Terms and Conditions MyPlushHero

Preamble

Between:

PROS WONDER SOLUTIONS,

A simplified joint-stock company (societe par actions simplifiee) with share capital of EUR 1,000.00, whose registered office is located at 66 avenue des Champs-Elysees, 75008 Paris, registered with the Paris Trade and Companies Register under number 105 378 707, represented by Ms Stephanie DEBUT in her capacity as duly authorized manager for the purposes hereof,

Hereinafter referred to as the "Seller" or "MyPlushHero",

Of the first part,

And:

Any user of the website myplushhero.com who places an order, against payment, for one or more personalized MyPlushHero game licenses,

Hereinafter referred to as the "Client",

Of the second part,

Together referred to as the "Parties" or individually as a "Party".

The following is stated and agreed:

MyPlushHero designs and publishes a personalized dematerialized video game generated from a photograph of a plush toy provided by the Client and accessible online (the "Generated Game").

MyPlushHero markets the Generated Game from its website available at myplushhero.com (the "Site").

The Parties agree that their relationship is governed exclusively by these terms and conditions (the "Terms and Conditions"), to the exclusion of any previous terms available on the Site or any other document.

The applicable Terms and Conditions are those in force on the date when the Client validates the order. MyPlushHero may amend the Terms and Conditions at any time by publishing a new version on the Site.

The service offered by MyPlushHero is intended for orders placed by Clients who are adults on the date of the Order. The personalized game may be intended for children, but the order process, including payment of the Price, and the provision of the collected data must be carried out by a person aged 18 or over. Uploaded photographs must strictly and exclusively show a plush toy, and not a natural person.

MyPlushHero reserves the right to refuse any Order that does not comply with the conditions set out in these Terms and Conditions.

1Definitions

For the purposes of these Terms and Conditions, the following terms have the meanings set out below:

2Purpose

These Terms and Conditions define the rights and obligations of the Parties in connection with MyPlushHero's Online Sale of a Service consisting in generating the Generated Game from a Source Photo and granting the Client a license to use it.

3Scope

These Terms and Conditions apply to any Order placed on the Site by a Client acting as a consumer and/or non-professional for personal, non-business purposes.

In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, MyPlushHero provides the Client, in a readable and understandable manner, with information relating in particular to:

• the essential characteristics of the Service and the Generated Game;
• the Total Price of the Service;
• the Delivery Time, depending on the offer selected;
• the existence or absence of a right of withdrawal and the conditions for exercising it;
• the legal guarantees.

4Entry into force and term of the Contract

The Contract enters into force on the date of Order Validation by the Client.

It is concluded for the time required to provide the Service and for the term of the license to use the Generated Game granted to the Client, as defined in Article 12.

5Order process and conclusion of the Online Sale

To validly place an Order, the Client must follow the steps below:

• Access the Site at myplushhero.com.
• Complete the online order form by providing the required information:
• first name;
• email address;
• the plush toy's name;
• the desired language for the Generated Game;
• and upload the Source Photo in the format accepted by the Site.
• Select the desired Service offer (Essential, Priority or Express).
• Check the Order summary (selected offer, price, Delivery Time, entered information) and, where applicable, correct any errors.
• Read these Terms and Conditions and tick the checkbox accepting the Terms and Conditions.
• Tick a specific checkbox by which the Client:
• expressly requests that performance of the Service begin before the end of the statutory withdrawal period; and
• expressly acknowledges that the right of withdrawal is lost from the start of performance of the Contract.
• Enter payment information on the secure interface of the payment service provider (Stripe), pay and thereby finally validate the Order.

At the end of these steps, the Client receives at the email address provided:

• an acknowledgement of receipt of the Order, constituting Order Confirmation,
• where applicable, a separate email offering optional Complementary Options,
• then, at the end of the generation process, an email informing the Client that the access link to the Generated Game is available.

MyPlushHero reserves the right to refuse any abnormal Order, any Order placed in bad faith, or any Order for any other legitimate reason, in accordance with Article L. 121-11 of the French Consumer Code.

Legitimate grounds for refusing or cancelling an Order include, without limitation:

• uploading Source Photo(s) that are manifestly contrary to these Terms and Conditions, public order or accepted standards of morality;
• uploading Source Photo(s) that may infringe any intellectual property rights, including copyright, trademarks, designs and models, or third-party personality rights;
• fraudulent or suspected fraudulent use of payment methods;
• the existence of payment arrears.

If the Order is refused or cancelled on one of these grounds, MyPlushHero will inform the Client. When the Order is cancelled before any start of performance of the Service, the Client will be refunded the amounts paid, less, in the event of proven fraud, the refund fees charged by the partner payment provider, the amount of which will be brought to the Client's attention.

6Prices and validity of offers

The Price of the Generated Game is indicated on the Site for each Service offer (Essential, Priority, Express), inclusive of all taxes, in euros (EUR), US dollars (USD) and/or any other currency offered at the time of the Order.

At the time of Order Validation, the amount due by the Client corresponds to the Total Price displayed in the Order summary.

Offers and Prices remain valid for as long as they are visible on the Site. MyPlushHero may modify its Prices at any time, while guaranteeing the Client the Price in force at the time of Order Validation.

7Payment terms

The Total Price is paid online, at the time of the Order, through the Stripe payment service provider.

The accepted payment methods are those mentioned by Stripe and on the Site at the time of the Order, including bank cards from the Carte Bleue, Visa and Eurocard/Mastercard networks.

The transaction is immediately debited from the Client's bank card, after verification of the card data and receipt of debit authorization from the issuer.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by payment card is irrevocable. By providing bank card details, the Client authorizes the payment service provider to debit the card for the Total Price.

MyPlushHero does not hold any bank data. Such data is collected and processed by the payment service provider. To learn more about Stripe's commitments: Stripe Privacy Policy.

The Total Price may be displayed in euros, US dollars and/or any other currency offered during the Order process. The currency applicable to payment is the currency selected by the Client when validating the Order, among those offered.

When payment is made in a currency other than that of the Client's bank account, the Client is responsible for checking any exchange fees or commissions applied by the bank or payment method issuer. MyPlushHero is not liable for such fees or commissions.

If the Total Price cannot be debited, the Contract will be automatically terminated and the Order cancelled, without giving rise to any compensation for the Client.

A Complementary Option is subscribed through a link or order button included in the email received by the Client, leading to a dedicated order page summarizing the option's content, its Total Price and all relevant information.

Payment for the Complementary Option is made under the same conditions as the Order.

8Delivery of the Service

Delivery Method

As the Service is digital content without any physical medium, Delivery consists of providing an access link allowing the Client to access the Generated Game by email and/or by any other dematerialized means indicated on the Site.

Delivery Time

The Delivery Times are indicated on the Site and depend on the Service offer selected by the Client:

• Essential offer: Delivery within ten (10) days from Order Validation;
• Priority offer: Delivery within five (5) days from Order Validation;
• Express offer: Delivery within forty-eight (48) hours from Order Validation.

These timeframes are expressed in calendar days and are indicative, depending on technical constraints and Order volume, without prejudice to the Client's rights in the event of a significant delay, of which the Client will be informed.

Complementary Options

After Order Validation, the Client may, where applicable, be offered Complementary Options by email. These optional Complementary Options are never required in order to benefit from the initially ordered Service.

The Complementary Options currently offered are as follows:

• Creation Boost option: the Creation Boost option is offered only to Clients who have subscribed to the Essential offer. It is offered by email after Validation of the initial Order and makes it possible to accelerate the creation and Delivery process for the Generated Game. The characteristics of this option, including the adjusted Delivery Time and Total Price, are specified in the proposal email and repeated on the order page before the Client validates the option.
• Keepsake Pack option: the Keepsake Pack option is offered to Clients who have subscribed to the Essential or Priority offers. It is offered by email after Validation of the initial Order and makes it possible to purchase a downloadable keepsake image pack of the plush toy. The nature and number of images provided, the technical download terms and the Total Price are indicated in the proposal email and repeated on the order page.
• Hosting Extension option: the Hosting Extension option is offered to Clients who have subscribed to one of the three Essential, Priority or Express offers. It allows the Client to extend hosting of the Generated Game on MyPlushHero's servers beyond the initial three (3) year term included in the selected offer. The proposed extension term, Total Price and access conditions for the Generated Game during the extended period are specified in the proposal email and repeated on the order page.

Delivery delay

In the event of a Delivery delay, MyPlushHero will inform the Client by email.

The Client may require MyPlushHero to complete Delivery within a reasonable additional period. If Delivery is not completed within that additional period, the Client may terminate the Contract and obtain a refund of the Total Price paid, without any other amount or compensation.

Verification by the Client

The Client must check proper receipt of the Delivery email and proper operation of the access link.

In the event of difficulty, including a missing email or inactive link, the Client should contact MyPlushHero as soon as possible at hello@myplushhero.com so that a solution can be provided.

9Right of withdrawal

The Service provided by MyPlushHero constitutes digital content without a physical medium within the meaning of Article L. 221-28, 13 of the French Consumer Code.

For all Service offers (Essential, Priority and Express), performance of the Contract, namely generation of the Generated Game, begins before expiry of the fourteen (14) day period, and the Generated Game is delivered within the Delivery Times indicated in Article 8 of these Terms and Conditions.

In accordance with Article L. 221-28, 13 of the French Consumer Code, the Client is informed that:

• the Service constitutes digital content without a physical medium;
• the Client expressly requests that performance of the Contract begin before the end of the withdrawal period;
• the Client expressly acknowledges that the right of withdrawal is lost from the start of performance of the Contract.

The Client receives confirmation of this agreement and waiver on a durable medium.

This information is brought to the Client's attention in a clear and understandable manner and is subject to a separate checkbox during the Order. Without this specific acceptance, the Client cannot finalize the Order.

The Complementary Options constitute digital content/services. As such, the Complementary Options are governed in the same manner as the Service provided.

10Legal guarantees

Legal guarantee of conformity (digital content)

The Generated Game supplied by MyPlushHero constitutes digital content within the meaning of Articles L. 224-25-1 et seq. of the French Consumer Code.

The Client therefore benefits from the legal guarantee of conformity:

• the Client has a period of two (2) years from supply of the Generated Game to invoke a lack of conformity;
• for one (1) year from that supply, the Client only has to demonstrate the existence of the lack of conformity, without having to prove the date on which it appeared.

In this context, where required by applicable texts, MyPlushHero must provide the updates necessary to maintain the conformity of the content or digital service.

In the event of a lack of conformity, the Client is entitled to have the digital content brought into conformity free of charge and without undue delay. Where bringing the content into conformity is impossible or cannot be done without cost to the Client, the Client may:

• obtain a price reduction while retaining the digital content or digital service; or
• terminate the Contract and obtain a full refund in exchange for relinquishing the digital content or digital service concerned, in the cases provided by law, in particular where:
• MyPlushHero refuses to bring the digital content into conformity;
• bringing the content into conformity is unjustifiably delayed;
• bringing the content into conformity cannot occur without costs imposed on the Client;
• bringing the content into conformity causes major inconvenience to the Client;
• the non-conformity persists despite an unsuccessful attempt to bring the content into conformity.

The Client may also immediately obtain a price reduction or termination of the Contract, without first requesting that the content be brought into conformity, where the lack of conformity is so serious as to justify either remedy. Where the lack of conformity is minor, the Client may obtain termination of the Contract only if the Contract does not provide for payment of a price.

Any period during which the digital content is unavailable for the purpose of bringing it into conformity suspends the remaining guarantee period until content that is once again compliant is supplied.

The Client's rights under this guarantee arise from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code, with any applicable civil fine in the event of bad faith.

These rights apply independently of any commercial guarantee that may otherwise be granted.

Legal guarantee against hidden defects

Independently of the legal guarantee of conformity, and if the conditions are met, the Client may, where applicable, rely on the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.

Safety

The Generated Game is a dematerialized video game that may include visual effects capable of causing epileptic seizures, discomfort or other disorders in certain sensitive people.

The Client is expressly informed that:

• some people may be subject to epileptic seizures or loss of consciousness when exposed to strong or repetitive light stimuli, in particular in the event of personal or family history;
• video games are not recommended for the people concerned without prior medical advice;
• prolonged screen use without suitable breaks may cause eye strain, headaches, sleep disorders or other discomfort.

The Client is responsible for:

• checking, before any use of the Generated Game, that the Client and, where applicable, children or other persons who may use the Generated Game have no medical contraindication to exposure to screens and dynamic visual content;
• ensuring appropriate supervision of children when using the Generated Game;
• observing reasonable digital wellbeing practices.

In case of doubt, discomfort, seizure, visual disturbances or any other abnormal symptom, the Client is invited to immediately stop using the Generated Game and consult a healthcare professional. MyPlushHero cannot be held liable for damage resulting from the Client's failure to comply with these recommendations, or from use of the Generated Game in conditions that are manifestly unsuitable or contrary to those recommendations, subject to mandatory legal provisions.

11Source Photo and content provided by the Client

The Service is based on the use of a Source Photo provided by the Client.

The Client represents and warrants:

• that the Client holds all necessary rights and authorizations in the Source Photo and the elements depicted, including copyright, trademark rights, designs and models, image rights, etc.;
• that the Client undertakes not to provide any image representing a character, work or other element protected by intellectual property rights belonging to third parties without being duly authorized to do so;
• that the Client will not transmit any infringing, unlawful or third-party-rights-infringing content.

The Client acknowledges that MyPlushHero has not entered into any license with any right holders over the characters or works represented and that MyPlushHero acts exclusively on the basis of the content provided by the Client, under the Client's responsibility.

MyPlushHero reserves the right to refuse or suspend delivery of a Generated Game where it has serious reasons to consider that the Source Photo may infringe third-party rights or public order, or if it receives a claim from a third party asserting such rights.

A reporting mechanism is available to right holders, who may notify any allegedly infringing content at hello@myplushhero.com. Where applicable, MyPlushHero may suspend or delete access to the relevant Generated Game, which will result in application of Article 5 of these Terms and Conditions as regards refunds.

12Intellectual property - License to use the Generated Game

MyPlushHero remains the owner of all intellectual property rights relating in particular to the Site, the software and technologies enabling generation and operation of the Generated Game, and the standard graphic, sound, narrative and technical elements used as part of the Service.

Subject to full payment of the Total Price of the selected offer, MyPlushHero grants the Client, from Delivery of the access link to the Generated Game, a non-exclusive license, transferable within the family circle, to access and use the Generated Game for strictly personal and non-commercial purposes, under the following conditions:

• for online access to the Generated Game hosted by MyPlushHero's provider, the license is granted for an initial term of three (3) years from Delivery;
• at the end of this initial term, MyPlushHero may offer the Client an extension of hosting for the Generated Game, as part of the Hosting Extension option described in Article 8 hereof, subject to payment of the corresponding hosting fees; in that case, the license to use the Generated Game continues for as long as those fees are duly paid;
• alternatively, MyPlushHero may offer the Client the possibility of downloading the Generated Game to the Client's own device; in that case, the license to use the Generated Game is granted without time limitation for the above use, for as long as the file is not deleted by the Client and under the Client's sole responsibility.

If hosting is not renewed and, where applicable, after the download possibility has been made available, online access to the Generated Game may be disabled.

The Client is also prohibited from, in particular:

• attempting to decompile, disassemble, reverse engineer or reconstruct the source code of the Generated Game;
• copying, reproducing, distributing, renting, assigning or making the Generated Game available to third parties outside the family circle;
• commercially exploiting the Generated Game and its software component in any manner whatsoever.

MyPlushHero does not claim any intellectual property rights over any original elements specific to the Generated Game resulting from the Client's Source Photo, subject to the rights it holds in the software and standard elements incorporated into the Service.

The Client grants MyPlushHero, on a non-exclusive, worldwide and free-of-charge basis, for the legal term of protection of the intellectual property rights, a license to use the Generated Game in particular for the following purposes:

• improvement and configuration of game generation models;
• testing, statistical analyses and performance measurements;
• promotional use on MyPlushHero communication materials.

13Processing of Source Photos and technical files

Source Photos are kept only for the time necessary to create, deliver and provide initial support for the Generated Game, then automatically deleted within ninety (90) days from Delivery.

The technical files necessary for operation of the Generated Game, as well as their backups and archives, are kept for the three (3) year term of the usage license, which may be extended in the event of hosting renewal for as long as the corresponding fees are duly paid, then deleted within a technical period of ninety (90) days following expiry of that term.

Where the Generated Game has been downloaded by the Client, the downloaded file is kept and used under the Client's sole responsibility on the Client's own device. Deletion of the hosting technical files by MyPlushHero does not affect that downloaded file.

The Source Photos and technical files are stored solely for the purpose of providing, maintaining and improving the Service, without any obligation of long-term or permanent archiving. The Client is responsible for keeping, by the Client's own means, any elements the Client wishes to retain.

14Liability

MyPlushHero is bound by a best-efforts obligation in providing the Service.

The Client acknowledges that the Generated Game relies on different processing, artistic interpretation and production steps intended to ensure the quality and coherence of the final product from the Source Photo provided, involving a degree of graphic and technical interpretation.

In this respect, the Client is expressly informed and accepts that:

• the visual rendering of the Generated Game is a free and stylized representation of the Source Photo, which is not intended to faithfully reproduce all elements, details or characteristics of it;
• no guarantee of exact resemblance or subjective conformity with the Client's personal expectations can be given;
• the content, gameplay, visual universe and user experience of the Generated Game are creative and technical choices specific to MyPlushHero.

Consequently, dissatisfaction of the Client or the final beneficiary of the Generated Game, in particular due to subjective considerations such as aesthetic preferences, emotional attachment or interest in the game, cannot constitute a lack of conformity or give rise to a right to refund or compensation.

The Generated Game is provided "as is", subject to applicable legal guarantees. MyPlushHero does not guarantee that the Generated Game will meet the Client's specific expectations or be free from minor errors that do not affect normal use.

MyPlushHero cannot be held liable in the event of:

• use of the Generated Game that does not comply with its intended purpose;
• poor quality or unsuitability of the Source Photo provided by the Client;
• technical incompatibility with the Client's equipment, unless expressly stated otherwise. Access to and use of the Generated Game are online and require (i) use of a smartphone, tablet or computer and (ii) an Internet connection, with any connection costs borne exclusively by the User.

In any event, MyPlushHero's liability is limited to direct and foreseeable damage suffered by the Client, to the exclusion of any indirect damage, including loss of opportunity, moral prejudice, loss of business or commercial loss.

This clause applies subject to mandatory legal provisions, in particular those relating to the legal guarantee of conformity and liability for defective products, from which no derogation may be made.

15Personal data

As part of providing the Service, MyPlushHero may collect and process personal data relating to the Client, such as:

• first name;
• email address;
• billing data;
• payment data, transmitted by the payment service provider.

MyPlushHero undertakes to process this data in accordance with applicable regulations. The full terms for processing personal data and the Client's related rights are described in MyPlushHero's Privacy Policy, available on the Site. The Client is invited to read it carefully before placing any Order.

16Force majeure

Performance by MyPlushHero of its obligations under the Contract will be suspended in the event of a force majeure event within the meaning of Article 1218 of the French Civil Code.

MyPlushHero will inform the Client of the occurrence of such an event as soon as possible after becoming aware of it. If the suspension is likely to continue, either Party may terminate the current Order by written notice, without compensation on either side, with MyPlushHero refunding the Client, where applicable, the sums paid for Services not performed.

17Severability

If any provision of the Contract is declared null or unenforceable by a competent court, that invalidity will not affect the validity of the other provisions, which will remain in force.

18Amendments to the Terms and Conditions

MyPlushHero may amend these Terms and Conditions at any time. The amended Terms and Conditions will apply only to Orders placed after they are posted online on the Site.

The Terms and Conditions applicable to a given Order are those accepted by the Client at the time of Order Validation. The Terms and Conditions remain available on request from MyPlushHero.

Any contractual derogation will be valid only after written agreement between the Parties.

19Independence of the Parties

The Parties remain independent from one another and neither Party may make any commitment in the name or on behalf of the other.

A Party's failure to rely on a breach by the other Party of any of its obligations may not be interpreted as a waiver of the relevant obligation for the future.

20Dispute resolution

In accordance with Article L. 612-1 of the French Consumer Code, the Client may use a consumer mediator free of charge to seek amicable resolution of a dispute with MyPlushHero.

In the event of a possible complaint by a European Client, the Client is invited to visit the following site: https://www.europe-consommateurs.eu

21Language, applicable law and jurisdiction

The applicable language of this Contract, and the version that prevails between the Parties, is French. This English version is provided for convenience.

The Contract is governed by French law.

Any dispute relating to the formation, interpretation, performance or termination of the Contract that cannot be resolved amicably will be brought before the competent French courts.

Last updated: June 11, 2026