Preamble

These Terms of Service (hereinafter "ToS") define the terms and conditions of use of the Seyllo platform, accessible at www.seyllo.com (hereinafter "the Platform"), as well as the rights and obligations of the parties in this context.

Use of the Platform implies full and complete acceptance of these ToS. If you do not accept these conditions, you must not use the Platform.

Article 1 – Definitions

In these ToS, the following terms have the meaning indicated below:

"Seyllo" or "the Platform": means the online service published by LWCREATE, accessible at www.seyllo.com, allowing Vendors to create online stores for the sale of Virtual Products.
"Publisher": means LWCREATE, micro-enterprise of Mr. Léo DEBIZE, SIRET 983 033 671 00014, with registered office at 330 Route de Chantemerle, 26260 Marsaz, France.
"User": means any natural or legal person who accesses the Platform, whether Vendor, Customer or simple visitor.
"Vendor": means any natural or legal person, registered on the Platform, who uses Seyllo's services to create an online store and offer Virtual Products for sale.
"Customer": means any natural or legal person who makes a purchase of Virtual Products on a store hosted by the Platform.
"Virtual Products": means digital and intangible goods offered for sale by Vendors on their stores, including ranks, kits, virtual items, in-game benefits, and any other digital content intended for use on video game servers.
"Game Server": means the technical infrastructure operated by the Vendor on which Virtual Products are delivered to Customers.
"RCON": means the communication protocol (Remote Console) allowing automated delivery of Virtual Products on Game Servers.
"Account": means the personal space created by a User when registering on the Platform.
"Store": means the online sales space created by a Vendor on the Platform to offer their Virtual Products.

Article 2 – Purpose and Scope

2.1 Purpose

These ToS govern access to and use of the Seyllo Platform by any User.

Seyllo is a SaaS (Software as a Service) marketplace platform allowing video game server owners to create online stores to sell Virtual Products to their players, with an automated delivery system via the RCON protocol.

2.2 Role of Seyllo

Seyllo acts exclusively as a technical service provider. As such, Seyllo:

Provides the technical infrastructure for creating and hosting Stores
Provides sales management and automated delivery tools
Ensures payment processing through its provider Stripe
Is in no way a party to sales contracts concluded between Vendors and Customers
Does not guarantee the quality, legality or conformity of Virtual Products sold by Vendors
Does not intervene in commercial relationships between Vendors and Customers

2.3 Acceptance of ToS

Any registration or use of the Platform implies unreserved acceptance of these ToS. The User acknowledges having read these ToS and accepts them in full.

Seyllo reserves the right to modify these ToS at any time. Users will be informed of any modification by any appropriate means. Continued use of the Platform after notification of modifications constitutes acceptance of the new ToS.

Article 3 – Platform Access and Registration

3.1 Access Conditions

Access to the Platform is open to any natural person aged at least 18 years and having full legal capacity, as well as to any validly constituted legal entity.

By creating an Account or using the Platform, the User declares and warrants:

Being at least 18 years old
Having full legal capacity to commit under these ToS
Providing accurate, complete and up-to-date information when registering
Not creating an Account for fraudulent or illegal purposes

The Publisher declines all responsibility in case of false declaration by the User, particularly concerning their age or legal capacity.

3.2 Vendor Account Creation

To become a Vendor, the User must create an Account by providing the following information:

Valid email address
Full name
Secure password
Where applicable, information relating to their professional activity (company name, SIRET, VAT number, registered office address)

The Vendor commits to keeping their information up to date and verifying their email address.

3.3 Account Security

The User is solely responsible for the confidentiality of their login credentials and all actions performed from their Account. They commit to:

Choosing a strong password
Not disclosing their credentials to third parties
Immediately informing Seyllo of any unauthorized use of their Account
Enabling two-factor authentication (2FA) when available

Seyllo cannot be held responsible for any damage resulting from the User's failure to comply with these security obligations.

Article 4 – Vendor Obligations

4.1 General Obligations

The Vendor commits to:

Using the Platform in accordance with these ToS and applicable legislation
Providing accurate and complete information concerning their identity and activity
Respecting third-party rights, particularly intellectual property rights
Providing quality customer support to their Customers
Respecting the Terms of Service of video game publishers concerned by their activity
Complying with their tax and reporting obligations (VAT, income declarations, etc.)
Respecting applicable regulations regarding personal data protection (GDPR)

4.2 Obligations Relating to Virtual Products

The Vendor warrants that the Virtual Products they offer:

Conform to the description provided
Do not violate any intellectual property rights
Comply with the ToS of concerned game publishers
Are lawful and do not contravene any legal or regulatory provision

The Vendor is solely responsible for the Virtual Products they offer for sale and for commercial relationships with their Customers.

4.3 Tax Obligations

The Vendor is solely responsible for their tax and social obligations. They must in particular:

Declare income from their activity on the Platform
Pay VAT where applicable
Comply with all reporting obligations applicable to their status

Seyllo does not provide tax advice and cannot be held responsible for the Vendor's failure to meet their tax obligations.

Article 5 – Customer Obligations

5.1 Purchase Conditions

The Customer must be at least 18 years old to make a purchase on the Platform.

By placing an order, the Customer acknowledges:

Having read the characteristics of the Virtual Product
Accepting the Vendor's terms of sale
Having authorization to use the chosen payment method

5.2 Relationship with Vendor

The Customer acknowledges that:

The sales contract is concluded directly with the Vendor
Seyllo is not a party to this contract and is not responsible for the execution of the sale
Any complaint relating to Virtual Products must be addressed to the Vendor
Seyllo intervenes only as a technical service provider

Article 6 – Prohibited Content and Uses

6.1 Strictly Prohibited Content

It is strictly prohibited to offer, sell, distribute or promote on the Platform:

a) Illegal content:

Any content contrary to French, European or international legislation
Any content inciting hatred, violence or discrimination
Any defamatory, insulting content or content damaging the reputation of others
Any content harmful to public order or morality

b) Content infringing third-party rights:

Any content violating intellectual property rights (trademarks, patents, copyrights)
Any content violating image rights or privacy
Any content obtained fraudulently or illegally

c) Video game related content:

Cheats, hacks, bots, exploits or any cheating software
Game accounts (sale, purchase, exchange)
Any product or service violating video game publishers' ToS
Any content allowing unfair advantage in a game

d) Adult and violent content:

Any pornographic or sexually explicit content
Any content showing extreme violence, torture or acts of cruelty
Any content involving minors in any way

e) Other prohibited content:

Any product or service related to drugs, weapons or illegal substances
Any scam, phishing or fraud related content
Any content aimed at spreading viruses, malware or any malicious code
Any Ponzi, pyramid or similar scheme

6.2 Prohibited Uses

It is strictly prohibited:

To use the Platform for purposes other than those provided for in these ToS
To divert the Platform from its intended use, particularly for illegal or fraudulent activities
To circumvent, disable or interfere with Platform security features
To use robots, scrapers or any automated means to access the Platform
To attempt unauthorized access to Seyllo systems or networks
To overload or disrupt Platform operation
To impersonate a third party or create fake accounts
To collect personal data of other Users without their consent
To use the Platform for money laundering or financing illegal activities
To resell, sublicense or commercially exploit access to the Platform without authorization

6.3 Reporting

Any User may report content or behavior they consider contrary to these ToS by contacting Seyllo at [email protected].

Article 7 – Intellectual Property

7.1 Seyllo Rights

All elements constituting the Platform (structure, design, texts, graphics, images, logos, software, databases, functionalities) are the exclusive property of LWCREATE or are subject to a license of use.

Any reproduction, representation, modification, publication, transmission, distortion, total or partial, of these elements, by any process whatsoever, without prior written authorization from LWCREATE, is prohibited and would constitute infringement punishable under articles L.335-2 and following of the French Intellectual Property Code.

7.2 License of Use

Seyllo grants Users a limited, non-exclusive, non-transferable and revocable license to use the Platform, strictly within the scope of the purposes provided for in these ToS.

7.3 Vendor Content

Vendors retain intellectual property over their content (descriptions, images, store logos). By publishing content on the Platform, the Vendor grants Seyllo a non-exclusive, worldwide and free license to use, reproduce and display such content, solely for the purpose of operating the Platform.

Article 8 – Moderation and Sanctions

8.1 Right of Control

Seyllo reserves the right, without obligation, to control content published on the Platform and to take any measures it deems necessary to ensure compliance with these ToS and applicable legislation.

8.2 Precautionary Measures and Sanctions

In case of breach of these ToS, violation of applicable legislation, or any behavior contrary to Seyllo's ethics or values, the Publisher reserves the right, at its sole discretion and without notice, to:

Send a warning to the User
Temporarily suspend access to the Account or certain functionalities
Delete any content contravening these ToS
Permanently and immediately close the User's Account
Cancel ongoing transactions
Retain sums due for commissions
Take any appropriate legal action

8.3 No Refund

In case of suspension or closure of an Account for violation of these ToS, the User will not be entitled to any refund, including ongoing subscriptions (Pro Plan), commissions charged or amounts pending transfer.

8.4 Prior Verification

In case of doubt about the conformity of a Virtual Product or activity with these ToS, the User is invited to contact Seyllo before offering said product or carrying out said activity, in order to obtain prior validation:

By email: [email protected]
Via Discord: https://discord.gg/9cjeFJNf5K

This prior verification does not constitute a guarantee of conformity and does not discharge the User from their responsibility.

8.5 Appeal Procedure

The User whose Account has been suspended or closed may contest this decision by sending a motivated complaint:

By email: [email protected]
Via Discord: https://discord.gg/9cjeFJNf5K

Seyllo commits to examining any complaint within a reasonable time and informing the User of its decision. Seyllo's decision is final.

Article 9 – Liability

9.1 Seyllo Liability

Seyllo commits to implementing all necessary means to ensure proper functioning of the Platform. However, Seyllo cannot be held liable:

For temporary interruptions of the Platform for maintenance or updates
For technical malfunctions beyond its control
For direct or indirect damages resulting from use or inability to use the Platform
For content published by Vendors or Customers
For the quality, legality or conformity of Virtual Products sold by Vendors
For the execution of contracts concluded between Vendors and Customers
For disputes arising between Vendors and Customers
For damages resulting from non-compliant use of the Platform
For data or revenue losses suffered by Users
For any damage resulting from force majeure

9.2 Limitation of Liability

In any event, Seyllo's liability, if engaged, would be limited to direct and foreseeable damages, and capped at the amount of sums actually received by Seyllo for services provided to the User during the twelve (12) months preceding the event giving rise to the damage.

9.3 Vendor Liability

Vendors are solely responsible for:

The legality and conformity of Virtual Products they offer
Compliance with video game publishers' ToS
Their tax and reporting obligations
Customer support and handling Customer complaints
GDPR compliance for personal data they collect
Any dispute with their Customers

9.4 Warranty and Indemnification

The User commits to guaranteeing and indemnifying Seyllo against any claim, action, damage, loss or expense (including legal and attorney fees) resulting from:

Their use of the Platform
Their violation of these ToS
Their violation of any third-party right
Their content published on the Platform

Article 10 – Personal Data

Processing of Users' personal data is governed by Seyllo's Privacy Policy, accessible on the site.

By using the Platform, the User acknowledges having read this Privacy Policy and accepts its terms.

For any question relating to personal data: [email protected]

Article 11 – Duration and Termination

11.1 Duration

These ToS are concluded for an indefinite period from the User's acceptance.

11.2 Termination by User

The User may terminate their Account at any time by contacting Seyllo at [email protected] or using the functionalities provided for this purpose in their personal space.

Termination will take effect within a reasonable time following the request, after closure of any ongoing transactions.

11.3 Termination by Seyllo

Seyllo reserves the right to terminate a User's Account under the conditions provided in Article 8 of these ToS.

11.4 Effects of Termination

Account termination results in:

Deletion of access to the Platform and associated services
For Vendors, closure of their Store(s)
Retention of data necessary to meet Seyllo's legal obligations

Article 12 – General Provisions

12.1 Entirety

These ToS constitute the entire agreement between the User and Seyllo concerning use of the Platform and replace all prior agreements on the same subject.

12.2 Partial Nullity

If any provision of these ToS were declared null or unenforceable, the other provisions would remain in force and would be interpreted to best reflect the original intention of the parties.

12.3 Waiver

Seyllo's failure to enforce any User breach of any provision of these ToS shall not be construed as a waiver of its right to enforce it subsequently.

12.4 Assignment

The User may not assign their rights and obligations under these ToS without Seyllo's prior written consent. Seyllo reserves the right to assign these ToS to any third party, particularly in case of merger, acquisition or asset sale.

Article 13 – Applicable Law and Disputes

13.1 Applicable Law

These ToS are governed by French law.

13.2 Amicable Settlement

In case of dispute relating to the interpretation or execution of these ToS, the parties commit to seeking an amicable solution before any legal action.

The User may address their complaint to Seyllo:

By email: [email protected]
By mail: LWCREATE – 330 Route de Chantemerle, 26260 Marsaz, France

13.3 Mediation

In accordance with articles L.612-1 and following of the French Consumer Code, any consumer has the right to free recourse to a consumer mediator for amicable resolution of a dispute with a professional. The contact details of the competent mediator will be provided upon simple request sent to [email protected].

The User may also use the European Commission's online dispute resolution platform accessible at: https://ec.europa.eu/consumers/odr/

13.4 Competent Courts

Failing amicable resolution, any dispute relating to these ToS will be submitted to the exclusive jurisdiction of French courts.

For disputes involving a professional User, the courts of the jurisdiction of LWCREATE's registered office will have sole jurisdiction.

Article 14 – Contact

For any question relating to these ToS, the User may contact Seyllo:

By email: [email protected]
By mail: LWCREATE – 330 Route de Chantemerle, 26260 Marsaz, France
Via Discord: https://discord.gg/9cjeFJNf5K

Last updated: January 1, 2025