Without acceptance, the Player cannot access the Application or use the Services.

Article 4 ACCESS TO THE APPLICATION AND SERVICES

Access to and use of the Application and Services by the Player are free of charge (excluding connection and telecommunication costs borne by the Player). The Application is free for end users (employees, students, citizens, or event participants) and funded by companies, schools, local authorities, or event organizers.

Access is granted via login credentials (Login and Password) that the Player provides on first connection, after accepting the Terms of Use. When creating their Account, the Player must also provide their last name, first name, email address, and access code provided by their company, school, or event organizer — except for local authorities, which do not require a code.

The Player's first connection to the Application automatically creates an Account from which they can access their Personal Space.

The Player agrees to keep their credentials confidential and shall notify OUDAVONE of any fraudulent use by a third party they become aware of. The Player acknowledges OUDAVONE's right to take any appropriate measures in such cases and accepts sole responsibility for the use of their credentials by third parties or any actions performed by such third parties on their behalf, whether fraudulent or not.

The Player warrants that their information is complete, accurate, and up to date when accessing the Application and Services and throughout their use of the Application. The Player acknowledges that providing incomplete, inaccurate, or outdated information may prevent them from accessing and using the Application and Services and from receiving the Rewards assigned to them by the Application. The Player undertakes not to impersonate a third party.

OUDAVONE shall not be held liable for any misuse of the Player's credentials. The Parties acknowledge that any access to the Application and Services using the Player's credentials shall be presumed to be performed by the Player, as OUDAVONE has no obligation and no technical means to verify the identity of those accessing the Application and Services.

Article 5 TERMS OF USE OF THE APPLICATION AND SERVICES

Services. The Application and Services allow Players to: (i) complete the Challenges offered by the Customer (companies, local authorities, schools, or event organizers) on the Application; (ii) play and earn points, then receive rewards based on their ranking; (iii) benefit from rewards that can be customized by the Customer, for example as donations to a charity, event invitations, or ethical gift cards via Ethikdo.

For more information on Challenge content, the rules for awarding points and Rewards, and supporting actions, the User is invited to consult the dedicated pages in their Personal Space.

Challenges are prepared by Customers (companies, schools, local authorities, or event organizers). They can be customized and created directly by Customers or selected from an "off-the-shelf" library of content offered by Go Fusion (health, climate, inclusion, innovation, etc.). The Go Fusion team systematically reviews submitted content and may advise or request that content not be published if it is not aligned with Go Fusion's strategy and values. However, responsibility for the content remains with the Customer, and Go Fusion cannot guarantee to Users that this content will be lawful, will not infringe third-party rights, or will not be offensive or counterfeit. Go Fusion therefore cannot be held liable for disputes between Users or between a User and the Customer.

Rewards are earned based on the Player's ranking. They are virtually stored in their Reward Pool. This Reward Pool is neither a bank account nor a payment instrument. Rewards may be withdrawn in cases of suspected fraudulent use.

5.1. Free, compliant, non-abusive, and personal use. Use of the Application and Services is free and must comply with these Terms of Use and applicable laws and regulations.

The Player agrees not to use the Application and Services: (i) for professional, commercial, or for-profit purposes or in the interest of any activity competing with OUDAVONE; (ii) in any way that violates applicable laws and regulations; (iii) in any way that violates public order or morality; (iv) in any way that affects the operation or security of the Application and Services; (v) in any way that infringes OUDAVONE's rights and interests, including intellectual property rights, or those of other Players, Customers, or third parties; (vi) in any way that infringes the personal data or privacy of other Players, Customers, or third parties; (vii) for fraudulent, harmful, or malicious purposes.

The Player also undertakes to use the Application and Services exclusively for personal purposes and not to allow any third party to use the Application and Services on their behalf, otherwise bearing full responsibility and guaranteeing against any misuse, non-compliant or unlawful use by any other person, in particular against any violations of applicable laws and regulations.

The Player is solely responsible for their use of the Application and Services, including any relationships that may arise between them and other Players, Customers, and/or third parties, and in particular for any disputes or litigation caused by or arising from their use of the Application and Services. OUDAVONE's liability cannot in any case be engaged on this basis.

The Player acknowledges that the use of the Application and Services requires an internet connection and that the quality of the Services depends directly on this connection, for which the Player is solely responsible.

The Player also agrees not to intentionally transmit false data to OUDAVONE.

Furthermore, the Player acknowledges responsibility for obtaining and maintaining the equipment and services needed to connect to, access, or otherwise use the Application and Services, including, without limitation, modems, hardware, servers, software, operating systems, networks, web servers, and others (collectively, the "Equipment").

The Player also acknowledges responsibility for maintaining the security of the Equipment, their Account, and credentials, as well as all uses of their Account or Equipment with or without their knowledge or consent.

Article 6 OUDAVONE'S OBLIGATIONS, WARRANTIES AND LIABILITY

6.1. Obligations. OUDAVONE undertakes to perform its obligations with diligence and in accordance with industry standards, on a best-efforts basis only — not on a results basis, which the Player expressly acknowledges and accepts. OUDAVONE agrees never to use Player Data for purposes other than providing the Services, nor to share it with third parties, except subcontractors of OUDAVONE subject to the same obligations, or those expressly authorized by the Customer.

6.2. Warranties. OUDAVONE provides the Application and Services "as is." OUDAVONE does not warrant that (i) the Application and Services will be suitable for the Players' particular uses or purposes; (ii) the Application and Services will be free of viruses and/or that OUDAVONE will intervene or remedy any viruses; (iii) the Application and Services will operate without interruption, downtime, bugs, or errors; (iv) the Players' environment, equipment, or technical and IT resources will be compatible or compliant to allow them to connect to and use the Application and Services.

OUDAVONE will use its best efforts to keep the Application and Services accessible to Players 24/7, except in circumstances beyond its control, force majeure, or telecommunications network disruptions, or due to the actions of a Player or third party. OUDAVONE will also use its best efforts to fix bugs that arise during the use of the Application and Services.

In the event of temporary unavailability of the Application and Services due to scheduled maintenance, performed by OUDAVONE or by third-party providers, or due to other causes beyond its reasonable control, OUDAVONE will strive to inform the Player in advance and within reasonable timeframes.

6.3. Exclusion of liability. OUDAVONE shall not be liable: (i) in case of Player dissatisfaction, it being specified that the Services should not be considered as a source of income or professional revenue; (ii) in case of loss, theft, disclosure, or unauthorized, illegal, or improper use of the Player's credentials; (iii) for the rules of definition and awarding of Rewards set by the Customer; (iv) for content and Challenges prepared or chosen by the Customer, whether custom or drawn from Go Fusion's off-the-shelf library; (v) in case of loss, contamination, destruction, or alteration of Player Data occurring during or following connection to or use of the Application and Services; (vi) in case of failure of the internet or the Player's environment, equipment, or technical/IT resources; (vii) in case of unauthorized, illegal, or improper use of the Application and Services by the Player; (viii) in case of breach by the Player of any of their obligations hereunder; (ix) in case of OUDAVONE's breach of its obligations hereunder caused by the Player, the Customer, and/or a third party; (x) in case of OUDAVONE's breach of its obligations hereunder caused by force majeure as recognized by French law and case law; (xi) in case of damage caused to the Player by another Player or the Customer; (xii) in case of disputes between Players and/or between a Player and the Customer; (xiii) for indirect or unforeseeable damages suffered by the Player, including commercial losses, loss of business, loss of revenue, loss of profits, loss of products, loss of earnings, loss of turnover, loss of contracts, loss of customers, loss of opportunity, loss of anticipated savings, lost income, image or reputational damage, or moral damages.

6.4. Limitation of liability. The Player acknowledges and accepts that if OUDAVONE is held liable for direct, foreseeable, and proven damages caused by its breach of its obligations under these Terms of Use, by a final or enforceable court decision, its liability shall be limited to the amount of Rewards received during the 6 months preceding the incident.

The Parties agree that this article shall continue to apply after the termination of these Terms of Use, for any reason.

Article 7 INTELLECTUAL PROPERTY

7.1. OUDAVONE's Intellectual Property. The Application and each of its components, whether visual or audio, including trademarks, names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc., present, published, or made available through the Application, are the exclusive property of OUDAVONE.

7.2. Right of use. OUDAVONE grants the Player a right to use the Application, in its version existing at the date of the Terms of Use and in any future versions, including the right to use, access, connect, and associate their environments, equipment, and technical and IT resources with the Application, on a personal, non-assignable, non-transferable, and non-exclusive basis, for the duration of these Terms of Use and under the conditions provided herein. This license is granted solely for the purpose of using the Application and Services by the Player. Any other use of the Application and its components is strictly prohibited.

The Player undertakes in particular but not exclusively not to: (i) reproduce, represent, or adapt all or part of the Application and its components; (ii) adapt or create derivative products, services, or works from all or part of the Application and its components; (iii) commercialize, sell, rent, lend, or exchange all or part of the Application and its components; (iv) extract all or part of the Application and its components; (v) disassemble, decompile, reverse-engineer, or discover the software source code of all or part of the Application and its components; (vi) remove notices relating to intellectual or industrial property rights on the Application and its components; (vii) impair the operation or security of the Application and its components, in particular but not exclusively by using viruses or malicious software.

More generally, the Player undertakes not to use the Application and its components: (i) in any way that infringes the intellectual or industrial property rights of OUDAVONE, other Players, the Customer, or any third party; (ii) in any way that infringes the rights and interests of OUDAVONE, other Players, the Customer, or any third party; (iii) in any way contrary to applicable laws and regulations, public order, or morality; (iv) in any other manner or for any other purpose than those provided in these Terms of Use.

The Player acknowledges and accepts sole responsibility for any breach of applicable regulations in this regard. The Player indemnifies OUDAVONE against any claim, demand, or action of any kind in this respect.

Article 8 PERSONAL DATA

OUDAVONE collects Player Data for various purposes. For more information on the processing of their Data, the Player is invited to consult the Privacy Policy applicable to them, accessible from the Site and the Application.

Go Fusion first offers a library of standardized content (challenges, quizzes, events) available off the shelf. The Customer can use this content directly. When the Customer requests specific adaptations based on their themes (safety, wellbeing, innovation, etc.), Go Fusion may then use OpenAI in back-office only, to transform these themes into playful and tailored content. No personal or confidential data is transmitted to OpenAI: the prompts sent relate only to open-source topics taken from the website or defined by the Customer. All generated content is systematically reviewed and validated by Go Fusion and then by the Customer before being released.

Article 9 TERM AND TERMINATION

9.1. Term. Access to the Application and Services begins upon the Player's registration on the Application for an indefinite period. The Player is informed and acknowledges that the provisions of the French Consumer Code regarding the right of withdrawal no longer apply once the Player has completed their first Challenge.

9.2. Account closure by the Player. The Player is free to close their Account on the Application at any time and to stop using the Services, for any reason and without justification, by sending an email to: contact@gofusion.fr

9.3. Account suspension or closure by OUDAVONE. OUDAVONE reserves the right to suspend or close a Player's Account in case of material or repeated breach of the Terms of Use, including but not limited to any infringement of intellectual property or any harm caused to another Player, Customer, or third party, that is not remedied within thirty (30) days of receiving a notification, or if OUDAVONE is required to do so to comply with a legal obligation or court decision. All Rewards in progress at the date of suspension and/or closure of the Account may also be suspended or canceled depending on the severity of the breaches.

9.4. Effects. Closure of the Player's Account, for any reason, results in the removal of the Player's access to the Application and Services and the destruction of their Data, as well as, upon their request, the cessation of access to their Reward Pool and associated rewards. Termination of the Terms of Use is without prejudice to all clauses and provisions intended to survive termination.

Article 10 MISCELLANEOUS

10.1. Modifications. OUDAVONE reserves the right to modify the Terms of Use at any time, in particular to reflect changes to the Application and Services and to applicable legislation and regulations. These modifications will be signaled by any means, including by an update notice with the update date on the Application. These modifications will apply within one (1) month, unless otherwise indicated in the notice or notification or in the Terms of Use, and subject to the Player's ability to terminate the Terms of Use under the conditions provided therein. Failing notification of refusal before the effective date, the Player is deemed to have accepted the new terms of use. Relations between the Parties after the effective date will then be governed by this new version.

The Challenges available on the Application may also be modified or removed at any time by the Customer, without having to justify the cause and without engaging OUDAVONE's liability.

10.2. Autonomy of the provisions. If any provision of these Terms of Use is null under a rule of law, statute, or final court decision, it shall be deemed unwritten, but shall not invalidate the other provisions of the Terms of Use.

10.3. Non-waiver. If one of the Parties does not claim the application of one of the provisions of the Terms of Use, it shall not be deemed to have waived the rights arising from that provision.

10.4. Assignment. The Terms of Use and the resulting rights and obligations may not be assigned, contributed, or transferred in any way whatsoever by either Party without the express agreement of the other.

10.5. Notifications. The Parties acknowledge that postal mail, emails, SMS exchanged between them, or notifications made by OUDAVONE on the Application, shall be authentic between the Parties until proven otherwise.

Article 11 GOVERNING LAW – DISPUTES

11.1. Governing law. These Terms of Use are governed by French law.

11.2. Disputes. In case of any issue, the Player is invited to contact: contact@gofusion.fr

In accordance with article L. 612-1 of the French Consumer Code, the Player may use a mediator free of charge to amicably resolve any dispute with OUDAVONE. The User is invited to contact OUDAVONE with their request, so that OUDAVONE can provide the mediation organization's contact details and the precise conditions for such recourse.

The Player may also consult the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights.

In case of failure or refusal of mediation, any legal action will be brought before the competent jurisdiction in accordance with the provisions of the French Code of Civil Procedure.