Terms of use and conditions of sale

1. Legal notices

This website, accessible at https://www.infinity-filter.com/, is published by FAVVEY, a simplified joint-stock company (SAS) with its registered office at 52 boulevard Maurice Berteaux, 95110 Sannois, France, registered with the Pontoise Trade and Companies Register under number 949 953 558.

The publication director of the Site is the legal representative of FAVVEY.

For any question regarding these terms, you can contact us at contact@infinity-filter.com.

2. General provisions

These General Terms of Sale and Use (the “Terms”) apply exclusively to the online sale of subscriptions to the services offered by the Operator on the Site. They are made available to Customers on the Site, where they can be consulted directly, and may also be provided on request.

The Terms are binding on the Customer who acknowledges, by placing an order, having read and accepted them before confirming their order. Validation of the order constitutes the Customer’s adhesion to the Terms in force on the date of the order, the preservation and reproduction of which are ensured by the Operator.

3. Description of services

The Site offers subscriptions to an anti-DDoS protection and network traffic filtering service, primarily for game servers, open to any individual or legal entity using the Site (the “Customer”).

The services presented on the Site are described with their essential characteristics. The illustrations accompanying them do not constitute a contractual document. The services comply with the requirements of French law in force.

The Customer remains responsible for the methods and consequences of their access to the Site, in particular via the Internet. Such access may involve the payment of fees to technical providers such as Internet access providers, which remain the Customer’s responsibility. The Customer provides and is entirely responsible for the equipment needed to connect to the Site, and acknowledges having verified that their computer configuration is secure and in working order.

4. Customer account creation

The Customer undertakes to keep strict confidentiality on the data, in particular the username and password, that allows them to access their account. The Customer is solely responsible for access to the service through their username and password, except in cases of proven fraud. The Customer undertakes to inform the Operator without delay in case of loss, misuse, or fraudulent use of their credentials.

After the creation of their account, the Customer receives an email confirming the creation of their account.

When registering, the Customer undertakes to:

• provide real, accurate, and up-to-date information, in particular not to use false names or addresses, nor names or addresses without being authorised;
• keep this information up to date so as to permanently guarantee its real and accurate nature;
• not create multiple accounts to circumvent the limits, restrictions, or pricing applicable, in particular those of the free plan.

Registration is reserved for persons aged 16 or over. Minors aged 16 to 18 must have prior authorisation from the parent or guardian holding parental authority to subscribe to a paid plan.

5. Acceptable use policy

The service is made available to the Customer for legitimate purposes of protecting and filtering their own traffic. The Customer undertakes not to, directly or indirectly, and undertakes to prevent any third party under their responsibility from:

• using the service in violation of any applicable French, European, or international law or regulation;
• hosting, distributing, or transiting via the service illegal content, in particular of a child-pornographic, terrorist, hate-inciting, violence-inciting, discriminatory nature, or content harmful to public order or human dignity;
• hosting, distributing, or transiting content infringing the rights of third parties, in particular intellectual property rights, privacy, image rights, or the secrecy of correspondence;
• using the service to conduct, facilitate, relay, or amplify computer attacks, unauthorised scanning activities, malicious proxy, phishing, malware distribution, or hidden cryptocurrency mining;
• attempting to circumvent the limits of the service, access components not intended for the Customer, perform reverse engineering, or test the security of the service without prior written authorisation from the Operator;
• creating an abnormal, abusive, or disproportionate load on the Operator’s network resources;
• reselling or making available to third parties the service, in whole or in part, without prior written agreement from the Operator.

In case of breach of this policy, the Operator may, at its sole discretion and without notice, suspend or terminate the Customer’s access to the service, without right to compensation or refund. The Operator reserves the right to cooperate with any competent authority in accordance with applicable legal obligations.

6. Orders

The Operator strives to ensure optimal availability of its services. Offers are valid within the limit of available technical capacities.

To place an order, the Customer selects the desired service, verifies its details and total price, then confirms their order electronically. This explicit confirmation constitutes an electronic signature within the meaning of article 1367 of the French Civil Code and results in acceptance of these Terms and formation of the contract.

Any email relating to an order is sent to the address entered by the Customer in their account.

The Operator reserves the right not to validate an order for any legitimate reason, in particular when:

• the Customer does not comply with these Terms;
• the Customer’s order history shows that amounts remain owed under previous orders;
• a previous order from the Customer is the subject of an ongoing dispute;
• the Customer has not responded to a confirmation request from the Operator.

The Operator archives sales contracts in accordance with applicable legislation. Upon request sent to contact@infinity-filter.com, a copy of the contract may be provided to the Customer.

Any modification of an order by the Customer after confirmation is subject to the Operator’s agreement. Information communicated when placing the order binds the Customer: the Operator’s liability cannot be sought if an error when ordering prevents or delays delivery of the service.

The Customer declares to have full legal capacity to commit under these Terms. In case of breach of any of the provisions herein, the Operator reserves the right to terminate the Customer’s account without notice.

7. Payment terms

Any order placed on the Site is an order with payment obligation and requires payment of a price against the provision of the ordered service.

Payment is processed by our payment provider, which accepts the main bank cards and electronic wallets. The list of accepted payment methods is displayed at the time of the order.

Payment is made directly on the secure servers of the payment provider. The Customer’s bank details do not transit through the Operator’s servers and are protected by an industry-standard encryption process. The Customer guarantees to the Operator that they have the necessary authorisations to use the chosen payment method.

The order is recorded and validated upon acceptance of payment by the provider. The impossibility of debiting the amounts due results in the immediate nullity of the sale. The payment method may in particular be refused in case of expiration, exceeding the Customer’s ceiling, or incorrect data.

The Operator reserves the right to check the validity of the payment, by any means necessary, before activation or maintenance of the service.

8. Prices and price changes

The prices of the services in force at the time of the order are indicated in euros all taxes included (TTC). The price is payable in full after confirmation of the order and is collected according to the periodicity of the chosen subscription. The prices offered include the discounts and rebates that the Operator may grant.

The Operator reserves the right to modify its prices at any time. Any price modification applicable to an ongoing subscription is notified to the Customer by email at the address entered in their account, at least 30 days before its entry into force. The Customer who does not accept the modification may terminate their subscription without charge before the effective date; failing termination within this period, the Customer is deemed to have accepted the new price.

Temporary promotions and offers are valid under the conditions and for the duration displayed. The Operator undertakes to apply the promotional price to any order placed during the promotion period.

9. Free plan, beta versions, and experimental features

The Operator may offer a free plan giving access to a limited version of the service. The limits, features, and conditions of the free plan may be modified, restricted, or removed at any time, without notice or compensation.

Certain features may be offered in beta or experimental versions. They are provided “as is”, without guarantee of availability, performance, or longevity, and may be modified, suspended, or withdrawn at any time without notice.

10. Right of withdrawal

In accordance with article L221-28 13° of the French Consumer Code, the consumer Customer expressly acknowledges that the service constitutes digital content not supplied on a tangible medium, the performance of which begins immediately after payment with their express and prior agreement. Consequently, the Customer expressly waives their right of withdrawal from this provision. This waiver is confirmed by validation of the order.

11. Duration, renewal, and termination

Subscriptions are concluded for the duration indicated at the time of the order and are renewed by tacit renewal for successive periods of the same duration, unless terminated by the Customer from their account before the renewal date.

In accordance with article L215-1 of the French Consumer Code, the consumer Customer may terminate at any time, from renewal, their tacit-renewal subscription. Termination takes effect at the end of the current period, without charge or penalty, it being specified that amounts already paid for the current period are not refunded.

The Operator reserves the right to terminate the Customer’s subscription as of right, without notice or compensation, in case of serious breach of these Terms, in particular in case of non-payment, fraud, use of the service in violation of laws in force, breach of the acceptable use policy, or behaviour harmful to the security or stability of the network.

12. Service availability and quality

The service is provided under an obligation of means. The Operator implements reasonable diligence to keep the service available, but does not subscribe to any contractual service-level agreement (SLA) unless separately agreed in writing. The Customer acknowledges that the characteristics and constraints of the Internet do not allow guaranteeing the absolute security, availability, and integrity of data transmissions.

The service may be momentarily interrupted for maintenance operations, updates, technical improvements, or to evolve its content or presentation. Planned maintenance windows do not constitute unavailability within the meaning of these Terms.

The Operator does not guarantee blocking of all attacks. Certain novel, sophisticated attacks, or attacks of a magnitude exceeding the technical capacities of the network may temporarily degrade the quality of the service, or even lead the Operator to temporarily isolate the targeted resources (null-route or equivalent) in order to preserve the stability of its network and its other Customers. The Customer acknowledges having been informed of these limitations inherent to any anti-DDoS solution.

13. Liability

The Operator cannot be held responsible for non-performance of the contract in case of acts of the Customer, force majeure, or unforeseeable and insurmountable acts of a third party.

The Operator cannot be held responsible for the use of the Site and its services by Customers in violation of these Terms, nor for direct or indirect damages resulting therefrom for a Customer or a third party. In case of liability being sought against the Operator by reason of such behaviour, the Customer undertakes to guarantee the Operator against any conviction and to reimburse all costs incurred for its defence, in particular lawyers’ fees.

The Customer is solely responsible for the content, configurations, and settings they upload via the service, of which they expressly declare to have the rights.

To the full extent permitted by applicable law, the total and cumulative liability of the Operator under these Terms, all heads of damage combined, is limited to the amount of sums actually received by the Operator from the Customer during the twelve (12) months preceding the event giving rise to liability. The Operator cannot in any case be held responsible for indirect, immaterial, or consequential damages, in particular loss of turnover, loss of operation, loss of clientele, loss of data, loss of reputation, or damage to image. This limitation does not apply in case of wilful misconduct, gross negligence, or in cases where applicable law does not authorise such limitation.

14. Intellectual property and licence of use

The Operator is the sole holder of all elements present on the Site and constituting the service, in particular and without limitation: texts, images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, structure of the Site, and any other intellectual property elements or information (the “Elements”), protected by French and international laws relating in particular to intellectual property.

None of the Elements of the Site may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, without the prior express and written authorisation of the Operator. The Customer is solely responsible for any unauthorised use.

The Customer retains full ownership of the configurations, settings, and data they provide or upload via the service. They grant the Operator, for the sole duration of the contract, a non-exclusive, worldwide, and limited licence, strictly necessary for the provision of the service and its improvement.

The Operator is not the owner of the content uploaded by Customers, who remain entirely responsible for it and guarantee the Operator against any recourse in this respect.

15. Personal data

The processing of the Customer’s personal data is carried out in accordance with the General Data Protection Regulation (GDPR) 2016/679 and the French Data Protection Act of 6 January 1978 as amended.

For more information on the data we collect, their purposes, their retention period, and your rights, consult our privacy policy as well as our cookies policy.

16. Notifications

Any notification between the parties may validly be made by email to the Operator’s contact address indicated in article 1 and to the address entered by the Customer in their account. The Customer undertakes to keep this address up to date; failing this, notifications sent to the address on file are deemed validly received.

17. Assignment of the contract

The Customer may not assign, transfer, or sub-licence this contract, in whole or in part, without the Operator’s prior written agreement.

The Operator may freely assign or transfer this contract to any company of its group, or in the context of a merger, demerger, partial contribution of assets, or total or partial transfer of its activity. The Customer is informed by any means.

18. Hyperlinks

The hyperlinks available on the Site may refer to third-party sites not published by the Operator. They are provided for the Customer’s convenience. If the Customer follows these links, they leave the Site and accept to use the third-party sites at their own risk, in accordance with the conditions governing them. The Operator does not control or contribute to the development of the conditions or content of these third-party sites, and cannot be held responsible in any way for these links.

19. Commercial references

Unless expressly opposed by the Customer in writing to contact@infinity-filter.com, the Customer authorises the Operator to mention their name and logo as a reference in its communication materials (brochure, website, commercial proposal, press release, internal communication, etc.).

20. Customer service

The Customer may contact the Operator by email at contact@infinity-filter.com indicating their name, the subject of the request and, if applicable, the number of the order concerned.

21. Survival of clauses

The clauses of these Terms which, by their nature, are intended to survive the end of the contract, in particular the provisions relating to intellectual property, liability, confidentiality, personal data, assignment, notifications, and applicable law, survive the termination of the contract, whatever the cause.

22. Final provisions

Entire agreement. These Terms constitute the entirety of the contract governing the relations between the Customer and the Operator and prevail over any prior communication or contrary conditions emanating from the Customer.

Modifications. The Operator reserves the right to modify these Terms at any time as well as the content of the Site and the services available there. The Terms applicable to a Customer are those in force on the day of the order; any substantial modification is brought to the Customer’s attention by email or by notification in their account.

Partial nullity. If a provision of these Terms were judged null or inapplicable by a competent jurisdiction, the other provisions would retain their full effect.

Non-waiver. The fact for the Operator of not availing itself at a given time of one of the provisions of these Terms cannot be interpreted as a waiver to avail itself of it later.

Complaints and mediation. In case of dispute, the Customer is invited to address the customer service as a priority: contact@infinity-filter.com. In accordance with articles L611-1 and following of the French Consumer Code, the consumer Customer has the right to use free of charge a consumer mediator with a view to the amicable resolution of any dispute against the Operator.

Applicable law and jurisdiction. These Terms are governed, interpreted, and applied in accordance with French law. Any dispute relating to their formation, execution, or interpretation will, failing amicable resolution, be submitted to the competent French courts.

Acceptance. The Customer acknowledges having read these Terms carefully and accepts them without reservation.