Terms of Use (CGU)

1. Purpose

These Terms of Use govern access to and use of the Apogia platform, a SaaS service that helps streamers turn their streams into discoverable content to grow their audience.

2. Access to the Service

The service is accessible to any person with an internet connection. Account creation requires a valid email address. Apogia reserves the right to refuse access to any user who violates these terms.

3. User Account

Each user is responsible for maintaining the confidentiality of their account credentials. Any activity on the account is the responsibility of the account holder. Users must notify Apogia immediately of any unauthorized use.

4. Acceptable Use and Prohibited Content

Users agree to use the service only for lawful purposes. The following content is strictly prohibited: - content that is illegal under French law or the laws applicable in the user's country of residence; - content infringing third-party intellectual property rights (trademarks, copyrights, patents); - defamatory, insulting, discriminatory content, or content inciting hatred or violence; - content constituting harassment, threats or intimidation; - content containing third-party personal data without their consent; - malware, viruses or any harmful code; - content constituting fraud, phishing or any attempted scam. Apogia reserves the right to immediately remove any content violating these terms, without prior notice or compensation, and to report any manifestly unlawful content to the competent authorities.

5. Adult Content (NSFW)

Apogia permits pornographic or sexually explicit content (hereinafter "adult content") subject to strict compliance with all of the following conditions: (a) Age requirement: Users uploading adult content represent and warrant that they are at least 18 years of age (or the applicable age of majority in their country of residence, if higher). (b) Participant consent: The user warrants that all identifiable persons in the content have given their free, informed and written consent for the recording and distribution of such content. The user must be able to provide proof of such consent upon first request by Apogia. (c) Absolutely prohibited content: The following is prohibited without exception, including in the private media library: any content involving or depicting minors in any way; non-consensual content (revenge porn, sexual deepfakes, voyeurism); content depicting zoophilia; content depicting non-simulated sexual violence; any content whose production or distribution constitutes a criminal offense. (d) Mandatory tagging: All adult content must be flagged as NSFW using the platform's tagging system. The user is responsible for correctly tagging their content. Failure to tag content may result in content removal and account suspension. (e) Shared media library: Adult content may only be published to the shared library if it complies with all of the above conditions and after review by the Apogia moderation team. Shared adult content is filtered by default and is only visible to users who have explicitly enabled NSFW content display in their settings. (f) Liability: The user is solely responsible for the adult content they upload. In the event of a violation of the above conditions, Apogia will immediately remove the content, terminate the account and, where applicable, report the matter to the competent authorities. The user agrees to indemnify and hold harmless Apogia from any third-party claim related to adult content they have uploaded.

6. Intellectual Property

Users retain full ownership of the video content they upload and the clips generated. Apogia retains all rights to the platform, its technology, and its branding. Users grant Apogia a limited license to process their content for the purpose of providing the service. Apogia uses a user's clips for promotional purposes only where that user has expressly authorised it from Settings → Privacy. This authorisation is not granted by accepting these terms, by creating an account, or by subscribing to a paid plan: it is off by default, and declining it has no effect on access to the service or on its price. Where granted, this authorisation allows Apogia to use, reproduce and distribute, on its own surfaces (the site's home page, Apogia's social media accounts), the clips the user has themselves made public, crediting their username or channel name and linking to it. It does not cover private clips, nor clips featuring a third party's image, voice or content: distributing those requires the authorisation of every person concerned, which the user cannot give on their behalf. The user may withdraw this authorisation at any time, in the same place and as easily as it was given. Withdrawal takes effect immediately: the clip stops appearing on the home page and no further post is made. Posts already live on Apogia's accounts are taken down on request to [email protected]. Apogia cannot, however, guarantee the removal of reposts made by third parties, or of printed materials already distributed, which are outside its control.

7. Media Library and Media Licensing

The platform provides two media storage spaces (images, GIFs, videos, audio files): (a) Private Media Library: Media uploaded to the private library remains the exclusive property of the user. It is only accessible to the user and is subject to the storage quota of their plan. (b) Shared Media Library: When a user publishes media to the shared (community) library, they grant all Apogia users a non-exclusive, free, worldwide license to use that media exclusively within the Apogia platform (clip integration, overlays, branding). This license terminates when the media is removed from the shared library. Media made available by Apogia in the shared library is subject to the Apogia license and may only be used within the platform. (c) User warranty and liability: By uploading media to the platform, whether for private use or for the shared library, the user represents and warrants that they hold all necessary intellectual property rights or have obtained express authorization from the rights holders for the use of such media on Apogia. Users are strictly prohibited from uploading any content for which they do not hold the rights or have not obtained authorization from the rights holder. In the event of any claim, action or proceeding brought by a third party (including any rights holder) against Apogia in connection with media uploaded by the user, the user agrees to indemnify, defend and hold harmless Apogia from and against all damages, costs (including reasonable attorney fees), judgments and financial consequences arising directly or indirectly from such claim. Apogia reserves the right to immediately remove any disputed media without prior notice and to suspend or terminate the offending user's account.

8. Limitation of Liability

Apogia is provided "as is" without warranty. Apogia shall not be liable for any indirect, incidental, or consequential damages. The service may experience interruptions for maintenance or updates. Apogia acts as a hosting provider with respect to media uploaded by users and shall not be held liable for their content or for their use by other users through the shared media library.

9. Termination

Apogia may suspend or terminate any account that violates these terms, including in the event of uploading media that infringes third-party intellectual property rights. Users may delete their account at any time from their settings. Upon termination, uploaded content and generated clips may be deleted. Media published to the shared library and approved may be retained after account deletion, unless an explicit removal request is sent to [email protected].

10. Governing Law

These terms are governed by French law. Any disputes shall be submitted to the competent courts of France.